Can a new employee apply for paternity leave if his wife delivered their baby before he began work for his new employer?

No, the new employee will not be entitled yet to Paternity Leave Benefit.

The requirements for a male employee to avail himself of the Paternity Leave Benefits under R.A. No. 8187 are:

1. He must be legally married to his spouse.
2. He is an employee of the company at the time of delivery of his child;
3. He is cohabiting with his spouse at the time she gives birth or suffers a miscarriage.
4. His wife has given birth or suffered a miscarriage.
5. The leave is for the first four deliveries or miscarriage.

In addition to these conditions, the married male employee should apply for paternity leave with his employer within a reasonable period of time from the expected date of delivery by the pregnant spouse, or within such period as may be provided by company rules and regulations or by collective bargaining agreement, provided that prior application for leave shall not be required in case of miscarriage.

Click here to see a full copy of Paternity Leave Act of 1996.