Enlighten me…

I am officially confused about my maternity leave.

Art. 133 of Title III Chapter I of the Labor Code of the Philippines states that (and I copy/paste):

a. Every employer shall grant to any pregnant woman employee who has rendered an aggregate service of at least six (6) months for the last twelve (12) months, maternity leave of at least two (2) weeks prior to the expected date of delivery and another four (4) weeks after normal delivery or abortion with full pay based on her regular or average weekly wages. The employer may require from any woman employee applying for maternity leave the production of a medical certificate stating that delivery will probably take place within two weeks.

b. The maternity leave shall be extended without pay on account of illness medically certified to arise out of the pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work, unless she has earned unused leave credits from which such extended leave may be charged.

c. The maternity leave provided in this Article shall be paid by the employer only for the first four (4) deliveries by a woman employee after the effectivity of this Code.

But the company HR says that the compensation I will be getting during my maternity leave will come from SSS, not from the employer. If SSS gives me the check and at the same time I am paid during my maternity leave by my employer, that is already double compensation. That’s “bawal.”

Or is it?

So the supposed maternity leave is technically paid by SSS? Isn’t “SSS” different from “employer?”

I think I’m getting dumb.

Either that, or I’m getting screwed.

No Comments

  • Yuri May 28, 2009 at 10:33 pm

    i think your company’s pulling your leg.

    As far as I know, the SSS benefit for members is entirely different from the company’s maternity leave and pay as prescribed by the law. I believe na parang vacation and sick leaves yan e.

    double compensation is only applicable for government employees working and receiving salaries from two separate government entities.

    In any case, I’ll give you atty. adrian’s number.

    if adrian agrees with my opinion, then demand for pay. if they don’t budge, threaten that you will elevate it to the labor department.

    πŸ˜€

    Reply
    • moonchild117 May 29, 2009 at 2:23 pm

      yun din ang pagkakaintindi ko when i read that part of the labor code. pero when i asked my mom, sabi nya parang ang nangyayari is that SSS pays the company in advance kung ano yung dapat na “isusuweldo” during the leave. that’s what happened to her din nung pinagbuntis nya kami. so it’s just the check from the SSS that i’ll get and technically no compensation from the company during those two months. balik sa payroll after the leave na.

      pero the amount i got from SSS is way lower than my supposed two-month salary… i believe they have a max amount kung normal delivery or caesarean yung birth.

      anyways, thanks for texting adrian’s and jean’s numbers. i’m also asking around about it. salamat, mama carly. πŸ˜€

      Reply
  • Golden May 29, 2009 at 10:01 am

    I can share my experience with you. Here in our company, we are given 60 days of maternity leave (that is for normal delivery), but if you gave birth via caesarian delivery, then you’ll be given 75 days for your maternity leave. When I was on maternity leave, the company didn’t pay me. Meaning, I didn’t receive any pay from them when I was on leave. It was SSS who paid me. How much did I get? It depends on your monthly salary. For me, since I’ve been in the company for more than a year, SSS gave me my 2-month salary (since I was on leave for 60 days). But, it has a deduction (I think 10%). Sorry, but I already forgot how much they deducted from my pay. In short, I didn’t get my full 2-month salary because of the deduction.

    As for your maternity leave, it will be on your OB’s discretion when you will start your maternity leave.

    Reply
    • moonchild117 May 29, 2009 at 2:26 pm

      i think that will be the same situation i’ll be in during my maternity leave. thanks for sharing, sis. naguguluhan lang kasi ako about what i read in the labor code, if the leave with full pay given by the employer is separate from the SSS maternity benefit.

      Reply
    • Gino Pulgar May 30, 2009 at 7:25 am

      oo ganito talaga yung siste, in our experience din. it all depends sa contribution mo with SSS and nothing from the company (except for job security hehe).

      buti nga sa atin, inaadvance kasi yun dapat talaga. sa nangyari sa amin ni shugs, we had to wait for the SSS check pa, which came 3-4 months later after giving birth.

      ganun katarantado yung kumpanya nya noon.

      Reply
      • moonchild117 June 1, 2009 at 1:48 pm

        wow, saklap naman nun… 3-4 months after? bad trip naman.

        o ayan ha, in-approve ko na comment mo. πŸ˜› salamat sa pagdalaw. πŸ™‚

        Reply
  • Rachel May 29, 2009 at 2:37 pm

    Sorry Ate pero wala pa akong masyadong idea about it. Try mo yung post ni Ate Toni http://www.wifelysteps.com baka makahelp sayo =D Preggy din kasi siya.

    Reply
    • moonchild117 June 1, 2009 at 1:46 pm

      thanks, sis. will do. πŸ˜€

      Reply
  • melita June 2, 2009 at 5:51 pm

    Kung ganon pala yung “process”, di dapat yung Labor Code ang i-amend? Hehehe. Kasi it clearly states that THE EMPLOYER should be the one paying in full, at hindi yung SSS. Boo.

    Reply
    • moonchild117 June 3, 2009 at 10:20 am

      magulo silang lahat. pesteng gobyerno.

      haha, off-topic ako. πŸ˜›

      Reply
    • atty. J September 16, 2009 at 2:03 pm

      melita, actually the part regarding maternity benefits in the labor code was already amended by the SSS law. if you will check law books it specifically states that a and c of Art. 133 of the Labor code give way to the SSS law.

      What the law now requires is that for the employer to advance the payment for the period during which the employee is on leave. thereafter, the employer shall get the reimbursement from SSS.

      Reply
  • Jen Mercado June 5, 2009 at 8:27 am

    Let me explain mga sis… ehem-ehem… former law student here at syempre mommy na kaya nasaliksik ko na ang mga chorvanes na ito.

    Under the law, which you have cited, ang required na ibigay ng company is maternity LEAVE. ito yung 60 days pag normal and 78 days pag CS. Walang kinalaman yung accumulated mong VL o SL dito. This maternity leave is entirely different.

    Yung compensation naman is dependent on the company’s maternity / compensation package. Some companies give BASIC salary to employees on maternity leave. Meaning kahit naka-leave ka eh susweldo ka pa din ng kinsenas at katapusan while on maternity leave. Some companies naman just give a lump sum amount DEPENDE sa kung magkano ang feel nilang ibigay na bukal sa bulsa nila.

    Most companies DO NOT give compensation to employees during maternity leave. What they do is ADVANCE the SSS maternity benefit o 30k for normal or 39k for CS. Actually, 30k lang muna talaga give nila, kasi ang assumption lagi is normal birth ka unless me health condition ka na dapat CS ka ora mismo, you would need doctor’s certifications for this. Then kung ma-CS ka after kang makakuha ng 30k lang, eh makukuha mo pa yung 9k na kulang. Again, magsa-submit ka na naman ng documentation chorva dito.

    Siguro tamad ang HR nyo kaya ikaw mismo ang pinagpo-process ng maternity benefit mo to get your SSS check DIRECTLY from SSS. Usually kasi, yun nga ina-advance na lang ng company then sila na nagre-reimburse sa SSS. Kung malas ka sa employer mo eh wala talaga tayong magagawa.

    When you do go to the SSS, ask na lang kung pwede mo silang ireklamo. Pero kung balak mong magtagal dyan sa opisinang yan eh I would strongly suggest not to make away the HR. naku sasakit ang ulo pag me kailangan ka sa kanila. Alam mo naman ugali ng mga pilipino, benggador! πŸ™‚

    Reply
    • moonchild117 June 6, 2009 at 6:15 pm

      hi sis! super thanks for this… sobrang informative. hays, i guess medyo kaasar lang ang company ko because di sila masyadong mabait sa employees nila (in terms of the maternity compensation chourva). and in fairness, natawa ako dun sa “benggador” comment. love it! thanks for dropping by. πŸ™‚

      Reply
  • teng October 1, 2009 at 7:08 pm

    the process goes this way. for sure you are aware how much is your monthly rate. that rate will be the basis in determining your sss bracket rate in computing the benefits. but remember there is a what we call a ceiling which is 15,000. so when you are earning more than 15K or more, the sss will follow only the 15K as your base income for benefit purposes.

    So, assuming your monthly remittance with sss for the 12 months period was consistently at bracket 15K per month. assuming you gave birth on 09/30/2009. The month of Sept down to Apr 2009 is what we call the contingent month per sss guidelines. Your bracket remittance on March 2009 down to Oct 2008 which is (6 months) will be the basis in computing your maternity benefit.

    Compute it on assumed monthly rate of 15K per month X 6 months (Oct-Mar). you get the total of 90K, then divide by 180days (per sss guideline), you get the figure P/ 500 called the daily allowance rate.

    Conservative approach is to assume you deliver normal. So P/ 500 x 60 days for normal delivery, you get 30K as maternity benefit. If CS 50K x 78 days, you get 39K.

    It is actually the employer who gonna disburse the maternity benefit in advance to his employee. Once the employee can provide already the NSO birth certificate of the child, his employer will in turn file and process a reimbursement at the sss. Provided the documents at complete, the sss will prepare, reimburse and send a check in the name of the company.

    thanks, hope this would be of help to you..

    Reply

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