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maternity claim

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1 maternity claim on Wed Jan 12, 2011 4:20 pm

makisundae


Arresto Menor
Hi Atty.. I really need some advice on this:

I worked for a private company starting Jan 2010 to May 2010. I understand that the company was still beginning so the sss contributions were still on the process. they are still registering the company and it was ok for me.
At the start, I wasnt aware that I was already pregnant at that time, my boss learned of it and it was ok. I was with them for 5 months. On May 15, 2010, I had an argument with my boss that resulted in my suspension. He asked me to surrender everything tha twas issued to me, cp, laptop. I surrendered everything. After that, I was not allowed to go back and terminated me. I didn't file for any legal action because of my pregnancy.
During that time, I checked SSS and I was elgible for the Maternity benefit. After I gave birth, I completed the requirements and hoping that I will be getting the benefit that was due to me.
SSS asked me to provide a Certification of Separation from the company where I was terminated. It turned out that on May, they included and submitted my name on their list of employees to SSS.It was also the month when they terminated me. SSS was asking me to provide a Certification telling that no advance payment was made by that company to me. I asked my boss to provide me with this 2 documents but as per my boss, he cannot give me that documents DAHIL MAGKAKAPROBLEMA DAW SYA SA SSS, dhil nde nga nya hinulugan yung isang buwan(May) na nakalista ako dun. nde nmn daw nya ko kinaltasan. The fact that he wasnt able to deduct it from me because I wasnt able to get my May 30 salary because I was "suspended". My officemate which submitted the list gave me a letter instead and informed SSS that I wasnt supposed to be included in the list. "ERRONEOUS INCLUSION" as what they called it. She signed it. SSS didnt accept that and denied my maternity claim. SSS told me that I will be receiving a letter from them but until now, 4 months have passed since my claim, I still have not received any letter.
I know that this is not a huge amount but with the situation Im in right now, I really need it.
I am hoping you can help me on this. I am so confused and getting hopeless.
I find it so unfair that I cant even claim my own money because of some lousy company.
I would really appreciate your help on this.
Thank you very much in advance.
God Bless! Sad

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2 Re: maternity claim on Thu Jan 13, 2011 11:16 am

makisundae


Arresto Menor
pls help me...

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3 Re: maternity claim on Sat Jan 15, 2011 12:27 pm

attyLLL


moderator
i believe you have two possible causes of action, first, i believe you were illegally terminated because there was no basis to terminate you and there was no due process. did you file a resignation letter?

second, it is unlawful not to remit sss contributions, you can report them to the sss. i'm afraid the sss is correct in denying your claim if the contributions were not made.


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4 Re: maternity claim on Wed Feb 23, 2011 12:46 pm

evelyn lazarito


Arresto Menor
My friend wishes to know if she is entitled to a 60 day maternity leave with pay....She has rendered 1 year and 11 months as a permanent government employee...thanks in advance for the reply

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5 Re: maternity claim on Wed Feb 23, 2011 6:18 pm

attyLLL


moderator
i can't claim to know civil service rules. she can inquire at the civil service commission. good luck.


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6 Re: maternity claim on Thu Jan 03, 2013 10:54 am

cindy_07


Arresto Menor
pano po kapag ang company ay sarado na..mag iisang taon n po ang ang aking anak hannggang ngeon wala p ring nbibigay sa kin ung dati kong company ung kailngan kong isubmit sa sss.. pipirmahan n lng hanggang ngeon wala p rin po 2013 na..

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7 Re: maternity claim on Thu Jan 03, 2013 10:56 am

cindy_07


Arresto Menor
hindi ko po alam kung pinpaasa lang po ako..mkukuha ko pa rin po b ung maternity ko n un..ganun po b tlga pag hindi regular sa company di naaasikaso..

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8 Re: maternity claim on Thu Jan 03, 2013 7:54 pm

attyLLL


moderator
you should inquire with the SSS how they handle such a situation


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9 Re: maternity claim on Fri Jan 11, 2013 1:27 am

rockie_15


Arresto Menor
hi. im under preventive suspension due to fraud case sa company namin. i was totally unaware of what happened because i was on leave when the fraud thing happened. im 7 months pregnant and since im so upset about what happened,im thinking of resigning after my re-intatement. my question is,will i still be able to get mymaternity benefits on march if i resigned end of january? thanks.

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10 Re: maternity claim on Fri Jan 11, 2013 11:03 pm

attyLLL


moderator
i am not an expert on sss law, but i think you would still be entitled if your sss contributions are paid after your resignation but of course, thee will be no advance by the employer.


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11 Re: maternity claim on Mon Apr 25, 2016 11:24 am

kcl_uma


Arresto Menor
good day po! please help me!

I have a big problem po with my mat 2 reimbursement. my employer advanced 80% of my maternity based on normal delivery which has small discrepancy with the daily mat allowance based on sss website, they only granted 24 400 to me a month before my leave, 508.55 DAILY ALLOWNCE VERSUS 519.44 FROM SSS. I questioned it but they didn't take any action. just told me they will fix it once i gave birth. i gave birth via CEASEREAN SECTION last dec 9 2015. i passed all the necessary documents last dec 24 2015. they did not process it asap. i found online that it was only settled last feb 9 2016. they only settled the amount they advanced to me which was 24 400 so the sss status of my maternity WAS DECLARED SETTLED. i resigned on feb 13, 2016. i asked what does that mean because it was also stated that my maternity daily allowance was only 319+. i questioned it immediately again but they told me that they will process the remaining. i follow up for my status once again by march but they only told me they will do a payment advice. it was already 3 months. and up to date they told me there was a problem with computation but no clear explanation. i thought because of the daily allowance but when i told them that i will file a complaint they have told me that the PROBLEM WAS THEY FILED THE TOTAL AMOUNT OF 24 400 INSTEAD OF 40K. SO IT WAS REALLY IMPOSSIBLE TO GET THE REMAINING. PLEASE HELP ME. WHAT SHOULD I DO TO GET THE REMAINING P 16K?? THANKS AND GOD BLESS!

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12 Re: maternity claim Today at 10:29 am

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