Legal rights of solo parents

by Connie Veneracion on September 6, 2004



The good news is that a solo parent can demand to work on a flexi-hour schedule for as long as he/she works for the number of hours required by the employer. That means a solo parent can demand a different time of arrival and departure from the place of work.

Republic Act No. 8972 defines a solo parent as one who has sole care and custody of a child under 18 years of age under any of the following circumstances:

1) the child was born as a result of rape (refers to mothers only);

2) widowhood;

3) imprisonment for at least one (1) year of the other spouse;

4) physical or mental incapacity of the other spouse;

5) separation from the other spouse, legal or de facto;

6) annullment or declaration of nullity of marriage;

7) abandonment by the other spouse for at least a year;

8) unmarried parents;

9) a person, not the parent of the child, who provides sole parental care and support for him; and

10) a family member who assumes the role of head of the family due to the death, abandonment, disappearance or prolonged absence of the parents.

The bad news is that an employer may seek exemption from the Department of Labor and Employment (DOLE) based on “meritorious grounds”. The law does not define what “meritorious grounds” mean.

Republic Act No. 8972 which took effect during the administration of Joseph Estrada also provides for other benefits like housing, scholarships, income support, counselling, etc.

I wonder if anyone has actually and successfully claimed any of the benefits provided by this law.

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