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Maternity benefit and Negligence of Supervisor

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Arresto Menor

I would like to ask for a legal query regarding my employment status. I am currently on Maternity Leave due to miscarriage. I had my DNC done last June 4. Please allow me to state what happened  and why I am consulting Labor on this matter. I am an employee of Arvato Bertlesmann under the team of Team Leader Eli Maningding. I found out that I was pregnant last May 21 2014 and immediately informed my Team Lead about it since I was absent that day for work. I also informed him that my pregnancy is risky because at 6 weeks no heartbeat or embryo was found yet based on the first ultrasound. I told him that I am taking meds (pampakapit) to keep the baby. I told him that I was experiencing crampings during pregnancy that may cause for possible miscarriage.  Last May 27 2014, I texted him that I wont be able to report for work because I was experiencing cramps and that I dont want to risk anything since I know how delicate my situation is. He then replied ( I saved the messages), "Is it that ba Da? Baka pwede naman puamsok tau pag um-ok na un cramps. Baka di naman whole day yan...kung pde lang naman..Isipin mo din ung team, please. Ang hirap na ibigay un trabaho sa team lalo na't konti ang ff up kailangan p mag avail ng 4 hours... Sana kung pde makapsok ka, pra d n din cla madagdagan ng trabaho. Kailangan ko kayo ng completo dada." I told him that my situation is not the normal cramps that a regular person has. I told him that this is risky for my situation. Reading his messages caused my a lot of stress and that I consulted my doctor and was advised for 3-4 days bedrest because I told her what happened between me and my TL. June 2 2014, I went to the doctor for another ultrasound and found out that the baby didnt have a heartbeat and that I am to undergo complete cutterage. So I went to the office that day to submit documents for my emergency maternity leave. And upon submission my Supervisor asked me if Human Resources contacted me already because he said that they have put me already on Leave of Absence for the entire week. I was surprised because first I didnt request for it and I wasnt informed that it was my current status already. If you can imagine the effort and stress of me possibly reporting for work that day if the situation is different only to find out that I dont have a schedule. Also during my maternity leave, my supervisor has been sending work related emails to my friend/colleague to forward it to me instead of him doing it since he is my immediate supervisor. I also would like to state that I reported for work last May 26 2014v which is a Monday and that is the start of my work week. Our payroll cutoff is 26- 10 for the pay out of every 20th and 11-15th for the payout of every 5th of the month. But I didnt get any pay for my attendance last May 26 considering my maternity leave started June 3. I also would like to inquire regarding my maternity pay, I read from Labor Code that I should be paid in advance within 30 days upon filing of maternity leave. But until now Aug.1 2014, I was only able to get 50% of what is due to me which is 15,000 pesos of my maternity benefits. I was told by human resources that I can only get the other half of my benefits 2 weeks after i have submitted all the necessary requirements for SSS. I went to the office last July 14 2014 to submit my histopath and clinical abstract but was informed that i need to submit an operative record together with a post ultrasound document. I submitted those documents last July 17 2014 and was told to wait for another 2 weeks to get the half of my cheque. I went today Aug 1, 2014 for the status of my cheque and was told that HR will just text me on the update if it has been released. Is this the correct process for getting the maternity benefits? I desperately need your help on this. I have already used all my resources and is in debt because of all that has happened. Any help will be extremely helpful. Than k you.

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Prision Mayor
How would the claimant be paid the maternity benefit?
For employed members - the benefit is advanced by the employer to the qualified employee, in full, within 30 days from the date of filing of the maternity leave application. The SSS, in turn, shall immediately reimburse the employer 100 percent of the amount of maternity benefit advanced to the female employee upon receipt of satisfactory proof of such payment and legality thereof.

If the employee member gives birth or suffers miscarriage without the required contributions having been remitted by the employer, or the employer fails to notify the SSS, the employer will be required to pay to the SSS damages equivalent to the benefits the employee would otherwise have been entitled to.

For separated/voluntary/self-employed members - the amount of benefit is paid directly to them by the SSS.

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