Social Legislation + Leave

Law
SSS 1. All
Benefits
employers
Coverage
employees and their
including
Kasambahays or domestic
Exempted
Coverage
Excluded/Exempted
from Compulsory

a. Services where no ER-EE

Dependents + Beneficiaries
Primary Beneficiaries
1. Legal spouse entitled to receive
support from member
a.
b.
c.
Sickness benefits
Benefits

Maternity leave benefits

workers not over 60 years old
2. All self-employed
3. OFWs (sea-based + land-
based)
4. A farmer, fisherman, worker
Voluntary Covered
1. Non-working spouses who
devote full-time to managing
the household and family
affairs unless engaged in other
vocation
2. OFW upon termination of their
employment overseas
3. Filipino permanent migrants
4. An employee under compulsory
coverage who has been
separated from employment
who continues to pay
contribution
5. A self-employed member who
realizes no income in any given
month who continues to pay
contribution
relationship
b. Services performed in the
employ of the PH gov’t
c. Service performed in the
employ of the foreign gov’t or
int’l organization; XPN: unless
there is an agreement with the
PH govt for the inclusion of
such EEs in the SS
d. Such other services performed
by temporary and other EEs
which may be excluded by
regulation of the Commission
Retirement benefits
(dependent spouse until d. Unemployment insurance or involuntary separation
remarries) or who has not e. Disability benefits
cohabited or entered in a live-in f. Death benefits
relationship before or after the g. Funeral Benefits
death of the member);
2. Dependent Legitimate, [a]. it is a daily cash allowance. Daily sickness benefit
legitimated, or legally adopted equivalent to 90% of his average daily salary credit.
and illegitimate child who is
unmarried + not gainfully
employed + has not reached 21 [b]. *See table below*
years of age
[c]. Two (2) types:
Secondary 1. Monthly pension – lifetime cash benefit who
1. Dependent parents in the has paid at least 120 monthly contributions
absence of any primary prior to the retirement.
beneficiary 2. Lump sum amount – who has not paid the
2. Any other person designated required 120 monthly contributions. It is equal
by the member. to the total contributions paid by the member
and ER including interest.
[d]. Paid at least 36 months contributions + 12 months of
which should be in the 18-month period immediately
preceding the involuntary unemployment separation.
Form: monthly cash payments equivalent to 50% of the
average monthly salary credit for a max of 2 months.
(Can only claim once every three years)

[e]. Qualification
 Paid at least 36 monthly contributions – monthly
contribution
 Who has NOT paid 36 monthly contributions – lump
sum benefits

PTD -> Death of pensioner

 Primary beneficiaries – entitled to receive monthly
pension
 Secondary beneficiaries – entitled to a lump sum
benefit equivalent to the total monthly pensions
corresponding to the balance of the five-year
guaranteed period excluding the dependent’s
pension (so long as member dies within 60 months
from the start of his monthly pension + no primary
beneficiaries)

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 [f]. Cash benefit
1. Monthly pension – paid at least 36 monthly
contributions
2. Lump sum benefit – to the secondary beneficiaries if
no primary (36 times the monthly pension);

Note: if he has not paid the required 36 monthly

contribution, his primary or secondary shall be entitled to
a lump sum benefit
 equivalent to the monthly pension x the number
of monthly contributions paid to SSS or
 12 x monthly pension, whichever is higher.
GSIS 1. All gov’t personnel (elective, Excluded Primary Beneficiaries a. Compulsory life insurance
appointive) receiving monthly 1. Uniformed personnel of AFP, 1. Legal spouse entitled to receive b. Retirement benefits
compensation + not reached PNP, BFP, BJMP support from member c. Separation benefits
the mandatory retirement age 2. Baranggay and Sanggunian (dependent spouse until d. Unemployment benefits
of 65 years Officials who are not receiving remarries); e. Disability benefits
2. Those who reached 65 years of fixed monthly compensation 2. Dependent Legitimate, f. Survivorship benefits
age shall also be covered: 3. Contractual EEs who are not legitimated, or legally adopted g. Funeral benefits
a. Elective official – at receiving fixed monthly and illegitimate child who is
the time of election is compensation unmarried + not gainfully [a]. Entitled to any of the ff. Benefits:
below 65 + will be 65 4. EEs who do not have monthly employed + has not reached 21
or more at the end of regular hours of work and are years of age
his term NOT receiving fixed monthly Life Endowment Policy
b. Appointive officials – compensation  Maturity benefits
Secondary  Cash surrender value
before reaching the 1. Dependent parents who s
mandatory age of 65  Death benefit
dependent upon the member  Accidental benefit
are appointed to for support (in the absence of
gov’t position and  Accidental death benefit
any primary beneficiary)  Cash dividend
shall remain in gov’t 2. Subject to the restrictions on
service at age dependent children, the
beyond 65 legitimate descendants. Enhanced life policy
c. Contractual EEs  Death benefit
including casuals and  Termination value
other EEs with an  Cash dividend
EE-gov’t agency
relationship
[b]. Monthly pension computed based on years of
creditable service and Average Monthly Compensation
(AMC)

Eligibility
 Rendered at least 15 years of service
 At least 60 years of age
 Not receiving a monthly pension benefit from
permanent total disability

Options
 Five year lump sum equivalent to 60 months of basic
monthly pension
 Cash payment benefit equivalent to 18 times of the
BMP

[c].
 3 yrs service BUT less than 15 = cash payment

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 equivalent to 100% of member’s average monthly
compensation for each year of creditable service but
NOT less than P12K payable upon reaching age 60
or his separation if already 60 at the time of
separation
 15 yrs service below 60 years = cash payment
equivalent to 18 times the basic monthly pension at
the time of resignation/separation + old-age pension
benefit equal to the BMP payable monthly for life
upon reaching the age of 60

[d]. Entitlement:
 Permanent EE at time of separation;
 Separation was involuntary due to the abolition of
officer or position resulting from reorganization
 Has been paying the required premium contributions
for at least 1 yr but less than 15 yrs
 Amount of unemployment benefit: 50% of AMC

[e]. Benefits:
PTD – monthly income benefits for life equivalent to the
BMP effective from the date of disability

Conditions for Entitlement

 In service at the time of disability
 Separated from service and paid at least 36 months
contribution within 5-year period immediately
preceding his disability or paid a total of at least 180
months contributions
 Gainfully employed prior to the commencement of
disability
 Not registered member of any social insurance
institution
 Not receiving any other pension either from GSIS or
local or foreign institution

PPD – benefit shall be computed by dividing the BMP by

30 days X the quotient by the number of compensable
calendar days of leave of absence without pay

Conditions for Entitlement

 In the service at the time of disability
 Separated from service + paid at least 36 months
contribution within 5-year period immediately
preceding her disability OR paid a total of 180
months contribution prior to his disability
 Gainfully employed prior to the commencement of
disability
 Not registered member of any social insurance
institution
 Not receiving any other pension either from GSIS or
local or foreign institution

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 TTD – computed by multiplying 75% of the daily salary of
the member by the number of days of disability based on
the medical evaluation but not to exceed 240 days for the
same contingency.

Conditions for Entitlement

 Service at the time of disability
 Separated from service + paid at least 36 months
contribution within 5-year period immediately
preceding her disability OR paid a total of 180
months contribution prior to his disability
 Gainfully employed prior to the commencement of
disability
 Not registered member of any social insurance
institution
 Not receiving any other pension either from GSIS or
local or foreign institution

[f].
 Survivorship pension
o Basic survivorship pension which is 50%
of BMP
o Dependent children’s equivalent to 10% of
BMP for each child but not to exceed 50%
of BMP
 Cash payment equivalent to 18 months BMP
 Cash payment equivalent to 100% of the AMC for
every year of service + paid contributions but not
less than 12K

ACTIVE MEMBER
 At least 15 years of service
o Primary – survivorship pension + cash
payment equivalent to 18 x BMP
o Secondary – cash payment equivalent to
18 x BMP
o Legal heirs – cash payment equivalent to
18 x BMP
 Less than 15 years of service –
o Primary – cash payment equivalent
to100% of AMC for every year of
creditable service

INACTIVE MEMBER
 At least 15 years of creditable service = primary to
receive survivorship pension only
 3 yrs but less than 15 years + less than 60 years =
cash payment equivalent to 100% of AMC every
year of creditable service but NOT less than P12K
 Less than 15 yrs but were at least 60 yrs at the time
of separation
o Not entitled to survivorship benefit -> if
have received the corresponding
separation benefit

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 o Cash equivalent to 100% of AMC every
year of creditable service – if did NOT
receive

[g]. Payable to the ff. Order of priority

1. Legit spouse
2. Legit child who spent for the funeral services; or
3. Any other person who can show
incontrovertible proof that he shouldered the
funeral expenses of the deceased.

Amount:
 Prevailing amount approved by the BoT at the
time of death of the member or pensioner
 Uniformed members of PNP, BJMP and BFP,
the amount of funeral benefit is fixed at P10K

Entitlement
 Active member
 Separated from service with more than 15 yrs
creditable service but entitled to future separation or
retirement benefits
 Old age or disability pensioner
 A retiree who at the time of his retirement is at least
60 + at least 20 years of service but opts to retire
under RA 1616 on or after June 24, 1997
 Member who retired under RA 1616 prior to june 24,
1997 with at least 20 years of service, regardless of
age.
Employee’s 1. All ERs; Primary Beneficiaries a. Medical benefits
Compensation 2. Every employee not over 60 1. Legit spouse until remarries b. Rehabilitation services
Program years of age c. Disability benefits
3. EE over 60 years of age who Note: surviving spouse found not be a. TTD
had been paying contributions living with the covered EE at the b. PTD
to the System (GSIS/SSS) prior time the EE died should be netitled c. PPD
to age 60 + not compulsorily to EEs’ comepnsation provided that d. Death benefits
retired the separation is attributed to the e. Funeral benefits
4. Any EE who is coverable by covered EE.
both GSIS + SSS and should [a]. Entitlement:
be compulsorily covered by  Duly reported to GSIS/SSS system
both systems 2. Legitimate, legitimated, legally
adopted, or acknolwedged  Sustains an injury or contracts sickness
natural children, who are  System has been duly notified of injury
Sectors covered by ECP unmarried not gainfully
1. Public sector (GOCCs) employed, not over 21 years of Period: first day of injury/sickness, during the subsequent
2. Private sector EEs covered by age, or over 21 years of age. period of his disability, as the progress of his recovery
SSS may require.
3. OFWs (Filipino seafarers
compulsorily covered under Note: as we can see, no illegitimate
SSS + land-based contract child as a primary beneficiary but [b]. Period: during the period of disability as the nature
workers they are secondary beneficiary. and progress of recovery of Person with Work-related
Disability may require as determined by the rehab
Secondary Beneficiaries experts.
1. Legitimate parents wholly
dependent upon the EE for [c].
regular support; a. TTD – not exceeding 120 except still requires med

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 2. Legitimate descendants and
illegitimate children who are
unmarried, not gainfully
employed, and not over 21
years of age, over 21 years of
age provided incapacitated +
incapable of self-suppot due to
physical or mental defect which
is congenital or acquired during
minority.
Monthly income benefit –
 Primary – MIB
 Secondary – MIB not to
exceed 60 months + death
benefits shall not be less
than P15K
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attendance beyond 120 but not to exceed 240
a. Duly reported to GSIS/SSS
b. Sustains TTD as a reuslt of the injury or
sickness
c. System has been notified of such
Period: on the first day of disability and not be paid longer
than 120 conse days
Amount: 90% of his average daily salary credit, so long
as the daily income benefit shall not be less than P10 or
more than P200.
b. PTD – important: inability to do substantially all
material acts necessary for the prosecution of a
gainful occupation without serious discomfort +
without material injury or danger to life.
a. Duly reported to GSIS/SSS
b. Sustains PTD
c. System notified
Period: for all compensable months of disability
Amount:
 SSS – increase of 20% of the monthly income
benefit
 GSIS – increase of 20% of monthly income benefit
of current pensioners
 Dependent = 10% of monthly income benefit of EE.
c. PPD –
a. Reported to GSIS/SSS
b. Sustains PPD
c. System notified
Period: beginning on the first month of disability but not
longer than the designated number of months
Amount: monthly income benefit for the number of
months indicated in the schedule embodied in the Labor
Code.
Note: if injuries/illness not listed -> the benefit shall be an
income benefit equivalent to the percentage of permanent
loss of the capacity for work.
[d]. Death – result of a work-related injury or sickness.
Entitlement
 Duly reported to the System
 Died as a result of an injury or sickness
 System has been duly notified of his death + injury
 or sickness which caused his death

Period of entitlment
 Primary beneficiaries –
o beginning at the month of death and
continue to be paid for as long as the
beneficiaries are entitled thereto.
o Monthly income benefit shall be for 5 yrs
which shall in no case be less than P15K.
o Amount: equivalent to monhtly income
benefit for pemanent total disability
guaranteed for 5 years
o If EE has been receiving income benefits
for PTD -> primary shall be paid the
monthly income benefit equivalent to 80%
+ dependent’s pension equivalent to 10%
for every depdennt child but not exceeding
5
 Secondary – 60 x monthly income benefit of a
primary beneficiary which in no case be less than
P15K.
o Monthly pension which shall not exceed
period of 60 months + aggregated income
benefit shall not be less than P15K
o If EE already receiving monthly income
benefit for PTD -> monthly pension
excluding dependent’s pension of the
remaining balance of the 5-year
guaranteed period.

[e]. P20K Entitlement to funeral benefits:

 To surviving spouse;
 Legit child who spent for the funeral service; or
 Any other person who can show incontrovertible
proof of his having borne the funeral expenses

Condition:
 Death due to sickness- causal relationship
between death + wokring conidtions of covered
member
 Death due to injury – causal relaitonship
between death + work-related accident
 Death of EC PPD or PTD – cause of death is a
complcation or natural consequence of
preivously compensated PPD or PTD.

Leaves Coverage Notes

Service Incentive Leave GR: All EEs who has rendered at least 1 year of service + Kasambahays + part-time
workers
XPNs:
1. Gov’t EEs, employed by nat’l gov’t including GOCCs
2. Persons in the personal service of another
3. Managerial EE, if they meet all the ff. Conditions
a. Primary duty: manage the establishment in which they are employed
 SIL of 5 days
 May be used for sick and vacation leave
 Unused service incentive leave is commutable to its money
equivalent at the end of the year (XPN: kasambahay)
 Part-time workers:
 Basis: salary rate of the date of conversion
 Curious Animal Doctrine: the EE may choose to either use

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 b. Customarily and regularly direct the work of two or more EEs therein; his leave credits or commute it to its monetary equivalent if not
c. Have authority to fire or hire other EEs of lower rank; suggestions + reco as exhausted at the end of the year. In other words, EE who has
to hiring, firiing are given particular weight served for one year is entitled to it. He may use it as leave days
4. Officers or members of managerial staff, if they perofrm the ff. Duties or he may collect its monetary value.
a. Primarily perform work directly related to MGT policies of their ER;
b. Customarily and regularly exercise discretion and independent judgment;
c. Regularly and directly assist a proprietor or managerial EE in the MGT of
establishment; executed work along specialized or technical lines requiring
special training, experience, or knowledge; or execute special assignments
d. Do not devote more than 20% of their hours worked in a workweek to
activities which are not directly and closely related to the performance of
the work described above.
5. Field personnel and those whose time and performance are unsupervised by the ER
including those who are engaged on task or contract basis, purely commission basis,
or those who are paid a fixed amount for performing work irrespective of time
consumed in the performance thereof
6. Already enjoying this benefit
7. Enjoying vacation leave with pay of at least 5 days
8. Those employed in establishments reguarlyl emplying less than 10 EEs.
9. Members of the family of the ER who are dependent on him for support;
10. Those who have NOT rendered 1 year service; and
11. EEs of establishments exempted by the Secretary of Labor after considering the
viability or financial conditions of such establishments.
Expanded Maternity Leave Female workers in: Benefits
1. Public sector; 1. 105 days for childbirth, regardless of mode of delivery + 15
2. Private sector; days if qualified as solo parent
3. Informal Economy; 2. 60 days paid leave for miscarriage and emergency termination
4. Voluntary contributors to the SSS; of pregnancy
5. Female national athletes 3. Amount:
a. GR: SSS maternity benefits computed based on their
Note: all covered employees regardless of civil status, employment status, and the average daily salary credit + salary differentials to be
legitimacy of her child, shall be granted the benefits. paid by the ER, if any
b. XPN: certain ERs who are exempted from salary
differentials
[1]. Public sector – regardless of employment status and length of service in national i. Distressed establishments
gov’t agencies, LGUs, GOCCs, ii. Retail/service establishments and other
enterprises emplying not more than 10
Consecutive pregnancies and multiple childbirths: in case of overlapping maternity workers;
benefit claims, the female shall be granted maternity benefits for the two contingencies in a iii. Micro-business enterprises and engaged in
consec manner. The female shall be paid only one maternity benefit, regardless of the the production of prodcuts includig agro-
number of offspring, per childbirth/delivery. processing, trading and services whose
total assets: not more than P3M
iv. Already providing similar or more than the
[2]. Private sector –
benefits provided under an existing CBA,
Requirements:
company practice or policy
 3 monthly contributions in the 12-month period immediately preceding the
4. Option to extend 30 days WITHOUT pay in case of live
semester of childbirth, miscarriage, or emergency termination of pregnancy
childbirth
 Notified her ER of her pregnancy and probable date of her childbirth
5. Paid maternity leave, allowances and benefits granted to femal
national athletes; and
Amount: 6. Health care services for pre-natal, delivery, postpartum and
 SSS maternity benefits -> full pay advanced by ER to be reimbursed by SSS to pregnancy0related conditions granted to female workers.
the extent of 100% of her average daily slary credit for 105 days, 120 or 60 days
as the case may be + salary differentials to be paid by ER which is the difference
Frequency of grant: it shall be granted to a qualified female worker in
between the full salary and the actual cash benefits received from the SSS;
every instance of pregnancy, miscarriage or emergency termination of
 as to self-employed: SSS shall directly pay the maternity benefits.
pregnancy regardless of frequency.

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 Consecutive pregnancies and multiple childbirth: overlapping 2 maternity benefit
claims, granted maternity benefits for the two contingencies in a consecutive manner +
female member shall be paid only one maternity benefit regardless of the number of
offspring, per childbirth/delivery.

[3]. If remitted at least 3 monthly contri in the 12-month period imemdiately preceding the
semester of her childbirth, mis carriage, or emergency termination (married or unmarried
woman)

[4]. Shall continue receiving her allowance and be entitled to the same benefits while on
maternity leave prior to childbirth and up to 6 months after, unless she can resume sooner.
Paternity Leave  Every married male employee in public + private sectors, regardless of his Benefit: 7 calendar days with full pay for the first 4 deliveries of legitimate
employment status. spouse with whom he is cohabiting. Note: even if not living together
because of workstation -> still entitled.
Conditions for availment
 EE at the time of delivery of his child; When granted: AFTER delivery by his wife.
 Cohabiting with his spouse at the time that she gives birth or suffers a miscarriage
 Applied for paternity leave with ER within a reaosnable period of time from the Note:
expected date of delivery by his pregnant spouse or witghin such period as may be  Said leave shall NOT be convertible to cash and shall not be
provided by company rules or CBA; and cumulative.
 His wife has given birth or suffered a miscarriage
Parental leave for Solo Granted a parental leave to solo parent who has rendered service of at least 1 year, to Benefit: leave of NOT more than 7 working days every year.
Parents enable him/her to perform parental duties and responsibilities where his/her physical
presence is required. Note:
 This leave is add’tl leave benefit which is separate and distinct
Conditions for availment: granted to any solo parent or individual whi is left alone with from any other leave benefit.
the responsibility of parenthood due to:  7-day parental leave is non-cumulative.
1. Giving birth as a result of rape or other crimes against chastity;
2. Death of spouse;
3. Spouse is detained or serving sentence (penalty: 1 yr);
4. Physical and/or mental incapacity of spouse certified by a public medical
practitioner;
5. Legal separation or de facto separation from spouse for at least 1 yr
6. Declaration of nullity or annulment of marriage as decreed by a court or by a
church (so long as he is entrusted with the custody of the child);
7. Abandonment of spouse for at least 1 yr;
8. Unmarried father/mother who has preferred to keep and rear his/her child
instead of having others care for them or give them up to a welfare institution;
9. Any other person who solely provides parental care and support to a child
10. Any family member who assumes the responsibility of head of family as a result
of the death, abandonment, disappearance, or prolonged absence of the parents
or solo parent.

Child: unmarried, unemployed, below 18 yrs, or even above 18 but is incapable of self-
support because mentally/phsyically challenged.

Entitled to parental leave:

 Rendered at least 1 yr of service, whether continuous or broken;
 Notified his/her ER that he/she will avail himself within a reasonable period of
time;
 Presented to his ER a Solo Parent Identification Card which may be obtained
from the DSWD
Leave benefits for women Condition: Benefit: 2 months with full pay based on her gross monthly compensaiton
workers under RA 9710  Woman EE, regardless of age + civil status, following surgery caused by gynecological disorders.

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  Having rendered continuous aggregate employment service of at least 6 months
for the last 12 months Gynecological Disorder – disorders that would require surgical procedures
such as dilatation and curettage and those involving female reproductive
Conditions for availment organs such as vagina, cervix, uterus, fallopian tubes, ovaries, breast,
 Rendered at least 6 months continuous aggregate employment service for the adnexa and pevil floor.
last 12 months prior to surgery;
 Filed an application for special leave with her ER witin a reasonable period of When granted: after she has undergone surgery, without prejudice to an
time from the expected date of surgery or within such period as may be provided ER allowing an EE to receiver her pay before or during the surgery.
by company rules or CBA; and
 Undergone surgery due to gynecological disorders as certified by a competent
physician. Note: non-cumulative and non-convertible to cash unless otherwise
provided by CBA
Leave benefits for women Granted to victims. Benefits: 10 days with full pay consisting of basic salary and mandatory
workers under RA 9262 allowances fixed by the Regional Wage Board, if any
Conditions for availment: victim-employee to present her ER a certification form the
barangay chairman or brgy councilor or prosecutor or Clerk of Court, that an action relative Note:
to the matter is pending.  This leave is in addition to other paid leaves under the Labor
Code + Civil Service Rules and Regulations.
 This leave benefit shall cover the days that the woman EE has
to attend to medical and legal concerns.
 This leave is NOT convertible into cash and shall not be
cumulative

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