• Maternity leave equivalent to 60-day salary

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    Persida Acosta

    Persida Acosta

    Maternity leave equivalent to 60-day salary

    PERSIDA ACOSTA

    Dear PAO,

    How long is the maternity leave of female employees in the private sector? Are the SSS contributions of employees who are on maternity leave still being paid during their leave?

    JC

    Dear JC,

    Maternity leave is an additional leave given to a female employee who has given birth or has suffered miscarriage. According to Section 14-A of Republic Act No. 8282 otherwise known as the Social Security Act of 1997, 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 leave 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:

    a. That the employee shall have notified her employer of her pregnancy and the probable date of her childbirth, which notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide;

    b.The full payment shall be advanced by the employer within thirty (30) days from the filing of the maternity leave application;

    c. That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits provided by this Act for the same period for which daily maternity benefits have been received;

    d. That the maternity benefits provided under this section shall be paid only for the first four (4) deliveries or miscarriages;

    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

    f. That if an employee member should give birth or suffer miscarriage without the required contributions having been remitted for her by her employer to the SSS, or without the latter having been previously notified by the employer 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.

    The employee who was qualified for maternity leave benefit shall be allowed not to come to work but shall be paid her salary as if she reported to work for the duration of her leave. This being the case, her salary shall still be subjected to all the statutory deductions like taxes, SSS, PhilHealth and PAG-IBIG contributions.

    We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

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