Redundancy and Maternity Benefit

Hi, thanks for this great site. Very informative. I have a very unique case. I filed my maternity notification with my employer immediately after I found out of my pregnancy. They advanced me my maternity benefit of 30k. I gave birth on June 08, 2013. SSS returned my child's birth cert as they needed the one signed by the civil registry and because a name change would need to be processed since I also got married on April 2013. I was able to comply with d requirements. I saw my name change and marital status reflected on my SSS Online on December 2013 still. I was redundiated and my last day with the company was March 8, 2014. I was surprised when they informed me that they will be deducting the 30k advanced maternity benefit out of my final pay. The reason for was that SSS has not reimbursed them the money. I asked further why SSS has not reimbursed it yet only to find out that they just passed the documents over to SSS on March 28, 2014 when I was not even with the company anymore. So, ok, they deducted the 30k. I took the first half of my final pay on April 22 and came to an agreement with the HR manager and accounting dept that they will just write me another check once SSS has settled it with them. So I patiently waited and I saw on my SSS online that the maternity claim has been settled on May 21st. It already has a check #. So I called them up and even emailed them the screenshot of my SSS online for proof. The HR manager assured me they will be writing a check as soon as possible so I waited for a few weeks more and at last the HR Manager told emailed me informing that the money has been deposited in my bank account. I waited several days but no money ever came in so I opted to call their accounting dept on May 29 to check when the money will be available. To my surprise and dismay I was told that nothing has been deposited yet as they are still waiting for SSS to deposit the money into their company account. They told me it would normally be deposited 10 days after the payment slip date, which is in my case May 21st. Ok, so I waited and up to now they are telling me they don't havebit yet. I am waiting until now and is currently very frustrated coz of what they're doing to me. I am actually thinking of sueing them and filing a money claim with damages. I hope you can give me a piece of advice on what to do next. Thanks!

just follow it up.. if SSS has already paid them.. then they should forward payment to you. Otherwise, you can go to SSS and file a complaint.

Hi,

A related question.

I am confused now on what Maternity benefit really is.
Based on article 133 its 100% of salary but SSS only gives a maximum of 30000 for normal delivery.
Is the employer required to pay the difference of the salary of the employee is bigger than what SSS gives? The employee that I am referring to receives 40,000 a month.

I was expecting she will get 80000 total for 60 days either from SSS, her employer or a combination of both.

Thank you in advance.

Bobots wrote:Hi,

A related question.

I am confused now on what Maternity benefit really is.
Based on article 133 its 100% of salary but SSS only gives a maximum of 30000 for normal delivery.
Is the employer required to pay the difference of the salary of the employee is bigger than what SSS gives? The employee that I am referring to receives 40,000 a month.

I was expecting she will get 80000 total for 60 days either from SSS, her employer or a combination of both.

Thank you in advance.

It's 100% of salary credit based on the table of contributions, not actual salary of the employee.

No additional payment is to be given by the employer unless it is in their contract or policy.

As per their website -

The maternity benefit is equivalent to 100 per cent of the member’s average daily salary credit multiplied by 60 days for normal delivery or miscarriage, 78 days for caesarean section delivery.

Thanks for all your reply guys, I guess I won't be filing a case anymore. I just received an email from them informing me they'll be crediting the SSS maternity benefit into my payroll account with them today at 6PM. I just really hope and I'm crossing my fingers that this is really it, coz they already made "paasa" before when they told me the same thing.

Hi christinavedia,

Its a merely false promises you are experiencing now.

alexisbantilan wrote:Hi christinavedia,

Its a merely false promises you are experiencing now.

Guess what? They did not deposit my money.
Do you guys think I should file a case with NLRC now? Money claim + damages? They are making a fool out of me.