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.