... Maternity Benefits for Government Employees

I found this very useful site that answered all my questions in one page.

http://www.babycenter.com.ph/pregnancy/work/maternityrights/maternity-benefits-government/

I work in the public sector. Am I entitled to maternity leave?
Every pregnant employee is entitled to maternity leave but the conditions change depending on several factors.

If you are a government employee, you are allowed to take a maternity leave of 60 calendar days with pay, whether you deliver via normal or cesarean delivery.

You are also entitled to maternity benefits in full if you have been working for your government office or agency for at least two years. If you have rendered service for more than a year but less than two years, you will receive maternity benefits in proportion to your length of service, and half-pay if you have been working there for less than one year.

Maternity leave covers both childbirth and miscarriage. The law provides minimum requirements that you can expect from your employer. Talk to your human resources manager or administrative officer to find out if your employer provides greater maternity benefits than the required minimum. Read your employment contract or collective bargaining agreement carefully and see what it says about your employer’s policy on maternity leaves and benefits.

Am I entitled to maternity benefits and pay?
Whether you are eligible for maternity benefits and pay will depend on a variety of factors, such as your employer, length of employment and number of pregnancies or deliveries.

As a government employee, you must comply with the following conditions to qualify for maternity leave and pay:
You must have worked in the government office or agency for at least two years to receive full pay.

If you have been employed for more than a year but less than two years, your maternity benefits shall be reduced in proportion to your length of service. If you have worked for less than a year, you shall receive half-pay.

To qualify for maternity benefits under Philhealth, the following are required:
You must have paid at least three monthly contributions within the six-month period prior to your delivery (including miscarriage).

This was your first, second, third or fourth pregnancy (including miscarriage).

You claim your Philhealth benefits within the 45-day allowance for room and board.

Aside from these requirements, your employer may also require the submission of receipts, test results, medical certificates and other documents. Consult with your human resources manager or administrative officer to know what other documents should be submitted to qualify for maternity benefits.

You may find that your company has its own maternity policy, which is better than the legal minimum. If this is the case, your entitlements could differ from those of your colleagues or friends who work for other companies.

Find out exactly what you might be entitled to by contacting:
• your human resources or personnel manager
• your labor union representative
• the Department of Labor and Employment (DOLE) Regional Office in your place of work

Make sure that you carefully look in your contract of employment and see what it says about the company maternity policy.

When should I file for maternity leave?
It is always best to file your maternity leave application a few weeks before the start of your leave. This will give your employer enough time to make arrangements and ensure that the company is not affected by your absence. The common practice is to go on leave two weeks before your due date so you can have enough time to prepare for the birth of your child.

Check your employment contract or collective bargaining agreement to see your company’s policy on when you should take your leave. If there is none, you may choose when you want to start. Have a talk with your human resources manager or administrative officer if you have concerns.

What happens during my maternity leave?
Your employer may make contact with you, and vice-versa, while you're on maternity leave. The kind of contact you have with your employer should be reasonable, for example, to discuss your plans for returning to work or to keep you informed of important developments at your workplace. You should also be kept informed of any relevant promotion opportunities or job vacancies that arise during your maternity leave.

When should I return to work?
Unless agreed on otherwise, you return to work as soon as your maternity leave ends.

If you want to change the date of your return, you will need to inform your employer in advance. If you decide not to return to work at the end of your maternity leave because you are not yet ready and may need more time to recuperate, you need to file an application for extension of maternity leave together with a medical certificate from your doctor. The extension is without pay unless you have earned enough sick or vacation leaves to cover for your absence.

If you have had surgery due to a gynecological disorder, you may avail of a special leave benefit of two months with full pay under the Magna Carta of Women. This right is available to women employees who have worked for at least six months for the last 12 months.

All women have a right to return to work after maternity leave, regardless of the size of their employer's company.

How do I claim my benefits?
You may claim your maternity pay directly from your employer, usually in the same manner as how you claim your salary.

For your Philhealth maternity benefits, you can claim them in two ways:
(1) automatic deduction of benefits by submitting a duly accomplished PhilHealth Claim Form 1 and Member Data Form at the billing section prior to discharge from the hospital or health care facility, or

(2) direct filing and reimbursement by submitting to PhilHealth a duly accomplished PhilHealth Claim Form 2, official receipts, hospital or doctor’s waiver and other documents or record of medical procedure undertaken, within 60 calendar days from discharge from the hospital or health care facility.

For more information on availing Philhealth maternity benefits, visit www.philhealth.gov.ph.

Is paternity leave and pay available?
Paid paternity leave is available for married male employees. If your husband is working for an employer he may be entitled to seven calendar days of paternity leave and pay. Unlike new moms, a new dad may only avail of paternity leave with pay if he is both married to the mother of his child and living together with her under the same roof.

Read more in our article on Paternity Leave.

What other rights do I have at work?
Our laws require every employer to address the needs of pregnant and lactating employees by:

• Providing adequate medical and dental services to their employees.

• Provide facilities such as rest areas with proper seats, separate comfort rooms, a nursery and a lactation station

• Subsidizing their employees’ insurance coverage. In the case of employees in the private sector, they are required to be covered by the SSS.

• Keeping in mind the welfare and safety of his employees.

If your work requires you to perform tasks that might pose a risk to your pregnancy, speak to your immediate supervisor or direct superior about temporarily relieving you from the task while you are pregnant. If you are scheduled to work at night or for long periods of time, you may also ask to temporarily change your work schedule or work on flexi-time.

Check your employment contract or collective bargaining agreement to see if your employer grants additional benefits. Or, you can talk with your human resource manager and administrative officer to find out what other benefits you are entitled to.

Written by Donna Cher dela Cruz, a litigation lawyer and a full-time mother to Diego, 5, and Damian, 1.

-- Thank you Atty. dela Cruz.