MATERNITY LEAVE PAY/BENEFITS

A colleague of mine needs assistance regarding her deserved maternity pay/benefits.

I have researched Labor Code Art 133 and R.A. 8282 (a.k.a. Social Security Act) Sec. 14-A.

Please enlighten me:

- since these are two different laws covering wages and social security benefits, does it mean that my colleague MUST receive 100% of her regular or average weekly wages from our employer AND a daily maternity benefit equivalent to 100% of her average daily salary credit for 60 days (as she will be under normal delivery); or are these two laws one and the same, meaning she will just receive the provision once?

I would like to request for citations (as recent as possible) of cases that were resolved in court to corroborate these laws to be presented to the complainant and our General Manager.

Thank you very much for your help!

intoydagr8 wrote:A colleague of mine needs assistance regarding her deserved maternity pay/benefits.

I have researched Labor Code Art 133 and R.A. 8282 (a.k.a. Social Security Act) Sec. 14-A.

Please enlighten me:

    - since these are two different laws covering wages and social security benefits, does it mean that my colleague MUST receive 100% of her regular or average weekly wages from our employer AND a daily maternity benefit equivalent to 100% of her average daily salary credit for 60 days (as she will be under normal delivery); or are these two laws one and the same, meaning she will just receive the provision once?

I would like to request for citations (as recent as possible) of cases that were resolved in court to corroborate these laws to be presented to the complainant and our General Manager.

Thank you very much for your help!

The Repealing Clause of RA 8282 effectively consolidates the SSS benefit to only one - that of the later one, the SSA.

SEC. 3. Repealing Clause.!"!All laws, proclamations, executive orders, rules and regulations or parts
thereof inconsistent with this Act are hereby repealed, modified or amended accordingly: Provided, That
no person shall be deemed to be vested with any property or other right by virtue of the enactment or
operation of this Act.

Thank you, sir for your answer. Next question:

She got pregnant in September last year. She got promoted, with which, she got a salary increase, in January.

Which salary shall be followed in her benefits? the salary when she conceived, or the salary effective whilst she gives birth?

Do we have any laws covering this matter?

intoydagr8 wrote:Thank you, sir for your answer. Next question:

She got pregnant in September last year. She got promoted, with which, she got a salary increase, in January.

Which salary shall be followed in her benefits? the salary when she conceived, or the salary effective whilst she gives birth?

Do we have any laws covering this matter?

The SSS procedures are clear on this.

The maternity benefit is based on salary credit, not actual salary.

Check out the computation process in their site: https://www.sss.gov.ph/sss/appmanager/pages.jsp?page=maternitycomputation

Thank you very much, sir! I have enough paperwork to submit.