You are qualified for the Magna Carta of Women Special Leave Benefit for Surgery to Treat a Gynecological Disorder if:
- You are a woman (single, separated or married, any age)
- You are employed (private or public sector)
- You have been employed by your current employer for the last 12 months PRIOR to your surgery
- You have worked under your current employer for at least 6 aggregate months within the said 12 months
- You have undergone a surgery to treat your gynecological disorder
(certified by your licensed gynecological physician)
- You have filed a Special Leave for the surgery with your employer at a reasonable time BEFORE undergoing surgery.
If emergency, you have notified your employer within a reasonable time and have filed your leave after surgery or appropriate recuperation period
What is your benefit?
- You are entitled to a PAID leave of up to 60 calendar days.
- Major surgery entitles you to 15 to 60 calendar days.
Minor surgery entitles you to 14 calendar days or less.
- Number of leaves will depend on the recommendation of your gynecological doctor.
- Your leave payment will be based on your current gross monthly compensation (monthly basic pay plus mandatory allowances).
- You take your leave AFTER the surgery.
(You can start your leave before the surgery if your employer allows it).
What gynecological disorders are covered?
Gynecological disorders that need surgery for treatment.
Gynecological disorders are disorders of the female reproductive organs.
Disorders of the following are covered:
- Fallopian tubes
- Pelvic floor
Surgery to treat gynecological disorders specifically mentioned in RA 9710:
- Dilatation and curettage for treatment of a gynecological disorder
Here’s a List of GYNECOLOGICAL DISORDERS covered under the Magna Carta Special Leave Benefit, based on the list created by the Civil Service Commission in 2010.
How many times can you avail of this Special Leave Benefit?
You can avail of this leave benefit for every qualified gynecological surgery up to a maximum of 60 calendar days per year.
Can you file for your SSS sickness benefit for the same surgery?
Special Leave Benefit will be paid by your employer.
SSS sickness benefit will be paid by SSS.
Can your employer use your regular leaves to cover your Special Leave Benefit?
Your Special Leave Benefit is different from your regular leaves (e.g. sick leaves, vacation leaves, 5-day special incentive leave, parental leave for solo parents, leave for victims of violence against women).
In fact, if you need an extended leave, you can use your sick leave or other regular leaves in addition to your Magna Carta Special Leave Benefit.
What if your gynecological surgery is performed during your maternity leave?
Your employer will pay the difference between your Special Leave Benefit and your Maternity Leave Benefit.
Can you decline your special leave and convert it to cash?
Unless your company CBA has a provision that covers this.
Which agency monitors the enforcement of the Magna Carta of Women’s Special Leave Benefit?
The DOLE Regional Office in your area
. Department of Labor and Employment (DOLE) Order No. 112-A Series of 2012 — Amending the Guidelines on the Implementation of the Special Leave Benefit for Women Employees in the Private Sector, signed May 22, 2012.
. Department of Labor and Employment (DOLE) Order No. 112-11 Series of 2011 — Guidelines Governing the Implementation of the Special Leave Benefits for Women Employees in the Private Sector
. Republic Act (RA) No. 9710 — The Magna Carta of Women — Implementing Rules and Regulations, published by the Philippine Commission on Women