I. Executive summary

When an employed SSS member files a maternity benefit application (MBA) in My.SSS but the employer fails or refuses to confirm/certify it, payment can be delayed. The law nonetheless obliges employers to cooperate with SSS processes and to comply with the Expanded Maternity Leave Law (EMLL) and the Social Security Act. If internal follow-ups fail, you can (1) document the non-confirmation, (2) trigger SSS intervention, and (3) pursue labor remedies via DOLE, with judicial routes available as a last resort. This article explains the legal bases, common roadblocks, and concrete step-by-step escalation paths—including templates and evidence checklists.

II. Legal foundations and duties

Expanded Maternity Leave Law (RA 11210 and its IRR)
- Grants paid maternity leave to eligible women workers in the private and public sectors.
- For private sector workers, employers must grant leave and pay the worker, subject to SSS reimbursement rules and the employer’s obligation to shoulder any salary differential (unless validly exempt).
- Prohibits interference with a woman worker’s maternity benefits and penalizes non-compliance.
Social Security Act (RA 11199) and SSS issuances
- Entitles qualified SSS members to maternity benefits based on posted contributions and qualifying contingencies (childbirth, miscarriage, emergency termination of pregnancy).
- Requires employers to cooperate with SSS verification (e.g., employment status, contributions, separation, no-pay certifications) and maintain accurate contribution remittances.
- Authorizes SSS to investigate and sanction employer non-compliance; members retain the right to claim benefits despite employer inaction, subject to proof.
Labor Standards and DOLE enforcement
- DOLE may enforce maternity leave and pay obligations; employees can file money claims and complaints for non-grant or obstruction of benefits.
- SEnA (Single-Entry Approach) provides a quick, no-cost, 30-day conciliation-mediation track before formal complaints.

III. How employer confirmation fits in the payment flow

For employed members, the My.SSS MBA typically requires employer certification/confirmation (e.g., employment status, actual leave, average daily salary credit info) so SSS can validate entitlement and compute benefits or validate reimbursement.
If the employer is non-operational, dissolved, or unreasonably non-responsive, SSS can accept alternative proofs (see Section VII) and may process the claim after manual evaluation or through branch escalation—especially where the member’s entitlement is otherwise clear (adequate contributions; proof of contingency; proof of employment/separation).

Key takeaway: Employer confirmation is the standard route—but it is not the only path to vindicate a valid claim. You can push SSS and DOLE mechanisms to move the claim despite employer inaction.

IV. Common scenarios when confirmation stalls

HR delays/oversight: No assigned My.SSS approver, or unfamiliarity with the online workflow.
Dispute on employment status or salary: Employer contests your status (probationary, project-based, separated) or reported earnings.
Company closure or hiatus: No staff to confirm; account credentials lost.
Retaliatory non-cooperation: Refusal to confirm due to strained relations, resignation, or ongoing disputes.
Contribution gaps: Employer failed to remit contributions; SSS needs reconciliation before paying.

V. Immediate steps (practical playbook)

Step 1 — Get your file in order

Core proofs: government ID; proof of pregnancy and outcome (e.g., medical certificate, ultrasound, birth certificate, fetal death certificate as applicable); hospital/clinic documents.
Employment & pay: latest payslips; employment contract/HR certification; approved leave application or email trails; certificate of separation and “no-advance/no-pay” statement if you already left the company; contributions printout from My.SSS.
MBA records: screenshots of your submitted MBA and all date-stamped follow-ups to HR (email, chat, letters).

Step 2 — Formally request employer confirmation

Send a polite, written demand to HR and your authorized signatory (include the My.SSS Transaction No.). Give a clear deadline (e.g., five business days) and attach your documents. Ask them to:

Confirm the MBA in My.SSS;
Certify your employment/leave dates;
Provide any required “no-advance” or “no salary differential” statements, if relevant.

Tip: CC a general company address (e.g., info@, hr@) and your immediate supervisor for redundancy. Keep proof of delivery (read receipts, courier registry).

Step 3 — Nudge with internal escalation

If no response by your deadline:

Follow up with a second written notice referencing your first letter, and mention that you will seek SSS and DOLE assistance if they do not act.
If the company has an internal grievance channel or a compliance/legal officer, copy them.

VI. External escalation paths

A. SSS routes (administrative)

File a Member Assistance/Complaint at the SSS Branch or via official help channels. Bring:
- Your MBA Transaction No. and screenshots of “Pending Employer Confirmation” (or equivalent status);
- Your documents from Section V;
- Proof of employer non-response (emails/letters).
Request manual evaluation or override of employer confirmation, especially if:
- The employer is closed/dissolved (bring mayor’s/SEC documents if available, or photos of closure, or sworn statements);
- You are separated and can submit a certificate of separation and no-advance/no-pay certification;
- You can independently prove employment and qualifying contingency, and your contributions are on record.
Report employer violations (e.g., non-remittance; refusal to cooperate). SSS may audit or issue compliance directives. This can prompt employer action.

B. DOLE routes (labor standards enforcement)

SEnA (conciliation-mediation): File a Request for Assistance (RFA) at the DOLE Regional/Field Office where the employer is located. Indicate:
- Non-confirmation of SSS MBA;
- Non-grant of maternity leave pay / salary differential (if applicable);
- Any retaliatory acts (e.g., refusal to issue separation/no-pay certificates).
Labor standards complaint: If SEnA fails, file a formal complaint for:
- Non-grant/underpayment of maternity leave benefits;
- Failure/refusal to issue records required by law (e.g., payslips, certifications).
Money claims/NLRC: For purely monetary claims or disputes intertwined with dismissal/constructive dismissal, pursue the appropriate forum (NLRC or DOLE, as jurisdictional rules require).

C. Criminal/administrative exposure for employers

Persistent non-compliance with EMLL and the Social Security Act can result in administrative fines and potential criminal liability. Citing these risks—in measured language—often motivates cooperation.

VII. Evidence kits and special situations

A. Standard “employed and active” case

MBA submission proof (Txn No., screenshots)
Company ID/contract/payslips
Medical/birth documents
Emails/letters asking for confirmation

B. Separated before delivery

Certificate of separation (with exact effectivity date)
No-advance/no-pay certificate for the contingency
Proof of contributions within the qualifying period
DOLE—if employer refuses to issue the above certificates, seek an order to compel

C. Employer closed/dissolved/dormant

Any closure proof (mayor’s certificate, SEC records, photos, news, landlord statements)
Sworn statement narrating attempts to contact the employer
Request SSS manual evaluation and processing without employer confirmation

D. Contribution gaps

My.SSS contributions ledger
Payslips showing deductions
File with SSS for employer delinquency; ask SSS to post/credit verified contributions for computation, while DOLE handles wage deductions issues

VIII. Timelines and prescription

Notify and file early: Do not wait. Early filing reduces disputes on status, salary credits, and documentation.
Late employer action: If the employer confirms after escalation, ask SSS to expedite computation/release based on the updated record.
Prescriptive periods: As a rule of thumb, SSS benefit claims are subject to prescription, so assert your claim as soon as possible and keep time-stamped proof of every step. (If you’re already late, still file; SSS and DOLE can advise whether tolling or exceptions apply.)

IX. Model wording you can adapt

1) Initial request to HR (email)

Subject: Request for My.SSS Employer Confirmation – Maternity Benefit Dear HR, I submitted my Maternity Benefit Application in My.SSS on [date] (Transaction No. [XXXX]). Kindly confirm/certify the application in My.SSS and issue the accompanying certifications (employment/leave dates; no-advance/no-pay; separation, as applicable). I’m attaching my IDs and medical/birth documents. May I request completion by [date, e.g., 5 business days] to avoid delay in processing? Thank you.

2) Follow-up/Notice of escalation

Subject: Second Notice – My.SSS Employer Confirmation Pending Dear HR, This follows my request dated [date]. The application remains pending for employer confirmation. Absent action by [new date], I will seek assistance from SSS and DOLE to facilitate processing. Thank you for your prompt attention.

3) SSS complaint/request for intervention (cover letter)

Re: Request for Assistance – Pending Employer Confirmation of Maternity Benefit I am an SSS-covered employee of [Employer]. My MBA (Txn No. [XXXX]) is pending due to non-confirmation. I attach proofs of employment, contributions, medical/birth documents, and my notices to the employer. I respectfully request manual/alternative evaluation and SSS intervention to compel employer cooperation or to process my claim based on available evidence.

4) SEnA (DOLE) statement of issues

Issues for conciliation: (1) Employer’s failure/refusal to confirm my My.SSS MBA; (2) Non-grant/underpayment of maternity leave and/or salary differential; (3) Refusal to issue certificate(s) of separation/no-advance/no-pay; and (4) Any contribution delinquencies affecting SSS processing.

X. Frequently asked questions

1) Can SSS pay me even if the employer never confirms? Yes—if you prove entitlement (qualifying contributions, contingency, and employment/separation status) and SSS accepts alternative proofs. Branch evaluation and employer compliance actions may be needed.

2) My employer won’t issue a separation/no-pay certificate. What now? Escalate via SEnA. DOLE can compel the employer to issue records or face sanctions; SSS can also process with sworn statements plus supporting evidence while pursuing the employer for compliance.

3) The company deducted SSS but didn’t remit. Flag both SSS (for posting and employer delinquency) and DOLE (for wage deduction violations). You can still pursue your benefit; SSS can validate and credit contributions based on proofs.

4) I filed late. Am I barred? Not necessarily. File immediately. Some requirements are time-sensitive, but SSS and DOLE may still process depending on the facts. Bring all evidence.

XI. Practical pointers to maximize success

Paper trail is power: keep PDFs of everything, with dates.
Be specific: quote your My.SSS transaction number in every message.
Align your facts: delivery date; leave start/end; employment/separation date; pay figures.
Parallel tracks: pursue SSS and DOLE simultaneously when the employer is unresponsive.
Stay civil but firm: you’re asserting legal rights; let the documents and agencies do the heavy lifting.

XII. Bottom line

Employer confirmation in My.SSS is meant to be routine, not a barrier. The law obliges employers to cooperate, and SSS + DOLE provide clear channels to move your claim forward. If HR won’t click “confirm,” your well-documented file—and a disciplined escalation—can still unlock your maternity benefit.