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Question A18

XVIII.

(Question XVIII, Labor Law, 2018 Bar Exam)

Nestor and Nadine have been living in for the last 10 years without the benefit of marriage. Their union has produced four children. Nadine was three months pregnant with her 5th child when Nestor left her for another woman. When Nadine was eight months pregnant with her 5th child, she applied for maternity leave benefits. Her employer refused on the ground that this was already her 5th pregnancy and that she was only living in with the father of her child, who is now in a relationship with another woman. When Nadine gave birth, Nestor applied for paternity leave benefits. His employer also denied the application on the same grounds that Nadine’s employer denied her application.

(a) Can Nadine’s employer legally deny her claim for maternity benefits? (2.5%)

(b) Can Nestor’s employer legally deny his claim for paternity benefits? (2.5%)

Suggested Answer:

(a) No. Answer

Under the 105-Day Expanded Maternity Leave Law, the maternity leave is granted to female workers in every instance of pregnancy, miscarriage or emergency termination of pregnancy, regardless of frequency. Further, the benefit is given to female workers, whether they are single or married. Rule

In the case at bar, Nadine is pregnant and thus entitling her to maternity leave. That it is her 5th child and/or that she is single is not a bar or limitation to her availing of the benefit. Apply

Thus, the employer cannot legally deny her claim for maternity benefits. Conclusion

(b) Yes.

Under the Paternity Leave Law, the male employee must be legally married to avail of the paternity leave. Rule

In the case at bar, Nestor is not legally married to Nadine. The requirement of marriage is thus not present for Nestor to avail of the paternity leave benefit. Apply

Thus, the employer may legally deny Nestor’s claim for paternity benefits. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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