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maternity leave & benefits

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1 maternity leave & benefits on Wed Sep 01, 2010 5:18 pm

sway248


Arresto Menor
I work for a private company for 2 years now and I am currently on my 7th month of pregnancy.

I would like to know if Art. 133 (Maternity Leave Benefits) under Book III of the Labor Code of the Phils. and Rep. Act 7322 (An Act Increasing maternity benefits in favor of women workers in the Private Sector, Amending for the Purpose Section 14-A of RA 1161 as amended and for other purposes) one and the same? Im confused. Can you please help me interpret this. I want to be guided on what is right and due to me with respect to my rights as an employee. Can you please explain this to me in layman's terms.


thank you very much.

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2 Re: maternity leave & benefits on Wed Sep 01, 2010 6:21 pm

attyLLL


moderator
i believe that ra 8282 is now the prevailing law on maternity leave. here is a resource from dole: http://www.bwc.dole.gov.ph/forms/HANDBOOK2009.pdf

MATERNITY LEAVE
(RA 1161, as amended by RA 8282)
A. Coverage
This benefit applies to all female employees, whether married or
unmarried.
B. Entitlement
Every pregnant employee in the private sector, whether married
or unmarried, is entitled to maternity leave benefit of sixty (60)
days in case of normal delivery or miscarriage, or seventy-eight
(78) days, in case of Caesarian section delivery, with benefits
equivalent to one hundred percent (100%) of the average daily
salary credit of the employee as defined under the law.
To be entitled to the maternity leave benefit, a female employee
should be an SSS member employed at the time of her delivery or
miscarriage; she must have given the required notification to the
SSS through her employer; and her employer must have paid at
least three monthly contributions to the SSS within the twelve-month
period immediately before the date of the contingency (i.e.,
childbirth or miscarriage).
The maternity leave benefit, like other benefits granted by the
Social Security System (SSS), is granted to employees in lieu of
wages. Thus, this may not be included in computing the employeeís
thirteenth-month pay for the calendar year.


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3 Re: maternity leave & benefits on Fri Oct 01, 2010 3:09 am

Nach


Arresto Menor
is there a cut off of allowed length of emergency leaves?

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4 Re: maternity leave & benefits on Sat Oct 02, 2010 12:23 pm

attyLLL


moderator
nach, is this a maternity related question? kindly expound.


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5 Re: maternity leave & benefits on Sat Nov 06, 2010 1:27 pm

dream123


Reclusion Temporal
atty, our company only gives 10k for normal delivery and 14k for CS. they are following the law " with benefits
equivalent to one hundred percent (100%) of the average daily
salary credit of the employee as defined under the law"

is this allowed?

and they do not give benefits for non-regular (probationary) employees.

thanks

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6 Re: maternity leave & benefits on Sun Nov 07, 2010 11:03 am

attyLLL


moderator
it is not really the company who gives the maternity benefit; it is the SSS, which acts through the employer.

as stated by the dole primer, the requirements are:
To be entitled to the maternity leave benefit, a female employee
should be an SSS member employed at the time of her delivery or
miscarriage; she must have given the required notification to the
SSS through her employer; and her employer must have paid at
least three monthly contributions to the SSS within the twelve-month
period immediately before the date of the contingency (i.e.,
childbirth or miscarriage).


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7 Re: maternity leave & benefits on Wed Nov 24, 2010 4:29 pm

shawn


Arresto Menor
how about in government offices, what is the basis of the amount of maternity benefit? is there a cut-off? what if the salary of the employee increased while she was on maternity leave, will her maternity benefit also increase since this is usually given before or at the start of her maternity leave?

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8 Re: maternity leave & benefits on Thu Nov 25, 2010 1:55 pm

celyn zeta


Arresto Menor
Is there a rule mandating employers to advance the sss maternity allowance to its employees?

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9 Re: maternity leave & benefits on Thu Nov 25, 2010 4:17 pm

attyLLL


moderator
shawn, sorry, i'm not knowledgeable when it comes to government employees. perhaps you can inquire at the gsis or civil service commission.

cely, yes, the employer is supposed to advance the amount and will be reimbursed by the sss


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10 Re: maternity leave & benefits on Thu Jan 24, 2013 4:37 pm

BLADE1825


Arresto Menor
Hi AttyLLL,

My wife just gave birth to our first born. I just want to know if her Maternity Leave will be paid as well based on what is stipulated on Article 133 of The Labor Code of the Philippines. She did receive the first part of her Maternity Benefit from SSS and we're still working to complete the requirements for her MAT2.

It really is confusing. Some of my colleagues are telling me that the benefit she has received and will receive from SSS is excluded from what she should receive under the provision of the Labor Code (Article 133 to be exact)which implies that 6 weeks of her leave will be paid, that will be 2 weeks prior to giving birth and 4 weeks after giving birth.

I'll be waiting for your swift reply on this matter.

Thank you very much.



Last edited by BLADE1825 on Wed Feb 27, 2013 10:45 am; edited 1 time in total

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11 Re: maternity leave & benefits on Thu Jan 24, 2013 7:00 pm

Patok


Reclusion Perpetua
that is already the maternity benefit.. the one from SSS..

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12 Re: maternity leave & benefits on Fri Jan 25, 2013 4:48 pm

BLADE1825


Arresto Menor
OK. Thank you very much.

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13 Re: maternity leave & benefits on Fri Mar 01, 2013 7:55 pm

mummies@work


Arresto Menor
Hi Atty, I'm having my fourth baby now (6 months). Though, hindi ako nakapag claim dun sa 1st baby ko dahil di pa ako member nun, di na rin daw ako pwede makapag claim sabi ng SSS kasi I had a miscarriage na, so technically pang 5th ko na raw ito.

My question is, in the absence of an SSS maternity benefit, obligado pa tin ba ang employer ko na bigyan ako ng maternity pay, as part of my maternity benefit under Article 133 of the Labor Code?

SSS Maternity benefit lang ang binibigay ng company namin e, since I cant' avail anymore, can I demand for it?

Please help

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14 Re: maternity leave & benefits on Thu Apr 18, 2013 4:23 pm

elppa_25


Arresto Menor
Good day!

I have been working with my current company for more than 4 years now.I had submitted Maternity Form 1 way back December and my Estimated Time of delivery will be July 17, 2013. I had emailed HR regarding my maternity leave and assuming I will get my maternity benefit as well.

Our HR department replied that I have to “understand that releasing of funds is always subject to the availability of funds. I hope even if 50% can be released before maternity but I cannot say with authority that it will be released. Accounting is not within my authority. “

Is there a way for me to demand from my employer in regards to the advance payment if they will stand on their decision not to pay me in advance?

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15 Re: maternity leave & benefits on Fri Apr 19, 2013 5:35 pm

attyLLL


moderator
then forward it to the head of accounting to say that HR referred you to them because it is not their competence and ask them directly.

try to go through this with just kulitan. legal remedies against employers isn't always the best of ideas


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16 Re: maternity leave & benefits on Sat Apr 20, 2013 12:13 pm

elppa_25


Arresto Menor
thank you.. I have already spoken with them but again they cannot assure me of giving such fund even the 50% of my maternity, they will start working on it right after I gave birth and present to them the Live Birth and other needed documents.

Do you think I need to raise this matter to SSS office as they refused to give me such benefit?

Thank you.

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17 Re: maternity leave & benefits on Sun Apr 21, 2013 9:23 am

attyLLL


moderator
i recommend you keep your communication in writing so it is documented. you can go to the nearest dole office or sss if you want to file a complaint.


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18 Maternity Leave Benefit on Mon Jun 24, 2013 9:21 am

tinedeperalta


Arresto Menor
Hi,

We have an employee and she's in her 5th pregnancy na.Which is not covered with SSS Maternity.

I just would like to ask if how is the treatment of the company for this case?

1. If it will be under her earned SL? if under earned SL, what is the maximum number of days she can avail?
2.Does it have bearing with the number of leaves if she underwent CS?
3.Do we have writings, or guidelines or basis for this?

Hoping for your feedback soon.

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19 Re: maternity leave & benefits on Mon Jun 24, 2013 12:41 pm

anyaresatin


Arresto Mayor
shawn wrote:how about in government offices, what is the basis of the amount of maternity benefit?  is there a cut-off?  what if the salary of the employee increased while she was on maternity leave, will her maternity benefit also increase since this is usually given before or at the start of her maternity leave?

Section 11 of  Rule XVI (Leave of Absence)  Book V of EO 292 and its Omnibus Rules, as amended


¬†¬†¬†¬†¬†¬†¬†¬†¬†¬†¬† "Sec. 11. Conditions for the grant of maternity leave. ‚Äď Every woman in the government service who has rendered an aggregate of two (2) or more years of service, shall, in addition to the vacation and sick leave granted to her, be entitled to maternity leave of sixty (60) calendar days with full pay.


            "Maternity leave of those who have rendered one (1) year or more but less than two (2) years of service shall be computed in proportion to their length of service, provided, that those who have served for less than one (1) year shall be entitled to 60-day maternity leave with half-pay.




re: computation:   If in case, salary increase occurred while  on maternity leave (in cases of  salary increase due to Longevity and or mandated salary adjustment by DBM), the basis of the computation of your maternity leave benefits would also change. Necessary adjustment on your salary will be done upon report for duty, just make sure you have your copy of your NOTICES (salary adjustment/increase due to longevity).

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20 Re: maternity leave & benefits on Mon Jun 24, 2013 12:53 pm

tinedeperalta


Arresto Menor
Thank you for the information.

How about labor laws about 5th child, since all the labor laws are indicating about the limit off maternity benefit for the first 4 only. Do we have guidelines for the 5th child case?

Thank you very much again!

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21 Re: maternity leave & benefits on Mon Jul 01, 2013 12:36 pm

anyaresatin


Arresto Mayor
Since ang concern mo e for govt employee...Every woman in the government service, every instance of pregnancy irrespective of its frequency shall be granted. Not familiar with private kung same ang application.

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22 Re: maternity leave & benefits on Wed Jul 10, 2013 11:57 pm

Grace_G74


Arresto Menor
hi, just would like to inquire regarding maternity benefits, based on SSS rules you can go on "maternity leave of at least two weeks prior to the expected date of delivery and another four weeks after normal delivery or abortion, with full pay based on her regular or average weekly wages.‚ÄĚ
My questions are, is it acceptable to start your maternity leave after you give birth instead of availing the 2 weeks prior to your due date? Also, can you go back to work ex. 1 month after you give birth, even if it was stated that SSS paid you the 60 days maternity benefits? thank you.

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23 Re: maternity leave & benefits on Thu Jul 11, 2013 9:22 am

attyLLL


moderator
imo, this is ok if the employer will agree to it, but can't force them


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24 Re: maternity leave & benefits on Tue Jul 23, 2013 8:07 pm

Glaiza Ozarraga


Arresto Menor
Attorney,

Ask ko lang po.
Kung kakasuhan po ba ako ng employer ko,
Wala po kaming contract, pero almost three years na ako dun,

Nakamaternity leave po ako ngayon, June23- Aug22.
July 22 po , nagfile ako ng resignation para saktong pagkatapos ng M.Leave ko, hindi na ako papasok ... dahil 30days notice po di ba?

Kaya lang po,
Hinold po ako ng Division Head namen dahil HINDI DAW PO PWEDE YUNG GAGAWIN KO.
Hindi daw po ako pwedeng magresign ng ganun.
Nasa rules daw po yun ng DOLE.
KAILANGAN DAW PO MAGREPORT MUNA SA DUTY AT MAGBALIK TRABAHO BAGO MAGRESIGN.

Totoo po ba yun?

Kasi po maa-AWOL daw po ako,
at since sa ospital ako nagtatrabaho, at dun po ako nanganak ng libre (benefits),
Parang sinasabi po nila na kailangan ko daw bayaran yung nilibre saken kung hindi na daw po ako papasok right after..

In short po,
Kailangan ko daw po pumasok pa...
Ang problema po, wala po kasing mag aalaga sa anak ko, kaya hindi na rin po ako pwedeng pumasok.

Ang tanong ko po,
Kung ma-AWOL po ako, may habol po ba sila saken sa sinasabi nilang babayaran ko na ginastos nila saken sa panganganak ko?
Pwede po ba nila akong idemanda kahit wala akong kontrata sa kanila?

Plano ko po sanang HUWAG NG PUMASOK... Dahil ayaw ko na rin po.

Salamat po.

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25 Re: maternity leave & benefits Today at 2:03 am

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