Magna Carta Special Leave Benefit for Women Employees

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  1. Hello maam nora…i was not aware of this magna carta special leave benefit until today where my husband ask me if me alam b ako regarding this benefit kc nalaman lng nya ito from his officemate na kung saan ung wife nka claim…i am working in a private company (bank)…i undergo hesterectomy( removal ofuterus) and also i had mayoma after my CS delivery…i have received my sickness benefit from my employer and SSS…does this magna carta special leave benefit applies in any private company or they may say that this does not includes in our list of benefit in the company…may i still claim/file the said benefit even it was a year ago already?..i had my operation last.April 21, 2016…me expiry po ba mag file nito magna carta.special leave?

  2. Hi ms.nora ask q lng po kng cnu ang pwdng mkaavail ng magna carta benifits? Naoperahn po last july 1,2017 tinanggal po ung left ovary q. Nka 60days leave po aq bli ung sss disability lng po ang benifits n maasahn q, my membership po b ang magna carta or any women can avail basta ngkaroon ng operasyon? Sna po ms. Nora mtulungn nyo aq salamat

  3. Hello po gud am!ask k lang po naoperahan ako last july 13 pero until now d ko pa po nakuha ung surgical memorandum ko ang sav po ng hospital wait pako ng 1 week.advise naman ng employer k para maka avail ako nag magna carta dapat after 5 days ng opera ko complete reqs.na dapat.payo po un 1 week pa daw sav ng hospital?opd po kc ako.

  4. hi ms.nora!ask ko lang po sana if covered pa ng magna carta special leave kahit na ligated na?

  5. Hi. I would like to ask if I can still take advantage with the magna carta leave for women. I had an ectopic pregnancy surgery last April 11,2017. I was able to take advantage with my sss maternity benefits already.Please let me know. Thanks a lot and looking forward for your immediate response.

  6. Hi Ms Nora naraspa po ako last April 30 because of excessive bleeding (but im not pregnant) biniopsy po yung nakuha sakin then I was diagnosed to have Simple Hyperplasia with mild atypia, my doctor advice me to have a total abdomen hysterectomy surgery to be scheduled probably next month. Sabi po ng HR namin cover daw po yung upcoming surgery ko for magna carta leave. I would like to ask po if yung raspa ko po ba nung April is pwede din ifile as magna carta leave? two weeks din po ksi yung nileave ko after the raspa. Ngaun ko lang din po kasi nalaman about this or yung upcoming surgery ko lang po ang qalified?

  7. Hi mam. Ask ko lang po if covered po ba ng magna carta special leave pag nanganak? According po sa hr namin wala daw po kasi akong maternity leave dahil kailangan daw po dapat 1yr or more na akong employed. Anyways government employee po ako. August po ako expected na mag leleave and that time po 8months na po akong employed.

  8. ms nora naraspa kasi ako last October 2016 dahil sa abnormal uterine bleeding. unaware po ako sa leave na magna carta even hr head Hindi ako ininform abt it cover b ng minor surgery yung ginawa sakin for magna carta.and possible b na maka claim p ako khit tapos na salamat po

  9. Hi po.Question lang po.Tomorrow po,June 16,nakachedule po ako for myomectomy which is a major surgery according sa dr ko and nasabi ko na po sa HR namin.I was asking her kung pano magfile for magna carta pero ang binigay lang niyang forms sa akin is for sss and philhealth…halos pareho po ang requirements sa sss at magna carta according sa website.Iba pa po ba form na para sa magna carta?salamat po.

  10. I have undergone full hysterectomy in August of 2016 because of adenomyosis or adenomyoma. I was not informed by our hr about this because we have some issues. I come across about this special leave granted for women last week? Can I still file for this special leave? what DO i need to do?

  11. Good pm maam gusto q lang pong iveryfy qng qualified pa din po aq sa benefits under magna carta for women kasi po naraspa po ako nitong June9,2017 hindi po kasi natuloy ung pagbubuntis ko nakita po kasi sa first ultra sound ko na wala na pong baby nag collapse daw po ung pinaka bahay ng baby. 9weeks and 10days na po un May23,2017 po aq nag pa ultra sound then May25,2017 ung follow up check up ko sa OB. Sabi po ng company namin ifafile po ito sa SSS. Tinanong ko po sa TL ko kung qualified po aq sa benefits ng magna carta sabi po nya hindi. Maam qualified pa din po b ako sa benefits ng magna carta for women kahit may SSS na po ako. Ipapasok po sya sa maternity leave. Naka lagay po pala sa record misabortion then D&C ung operation procedure

  12. Thank you so much Ma’am Nora for answering all my questions and pacifying my thoughts whether i am eligible or not for the Magna carta leave and benefits. More power to you and God bless!

  13. Hi Mary ann, yes, incision biopsy is covered under Special Leave. It’s minor procedure. Leave is 2 weeks or less, and also depends on how many days the surgeon gave you, as written in the medical cert. Did you notify your employer? If without notification, the procedure should be emergency. Call your HR and ask what documents should you submit to avail of Magna Carta Special Leave.
    About the age-45-limit, wala akong makitang law about this, pero I think decision ito ng SSS executives. Ang argument nila is 45 daw kasi ang usual age na hindi na mabubuntis ang babae, so hindi na raw need yong breast or ovaries (for those underdoing hysterectomy, ganito rin na merong age-45 limit), which is nakakatawa rin na argument. Age should be less than 45 daw.

  14. Hi Ma-an, sorry, pero nasa DOLE May 2012 Dept. Order kasi na “the woman employee should have been with the company for twelve (12) months prior to surgery.” I hope you got your SSS sickness benefit.

  15. Hi mrs Nora. I dont know if my inquiry was posted cause i dont see it. But then, i had surgery po yesterday. Incision biopsy and malaki and nakuha nilang breast mass. Mahaba po ang cut under my breast. Is that type of surgery covered by gunecological disorder? One more po.. sa SSS po may disability benegit po sila but accfg to them, til age 45 lang daw po ito maaaring i-avail. Tama po b yun?

  16. Hi mafam. I had surgery last year around december diagnosed po ng ruptured ovarian cyst. unfortunately wala pa akong one year at that time. Ndi po b ako covered by magna carta law?

  17. Hi raquel, glad to know there’s no malignancy. I hope you filed your special leave before your surgery, so that your employer knows. Pero even if you filed ordinary leave lang, I think puede na. Leave pa rin naman yan. As per the law kasi, prior notification is needed to avail of special leave. Pag emergency surgery, hindi na required ang prior notification. Call your HR and ask what documents they need in order for them to give you your leave pay for special leave. Tell them your surgeon gave you 2 months of leave. Yes, mastectomy qualifies for Special Leave. It’s a major procedure so it’s eligible for 60 days leave. Ang benefit mo is your employer will give your salary for the 2 months you’re on leave — puedeng advance, puede ring during payroll time. File also for your SSS sickness benefit. This is in addition to your special leave benefit.

  18. Good pm po,nagpa bilateral mastectomy po kase ako yung finding ng ultrasound ko is suspicios abnormality.biopsy needed.at dahil din po nagka cancer po yung nanay at younger sister ko po.Salamat sa Diyos at no malignancy po both breast.binigyan po ako ng 2 mos leave.ang tanong ko po.qualified po ba ako sa magna carta benefits? at ano po ang benefits ko po galing sa employer ko po.maraming salamat po

  19. Hi Cheize, kung emergency surgery, puede pa ring mag-claim ng special leave. Nasa law yon. Sabi mo, nag-file ka na ng emergency leave? Call your HR and inform them that you will file for special leave para malaman mo yong documents na nire-require nila for special leave. Ano ba ang naging surgery mo?

  20. Hi po. Kaka minor surgery ko lang and hindi ko ito pinaalam sa employer ko kasi outpatient naman at 7 days lang ang rest ko. Then pagbalik ko sa OB biglang nilagay ng OB ko rest for 60 days. Magkakaissue po ba ako sa pagavail ng special leave dahil di ko sila ni notify and hindi din ako nakapagfile ng leave ahead of time. Ang naifile ko ay emergency leavr after ng operation… Thanks

  21. Hi Meane, hindi ko ba nasasagot yong question mo? Very sorry if I keep missing your Qs. Hindi tama yong pagdeduct nila. Ang SSS sickness benefit ay separate sa Magna Carta Special leave — maliwanag na nakalagay yan sa Magna Carta law. I’ll send you the document. Ilang days ang ibinigay ng OB mo for recuperation? Ginamit mo ba itong days for leave and recuperation? Habang naka-leave ka ay hindi ka binigyan ng salary? Ang dapat nangyari is naka-leave ka then binayaran ka ng salary every payday? Nasa work ka na ba uli? Hindi encashable ang Special Leave — dapat nag-leave ka at binigyan ka ng sahod every payday. Then yong SSS sickness benefit mo ay binigay sa iyo

  22. Hi ms nora nakakailang comment na po ako
    ask ko lang po Kung tama po bang iless ng agency namen Ang sss sickness benefit ko po SA magna carta benefit na makukuha ko? Malaking tulong po SA akin na ako po ay inyong matulungan . Hindi ko p dn po nakukuha ung SA magna carta ko po ako po ay natanggalan ng ovary. Salamat po

  23. Hi Bernadeth, based on RA 9710, the special leave can start right after the surgery, or a few days before the surgery. The purpose of the leave is to give an adequate recuperation period for women, so I think it cannot be deferred for another month or months in the future. The law also says it’s not encashable. But ask your admin or HR head about it.

  24. Hello good pm. If the one availing the special leave under r.a.9710 is a teacher and it happens that the operation fall during summer is it right that that the leave start on the beginning of the school days? Can she choose the date when to avail such leave?

  25. Hi Yuri, yes, you’re right, company sick leave is not mandated by law. Since your company has set its policy about sick leave vs Magna Carta leave, if your OB/surgeon gives you 60 days to recuperate, then your employer will most likely pay your salary for 10 days (company sick leave) and for the next 50 days (for Magna Carta leave benefit, in advance or every payday). It’s your SSS sickness benefit that will be separate and will be additional to your Special Leave benefit.

  26. Hi Melanie, yes, eligible ka for SSS sickness benefit if you contributed at least 3 contributions within April 2016 to March 2017

  27. Hi Ms Nora. As per my understanding of the Section 8 Magna Carta, the special leave benefit is added on top of existing statutory leaves. Sick leave is not a statutory leave and not mandated by law, it is a perk that the company provides us. Please advice if my understanding is correct. Also, as per our company I need to exhaust my sick leave first before the magna carta applies. But here comes my concern, since special leave says 60 days leave and I have 10 days sick leaves, does that mean they are going to subtract 10 days from SL to the 60 days as mandated by law, does sound right. What is your thought about this?

  28. Gudpm Tanung ko lang po makakapagclaim po ba
    Ako ng sss sickness claim last payment ko po sa sss
    Nung Feb. 2017 nagresign po kasi ako sa work na eh n
    Ngaun maooperahan po ako ng endometriosis this
    Coming June 2,2017

  29. Hi ms nora ask ko lang po Kung tama po bang iless ng agency namen Ang sss sickness benefit ko po SA magna carta benefit na makukuha ko? Malaking tulong po SA akin na ako po ay inyong matulungan . Hindi ko p dn po nakukuha ung SA magna carta ko po ako po ay natanggalan ng ovary. Salamat po

  30. Hi Mary, ask your HR about your company’s Special Leave policies. Meron bang form to fill up? Ang common rule naman is to notify them before the procedure. The number of leave days will be the one to be recommended by your surgeon. See this list of gynegological disorders covered. Check the list under Cervix. Ask your OB kung alin diyan ang procedure mo. You will also ask your HR to notify SSS for your SSS sickness benefit.

  31. Hi Ms. Nora, i was scheduled by my OB-Gyne to undergo D & C and removal of endocervical polyps, if my IM will give me clearance. After undergone some medical test my IM gave me clearance to proceed with the surgery. I have informed my employer verbally about my procedure but have not yet filed a leave application because I have not yet secured a clearance, and now that I have his clearance, I will file my leave a day before the procedure, will it not affect my Magna Carta (special leave) benefits? Thank you and God bless po.

  32. Hi may emplyado po kami na nakamaternity leave tpos po they removed the right ovary kasi po may nakitang bukol.qualified po ba sia under magna carta.

  33. Hi ms nora. Nakapagapply po ako ng magna carta at sss sickness . mas nauna ko po ifile ung sss kaya po nung iuupdate ko po ung employer ko po about sa magna carta binigyan po ako ng computation niless po nila ung nakuha ko sa sss sickness dahil po mas inuna ko pa daw po ifile ung sa sss. Tama po ba un?

  34. magpapa raspa po ako, endocervical polyp? cover po ba ako ng magna carta? kahit teacher po ako sa isang parochial school at nde malaking company?

  35. Hi Nora, will the magna carta pay for 2 months taxable or entirely gross? No tax deductions? The law states that pay should be based on gross but not clear whether taxes will still be applied.

  36. Good day po! Matagal na po ako nagse-search kung covered po sa Special Leave for Women ang ligation. Kaya lang po wala ako makitang direktang sagot and proof. Sana po masagot nyo kasi po ni decline po ako sa company namin. 🙁 Hope to hear from you soon. Thanks in advance.

  37. Hello Nora,

    Ask ko lang if covered din ba yung buntis tapos niraspa? nakita ko kasi covered naman ang raspa pero hindi kasi nakalagay yung cause ng raspa, in general na ba yun? basta na raspa eh cover ng special leave benefits.

    Thank you.

  38. Hi Ms. Nora ask ko lang po last Feb 14,2017 po nag undergo ako ng diagnostic curettage. Minor case po, I am currently employed po but ngayon ko lang nalaman yung about sa magna carta, pwede ko pa rin po bang I file to??

  39. Hi Ms. Nora , just had my abdominal hysterectomy Mar. 28 , already passed all requirements to my employer. I had my first magna carta pay april 15 but received news that my magna carta pay for the end of the month would be placed on hold for I’m only with the company for more than 6 months. Can I still contest this?

  40. Hi Christine, yes, you can avail of both SSS sickness and Magna Carta Special leave. I have not read of any limit in the number of SSS sickness leave claims. About Magna Carta, the rule says an employee can avail for every gynecological surgery of up to 60 days per year. It did not say up to 60 days per 12 months, so I’m assuming the rule meant per calendar year, so you can claim again.

  41. Hi, I had mastectomy last August 2016 I filed for SSS sickness benefit and Magna Carta which my company paid me for 60 days. Now, I have an endometrial cyst on both ovaries, I’f I will undergo another operation am I still eligible to file Magna Carta leave since I already used it last year? Will I still be able to file SSS benefit? Please advise. Thanks

  42. Halu po ms.Nora. Is infertility treatment for blocked fallopian tube, e.g. IVF treatment can be covered under magna Carta special leave benefits? Thanks

  43. Hello Nora, ask ko lang po, na operahan po kasi ung asawa ko due to ovarian cyst, (tinanggal ung right ovary) after po nun, nag file ako ng sss sickness benefits + magna carta, sabi po ng HR staff nmin eh after pa daw po ng sss sickness benefits ma cclaim ung magna carta. also, sino po ba magbabayad kay employer ng magna carta? kasi po diba ung set up sa sss is employer will advance the payment on befalf of SSS. pero sa magna carta shoulder lng po ba ng company un or sa SSS din mangagaling?

  44. Hi Rossennie, yes, you referred to the correct provision of the law. What was the procedure done? For cystectomy, usually 60 days ang ibinibigay. Pag cyst aspiration or drainage, around 2 weeks. Try to compute. What’s your average daily pay (from company) when you had your CS? If your SLB computation is higher than your maternity benefit, then you can ask your HR about requesting for the difference. They might ask you to submit a medical certificate from your OB so they will know what procedure was done and the recommended leave days for that procedure.

  45. Hi! Gud pm po.I undergone a CS last October 8, 2017 for my 2nd baby. At the same time may tinanggal din po na cyst sa left ovary ko kasabay n ng panganganak ko. SSS paid me 78 days for Maternity Benefit. I’m back for work last December 28, 2017. Am I also entitle to claim the Special Leave Benefit? If so, ilang days po pwede bayaran saken ng company? Based sa nabasa ko po “Where the woman employee had undergone surgery due to gynecological disorder during her maternity leave, she is entitled only to the difference between the SLB and maternity leave benefit”. Looking forward to hear from you.

  46. Hi Beth, yes, you’re correct, the Magna Carta Special Leave benefit is different from the company leave benefit. It’s also different from the SSS sickness benefit. But since this Magna Carta is non-convertible to cash, ask your HR to revert or credit back the 60 company sick leaves that you availed of, and instead apply your Magna Carta leave. This means that your total accumulated sick leaves prior to your surgery stays the same – walang bawas na 60 days. Sabi sa Magna Carta law, i-apply muna yong Magna Carta before the company sick leaves are applied. Will send you the DOLE guidelines

  47. Hi po! Sa company namin nag aaccumulate ang sick leave namin 13 years na po ako dito. naoperahan ako ng abdominal hysterectomy noong feb 22, 2017 nag file ako ng magna carta ng 2 mos, at sick leave na 2 mos, kiniclaim ko po ung magna carta pero sabi hr namin pinapasweldo daw ako un na raw po ung magna carta. Eh sabi ko un ung leave credits ko . DI po na magkaiba ang sick leave tsaka magna carta! Pls help kc po ayaw ibogay ung magna carta, thanks po

  48. Hi Rachelle Ann, it’s sad to know about what happened, and sorry, tama yong employer, hindi gynecological disorder ang pre-eclampsia, kasi high-blood disorder ito during pregnancy. Itong Magna Carta special leave ay for gynecological disorders lang. Merong list dito ng gynecological disorders eligible for Special leave benefit. Naka-claim ba kayo ng SSS maternity benefit?
    Yong SSS disability benefit, which could have been filed after the 78-day maternity benefit, hindi ko lang alam kung puede pa, kasi usually kapag disability, dapat ma-examine ang member physically, but if you have complete medical papers to prove that she was bedridden and had permanent disability, baka puede pa. Within 10 years naman ang filing period, pero hindi ko sure sa case ng member who passed away na. Magtanong na lang sa nearest SSS. Bring your IDs and your papers.

  49. hi po., ask lang po kung qualified po ba ang nacs po for mgna carta benefit??she suffered from severe pre eclampsia., thank you po.,

  50. sori po wrong email ung nlagay ko instead of yahoo gmail po pla., ask ko lNg po if may sister po is entitled for magna carta nanganak siya tru emergency cs dhil nirevive po siya dat time., and afer nag severe pre eclampsia po siya., as of now po she passed away po last january 18, 2017., slamat po., sna masagot nio po ung tanung ko.,

  51. hi po, ask lang po ako.,may sister po ako na nanganak nung april 24, 2016., nagpre eclampsia po siya., and totally bed ridden na nung nailabas nmin ng hospital., actually po emergency cs po siya., nagfile po kami sa office nia ngmagna carta ang sbi po hndi nga daw po cover ung sister ko ng magna carta.,since for gynecological disorder lang siya., last january 18, 2017 she passed away po.,kaya po nagtanung na ako if cover po ba siya ng magna carta benefit po. thanks.,

  52. Hi Lagrimas, sana tinanong mo ang HR ninyo. Meron kasing mga documents na dapat ibigay mo sa kanila after your surgery para malaman nila kung ilang leave days ang ibinigay ng surgeon mo to recuperate. So ask your HR. Kung na-submit mo naman lahat ang ni-require nila at hindi ka pa nabayaran, i-follow-up mo rin.

  53. Hello po paano po pag claim ng benefits if 60 days ang leave pag na operahan ka ng Dec.14 2016 at ang leave is until Feb 14,2017 . Kasi ang binayaran lng po sa akin ay 1month yun ay Dec. 2016 lng po. Paano yung 1 month ng January 2017 covered pa rin po ba yun para sa 60 days? Pls comment po thanks po ulit

  54. Hi Myhra, yes, ovarian cystectomy is a major procedure. And your surgeon wrote 60 days, which is usually the basis of determining the no. of days, in addition to the list of gynecological procedures covered. But amendments to the law changed the specified “60 days” to “a maximum of 60 days,” meaning it can be lower no. of days. For major procedures — 22 to 60 days were set by the Civil Service.
    I don’t know the consequences if you insist on your 60-day leave, even if the manager was wrong in saying that it’s a minor procedure. Another issue is you already agreed with your manager to get back to work March 13, and you probably started work already yesterday, and that you filed a Fit to Work document March 13. Anyway, ask your HR to pay the rest (40 days- 14), as you said you were paid only 14 days. If you have not filed yet, file also a sickness leave benefit with the SSS. It’s a separate benefit.

  55. Hi Marianne, I wonder why your doctor recommended immediately surgery. Can’t they be treated by meds? Anyway, make sure your surgery is here in the list of gynecological surgeries covered by this Magna Carta special leave program. This benefit is paid by your employer. It’s based on your current average salary. Yes, you can claim both SSS sickness leave and Magna Carta leave benefits for the same surgery. Yes, it’s paid at the same time as your payroll dates that cover your leave dates.

  56. Hi Po,
    I was diagnose as Poly cystic so i need to under go with operation . I already ask our Hr if payable po ako if mag leave,sabi naman niya pde ko daw po gamitin ang magna carta leave.So paano po ito every pay out may matatangap ako?
    ask lng po ako sino po ang magbabayad nang Magna Carta Special Leave Benefit?
    and ok lang po ba na mag file ako nang sickness sa sss kahit na Im under the magna carta special leave,

    Please po help me .tnx

  57. Hi Ms Nora!

    I just had a cystectomy on my right ovary last January 30, 2017. It was an emergency procedure as my right ovary was already twisted because of thy cyst and blood could not flow properly. I had notified my employer after my surgery and upon discharge I filed for a 30 days leave using the leave credits I earned (7 sick leave and 3 emergency leave) from Jan 30-March 3. Out HRD paid only 14 days special leave under magna carta with the assumption that the procedure done on me was only a minor. I had no idea of the special leave from magna carta when i filed my leave but my surgeon told me that my recuperation period us 60 days as what she has written in my SSS sickness notification.

    Because I only filed for a 30days leave, I reported to work last March 6, 2017. But a former colleague told me last march 7 about the 2 months paid special leave for women under magna carta who had undergone surgery for gynecological disorder. Come May 8, i wrote a letter (thru email) our HR manager asking if i could still avail of the SLB from magna carta but she insisted that my surgery was only a minor. She asked me to secure a fit to work which i did last March 10 when I had my check up with my doctor. I had clarified with my doctor about the procedure done and she told me that it was a MAJOR procedure. On the fit to work certificate that I requested I told my doctor that I will be reporting to work on March 13, monday and so she wrote March 13.

    Question:
    Can I still claim for the 2 months special leave under magna carta?

  58. hello PO. may phyllodes tumor PO ako SA breast at maoopera ito during summer. teacher PO ako kaya may summer pay PO ako. may tatanggapin PO ba akong additional pay due to my special leave benefit (magna Carta)dahil maoopera PO ako during summer vacation? tnx po

  59. Hi Nenita, sorry ang Magna Carta special leave benefit ay hindi benefit ng SSS. Ito ay ibibigay ng employer bilang additional benefit. Depende na sa employer mo kung ibibigay pa nila sa iyo kasi resigned ka na. Kelangan kasi i-notify mo rin sila before surgery. Puede kang mag-file ng partial disability pension benefit sa SSS. Kuha ka ng forms sa SSS, fill it up, then have your doctor sign the parts that should be signed. Mas madali kung nag-file ka at na-enjoy mo ang sickness benefit leave mo when you were still employed, kasi medyo pareho lang ang paperwork.

  60. Hi I’m Nenita 50 y/o and i had an operation for Total Hysterectomy last january 27,2017. I already retired last February 28, 2016. Can i file to SSS for the benefits for Magna Carta for Women?

  61. Hello po, nasa HR po ako, hindi pa po gaanong aware ang management regarding sa benefits ng magna carta until january of 2016 saka lang po kami nakapagumpisang makapagbigay ng benefits tungkol dito at year 2016 na rin po kami nakagawa ng company policy regarding dito. Nung mga nakaraang taon po ay may isang nagclaclaim (si employee A), nangyari po ang kanyang operation february 2011 pero taong 2013 na po sya nagclaclaim. Hindi po ito naibigay sa kanya ng management dahil na rin sa matagal na itong nang yari bago nya ginawa ang claim. Taong 2016 po matapos naming magawa ang company policy regarding sa magnacarta ay muling lumapit sa management si Employee A para iclaim ang kanyang magnacarta sa company na nangyari noong Feb 2011. Siya po ba ay dapat pa ring makaclaim nito, pati na ang mga iba pa na maaring magclaim na sila ay naoperahan ng dahil sa gynecological disorders nong mga taon bago mag 2016 subalit sila ay hindi nakapagsubmit ng kahit anong dokumento para ito maiclaim?

  62. Hi question po, if the employee is availing the 60 days magna carta leave should she still be paid by company during the time of the leave?

  63. Hi ms. Nora, last Sept 2015 pa po ako na d&c nag tanong ako dati sa employer ko about magna carta then wala daw po kami nun. Can I still file my leave kahit matagal na po yun? May habol pa po ba ko to claim this benefit?! Yung sa sss na claim ko naman po yun.

    Hope you can help me.
    Thanks so much po.
    God bless!

  64. Hi Kristine, yes, separate sets of documents ang i-submit mo sa HR nio, kasi yong para sa SSS, ifa-file sa SSS. Yong sa Magna Carta mo, ask your HR kung puedeng photocopies para hindi ka na gagastos for original copies. About other benefits, wala na akong alam na iba, except kung merong health/hospitalization insurance or other organizations kung member ka.

  65. Hi Ms.Nora, naoperahan po ako due to endometriosis last feb 9 lang po. Di po ako familiar sa lahat ng benefits na pwede ko makuha although working naman na po ako. Sinabhan lang po ako ng isa kong kawork tungkol sa magna carta benefit for women. Nabasa ko po pwede sya maclaim ksabay ng sss sickness benefit dba po? Nung tumawag po kasi ako sa HR namin ang sabi nila is may form ako fillup then ung mga required docs from the hospital. Separate pa po ba ang filing ko nun or isa nalang po since iceclaim ko sila ng sabay dto sa operation ko po? Ano pa po ba ang alam nyo po na pwede ako mkaclaim malaki po kasi ang nabayaran ko sa hospital kasi hindi nacover lahat ng health card namin at philhealth so naghahanap ako ng ways na makaclaim para makabayad dun sa mga nahiraman ko sa nagastos ko sa ospital thank you po sa makakasagot sakin.

  66. Hi Leslie, opinion ko lang ito ha. If the ship is based and registered in the Philippines (domestic vessels), then yes, all eligible women employees are covered by this Special Leave benefit. But if the seafarer works for an international vessel, it is the POEA contract that is being implemented. I read the POEA 2010 “Amended Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers On-Board Ocean-Going Ships” and this Special Leave for women was not mentioned. I see only the payment of SSS, Pag-ibig, Philhealth contributions, the 2.5 days per month leave and shore leave. But there are employer-coverages for work-related surgeries. I saw in their list two conditions that could be gynecological: prolapse of the uterus and loss of one breast. There can be cases of emergency gynecological surgeries while a seafarer is currently employed and on-board that can be covered by the employer, depending on the decision of the ship physician and the contract.

  67. Hi Zynab, you are on leave, di ba? 60 days ba ang ibinigay ng ob-gyne mo? Call your HR and ask if the documents you filed for the SSS sickness benefit ay yon na ring yong documents to avail of the Magna Carta Special Leave for Women. Most likely, the docs you submitted are only for your SSS sickness benefit claim, pero ask them para clear.
    Aside from your SSS sickness benefit claim, which the SSS will pay you through your employer, ang employer mo should also pay you the same number of days (per your ob-gyne). Ang basis ng SSS ay yong salary credits mo; ang basis ng employer is your current salary (per day salary).

  68. Hi Thanks to your open forum. My querry is: do I need to file magna Carta for women to avail 2months leave with pay , how and where or to whom.
    I complied these:
    1.Pinasubmit ako medical certificate nang h.r
    2. I also submitted SSS leave notification requirements
    My tahbso was on Jan 31 2017, and currently waiting feedback from my h r , don’t have idea if they are aware of magna Carta for women since they haven’t mentioned it, I just learned through surfing Google on the benefits of working women on tahbso.
    Thank you.

  69. Hi Ellie, I’m not very sure, but based on what you said that you have no paid leaves and your employer does not even share in your SSS contribution payment, it’s most likely that you won’t be able to claim this benefit. It’s because it’s the employer that pays this benefit, and it’s paid as paid leave. Employees are also instructed to inform their employers prior to surgery, except in emergency cases. It seems that your work is that of an independent contractor, not employee. Please ask others too

  70. Hi Ms Nora,
    I underwent myomectomy and cystectomy last month.
    I am employed (private or public sector)
    I have been employed by your current employer for the last 12 months PRIOR to your surgery
    I have worked under your current employer for at least 6 aggregate months within the said 12 months
    I have undergone a surgery to treat your gynecological disorder
    (certified by your licensed gynecological physician)
    I have filed a Special Leave for the surgery with your employer at a reasonable time BEFORE undergoing surgery.

    The thing is I am a contractual employee. And I’m paying my own SSS benefits (voluntary).

    My contract states that there will be no paid leaves :(. With that, can I still avail this? Where should I file this?

  71. Ms. Nora,

    Hi Ma’am, na operahan po ako last Jan. 2016 due to endometrial cyst. Tinanggal po yong left ovary ko including yong cyst. Na inform ko po agad yong employer ko and nag submit na din po ako sa employer ng lahat ng requirements for SSS sickness benefit and for Magna Carta. After few days, na inform po ako ng HR namin na nai-file na daw nila sa SSS yong sickness ko and ma cover daw lahat ng SSS yong 60 days levae ko. And sabi din po ng HR namin per our Legal Dept. di na daw ako qualified for magna carta kc covered na daw ng SSS yong sickness benefit ko. Ano po dapat ko gawin, eh nag explain na ko sa kanila na based sa magna carta separate ang SSS benefits.

    Thanks po

  72. Yung 1st month nabigay po ng Dec. 2016 e Paano po yung magna carta ko for the 2nd month kc umabot ng january 2017? kc nag start ako ng Dec. 2016 di po ba 60 days max. Per year? Paano yung pang 2nd month?

  73. Hi Melissa, sorry I’m not so sure. What is stated in the rules is that you can claim for both if your gynecological surgery is performed during your maternity leave (employer will pay only the difference in benefit amounts, not the total amount for the gynecological surgery).
    But since ovarian cyst removal is done during CS, the medical documents might describe it as one procedure. Ask your ob-gyne about separating the medical documents so what you will submit to your employer are only for your ovarial cyst removal. will check again and be back

  74. Hi Macy, ask your HR about their SOP for this benefit. Do they have a form for you to fill up? Usually, companies require the employee to submit proofs of the surgery like medical certificate, operating room report, lab tests, etc. The number of days depend on what the ob-gyne writes on the medical certificate. Basis of computation will be your current monthly gross salary. I can’t find a rule on when the benefit is paid, but my opinion is that since this benefit is a leave pay, it should be paid on your pay days that cover the days of your leaves.

  75. Hello there! I underwent a surgery for gynecological disorder> I advise the company regarding that 2 weeks prior to surgery. It says that the company will pay for it before the procedure or during. It was done last Jan 6,2017 but as of the moment I haven’t received anything from the company.What I need to do.And is that true that theyre basis for the number of the days paid is the one that approved by SSS.

  76. Hi! what if po nangyari ang ovarian cyst removal during caesarian delivery? can one claim two benefits also, maternity and magna carta?

  77. Hi Sofia, eligible ang GSIS beneficiary kung siya ay currently employed, whether in the private or public sector, at nakapagtrabaho na siya ng one year sa current company or organization.

  78. Hi Jannette, huwag mong ibalik. Separate ang magna carta leave benefit from SSS sickness benefit. Dapat ma-enjoy mo both. Dapat makuha mo yang dalawang type of benefits for your gynecological surgery.

  79. Hi, Ask ko lang po kung nabigyan na ako ng para sa Magna Carta at nareceive ko yung sa SSS Sickness ko, dapat po na ibalik ko yun sa employer ko bilang bayad nya sa akin sa Magna Carta? Thanks.

  80. Hi naoperahan po ako ng April 2016 at nagfile ng Magna Carta. Hndi ko po nagamit lahat ng leave at may natira pa. Now January 2017 kailangn ako operahan ulit. Pwede ko ba ulit ifile ang Magna Carta benefit dahil may natira pa last year?

  81. Good day! as ko lang po yung case ng sister ko.Na operahan po siya Jan. 19 for breast mass excision biopsy. Is she quallified sa sickness benefit?

  82. Hi Gracie, what I know is that D&C is a maternity-related procedure. It’s not a procedure to treat a gynecological disorder. It’s not on the list of gynecological disorders under Magna Carta Special Leave program. D&C is covered by SSS maternity benefit as a miscarriage. File for SSS maternity benefit (usually 60 days of leave, as long as your ob-gyne did not write less number of days on your medical papers). Ask your HR too.

  83. Hi Miss Nora,

    I underwent D & C procedure last January 12, 2017. I have informed our HR 2 days prior the procedure (Just a verbal advise when I inquired about magna carta). They just gave me a form for Special Leave and advised me to submit it together with Operational Chart, Medical Certificate, Discharge Summary, and Histopath. I am planning to submit all documents on Tuesday January 24. And reading your notes, am I too late for this? Because I dont want my salary to be on hold on the 30th of January.

  84. Hi Shamel, depende na sa employer mo, kasi sila ang magbabayad ng 60-day leave mo. Kung pinapasok ka kahit alam nila yang Special Leave Benefit claim mo at sinabihan ka na they’ll pay your 60-day leave and at the same time, pay your salary for the same dates, okay. Pero kung pumasok ka na lang basta, baka sabihin nila “nag-leave ka on these dates lang, so we will pay only for these dates”.

  85. Hi Lagrimas, ang SOP is to notify your employer about your surgery and your Special Leave Benefit claim PRIOR to surgery. Puedeng AFTER surgery kung emergency surgery. Call your HR now and ask to file your Special Leave Benefit claim over the phone

  86. Hi Mary Jane, based on the Magna Carta rules, you should have worked for at least 6 months with your current company PRIOR to your surgery, so it means your leave for the surgery will not be counted. About waiting: If your doctor says it’s safe for you to wait, then you can decide to wait till you have a 6-month tenure. But talk with your HR, so you can find out how they’re implementing the Special Leave benefit.

  87. Hi irene, are you an SSS member? Have you paid at least 3 contributions within the last 12 months prior to Oct 2016? Do you have a histopathology report and other related papers? If yes, you can file for SSS maternity benefit so you’ll get paid for 60 days (the 2-week advice should not be in any of the docs to be submitted, otherwise, SSS will give only 2 weeks of paid leave).

  88. I am just with the company for 4 months and I am scheduled to have total hysterectomy by Feb. Does it mean I wont be able to file for magna carta or would it count for I’ll be on special leave? Or should I wait until I have 6 months tenure?

  89. hi, i was hired june 13 2016, i am a teacher. i had a d&c last tuesday and was advice a 2 weeks rest. am i qualified to have a paid leave?

  90. Hello po naoperahan ako last Dec 14,2016 ng Total abdominal Hysterectomy paano po ang claim ko ng magna carta kasi 60days days po ang leave ko. At na ka leave pa po aki until now … paano po ang pag claim .

  91. Hi Ms. Nora, If the recommended leave from ob-gyne is 60 days and I decided to go back to work in less than 60 days, will the employer pays for my 60 days leave?

  92. Hello .. I just want to ask a qurstion since my gitlfriend has undergone surgery as caesarian giving birth to a newborn baby .. We got a SSS benefit for mommies .. But should our company give her paid maternity leave for 2 months .. Because she was approved for 2 months leave but unpaid ?? Should it paid for 2 months ??

  93. Hi…Last June of 2016 i was treated for cryo theraphy since i was diagnosed of CIN 1 and given by our company a 12 days for magna carta and last November 2016 i underwent hysterectomyhysterectomy. As per advised by our company doctor since i was given 12 days magna carta last june it will be deducted for the 60 days total so i only have 48 days remaining for my magna carta. As per my computations i haven’t received the payment for the 48 days, and the amount for magna carta is it taxable? As per my ongcologists she has a patient had an operation same as mine who received a 99 days magna carta is there new updates for this law? Our company doctor said what the SSS number of days filed for sickness leave be approved that he ( our doctor) will rely on the number of days be given for magna carta. I’ve been searching the internet for this and as per my understanding correct me if I’m wrong please maximum of 60 days been given to a woman who went gynecological disorder is a law that should be follow by any government nor private company. It’s not the for the amount It’s about the law that needs to be follow by our company.Thank you very much .

  94. hi po i am currently undergoing radiation for 28 days and 6 sessions of chemotheraphy then after 4 session of brachytreament for my cervical stage 2b cancer, is this covered po ba of magna carta? thanks

  95. hi,

    I underwent an emergency D and C procedure last July. My supervisor was duly notified on the day I was admitted at the hospital and also on the day of my operation. I went to my company’s HR a week or so after the procedure to file and submit necessary paper works due to my sickness. When I spoke to the HR head, he told me that it takes a long time to approve Magna Carta since it have to pass thru a review of the medical board of the company. I didnt get any feedback from them about Magna Carta even after i came back to the office 3 weeks after the procedure.

    Now, I learned that i have to undergo a hysterectomy and when i was asking them the requirements needed for Magna Carta they told me they need the 1.) discharge summary with date and 2.) record of operation or histopath. But basing from what i read above, it says “You have filed a Special Leave for the surgery with your employer at a reasonable time BEFORE undergoing surgery.”

    Question:

    1.) Can i still file Magna Carta for my D and C procedure?
    2.) Should the application for Magna Carta undergo a review despite submitting all necessary papers?

    Thanks.

  96. Hi Ms. Nora! I applied for a maternity leave last October 19, 2016. Then last November 8, I have undergone hysterectomy (major surgery). I was applying for a Special Leave Benefit under the Magna Carta for Women which is good for up to 60 days. Then I was told by our superior that since I am applying for the Special LEave Benefit, My maternity leave will only be from October 19 to November 7, and the start of my Special leave benefit will be November 8. Since the maternity leave was not completed and it should be granted with pay, will I be able to refund the remaining 40 days?

  97. Hi. Went on minor surgery last nov.17, already filed magnacarta and as per my hr eligible na daw ako for that leave. Question, can i still apply for sickness benefit?

  98. Hi Jenny, wala akong makitang specific instructions. Pero dahil ito ay leave pay, usually nababayaran through payroll, kasabay ng mga payment of salaries for other employees na hindi nag-leave. Puede ring one-time payment on the pay day after your leave.

  99. Hi! Mam nora kung ang ibinigay nang doktor ay 7days 7days din po ba ang counter part ng leave formagna carta…ask kasi ng boss ko di dapat 14 days ang leave na cover ko…kung 2 day 2 days lang ang cover ni magna carta tama po ba yon…salamat po sa pagtugon…

  100. Hi. I just want to confirm lang po.. Naopehan po kasi ako nov.12,2016 after two weeks nagfile po ako ng magna carta.. Ang main concern ko po is ung sss sickness benefit. Since magna carta will be paid by the employer di ba.. Nag iinquire po ako sa sss over the phone, at sabi po nila, hindi na ako pede mag avail ng sickness since nagfile na ko for magna carta.

  101. Hi Khristia, I looked at this list of gynecological surgeries qualified for the magna carta benefit, and there’s no endometrioma mentioned, but endometriotic cyst and endometrial sampling are mentioned. But if your surgeon can make an addendum explaining the surgery so it can fit one of the qualified surgeries, then maybe your company doctor can review your surgery. The SOP is to notify the company before undergoing the surgery, but this can be disregarded if it was emergency, but anyway, I hope you can talk with your surgeon.

  102. mandatory po ba ang 2 weeks leave for minor procedure like sa ginawa sa akin Cauterization of cervix…need pa po ba approval ng opis bago ma avail ito…

  103. Hello! Will ENDOMETRIOMA covered by magna carta for women? I had my surgery on October 29 2016. I tried filing for magna carta at our office but our company doctor said it is not covered. I have all the documents from the hospital explaining the surgery that was done to me.

    Thank you

  104. Hi klen, yes, it’s covered. Minor procedure: Cauterization of cervix, any method (Disease: Cervical warts). Paid leave of 2 weeks or less

  105. Hi Babes, yes, we can claim the Magna Carta special leave benefit from our employer for our gynecological surgery, and at the same time, claim for sickness benefit from SSS. The SSS would not know or should not care whether we have claimed the special leave or not. It’s my first time to hear about what you’ve said about hysterectomy at age 42 only. Did SSS mean at least 42 years old? I’m puzzled SSS puts a minimum age to hysterectomy, as sicknesses do not choose age. Tanungin ko nga yang issue na yan sa Facebook page ng SSS. I’ll email you after they respond

  106. Hi does it mean we can claim under SSS and at the same time under the Magna Carta Special leave too? Its my first time to encounter such and I was just informed by a friend who was denied of SSS claim form as she was told that SSS can only claim hysterectomy at age 42 only… Hope you can enlighten me on this one… Many thanks!

  107. Hi Jennifer, was it a gynecological surgery? Have you worked for at least a year with your current employer? worked for at least 6 months within the past 12 months? Have you notified your employer? If you have not yet notified them, call them by phone because the SOP is you should have notified them at least 5 days prior to surgery. So I hope your case was emergency because if it is, the notification can be after the surgery. Since this benefit is paid for by the employer, the documents required vary from employer to employer. The common requirements are: Operating room record (Operative technique or surgical memorandum), Hospital abstract, Discharge summary, Histopath report, and Fit-to-work certification from the physician. You can also file for your SSS sickness benefit claim for the same surgery. They’re different benefits for the same surgery. So obtain 2 sets of original docs from the hospital.

  108. Please help me with the procedures of filing the magna carta leave for women. I just underwent a surgery and will undergo chemotheraphy too.
    Ty

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