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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE
- A qualified employee infected with COVID-19 may claim sickness benefit from the SSS in the form of daily cash allowance for the number of days he/she cannot work due to sickness or injury.
- The SSS realizes the need to augment the lost income of an employee who contracted COVID-19. As such, aside from employed members, SSS also grants sickness benefits to self-employed, voluntary, and overseas Filipino worker (OFW) members.
- The SSS sickness benefit program provides daily cash allowance to qualified employees for the number of days cannot work due to sickness or injury. The said benefit extends to employees who are infected with COVID-19.
Related article: Salient Features of Republic Act No. 11199, amending Republic Act No. 8282, also known as the New Social Security Law of 2018
Amount of Sickness Benefit
The sickness benefit under SSS comes in the form of daily cash allowance for the number of days a member is unable to work due to sickness or injury.
The law says:
SEC 1. SICKNESS BENEFIT. – The Sickness Benefit is a daily cash allowance paid by the employer to the member who is unable to work due to sickness or injury for each day of compensable confinement or a fraction thereof, or by the SSS, if such person is unemployed or is self-employed, an Overseas Filipino Worker (OFW), a voluntary member who have been previously covered either as self-employed, an Overseas Filipino Worker (OFW) and non-working spouse. (Sec. 1 Rule 25, IRR of R.A. No. 11199)
The daily sickness allowance shall be equivalent to ninety-percent (90%) of the member’s average daily salary credit. (Sec. 5, Rule 25, IRR of R.A. No. 11199)
Qualifications to avail the benefit
An employee who is a member of the SSS may be eligible to claim sickness benefit if he/she meets a set of qualifications prescribed by the Implementing Rules and Regulations of the Social Security Act of 2018. As such, the law says:
SEC 2. ELIGIBILITY. – To qualify for the grant of the sickness benefit, the member must meet the following requirements:
i. Has paid at least three (3) monthly contributions within the twelve-month (12) period immediately before the semester of sickness or injury;
No contributions paid retroactively by self-employed, voluntary member, and OFW’s shall be used in determining his/her eligibility to sickness benefit wherein the date of payment is within or after the semester of contingency;
ii. Was confined for at least four (4) days either in a hospital or elsewhere as defined by the SSS;
iii. Has notified the employer, if employed, or the SSS, if unemployed or self-employed or voluntary member of the sickness or injury; and
iv. Has used up all current company sick leave with pay for the current year, if employed, except sea-based OFWs. (Sec. 2, Rule 25, IRR of R.A. No. 11199)
Notification requirement
An employee who is qualified to avail the sickness benefit has the duty to notify his/her employer regarding his/her sickness or injury, or the SSS directly if he/she is a voluntary member or a self-employed individual.
The law says:
SEC 3. SICKNESS NOTIFICATION REQUIREMENT. – The rules on notification in the grant of sickness benefit are as follows:
i. For hospital confinement, notification to employer is not necessary, however, the employer shall inform the SSS of such confinement in the prescribed manner within one (1) year from date of discharge;
ii. For confinement elsewhere, as may be defined by the SSS, the employee shall notify the employer of the sickness or injury in the prescribed manner within five (5) calendar days after the start of confinement. The employer shall in turn notify the SSS within five (5) calendar days after receipt from employee;
iii. For sickness/injury that occurred while working or within premises of the employer, notification by employee to employer is not necessary. However, the employer shall notify the SSS of such sickness/injury in the prescribed manner within five (5) calendar days after onset of sickness/injury;
iv. The unemployed or SE member, land-based OFWs, or VM including NW spouse, shall directly notify the SSS of the confinement in the prescribed manner within five (5) calendar days after the start of confinement, except when such confinement is in a hospital, notification to the SSS in the prescribed manner shall be within one (1) year from date of discharge; and
v. OFWs are given thirty-five (35) calendar days in filing sickness benefits. This applies only for confinement elsewhere as defined by the SSS. (Sec. 3 Rule 25, IRR of R.A. No. 11199)
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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