Maternity Leave

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Maternity leave
Employee Wages and Benefits 2010-02-24
Basis
Maternity leave benefits is found under the Article 133 of the Labor Code and Section 14-A of “Social Security Act of 1997″ (Republic Act No. 8282). Checklist for Availment of Maternity Benefits under Social Security Act The pregnant woman employee must have paid at least three monthly contributions within the 12-month period immediately preceding the semester of her childbirth or miscarriage. She has given the required notification of her pregnancy through her employer if employed, or to the SSS if separated, voluntary or self-employed member. Maternity Leave

Under Article 133(a) of the Labor Code, “Every employer shall grant to any pregnant woman employees who has rendered an aggregate service of at least six months for the last twelve months, 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.” From the above provision, a qualified pregnant woman employee shall be entitled maternity leave of at least two weeks prior to expected date of delivery and another four weeks after normal delivery or abortion. That’s a total of six weeks maternity leave.

(Note: Article 133, particularly provisions pertaining to benefits and procedure for availment, must give way to Social Security Act.) Leave extension
Maternity leave may be extended on account of illness arising out of the pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work. Extended maternity leave is without pay, but may be charged against any unused leave credits. Maternity Benefits under SSS Law

A pregnant woman member of SSS who has paid at least three monthly contributions in the twelve-month period immediately preceding the semester of her childbirth or miscarriage shall be paid a daily maternity benefit. Amount

SSS maternity benefit shall be equivalent to 100% of the pregnant employee’s average daily salary credit for 60 days, or 78 days in case of caesarian delivery. Time of payment
The full payment of maternity benefits shall be advanced by the employer within 30 days from the filing of the maternity leave application. Who makes the payment
The SSS shoulders the payment of maternity benefits. But the procedure is that the payment is to be initially advanced by the employer, subject to immediate reimbursement by SSS.

Checklist for Availment
The pregnant woman employee must have paid at least three monthly contributions within the 12-month period immediately preceding the semester of her childbirth or miscarriage. She has given the required notification of her pregnancy through her employer if employed, or to the SSS if separated, voluntary or self-employed member. “3-monthly Contribution” Illustration

To avail of maternity benefits, the woman employee must have paid at least three monthly contributions within the 12-month period immediately preceding the semester of her childbirth or miscarriage. A semester refers to two consecutive quarters ending in the quarter of contingency; A quarter refers to three consecutive months ending March, June, September or December. To illustrate, assume that the projected date of delivery is March 2010. The semester of childbirth would be from October 2009 to March 2010. This is called the semester of contingency. Count 12 months backwards starting from the month immediately before the semester of contingency, which is September 2009. Hence, the 12-month period immediately preceding the semester of childbirth or miscarriage is from October 2008 to September 2009. To avail of the benefits, the employee must have paid at least 3 monthly contributions during this period. Note that this requirement supersedes Article 133, which requires that the woman employees must have rendered an aggregate service of at least six months for the last twelve months. Valid marriage not required

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