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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » maternity leave inquiry

maternity leave inquiry

3 posters

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1maternity leave inquiry Empty maternity leave inquiry Sat Apr 13, 2013 10:28 am

ihzhel


Arresto Menor

Is a woman who is in a maternity leave considered as self-employed?


Is it supposedly her obligation to shoulder those two months of contribution to SSS?

2maternity leave inquiry Empty Re: maternity leave inquiry Mon Apr 15, 2013 10:22 am

CaseLogic

CaseLogic
Arresto Mayor

You are still employed you are just ON LEAVE. From the word itself.
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.
The full payment of maternity benefits shall be advanced by the employer within 30 days from the filing of the maternity leave application.

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. [i]

3maternity leave inquiry Empty employer's share Wed Apr 17, 2013 4:15 pm

ihzhel


Arresto Menor

Thank you for your reply. But how come when leaving the company, they deducted from my "backpay" the amount that covers even their share, so that amount is multiplied by 2 (pertaining to my 2-month maternity leave) and upon asking for explanation, the HR personnel told me that it is because I was self-employed that time and just to continue my contribution, they paid for it. But I was expecting that I'll only be responsible for my share, but upon seeing it, I shouldered everything.

4maternity leave inquiry Empty Re: maternity leave inquiry Wed Apr 17, 2013 7:06 pm

attyLLL


moderator

leaving? you mean employment was ended?

https://www.facebook.com/BPOEmployeeAdvocate/

5maternity leave inquiry Empty Re: maternity leave inquiry Fri Apr 19, 2013 3:37 pm

ihzhel


Arresto Menor

yes,I resigned 3 months after i got back from my maternity leave. and with my last pay, there I saw all the deductions they have made including all these SSS, Pag-ibig and Philhealth, and my inquiry is, do I really have to shoulder everything, including the employer's share?

6maternity leave inquiry Empty Re: maternity leave inquiry Fri Apr 19, 2013 5:34 pm

CaseLogic

CaseLogic
Arresto Mayor

In my analysis, your employer deducted the contribution for a month.
Kase siguro gusto nila buo.
Halimbawa nagresign ka is alanganin na, say March 15,
Binawasan ka na rin nung pang March 30.

7maternity leave inquiry Empty Re: maternity leave inquiry Fri Apr 19, 2013 5:58 pm

attyLLL


moderator

their obligation to pay for sss is up to the date of your resignation.

https://www.facebook.com/BPOEmployeeAdvocate/

8maternity leave inquiry Empty Re: maternity leave inquiry Sat Apr 20, 2013 12:34 pm

ihzhel


Arresto Menor

no the deduction made was for my 2-month maternity leave. I demanded for an explanation, and their explanation was, I was self-employed during the time I was on my maternity leave.

9maternity leave inquiry Empty Re: maternity leave inquiry Sun Apr 21, 2013 9:25 am

attyLLL


moderator

precisely, you were still an employee until you resigned; therefore they were obligated to pay sss until the date of effectivity of your resignation.

your remedy is to file a complaint at the dole, nlrc or sss

https://www.facebook.com/BPOEmployeeAdvocate/

10maternity leave inquiry Empty Re: maternity leave inquiry Wed Apr 24, 2013 5:57 pm

ihzhel


Arresto Menor

That's why I am planning guys. Thank you for your pieces of advice.

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