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13th month pay computation with maternity leave during the year

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septemberian


Arresto Menor
Dear Atty.,

I would like to inquire with regards to 13th month pay computation in relation to that with maternity leave. I am in managerial position po in one company and receiving salary on a monthly basis, so we are not entitled to overtime pay though we rendered and extended so much working hours, though we are not being deducted for lates for only up to 1 hour becoz if it exceeds 1 hour, it is considered as half-day absent already and to be deducted from our salary. Inquiries po are the following:
(1) Is the employer required to pay me salary during my 2 months maternity leave?
(2) Or would the amount that my employer will pay to me is the computed SSS maternity benefit?
(3) How about the 13th month pay computation, since 2 months that I will be on maternity leave, is the computation of 13th month would be divided by 10 months instead of 12 months? I read under PD 851 Ma'am/Sir and other court rulings, that the computation of 13th month pay should be based on the length of service and not on the actual wage earned by the employee and that should there be no gap of service during the year, then it should not be pro-rated and must be paid in full (employee is still employed in the company though on maternity leave), so if I am receiving P30K a month Ma’am/Sir from Jan - Oct. (10 months) then Nov. & Dec. is my maternity leave, should I still be receiving P30K as my 13th month pay computed as P30K x 10 months / 10 (no. of months of service during the calendar year)?
(4) How about 14th month pay, it is our company policy to give 14th month pay when an employee reach its 3rd year of service, is it correct for the employer to pay 14th month pay exactly the same as computed 13th month, in my case, if the answer to no. 3 is proportionate and would be divided by 12, resulting to lesser 13th month pay, should the 14th month pay would follow the same computation, it would double the lessening of the benefit for the employee, should it be the 14th month pay be full, because it would not be the choice of the employee to get pregnant during the 3rd year of service when she is already entitled to 14th month pay.

We sincerely needed your advice Atty.

Thank you so much.

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attyLLL


moderator
1) no
2) yes
3) very interesting question, and i'm not sure of the answer. i'd argue 10 months because this was what was earned through the year.
4) i would argue also that it be based on 10 mos


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septemberian


Arresto Menor
Dear Atty.

Thank you so much for the reply. Hope to receive your final advice please for Nos. 3 and 4 inquiries.

It would really be of most help.

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attyLLL


moderator
that is my answer. you can also inquire at dole.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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septemberian


Arresto Menor
Dear Atty.

Really thank you very much for the advice and big help.

More power.

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