Eldest sibling seeks benefits as solo parent

Dear PAO,

Our parents died in an accident last year. As the eldest child, I took over the responsibility of taking care of my two siblings aged 15 and 10. I am now providing for their daily needs from food to clothing as well as their school expenses. I work in a private company and I would like to know if I could avail of the benefits provided under the Solo Parent Act in the workplace. Thank you very much.

Marissa

Dear Marissa,

First and foremost, we would like to commend you for voluntarily standing as parent to your younger siblings. We are certain that your parents are very happy wherever they may be now because you are taking care of your siblings.

Republic Act (RA) 8972, or the Solo Parents’ Welfare Act of 2000 was enacted to help the solo parents in carrying the heavy responsibility of raising their families. Toward this end, the law aims for the development of programs and benefits for the solo parents and their children, to be carried out by the different sectors of the government. Being a solo parent is not limited to a man or a woman who is left alone with the responsibility of taking care of his/her children. Any person who is solely providing parental care and support to a child will be considered as a solo parent. On the same note, a family member who assumes the responsibility of the head of the family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent (Section 3, RA 8972).

Since you are left with the responsibility of taking care of your minor siblings in view of the untimely death of your parents, you are considered as a solo parent for all intents and purpose of the Solo Parent Act. Hence, you are entitled to all the benefits provided therein for solo parents in their workplace. Section 7 of RA 8972 prohibits the employer from discriminating against any solo parent employee with respect to the terms and conditions of employment on account of his/her status. As a solo parent, you may have a flexible working schedule provided that the same shall not affect individual or company productivity and that your employer was not granted by the Department of Labor and Employment an exemption from giving such schedule (Section 6, id.). You will also be granted, in addition to leave privileges under existing laws, a parental leave of not more than seven (7) working days every year, provided you have rendered service of at least one (1) year (Section 7, id.).

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. –Persida Acosta, Manila Times