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E. Solo Parents

1. Concepts

Solo parent – refers to any individual who falls under any of the following categories:

1) A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child;

2) Parent left solo or alone with the responsibility of parenthood due to death of spouse;

3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;

4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;

5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children;

6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children;

7) Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year;

8) Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution;

9) Any other person who solely provides parental care and support to a child or children;

10) Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent. (Section 3 [a], R.A. 8972, Solo Parents’ Welfare Act of 2000)

Children – refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and not more than eighteen (18) years of age, or even over eighteen (18) years but are incapable of self-support because of mental and/or physical defect/disability. (Section 3 [b], Ibid.)

Parental responsibility — with respect to their minor children shall refer to the rights and duties of the parents as defined in Article 220 of Executive Order No. 209, as amended, otherwise known as the “Family Code of the Philippines,” and hereunder enumerated as follows:

1) To keep them in their company, to support, educate and instruct them by right precept and good example and to provide for their upbringing in keeping with their means;

2) To give them love and affection, advice and counsel, companionship and understanding,

3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship;

4) To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals;

5) To represent them in all matters affecting their interest;

6) To demand from them respect and obedience;

7) To impose discipline on them as may be required under the circumstances; and

8) To perform such other duties as are imposed by law and upon parents and guardians; (Section 6, Article III, Implementing Rules and Regulations of R.A. 8972)

2. Flexible work schedule

Flexible work schedule – is the right granted to a solo parent employee to vary his/her arrival and departure time without affecting the core work hours as defined by the employer. (Section 6[h], Ibid.)

3. No discrimination

No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status. (Section 17, Ibid.)

4. Parent leave

NB: Additional discussions may be found under Part III – Labor Standards > C. Leaves > 2. Special Laws > a. Parental leave for solo parents

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