SSS Maternity Benefits After Resignation: A Comprehensive Guide (Philippine Context)

Disclaimer: The information provided below is for general informational purposes only and does not constitute legal advice. For specific questions about your situation, consult the Social Security System (SSS), a qualified attorney, or a legal professional.

1. Overview of the SSS Maternity Benefit

In the Philippines, the Social Security System (SSS) provides a maternity benefit to qualified female members as part of its social insurance programs. The legal framework primarily comes from the Social Security Act of 2018 (Republic Act No. 11199) and the Expanded Maternity Leave Law (Republic Act No. 11210).

Key Points:

It grants a daily cash allowance to qualified female members who are unable to work due to childbirth, miscarriage, or emergency termination of pregnancy.
The standard coverage is 105 days of paid maternity leave for live childbirth, with an additional 15 days for solo parents (for a total of 120 days). In cases of miscarriage or emergency termination of pregnancy, the law grants 60 days of paid maternity leave.
The daily cash benefit is equivalent to the member’s average daily salary credit (based on SSS rules) multiplied by the number of days of leave (105, 120, or 60 days).

2. Eligibility Requirements

Whether employed or no longer employed, the SSS imposes certain requirements for a female member to qualify for maternity benefits:

Membership Status: You must be a female SSS member (including voluntary or self-employed members).
Sufficient Contributions:
- As of this writing, you must have paid at least three (3) monthly SSS contributions within the 12-month period immediately preceding the semester of your childbirth or miscarriage.
- “Semester” in SSS terminology covers two consecutive quarters (six months). For example, if you expect to give birth in October, the semester of contingency is July to December.
Notification to SSS: You must submit the required maternity notification (SSS Maternity Notification) and supporting documents (e.g., ultrasound report, medical certificate confirming pregnancy, etc.) on time.
- If you are still employed, you typically notify your employer, who then forwards the notification to the SSS.
- If you have already resigned or are unemployed, you will notify SSS directly.
Proof of Pregnancy or Childbirth: Upon claiming the benefit, you must submit proof of childbirth (e.g., birth certificate) or other evidence as required in cases of miscarriage or emergency termination of pregnancy.

3. Effect of Resignation on SSS Maternity Benefits

A common misconception is that resigning or being unemployed disqualifies a member from receiving SSS maternity benefits. That is not automatically true. As long as you meet the minimum contribution and notification requirements, you may still be entitled to receive benefits directly from the SSS even if you have resigned.

Here are some critical details:

Contributions Before Resignation: Your eligibility mainly depends on the contributions made within the 12-month period before the semester of childbirth or miscarriage. If you have sufficient contributions in that period, then your resignation does not stop your eligibility.
Voluntary Contributions After Resignation:
- If you resign and do not move to another employer, you have the option to continue paying as a voluntary member. Paying voluntary contributions can help maintain or increase the amount of your average daily salary credit (and thus your maternity benefit).
- To convert from an employed member to a voluntary member, you simply file as a “Voluntary” SSS member and continue paying your contributions personally.
No More Employer Reimbursement:
- While employed, an employer typically advances the SSS maternity benefit to the employee, then seeks reimbursement from the SSS. If you have resigned, you no longer have an employer to advance or process your maternity benefit on your behalf.
- Therefore, you must deal directly with SSS for benefit filing, submission of documents, and disbursement.
No Salary Differential from Employer:
- Under the Expanded Maternity Leave Law, some employers provide a salary differential so that the employee receives full pay during her maternity leave.
- Once you have resigned, you are not entitled to any employer-provided benefits that are separate from the SSS maternity benefit (i.e., there is no more “salary differential” because you are no longer employed).

4. Claiming Your Maternity Benefit After Resignation

Step-by-Step Guide

Ensure Eligibility and Complete Contributions
- Check your SSS contribution record (through your online My.SSS account or an SSS branch). Confirm you have at least three (3) monthly contributions within the 12-month period preceding the semester of your expected delivery date or miscarriage.
- If you lack contributions but still have time before your delivery date, consider making additional voluntary contributions (if you’re still within the allowable time to do so) to meet the minimum requirement.
File Maternity Notification
- If still pregnant, file your SSS Maternity Notification together with proof of pregnancy (e.g., ultrasound report, medical certificate) before delivery.
- Since you are no longer employed, you will file directly at an SSS branch or through your My.SSS account if online filing is available and permitted.
Prepare All Required Documents
- After childbirth or miscarriage, you must submit the following (as applicable):
  - Maternity Reimbursement Form (if required by SSS for directly claiming benefits)
  - Birth certificate (for childbirth) or
  - Medical certificate and hospital records (in case of miscarriage or emergency termination of pregnancy)
- Any other supporting documents required by SSS (e.g., valid IDs, marriage certificate if naming the father for certain records, etc.).
Direct Disbursement Through Your Bank Account or E-wallet
- Once your claim is approved, SSS will release the benefit directly to you.
- You can register for the SSS Disbursement Account Enrollment Module (DAEM) or keep your bank details updated so SSS can deposit the benefit to your account.
Timing
- Typically, the submission of the benefit application (Maternity Benefit Application) with complete documents is done after childbirth, except for the notification requirement which must be done prior to delivery.
- To avoid delays, ensure that all documents are accurate and consistent.

5. Commonly Asked Questions

Q: Can I receive the SSS maternity benefit if I gave birth months after resigning?
A: Yes, as long as you have met the required monthly contributions before the semester of your childbirth and have filed the maternity notification on time. Being unemployed does not automatically disqualify you.
Q: Do I need to continue paying SSS contributions as a voluntary member to get the benefit?
A: If you already have the minimum required contributions prior to your resignation, you technically remain eligible for the upcoming delivery. However, continuing contributions as a voluntary member helps maintain your SSS membership for future benefits and may improve your average daily salary credit, which impacts benefit amounts for subsequent claims (e.g., sickness, future maternity, retirement, etc.).
Q: How do I file for the benefit if I’m no longer employed?
A: You will submit all required forms and documentation directly to the SSS (typically at a branch or through the My.SSS portal if enabled). The SSS will release the benefit to you directly, usually via bank deposit or other approved disbursement methods.
Q: Will I receive the same amount as those who are employed?
A: The SSS computation of the daily cash allowance is based on your average daily salary credit from your past contributions. This calculation does not change simply because you resigned. However, you will not receive any additional employer-provided “salary differential” or company-specific maternity benefits.
Q: Do I still need to submit a Certificate of Separation from my former employer?
A: In certain scenarios, the SSS may ask for a Certificate of Separation or similar documentation (especially if your last SSS contributions were made by a recent employer). This helps SSS verify that the claim is properly filed and that no double claims are made. It is best to request one from your last employer in case the SSS requires it.
Q: Can my former employer still be involved in my claim?
A: Once you have resigned, the main transaction is between you and SSS. The employer’s role ends, except for possibly issuing supporting documents (Certificate of Separation, final payslip, etc.) upon your request.

6. Practical Tips

Check Your SSS Records Early: As soon as you learn you are pregnant (or if you’re planning a pregnancy), verify your SSS contribution records. Resolve any missing or unposted contributions before you resign (if still employed) or as soon as possible if already resigned.
Notify SSS Promptly: Do not delay your maternity notification. Even if you are unsure about some documents, it is better to submit your notice early and then comply with additional requirements as needed.
Stay Updated on SSS Circulars: The SSS occasionally issues new guidelines or updates. Stay informed through official SSS channels (website, official social media, or announcements at SSS branches).
Keep Personal Copies of All Documents: Always keep photocopies or digital copies of everything (maternity notification, birth certificate, forms) for your reference and future use.
Ask for Professional Advice If Unsure: If you have unique circumstances (e.g., you have multiple employers in the past 12 months, or you have uncertain contribution records), consider consulting with an SSS representative or a legal professional for tailored guidance.

7. Conclusion

Resigning from your job does not necessarily mean losing your SSS Maternity Benefit. As long as you meet the contribution requirement and follow the correct filing procedures, the SSS maternity benefit is still accessible. Ensure that you keep your SSS records up to date, notify the SSS promptly of your pregnancy (before childbirth), and submit all necessary post-delivery documents to claim your benefit.

Should you have further questions or encounter special circumstances, it is always best to reach out to the SSS directly or seek professional legal assistance. This helps to ensure that you receive the full benefits to which you are entitled under Philippine law.