Ref. No.: CPP-HR-0204_Maternity Benefit_V4
Prepared
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A. Legasto
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06/13/2019
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Approved
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Execom
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10/22/2019
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1.0 Objective
To outline and grant the Maternity Leave benefits to all female team members as governed by Social Security System (SSS) Law and in accordance to RA 11210 or the 105-Expanded Maternity Leave Law (EEML) to all female workers
2.0 Scope
This policy applies to every pregnant female team member who are eligible to receive the subject benefit
3.0 Provisions
3.1 Eligibility
A female team member shall be entitled to the maternity leave, provided:
3.1.1 She is a SSS member employed at the time of delivery, miscarriage or emergency termination of pregnancy;
3.1.2 She has given the required notification to the SSS through the Company; and
3.1.3 The Company has paid at least three (3) monthly contributions to the SSS within the twelve-month period immediately preceding the semester of her contingency (i.e. childbirth or miscarriage or emergency termination of pregnancy)
3.2 Number of Days
3.2.1 Female team members who will be on leave due to maternity as per RA 11210 shall be granted one hundred (105) with full pay with an option to extend for an additional thirty (30) days without pay. This is regardless of whether she gave birth via caesarian section or natural delivery,
3.2.2 That in case the team member qualifies as a solo parent, she will be granted an additional fifteen days maternity leave with full pay;
3.3 Maternity Pay
3.3.1 Maternity pay is computed in accordance to SSS Law and Expanded Maternity Leave Act whereas:
a. Employed female workers shall receive full pay which consists of (i) SSS Maternity Benefit computed based on her average daily salary credit for one hundred five (105) days and (ii) salary differential to be paid by employer, if any;
3.3.2 Applicable salary scheme, as described in Section 3.3.1, for the maternity leave duration shall be advanced by the Company through a check deposit to the payroll account of the concerned employee least two weeks before the team member goes on maternity leave.
3.3.3 All statutory deductions shall continue to be paid by the concerned employee (SSS, HDMF, Philhealth, Withholding tax – when applicable). Total of these amounts for the applicable maternity leave duration shall already be deducted from the check advanced by the company.
3.3.4 SSS check payment shall be made payable to the company as reimbursement for the advanced SSS Benefit made by the company.
3.3.5 The maternity leave benefit, like other benefits granted by Social Security System is granted to employees in lieu of wages. Thus, this may not be included in computing the team member’s thirteenth-month pay for the calendar year.
3.3.6 Maternity benefit will be paid in all instances of pregnancy, miscarriage or emergency termination of pregnancy regardless of frequency
3.4 Maternity Leave
3.4.1 Enjoyment of maternity leave cannot be deferred, but should be availed or either before or after the actual period of delivery in continuous or uninterrupted manner, and such that:
3.4.1.1 In cases of live childbirth, 105 days of maternity leave with full pay shall be granted, regardless of frequency or;
3.4.1.2 In cases of emergency, termination of pregnancy, 60 days maternity leave shall be granted. No more limit to four (4) deliveries
3.4.2 Maternity leave shall be granted to female workers in every instance of pregnancy or live childbirth, regardless of the mode of delivery (whether normal or caesarian section), miscarriage or emergency termination of pregnancy.
3.4.3 In all instances, the maternity leave can be credited as combination or prenatal and postnatal leave whereas an employee may request to be on maternity leave as early as 30 days prior to expected delivery date. The rest of the remaining days should be used for postnatal care.
3.4.4 In cases of live childbirth, if a team member is unable to report for work after the maternity leave for whatever reason, an additional 30 days can be availed provided that employee has notified in writing her immediate supervisor and the HR Department at least 45 days before the end of the maternity leave. In case employee has remaining Paid Days Off, this will be applied accordingly.
3.4.5 An employee may be on leave without prior notice in the case of medical emergency but subsequent notice shall be given to the employer within 3 days on account of illness medically certified by her physician as arising out of her delivery or miscarriage.
3.4.6 Maternity leave with full pay shall be granted even if the childbirth, miscarriage, or emergency termination of pregnancy occurs not more than fifteen (15) calendar days after the termination of an employee’s service. Such period is not applicable when the employment of the pregnant team member has been terminated without just cause, in which case Infinit-O will pay the full amount equivalent to her salary for one hundred five (105) days for childbirth and sixty (60) days for miscarriage or emergency termination of pregnancy based on her full pay, in addition to the other applicable daily cash maternity benefits that female team member should have received had her employment not been illegally terminated.
4.0 Allocation of Maternity Leave Credits
4.1.1 On Female Employees A female employee entitled to maternity leave benefits, may at her option, allocate up to seven (7) days of said benefits to the child’s father regardless of marriage. The allocated benefit granted to the child’s father under this law is over and above that which is provided under RA 8187 Paternity Leave Act of 1996. In case of death, absence or incapacity of the child’s father, the female employee may allocate an alternate caregiver who may be any of the following, upon election of the mother considering the best interest of the child:
4.1.1.1 Relative within the 4th degree of consanguinity or;
4.1.1.2 The current partner of the female worker sharing the same household
4.1.2 On Male Employees or Alternate Caregiver Employees who are identified to care for the pregnant woman and/or its newborn shall be granted leave with pay equivalent to 1 up to 7 days, which may be availed in a continuous or intermittent manner not later than the period of maternity leave availed of. The employee will be required to submit a written notice to his immediate supervisor and/or HR Department together with the required supporting documents Allocation of maternity leave credits is valid only for live childbirth
5.0 Maternity Leave of a Female team member with Pending Administrative Case
5.1 The maternity leave benefits granted under this Act shall be enjoyed by a female team member even if she has a pending administrative case
6.0 Responsibility
6.1 Team member is responsible for the completion of the SSS Form MAT-1 (Maternity Notification).
6.2 Team member on night duty is responsible for the submission of medical certificate certifying that one is fit to render night duty.
6.3 HR-ER Team is responsible for filing the SSS Maternity Form with SSS no later than 60 days from date of conception.
6.4 F&A Team is responsible for the computation of the maternity benefit, according to Section 3.3 of this document.
7.0 Frequency
7.1 SSS Form MAT-1 (Maternity Notification) – is accomplished as soon as pregnancy is known and at least 60 days from the date of conception.
7.2 SSS Form MAT-2 (Maternity Reimbursement) – is accomplished upon return from maternity leave.
7.3 F&A Team must release the maternity benefit at least two weeks before the team member goes on maternity leave.
7.4 Duration of Maternity Leave
7.4.1 One hundred five (105) calendar days for live childbirth;
7.4.2 Sixty (60) days in case of miscarriage or, or emergency termination of pregnancy regardless of frequency.
7.4.3 Seven (7) days for child’s father or alternate caregiver
8.0 Distribution Team Member HR-ER Team F&A Team SSS
9.0 Usage
9.1 On Female Employees
9.1.1 The Team Member submits an SSS Form MAT-1 (Maternity Notification) to HR.
9.1.2 HR advises the F&A Team and the CSG Vice President (CSG VP) and/or immediate superior regarding the pregnancy of a team member.
9.1.3 The immediate superior advises the team member’s condition to the client
9.1.4 The Team Member files the maternity leave through MyPayroll
9.1.5 The immediate superior approves the subject maternity leave
9.1.6 The Team Member endorses her tasks to the designated reliever at least two weeks before her leave commences
9.1.7 F&A Team computes and releases the maternity benefits to the team member (MAT1 benefit) least two weeks before her leave commences
9.1.8 Once Immediate Supervisor approves filed maternity leave, Supervisor must send a notification to HR ER of the dates filed by employee
9.1.9 HR ER will then include in the Payroll report for holding following payroll cut-off date
9.1.10 Supervisor must also send a notification to HR ER once employee has reported back to work for records updating
9.1.11 Upon return to work, the team member must accomplish the SSS Form MAT-2 (Maternity Reimbursement) and submit to HR-ER for processing
9.2 Male Employees or Alternate Caregiver
9.2.1 If the team member is the child’s father, he shall provide a copy of the Allocation of Maternity Leave Credits submitted by the female SSS member duly stamped by SSS;
9.2.2 The team member shall also submit a certification from the female members employer informing the no. of days transferred (up to 7 days);
9.2.3 In case of an alternate caregiver, a proof of residence will be required (barangay certificate)
10.0 Effective Date
March 11, 2019
Signed by the President on Feb 20, 2019
Signing of IRR was made in May 1, 2019
11.0 References
sss.gov.ph
RA 11210 Expanded Maternity Leave Law
Implementing Rules and Regulations of Expanded Maternity Leave Law
12.0 Records
Mypayroll system
SSS Form MAT-1 (Maternity Notification) and supporting documents
SSS Form MAT-2 (Maternity Reimbursement) and supporting documents
Medical Certificate – fit to work for night shift workers
Allocation of Maternity Leave Credits