Below is a comprehensive legal discussion on Claiming Unpaid Maternity Benefits and Back Pay in the Philippine context. This article covers the relevant laws, procedural steps, and possible remedies available to employees who wish to assert their rights.

1. Introduction

Maternity benefits and back pay are two vital components of an employee’s compensation rights under Philippine law. The Expanded Maternity Leave Law (Republic Act No. 11210) and the Labor Code of the Philippines serve as the primary legal frameworks ensuring that female employees receive adequate paid maternity leaves, while also providing employees a mechanism to claim final pay or “back pay” once they separate from employment.

This article provides an in-depth look at:

The legal basis for maternity benefits in the Philippines.
Employer obligations and employee entitlements related to maternity leave and pay.
Common issues and procedures for claiming unpaid maternity benefits.
Rights and steps to claim back pay from employers.
Legal remedies if an employer refuses or fails to comply.

2. Legal Basis for Maternity Benefits

2.1. The Expanded Maternity Leave Law (R.A. 11210)

Republic Act No. 11210, also known as the Expanded Maternity Leave Law, was signed on February 20, 2019. It amended existing laws on maternity leave benefits to provide:

105 days of paid maternity leave for female workers, with an option to extend for an additional 30 days without pay.
120 days of paid maternity leave for solo parents (as defined under Republic Act No. 8972, the Solo Parents’ Welfare Act).
An option to allocate up to 7 days of the maternity leave benefits to the child’s father or an alternate caregiver (such as a relative up to the fourth degree of consanguinity).

The law covers all female employees, regardless of whether they are:

In the government sector;
In the private sector;
Informal economy workers;
Female members who have stopped working or are still working but contributed to the Social Security System (SSS).

2.2. Social Security System (SSS) Maternity Benefit

Under the SSS Law (as amended by R.A. 11199, the Social Security Act of 2018):

An SSS-registered female member who has paid at least three (3) monthly contributions in the 12-month period immediately preceding the semester of her childbirth or miscarriage/emergency termination of pregnancy is entitled to SSS maternity benefits.
The computation of the SSS maternity benefit is usually based on her average daily salary credit.
The SSS reimburses the employer for the maternity benefit advanced to the employee, provided all requirements are met and documents are duly submitted.

2.3. Coverage and Applicability

All female employees who meet the eligibility criteria—whether permanent, probationary, project-based, contractual, or part of the informal sector—are entitled to the benefits under the Expanded Maternity Leave Law. Employers in the private sector are responsible for:

Advancing the SSS maternity benefit to eligible employees.
Ensuring that the maternity leave is granted in compliance with the number of days mandated by law.
Handling the employer’s share of benefits (if any additional benefits are granted by company policy or collective bargaining agreement).

3. Eligibility Requirements for Maternity Benefits

To claim maternity benefits, a female employee generally must:

Notify the employer of the pregnancy and the expected date of childbirth as soon as reasonably practicable.
Have paid at least three (3) monthly SSS contributions within the 12-month period immediately prior to the semester of childbirth or miscarriage/emergency termination of pregnancy.
File a maternity notification (for SSS purposes) either online via the My.SSS portal or through company procedures if the employer coordinates with the SSS.

If an employee is no longer working but still qualifies under SSS rules (e.g., as a voluntary or self-employed member) and has met the contribution requirements, she may file for the maternity benefit directly with the SSS.

4. Duration and Amount of Maternity Leave and Pay

4.1. Duration

105 days of paid leave for live childbirth.
120 days of paid leave for solo parents.
60 days of paid leave for miscarriage or emergency termination of pregnancy.

An employee can extend her leave beyond the statutory days, but those extra days (up to 30 days) are without pay unless the employer’s policy or a collective bargaining agreement grants additional paid leave.

4.2. Maternity Pay Computation

SSS Maternity Benefit is computed based on the member’s average daily salary credit (ADSC).
The total maternity benefit is advanced in full by the employer, who then applies for reimbursement from the SSS.
If a company policy or collective bargaining agreement provides a higher rate, the employer may be required to shoulder the difference.

5. Employer Obligations

Advance the SSS maternity benefit to eligible female employees, in full, within 30 days from the filing of the maternity leave application or childbirth, as prescribed by the SSS rules.
Submit the required documentation to the SSS for reimbursement.
Grant the mandatory 105/120/60 days of maternity leave depending on the circumstance, ensuring no reduction in tenure or employment status due to pregnancy.
Preserve security of tenure: Employers cannot terminate an employee on the grounds of pregnancy or while on maternity leave, except if termination is for just or authorized causes under the Labor Code and is not pregnancy-related.

Failure to comply can subject employers to administrative fines, potential criminal liability (in extreme cases), and labor claims.

6. Common Issues in Claiming Maternity Benefits

Delayed or Non-Payment: Employers may fail to advance the benefit, either due to financial constraints or lack of knowledge of the rules.
Incorrect Computation: Dispute over the average daily salary credit or coverage period.
Contractual or Probationary Status: Employers mistakenly believe that employees who are not regular are not entitled to benefits. Under law, all female employees—regardless of status—are covered.
Lack of SSS Contributions: Employees may discover that their contributions were not remitted correctly, affecting eligibility.

7. How to Claim Unpaid Maternity Benefits

7.1. Internal Resolution with the Employer

Communicate in writing: The employee should formally request payment and provide all relevant documents (medical certificate, SSS documents, proof of contributions).
Document communication: Keep records of emails, letters, and any employer response or refusal.

7.2. File a Claim with the Social Security System

If the employer refuses to advance payment but the employee is eligible, the employee may file a claim with the SSS for direct payment.
The SSS may also investigate if there is employer non-compliance, such as non-remittance of contributions.

7.3. File a Complaint at the Department of Labor and Employment (DOLE) or National Labor Relations Commission (NLRC)

If internal resolution fails, the employee can file a labor complaint against the employer for non-payment of benefits.
DOLE handles cases involving money claims not exceeding PHP 5,000 and/or if the employee-employer relationship still exists without contest.
NLRC has jurisdiction over bigger money claims and labor disputes like illegal dismissal or if the claim exceeds PHP 5,000.

The remedies can include:

Order of payment of unpaid maternity benefits.
Possible damages and/or attorney’s fees if the employer acted with evident bad faith.

8. Claiming Back Pay

8.1. Definition of Back Pay (Final Pay)

In the Philippines, back pay or final pay refers to the sum of all unpaid compensation and benefits owed to an employee upon resignation, termination, or separation from service. It typically includes:

Unpaid salaries or wages.
Pro-rated 13th month pay.
Cash conversions of unused leave credits (if company policy or a collective bargaining agreement provides for it, or under certain conditions of service incentive leave).
Other benefits stipulated in the employment contract, such as allowances.

8.2. When Back Pay is Due

Philippine labor regulations generally consider back pay due upon:

Resignation (voluntary separation).
End of a contract (expiration of project or fixed-term contracts).
Termination (authorized or just causes).
Retirement (if the employee has served the minimum requirements for retirement).

8.3. Timeline and Process

Employer’s Computation Period: Employers typically have 30 days to issue the final pay, though no strict statutory period is prescribed by law. However, DOLE Labor Advisory No. 6, Series of 2020 recommends releasing final pay within 30 days from the date of separation.
Request in Writing: Upon separation, the employee should request a final pay computation from the HR department.
Settle Clearances: Most companies require clearance procedures (return of company property, completion of exit forms) before releasing the final pay.

9. Remedies for Non-Payment of Maternity Benefits or Back Pay

9.1. Department of Labor and Employment (DOLE)

Single Entry Approach (SEnA): An employee can file a Request for Assistance (RFA) to seek a mediated settlement with the employer before proceeding to formal litigation.
If no settlement is reached, the employee may proceed with a formal complaint.

9.2. National Labor Relations Commission (NLRC)

The NLRC is the quasi-judicial body that handles labor disputes, including claims for unpaid wages, benefits, or illegal dismissal. If the amount exceeds PHP 5,000 or if the employment relationship is disputed/terminated, the employee may file a complaint at the NLRC.

9.3. Court Litigation

In extreme cases where the employer refuses to comply with a favorable NLRC decision, the employee can seek enforcement through the regular courts.

10. Practical Tips and Considerations

Maintain Proper Documentation: Keep records of payslips, SSS E-1 forms, contribution printouts, and any communication with your employer regarding maternity leave and benefits.
Know Your Timeline: For maternity benefit claims, ensure that your SSS contributions and notifications are in order before giving birth. This mitigates delays or denials.
Check Company Policies: Some companies offer additional maternity leave benefits or better separation packages beyond what is required by law.
Coordinate with SSS: If your employer is uncooperative or defaults on payment, reach out to the SSS for direct filing or verification of contributions.
Legal Assistance: Consult with a labor lawyer or approach your regional DOLE office for assistance if internal resolutions fail.

11. Conclusion

Claiming unpaid maternity benefits and back pay in the Philippines centers on understanding the Expanded Maternity Leave Law (R.A. 11210), SSS regulations, and the Labor Code provisions on final pay. Employers are legally obligated to grant and/or reimburse maternity benefits, while employees are entitled to a complete accounting of unpaid salaries and benefits upon separation.

If an employer fails or refuses to comply, there are multiple recourses:

Internal complaint or HR processes.
Direct filing with the SSS (for maternity benefit reimbursement).
Mediation through DOLE’s Single Entry Approach (SEnA).
Formal labor complaints before the DOLE or NLRC.

By being aware of these rights and procedures, female workers can safeguard their income security during maternity and all employees can ensure they receive any unpaid benefits or back pay upon separation from employment.