According
to the Labor Code of the Philippines, every pregnant female employee is
entitled to maternity leave. This is however integrated and provided through
the maternity benefit of the social security system enacted through
Republic Act No. 8282. Under SSS maternity benefit, a pregnant female member
who has contributed at least 3 months in the 12 months period immediately
preceding her childbirth or miscarriage shall be entitled to 60 days of paid maternity leave benefit for
normal delivery or 78
days of paid maternity leave benefit for cesarean delivery.
Maternity leave benefit is only given to the first 4 deliveries or miscarriages of
the said member. She must have given the required notification to the SSS
through her employer.
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 employee’s thirteenth -month pay for the calendar
year.
Notes: The
law mandates the employer to release the full benefit amount in advance but it looks like some companies use the following procedure:
● The
employee notifies the employer;
● The
employer give notification to SSS with required documents;
● The employer release around 50% of total estimated
benefit amount when she go on a leave;
● Upon
return of the employee, employer file full benefit request to SSS with required
documents;
● Upon
receiving check from SSS, the employer release the balance to the employee;
Reimbursing from SSS sometimes takes more than two (2) months.