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
  1. 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.
  2. 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

  1. 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.
  2. 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.

  1. The semester of childbirth would be from October 2009 to March 2010. This is called the semester of contingency.
  2. Count 12 months backwards starting from the month immediately before the semester of contingency, which is September 2009.
  3. Hence, the 12-month period immediately preceding the semester of childbirth or miscarriage is from October 2008 to September 2009.
  4. 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

Unlike in paternity leave where valid marriage is a requisite for availment, the existence of a valid marriage is not required to avail of maternity leave benefits.

Limitation on Availment

Entitlement to maternity leave under the Labor Code and maternity benefits under the SSS Law applies only for the first four delivery.

Bar to recovery of sickness benefits.

That payment of daily maternity benefits is a bar to the recovery of SSS sickness benefits for the same period for which daily maternity benefits have been received.

Effect of Failure of Employer to Remit Contribution.

If the employer fails to remit the required contributions, or to notify SSS of the time of the pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which said employee member would otherwise have been entitled to.

Tax Treatment of Meternity Benefit

Maternity benefits advanced by employer to employee are excluded from gross income and thus exempt from withholding tax. Under the National Internal Revenue Code (NIRC), all “benefits received from or enjoyed under the Social Security System in accordance with the provisions of Republic Act No. 8282″ shall not be included in gross income and shall be exempt from taxation. (Section 32 [B][6][e], NIRC)

Last Edited: Saturday, November 3, 2012

Caveat: Subsequent court and administrative rulings, or changes to, or repeal of, laws, rules and regulations may have rendered the whole or part of this article inaccurate or obsolete.
absence without leave, maternity benefit, maternity leave, service incentive leave, sick leave, special leave benefit, vacation leave
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328 comments

  1. lou impuesto Comment:
    November 14th, 2012 at 11:50 am

    Hello!

    Good day!

    I am a private employee and an SSS member for more than 10 years now. My query is that how would the SSS maternity benefit computation coincide or reconcile with Article 133 of the Labor Code of the Philippines as stated below especially when the monthly salary of the employee is about PhP32,000 where she can only claim a maximum of PhP30,000 from the SSS maternity benefit for a normal delivery:

    Art. 133.
    Maternity leave benefits.
    1. Every employer shall grant to any pregnant woman employee who has rendered an aggregate service of at least six (6) months for the last twelve (12) months, maternity leave of at least two (2) weeks prior to the expected date of delivery and another four (4) weeks after normal delivery or abortion with full pay based on her regular or average weekly wages. The employer may require from any woman employee applying for maternity leave the production of a medical certificate stating that delivery will probably take place within two weeks.

    2. The maternity leave shall be extended without pay on account of illness medically certified to arise out of the pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work, unless she has earned unused leave credits from which such extended leave may be charged.

    3. The maternity leave provided in this Article shall be paid by the employer only for the first four (4) deliveries by a woman employee after the effectivity of this Code.Your prompt response is greatly appreciated.

    Also, under Section 14-A of the Social Security Act of 1997 (RA No. 8282), it stated that:

    “Section 14-A. Maternity Leave Benefit. – A female member who has
    paid at least three (3) monthly contributions in the twelve-month period
    immediately preceding the semester of her childbirth or miscarriage shall be
    paid a daily maternity benefit equivalent to one hundred percent (100%) of her
    average daily salary credit for sixty (60) days or seventy-eight (78) days in
    case of caesarian delivery, subject to the following conditions:xxx
    “(e) That the SSS shall immediately reimburse the
    employer of one hundred percent (100%) of the amount of maternity benefits
    advanced to the employee by the employer upon receipt of satisfactory proof of
    such payment and legality thereof; and
    xxx”

    Would it mean that the employer would shoulder about PhP30,000 to cover up for 60 days maternity leave since my salary is more than the maximum SSS maternity benefit of PhP30,000 only?

    Looking forward to receive your response on this query.

    Thank you.

    [Reply]

    Annalyn Reply:

    May tatanong lang po sana ako . I work in a private company CS po ako, sa maternity leave without pay po ba ako? Kung without pay po siya at hintayin ko po ang reinbursement ng SSS parang unfair on my part kasi declare lang ng company sa akin 100 per day while yong salary ko is 3oo plus per day parang ang laki ng difference. Ano po ba ang dapat kung gawin?

    [Reply]

    estrella dizon Reply:

    Im on my 5th pregnancy and i am aware that i can no longer avail for SSS benefits…..what i want to know is that if there is a law stating that a pregnant woman on 5th pregnancy can also no longer avail or have a paid maternity leave from the company she is working? because that is my case right now, I supposed to give birth end of this month and submitting my maternity leave request only to find out that I am no longer entitled of it since its’ already my 5th pregnancy, meaning it will be counted as unpaid leave until I get back to work….
    please help…

    [Reply]

    Mye Reply:

    what answer did you get?

    [Reply]

  2. hi! ask k lng wat if di abonohan ng employer ung 2mons n dpt mamakuha s sss pde ba tumanggi ung company s ganun so nid ko wait n ibigay sakin ng sss kng kelan n lng pde?thanks

    [Reply]

  3. hi ask ko lang po if makaka avail po ba ako ng maternity leave if im employed May 2012 till now when my due date is first week of december 2012. My employer dedcuted every month po with my SSS 316.20pesos.

    [Reply]

  4. Hi. My immediate supervisor didn’t inform me that I was already terminated from the company and for this I am looking for a case to file against him. Here’s what happened: I had given him medical certificate issued by my OB that I am not fit to work because I am having a sensitive pregnancy. I was on a Leave of Absence since July this year. When I was texting him he’s not even replying which is very unprofessional. This December, I was informed by one of my colleagues that I am already terminated. If I only knew about this I should have worked on y clearance earlier time to get by backpay before giving birth. I’m afraid I can no longer expedite processing all the requirements to get my maternity benefit at SSS. Kindly advised me what to do. Thanks in advance.

    [Reply]

  5. Dessiree Macapagal Comment:
    December 29th, 2012 at 02:25 am

    August 7 pa po ako nanganak. dapat 39k ung matatangap ko na mat2 pero 24k lng binigay ng employer ko. Tinatanung ko po kung kailan bibigay ung 15k d ako nirereplayan. anu pong gagawin ko?thnks

    [Reply]

  6. hi! my co-worker had miscarriage (5th child)and could no longer avail SSS maternity leave benefit. she was advised by her ob to take 2months rest from work.
    is she entitled for 2months leave with pay from our employer?

    [Reply]

  7. hi! my co-worker had miscarriage (5th child)and could no longer avail SSS maternity leave benefit. she was advised by her ob to take 2months rest from work.
    is she entitled for 2months leave with pay from our employer?

    [Reply]

  8. How do we reconcile the maternity benefit provided by the labor law and that by SSS?

    Labor Law: 2 weeks before delivery, and 4 weeks after delivery. Total 42 days

    SSS: 60 days for normal delivery and 78 days for caesarian delivery.

    Does the above mean that the employee is to receive 42 days with pay from the employer. And for caeisarian delivery an additional, 78 days with pay based on SSS salary credit.

    For example: For an employee earning Php 14,500/month with work from Mon to Fri, @ a daily rate of Php 659.09/day.

    The 42 days with pay will be equivalent to Php 27,681.82.

    While the 78 days as per SSS benefit @ Php 483.33 salary credit will be equivalent to Php 37,700.

    Thanks in advance for your reply.

    [Reply]

  9. How does the maternity leave/benefit work in my case? Here is my case.
    I was a private employee. I gave birth during my probationary period and my employer did not grant my request for leave because I also did not meet the condition with regards to SSS contribution forthe benefit. I went back to work 1 week after giving birth and since then have been having issues with my health, dysfunctional uterine bleeding and such gynecological disorders. I was regularized but got dismissed because of my absences.

    [Reply]

  10. Hi, I’m due in 4 weeks. This is my third pregnancy and my doctor requires a C-section due to previous medical history. I understand that i have up to 78 days SSS maternity leave of which i would receive P39,000 max for the entire period.
    This means that i would only have half of my normal income to support me and my family for a period of 78 days. I understand the limitations of the SSS benefits; however, i do have leave and day-off credits from 2012/Q1 2013 which will expire in 1-2 months (no, they are not convertible to cash) that would cover 1 month’s worth of work… Question: Under the law, can i use the leave credits during my maternity (rather than lose them altogether) AND still get my full SSS benefits?

    Thank you!

    [Reply]

  11. if someone takes her maternity leave does she entitle to receive her monthly salary aside from the reimbursement from SSS?and how much should they be exactly receive from SSS if their salary is 8,000?..because this issue was not properly explained to us ..and when my wife gave birth. she was just given 1 month to have her maternity leave..

    [Reply]

    jhelai Reply:

    thats also my question.. i gave birth last may 28, 2013.. i only receive 75% of my maternity leave my employer said that i will receive the another 25% when i forward them the mat2 and thats ok for me. my question is im 2 months leave.. should my company pay me for my 2 months salary aside from the amount i receive from sss? because i didnt receive any salary after i gave brith.. hoping for your reply. thanks in advance

    [Reply]

  12. Can I have a 78 day maternity leave since i’m having a tubal ligation right after my delivery?

    [Reply]

  13. marife c. mendones Comment:
    April 11th, 2013 at 10:48 am

    I gave birth last december 21,2012. Then i filed Maternity reimbursement form january 29,2013..then when i inquire at sssb the status of my maternity reimbursement was settled claim, february 25, 2013 settlement date. But untill now my employer dosnt recieved the maternity reimbursement cheque.. Paanu po neangyari un n settled claim n??.. Is there an inside job at sss??..

    [Reply]

    wowie quiano Reply:

    hi….did you file mat 1 before you gave birth?

    [Reply]

  14. michelle paraon Comment:
    April 18th, 2013 at 06:37 pm

    good day..government employee ako..ask ko lang kung makakapagavail ako ng maternity leave kahit na ung ama ng dinadala ko ay hindi sa legal husband ko?thanks..

    [Reply]

    yetski Reply:

    wala naman atang kinalaman yung ama ng pinagbubuntis mo sa maternity leave benifits mo sa SSS. kahit sino pa ang tatay nyan pwede ka pa rin mag avail ng MatLeave hanggang apat na beses (4 na panganganak).

    [Reply]

  15. Can I still avail Maternity benefits even after 4 years of giving birth on my first child?
    I gave birth on my first child July2008,before I got pregnant I was working already,which I started August2007 until January2008,I went on AWOOL on January2008 and already paying my SSS contributions. I didn’t file ML on my first child.
    Last Februaru2012,I gave birth on my second child and I was able to avail my ML and I got almost Php30K.I started working April
    Someone told me that I can still file or avail my Maternity benefits on my first child within 10 years after I gave birth last July2008. Is this true? Does anyone know the process?Please help.

    [Reply]

  16. Hi, Goo day!. I want to ask if i still can avail my maternity benefits for my 2nd child even i was resigned for almost 2 years on my last employer but i was SSS member for 15 years more… Ano po ba tamang proseso? Pano po ba ang computation at magkano po makukuha ko? Thanks….

    [Reply]

  17. i’m working at private college school and we are required to work every Saturday from 8:00am to 12:00nn.Our rest day is only halfday on Saturday & wholeday on Sunday,our HR Director said that if you are working in educational institution you have to report halfday on Saturday, do they have basis for this reason?thank you.

    [Reply]

  18. How do we reconcile the maternity benefit provided by the labor law and that by SSS?
    Labor Law: 2 weeks before delivery, and 4 weeks after delivery. Total 42 days
    SSS: 60 days for normal delivery and 78 days for caesarian delivery.
    Does the above mean that the employee is to receive 42 days with pay from the employer. And for caeisarian delivery an additional, 78 days with pay based on SSS salary credit.
    For example: For an employee earning Php 14,500/month with work from Mon to Fri, @ a daily rate of Php 659.09/day.
    The 42 days with pay will be equivalent to Php 27,681.82.
    While the 78 days as per SSS benefit @ Php 483.33 salary credit will be equivalent to Php 37,700.
    Thanks in advance for your reply.

    [Reply]

  19. REGARDING AVERAGE DAILY SALARY CREDIT

    Tulong lang po ako magclarify. Ang pagcompute po ng maternity benefit ay based sa MONTHLY SALARY CREDIT na nakalagay sa schedule of contributions ng sss (http://www.sss.gov.ph/sss/printversion.jsp?id=111&file=regi_contrib_table.html) at HINDI BASED SA ACTUAL SALARY NA NATATANGGAP NATIN.
    For example, ang monthly contribution mo (including employer share) ay P1560, ang equivalent monthly salary credit po nyan ay P15000, yan po ang maximum. So hindi po sya kagaya ng akala natin na kung 30k ang monthly sweldo mo eh ididivide mo sa 30 un, tapos imumultiply sa 60 para makuha ang total na P60k maternity benefit kung normal. Hindi po ganun. P15k po ang maximum regardless kung mas mataas pa ang sweldo mo, so ang gagawin natin is idivide yan by 30 to get the average daily salary credit, w/c is P500, tapos yan po ang imumultiply natin sa 60 or 78 days kung normal or CS.

    [Reply]

  20. rochelle ca-andi Comment:
    June 8th, 2013 at 11:22 am

    ask k lang po kung me posibility p n makakuha ako ng sss maternity benefits k..nag file po ako ng indefinite leave since september 14,2012 until now d p po ako bumabalik s trabaho.nagtrabaho ako s isang English Academy for Koreans (from January 3, 2011-September 14,2012 as an ESL teacher).hindi po nila hinulugan ang sss k at wala dn po silang ikinalatas s akin since nagtrabaho ako s kanila.nagfile p kami ng kaso laban s employer namin for not paying our sss contribution(last September 2012,then this February I tried to follow up the case until now pero la pa rin pong linaw ang kaso.Manganganak n po ako ngaung buwan(June) pero d p rn malinaw s akin kung makakaavail p ako ng maternity benefits k.2012 contribution po ang kailangan para maapprove ang maternity k.un p ang hinahabol k s employer k 2011-2012 contribution..me pag-asa p po ba na makakauha ako ang maternity benefits?

    [Reply]

  21. ask lang po normal delivery ako..tapos yung employer ko binigay na yung full sss maternity benefit good for 60 days..then i decided to return to work before my 60 days/maternity leave ends,babayaran ba ng employer ko yung ipinasok ko?

    [Reply]

    admin Reply:

    Assuming you are already fit to work and decided to cut short your maternity leave, you should be paid your salary for your work. You don’t have to refund your maternity benefit.

    [Reply]

    wyne Reply:

    can i ask for a a link or website indicating this law.. thanks in advance.

    [Reply]

  22. hi i need help,what if i return to work before my maternity leave ends? babayaran ba ng employer ko yung ipinasok ko ngayon? even if nakuha ko na yung sss maternity benefit ko bago pa ko magleave. pls reply asap.

    [Reply]

  23. I have question po.. im currently working in private company BPO i advised my employer that im pregnant when i was 5months pregnant march 26,2013 jve submit all the necessary docs to file my mat1, i just gave birth june 09 2013 but until now i still dont recieve the initial reimbursement by my company . Pwede ba akong magfile ng case sa labor about this? Kasi as far as i know the employer should advance the reimbursement first 1month before the due date. Pero hanggang ngayon wala p din.. i just need some advise cause i dont know where to start if i will file a case against my company. Thanks more power looking forward to your reply

    [Reply]

  24. Hello private employee po ask q lang po kung magkaiba b yung matatanggap q s employer q n maternity leave benifits and ung s sss? kasi nagtanong ako s mga katrabaho ko n wala dw mkukuha s company.. kundi ung sss lamang. Thanks.

    [Reply]

    jp Reply:

    yah yung sss lang matatanggap mo which the employer will advance to you.

    [Reply]

  25. Hello private employee po ask q lang po kung magkaiba b yung matatanggap q s employer q n maternity leave benifits and ung s sss? kasi nagtanong ako s mga katrabaho ko n wala dw mkukuha s company.. kundi ung sss lamang. Thanks. waiting for your response.

    [Reply]

  26. margieree Comment:
    June 17th, 2013 at 09:50 pm

    Ask ko lang po kung may makukuha pa ako na sss benefits eh nanganak na ako at 1taon na anak ko. Thanks

    [Reply]

  27. hi..i was supposed to be 10 wiks pregnant and suddenly had a miscarriage..hindi pa ako nkapgnotify na pregnant ako makakakuha ba ako ng sss maternity benefit?

    [Reply]

  28. good day i am marlen< ask ko lang po it's my 5th pregnancy,ayon nga po sa availment ng maternity leave it applies only to the first four deliveries, eh papaano nman po kung never ko pang nagamit sa apat na anak ko yung sss maternity ko?meron po bang ibang option na magamit yung sss ko para makatulong nman sa hospital bills ko kahit papano? this month na din po kasi ang due ko.

    [Reply]

  29. Hi!

    Is the employee which is under maternity benefit required to pay their corresponding sss contribution employee and employer during the days of maternity benefit which she was not earning any salary.

    [Reply]

  30. Pearl Grijaldo Comment:
    July 15th, 2013 at 03:41 pm

    Hi, I got miscarriage last April for 10 weeks, i have filed everything to my employer a week after my operation for my maternity benefit but unfortunately until now my sss maternity benefit is not yet given. Is there anyone from Labor can help me about this issue. Its alomost 3 months when I have provided all the required forms to sss thru my employer but still i failed to get a positive outcome for this. Thank you.

    [Reply]

  31. regina velasco aranillo Comment:
    July 17th, 2013 at 04:30 pm

    ask ko lang po mag kano po dapat makuha ko sa sss maternity ako po ay regular employee for 15 yrs ang daily rate ko ay 387. thanks po

    [Reply]

    regina velasco aranillo Reply:

    ask ko lang po mag kano po dapat makuha ko sa sss maternity ako po ay regular employee for 15 yrs ang daily rate ko ay 387. thanks po

    [Reply]

  32. bakit po ganun ndi b dapat bayad p din ng company un leave q kc ung s sss naman eh binabayaran nmn talaga ng lahat ng empleyado un kinakaltas s sweldo.. :(

    [Reply]

  33. There is no Republic act or circular which mandates that the employer is required too pay your leave of absent during your maternity leave it depend upon the company they can pay you if they want or nothing at all.

    [Reply]

  34. hi,

    i would like to verify my current status, I have been employed last October and got pregnant last January 2013, i am now a regular employee since april, i file my mat1 with our hr last may, it was received by SSS last May 30, 2013.
    background our company, it offers maternity benefit and they say that i have another option during my 2 months leave instead of getting reimbursement from sss, i will continue to receive my monthly salary every 15th and 30th of the month during leave but this is subject to tax.
    i ask them why they cant advanced the SSS maternity benefit, it because i filed the mat1 only last may2013, eventhough my due date in on september16 2013.

    please advise.

    thanks

    [Reply]

  35. hi, until how many months can a pregnant woman avail the maternity leave? is it true that if you’re already on 5 months up you can’t avail the mat leave anymore? pls reply.

    [Reply]

    Kris Reply:

    Hi. I filed my Maternity notification when I was already 6 mos pregnant and I still availed the Maternity benefits. What I know is that you are only required to notify SSS of your pregnancy at least 1 month before due date :)

    [Reply]

    mowie Reply:

    what if di ka nkpagnotify?like nging omplicated kasi s family issue wherein dapat mgresign na ko then ngstay p din ako s company tpos bnigyan nila ko mat leave ng wlang bayad. tnry ihabol s sss pinagpass ako ng notaized letter then pgcheck ko s online account ko ng sss denied na xa for wrong encoding?

    [Reply]

  36. april apostadero Comment:
    August 8th, 2013 at 10:21 am

    im former working from new ideas verbalize inc start ng hulog sakin ng sss nung last october 2012.. nag resign ako march 20 2013… kaso hindi na nahulugan ng company yung march kaya nag file ako ng voluntary and at the same time ng maternity notification last april 18 2013 na receive nman nila kasi daw july ako manganganak. ang problem po ay napaaga ang paglabas ng baby june 27 2013 ako nanganak, and then nagpunta ako sa sss ang sabi sa akin hindi daw ako makakakuha ng reimbursement kasi june ako nanganak…. 3 days nlng july na …. is there any way para makapag claim ako ng reimbursement?

    [Reply]

  37. celeste ria catacutan Comment:
    August 8th, 2013 at 11:04 am

    Hi,

    beforehand, what i wanted is to to file my maternity at least 2 mos early so that before i go on leave i already have the reimbursement. But since i continue to report for work i will continue to receive my regular salary as well. but then our hr prevented me fr filing early coz as she said processing of maternity will only be done upon my leave. due to my work load i continue to report until 3 days prior to my due date which means will give birth anytime but my maternity benefit just started too be processed after my last day at work. Is it true that maternity benefit cannot be filed in advance and can’t reimburse be paid even if still eporting for work?

    [Reply]

  38. karresign ko lng sa company na pinagtrabahuan ko last June 14,2013. Just today (August 9) nalaman ko na I am two months pregnant..Kung iccontinue ko yung contribution ko as self-employed makakuha pa kaya ako ng maternity benefits pagkapanganak ko? Last contribution ng company nung May 2013 (nka 54 months contribution na ako all in all sa SSS). Need to know the answer ASAP

    [Reply]

    marj Reply:

    hi, in my first pregnancy, i was able to notify my employer of my pregnancy, and when im on my 4th month, i had to resign due to some difficulties in pregnancy. i also thought that since i got separated from work before i gave birth, i won’t be able to avail any maternity benefit. I visited SSS and checked with them, i gave birth on march 2011 and was able to avail of mat benefit on september 2011. i just submitted a document coming from my previous employer that they did not give any advanced payment for my mat benefit. surprisingl;y, i was able to receive P27,000.

    [Reply]

  39. Princess Plotria Comment:
    August 14th, 2013 at 06:53 am

    Hi! I’m a private employee and is now pregnant. This is my 6th pregnancy but I was able to claim my maternity benefit ONLY on my fourth pregnancy. Since SSS only accepts up to 4 deliveries will be paid by my company for the days that I’ll be on leave after I gave birth? Or can I get an exemption since I never used my maternity benefit during my prior pregnancies?

    [Reply]

  40. Hi good evening! I just want to ask about my case. My EDD will be on Nov.9, 2013 when i just found out from my previous company for almost 3 years that they didn’t pay from Nov.2012 until May 2013. I started here in my current job from June 2013 and i will file a leave on Oct.15, 2013. I can’t see any problem with my current company cause they are paying on time. But the problem is can i still avail philhealth benifit? If not what shall i do?… Please let me know what to do po and i will truly appreciate it. Thank you so much!

    [Reply]

  41. Gusto ko makuha maternity binigyan ako ng form afidavit na close na ung company kaso kailangan pa ng sign ng mayari ng company kaso nagtatago kahit ano txt o tawag ko wala kahit kapatid nya d alam asan sya..my iba pa bang way..

    [Reply]

  42. hi! I’m still employed on a private employer, i wanna ask if i can avail a member salary loan if i have posted 36 months contribution? but i’m 3 months pregnant now, can still i have the maternity benefit? my due date is next year march 2014. i wanna do the same. is this possible? i’m planning to submit salary loan form and maternity notification to my employer for the same period of time. can i do both? does will affect on my maternity benefit? i have no idea..

    [Reply]

    mowie Reply:

    what if di ka nkpagnotify?like nging omplicated kasi s family issue wherein dapat mgresign na ko then ngstay p din ako s company tpos bnigyan nila ko mat leave ng wlang bayad. tnry ihabol s sss pinagpass ako ng notaized letter then pgcheck ko s online account ko ng sss denied na xa for wrong encoding?

    [Reply]

  43. Hi, I’m 7 months pregnant and my EDD is on Oct. 29. I’m just confuse about the maternity benefit and maternity leave. Is maternity leave, with or without pay?

    [Reply]

  44. im confused, my collegues received (3) three more pay outs after the effectivity of their mat leaves, aside from the sss benefit .but in my case, i didnt rcv anything.i went to the hr, they told me that the sss benefit i received is the is already my maternity leave pay..i checked the ariticle 8282, it says that the employer should allow 2weeks and another month for mat leave with pay..please, is mat leave same with sss mat benefit? i think not, for mat leave is total to 45days,but with sss, its 78days for cs..please, i’ll look forward for your reply.thanks.

    [Reply]

  45. maternity leave and sss maternity benefit is the same?

    [Reply]

  46. my collgue filed her met leave may 6,2013. she rvcd a pay may 13,2013 full amount.and again rvcd another full amount pay may 29,2013..my mat leave was june 1,2013, i didnt rcv any pay last june 13,29 and july 13 supposetedly..i have also 2 more co-workers, they rcvd 3 salaries after they filed their mat leaves.and got the sss maternity benefit as well

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  47. Hi. I filed my SSS notification when I was already 6 mos pregnant (I was ineligible months before because I just got my regular job after half a year of doing freelance work). They accepted it and I availed of my maternity benefits. What I know is that they only require pregnant women to notify them at least a month before the expected date of delivery. Hope this helps. :)

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  48. Hi,

    Naging member po ako ng sss last year lang in June 2012, pero nalaman ko na hindi po pla nkapagremit ng contribution ang previous employer ko -(di na po ako connected dun ngaun sa company).This january 2013 lng tlaga ako sure na ngreremit ng contribution ang new employer ko,ang question ko po is,qualified po ba ako sa maternity benefits ng sss if my due date is on Nov 2013? Or pwd ko pa ba ihabol ang contribution ko for last year? And how about po sa Philhealth,same issue din po?Thank you

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  49. ilang days ko p po b pwede mkuha ang maternity benefits ko after filling all the form mat1 and mat2,

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  50. jessielyn ferrer Comment:
    September 9th, 2013 at 06:19 pm

    Hi,ask ko lng po this scenario, what if nagfile po ako ng Maternity leave s company ko then my employer forget to pass my maternity leave s sss. i passed it last august 6, now i follow up s company at wala daw sila record,for short na misplaced po nila

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  51. Good day!! SSS states that the benefits for thr maternity leave is applicable only upto the 4th pregnancy…i am on my 5th pregnancy but i only received maternity benefits on my 2nd pregnancy because i was not yet a member when i gave birth to my 1st child…my workplace claims that my benefit is already forfeited…

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  52. its been 1mos since i delivered my first baby, and i resigned on my 3rd month of my pregnancy. Am i qualified if my last contribution is january 2013?

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  53. what if di ka nkpagnotify?ngtry ang company ko ifile pa din with notarized letter of apology pero denied for wrong encoding. “failed to notify ang nkalagay”mahahabol ko pa ba un o against sakin un?

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  54. Good day! Emleyado po ako sa private office for 7yrs. ask ko lang po, hindi kasi ako naka pag file agad ng sss notification that time dahil nakunan na po ako..makaka avail pa po ba ako ng sss reimbursement ngayon na submit ko na po lahat ng requirements for sss? Hindi rin po ba nag bibigay ng sahod ang Companya na naka maternity leave? Wala po kasi ako natanggap na sahod isang buwan at kalahati na po..Thank You!

    [Reply]

  55. Hi!
    Empleyado po ako sa private company, Ask ko lang po kung makaka avail po ako ng maternity benefits?, hindi po ako agad nka pag file ng maternity notification, 5weeks plang po ang pinag bubuntis ko nun na D&C po ako dahil nakunan po ako, ngayon po na ayos kuna po ang lahat ng requirement at na pasa ko na po sa H.R namin.. Ganun po ba pag naka maternity leave walang sahod na nakukuha from company? Wala kasi akong na tanggap almost one in a half months po kasi..Thank You! God bless..

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  56. For the 60/78 days maternity peave what if there are holidays within the said leave dates will the matleave be extended depending on the # of holiday dates it overlaps? I started Matleave on Aug24, CS delivery. Holidays – Aug26, Nov1&2, should i have an extended 3days matleave? Thanks!

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  57. paano po malalaman kung available na yung cheke ko..kasi po di matawagan ang mga call center ng sss.mga 2 week na po kasi,..bali separated na po sa employer..y

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  58. Hi. Cesarean section po ko, pinayagan at binigyan po ko ng doctor ko ng fit to work since I request for it. 15k pa lang po yung binibigay ng employer ko, yung kulang na 24k ay ibibigay after kong maipasa yung needed requirements. Mababawasan po ba yung sss benefit ko na 39k since I will return to work before my maternity leave ends? Thank you po.

    [Reply]

  59. good day i am a private employee i already filed sss notification that i am pregnant in our office, but after 3 mos. got miscarriage my ob gave me only 15 days. my question is can i avail the 60 days maternity leave of sss kahit 15 days lang ang binigay ng doctor? hoping for immediate response. thank you very much

    [Reply]

  60. . angelica padin Comment:
    October 22nd, 2013 at 01:34 pm

    can i ask,pwed pa po ba aq mgavail ng maternity benefits kahit 3 months old na po baby q,.july 15 2013 po aq nanganak,.and then nghulog po aq ng sss august september october 2012,ng resign po aq sa work october 2012 and i got pregnant november. thank you po

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  61. d po me nkpagfile ng MAT 1 kc 2 months plang po.namiscarraige po pd po b maclaim deretso MAT2 together with hospital history at ung proof n pregnant me…pls nid ur response thanks

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  62. may question po ako.. if i’ve been hired just last june 17, and i’ve got pregnant on the month of september, does it mean na hindi ako pwede mag-avail ng maternity loan ? please need response thankyou :)

    [Reply]

  63. Iam a newly permanent public teacher. My first day of duty. Was May15,2013. My maternity leave started oct 16,2013 though my cs operation was oct.14,2013. In my two months leave, only one month was paid,and my nov leave is not payable accrdg.to cal.division office.why ita like that?

    [Reply]

  64. ask ko lang po.. na received ko po sa employer ung 30,000 maternity advance 1month prior ako manganak. after i gave birth, ni recover din po nila ito. it was deducted from my salary . ganun po ba yun, parang loan po kasi yung nangyari.. pls reply tnx

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  65. pwede p ba aqo mag file ng maternity loan..kht 6 mont n qo nkaanak.

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  66. please nid responce thank u..tnong qo lng kng pwede b qo mag file ng maternity loan kht 6 monts n qo nkaanak

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  67. Rachel Masin Comment:
    December 3rd, 2013 at 01:57 pm

    Hi po,private employee po ako.Ang contribution ko po ay from March to Nov.,2013 kc hindi ko pa po alam kung na bayaran na ng company ang for the month of December.This month of December po ako manganganak.Makaka avail na po ba ako sa maternity benefits?Kasi may MAT-1 na rin po ako at na receive na rin po ng SSS at nasa akin na po ang MAT-1 ko.I just wanna make sure if i can really avail the maternity benefits,because i already have the MAT-1 stamp with the SSS.

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  68. Good pm. I’m nine months pregnant and can give birth anytime. I’m a private school teacher. This is my 3rd child. During my first two kids, summer vacation po ako nanganak. I was able to get my SSS maternity benefit na 30K and the summer vacation salary from the school. Now, I will give birth during Christmas vacation. Ang sabi po sa akin ng HR, wala daw ako matatanggap na salary during the christmas break. Ano po ba talaga ang rule sa maternity pay sa Private school kasi sa public with pay din khit long vacation natapat ang pangaganak.

    [Reply]

  69. Donna A. Salva Comment:
    December 14th, 2013 at 10:54 pm

    Gud day…i am a public school teacher…i was diagnosed to have a dilated common bile duct and was then advised for an immediate surgical operation…my gallbladder will also be remove because of gallstones…am i entitled of a 2 month leave with pay?tnx and may God guide and bless us always…

    [Reply]

  70. Donna A. Salva Comment:
    December 14th, 2013 at 10:56 pm

    Good day…i am a public school teacher…i was diagnosed to have a dilated common bile duct and was then advised for an immediate surgical operation…my gallbladder will also be remove because of gallstones…am i entitled of a 2 month leave with pay?tnx and may God guide and bless us always

    [Reply]

  71. hi good am po, ask ko lang po if my makukuha kaya ako sa panganganak ko.. due date ko po is june 2014, nkapagsubmit nrin naman ako ng mat1 ko lastyear. Pero tinitingnan ko ung posting s sss ko is jan. to may lng p lng..ung june to dec.2013 wala pa pero sbi ng employer ko ngbbyad naman dw po cla s sss monthly,then ang last posting ng byad nila is last year sept.2013….
    my receipt nman daw po clang hawak..me makukuha kya ako nun base s hulog ko n nka post jan-may 2013…or kelangan buong last year complete sya..slamat po … sana mreplyan nyo ko asap..

    [Reply]

    James Reply:

    ang magiging basis lang ng computation mo for your sss maternity benefit is from January 2013 to June 2013 kung yun lang ang may posting. Kasi supposedly ang basis ng computation mo ay kung ano yung anim na pinakamataas na monthly contribution mo from January to December 2013.

    Hindi kasi enough na may resibo ang company mo. Given na monthly sila nagbabayad ng contribution nyo, dapat updated din ang posting nila sa sss. Ito yung list ng employees and their corresponding contribution. Tanong mo sa employer mo.

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  72. From this day forth, I will try to address your queries regarding this matter so I can help. Post nyo lang po.

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  73. Good day po… Ask ko lang sana, sakaling di ko tinapos ang maternity leave ko kasi feel kong fit na ulit ako magtrabaho, then ok naman ang employer ko, obligado po ba ang employer kong bigyan ako ng sahod kahit nabigyan na ako ng advanced salary because of my SSS benefit? Salamat po sa reply…

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  74. Hi! Good evening…i am a member of sss for more than 5 years now. I quit my job and so my cntributions stopped. I recenlty paid as voluntary member december 2013. This month i coudnt pay because i still need to go to sss to have my contributions updated. I am pregnant and i havent notified Sss yet. Can i expect maternity benefits from sss? My expected due dtate will be on the first week of june…is it too late to fill out mat-1?. As far as i can remember when i was still working my employer used the highest bracket for sss cntribution so more or less i have contributed more than 70K with sss.

    For the month of january can inpay it next mont? I have not gone to Sss office yet because its too far from our province.

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  75. hi good am, ask ko lang nagfile na ako for maternity benefits, pano po pag hindi na ako bumalik sa work, mkukuha ko pa din ba yung benefits ko?5

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  76. Khate Lancel Comment:
    February 21st, 2014 at 04:17 pm

    hello po goodday… ask ko lng po kase nagfile ako ng reimbursement after kong manganak february nanganak po ako december. Nag-ask po ako kung pwede maadvance ung payment ng maternity ko pero ang sabi is hindi dw po sila ngaadvance pero nkita ko nga po ung labor code na ito….. ano po ang gagawin ko.

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  77. hi goodday po. paano po ba gagawin ko para magamit ko ung maternity benefits ko. kahit po ndi nako nagwowork sa company ko last september 2013 pa.
    pakiexplain naman po sakin thanks for your reply’,.

    [Reply]

  78. i got hired in a private compny on august 24,2012.got pregnant october 2012.i need to be in an early maternity leave on april but deivered my baby in july 20,2013.they asked me to go back to work in august and i undergone caesarian section.and also this is my 5th baby.shuould i file a complain against the company bec of requiring me to work after just a month of having the cs for delivery?

    [Reply]

  79. allan silot Comment:
    March 13th, 2014 at 01:01 pm

    yong leave-in partner hinihingian sya ng SSS ng L501 from previous employer., ngayon po ayaw syang bigyan ng L501 ng previous company nya., maari po ba kaming mag file ng case sa previous company nya., if kung yes what kind of case po., o kaya po pwede po ba kaming magreklamo sa SSS.,

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  80. Hi! I just resigned on my prev work after giving birth last novemeber, and upon submitting all the requirements for my sss maternity (after giving birth), I failed to submit the birth certificate of my child thats why my employer didnt pass the other requirements to sss. I am now hired again to my new employer, is there an effect that my sss benefits received last year will be transferred to the expense of my current employer. By the way I already submitted the incomplete requirement but they said that it will take 2months for the sss to process it. please help.

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  81. Hi! I’m due next month, I work in a call center company, I work as an auditor checking call center agents processes, lets just say I work under quality team for the agents. My issue is, my employer told me that once I got back from my leave, I will no longer work on my current post. As they need to find a replacement and I will be force to go back as being an agent. I just want to know if my employer can do this, or does the law says something about this. I work hard to be at my current post, I just find it unfair and discriminating. I’ll appreciate your help.

    [Reply]

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  1. [...] leave is a form of parental leave. The other form of parental leave is the Maternity Leave. (See Maternity Leave) Paternity leave refers to the benefits granted to a married male employee in the private and [...]

  2. [...] Maternity leave | Philippine Labor Laws [...]