Magna Carta Special Leave Benefit for Women Employees

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  1. 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

  2. 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.

  3. 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!

  4. 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

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

  6. 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

  7. 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…

  8. 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.

  9. 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.

  10. 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…

  11. 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.

  12. 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?

  13. 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?

  14. 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.

  15. 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

  16. 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 .

  17. 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 ??

  18. 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?

  19. 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 .

  20. 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?

  21. 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?

  22. 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).

  23. 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.

  24. 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

  25. 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”.

  26. 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.

  27. 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.

  28. 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?

  29. 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?

  30. 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.

  31. 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.

  32. 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.

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

  34. 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.

  35. 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.

  36. 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

  37. 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?

  38. 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

  39. 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?

  40. 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

  41. 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.

  42. 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).

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