maternity leave

My employer wants me to return to work even if i am still on maternity leave.i gave birth sept14 2017 but was on leave of absence starting sept1 as advised by my OB due to on and off contraction. Our hr office agreed and asks me to return to work on nov19 as i have already consumed my maternity leave from the day I didnt report to work. I am entitled to take 78days mat leave from the actual date of delivery. How can i file a complaint against my employer?

Where did you get the "78 days mat leave from actual date of delivery?"

Maternity leave starts at the day you filed for leave because you are giving birth. There are some occasions that due to complicated pregnancy maternity leave is filed 2 weeks in advance.

So your 78 days will start on sept 1, if you filed it as maternity leave and not vacation/sick leave

Ive asked SSS they said the counting starts from the actual date of delivery

Can you ask the SSS the reference for that?

If we're going to base it on the SSS Law, there is no statement that says the start of maternity is on the delivery date.

It all goes back to what was filed on the leave form.

If you filed a leave already on September 1 stating that you are going on a maternity leave, that is your start date.

If you still have Vacation Leave, and you filed a VL that leads up to your delivery date, then your Maternity Leave start on the delivery date.

Also, check what you have filled up in the SSS Maternity Reimbursement Form, Part I (to be filled up by the member). There are 2 dates that you need to fill up, 1st is start of maternity leave and the 2nd is the day of delivery / miscarriage. Question is... what was the date stated on the start of maternity leave? that will be the starting date.

The date indicated in the mat1 form for the start of maternity leave was on sept29. The 2nd date was also sept29.

Mat 1 is only an estimated date of delivery as computed during the time you declared your pregnancy.

What is important is the Mat 2. If you've started leave is Sept. 1, the delivery date is Sept 14th, Why would the maternity leave be recorded as Sept 29.?

This would cause lot of complications for both you and the company.

Sorry for the confusion.On the mat2 form, date filed is sept14.

Then you can inform your HR that your Maternity Leave start at Sept 14. and can report back to work 78 days after.

The only complication you would have with your HR would be if they paid you from Sept 1-14, and the leave credits that you have is not enough to cover such leave. This would result to over payment and they will deduct it from your salary.

Thank you so much!