Updated March 10, 2018
Can I avail of the Special Leave Benefit and SSS Sickness Benefit at the same time for the same surgery and the same dates?
Yes. These 2 benefits are different. They are given by different institutions.
Your Magna Carta of Women Special Leave Benefit will be given by your employer while your SSS Sickness Benefit will be given by SSS.
Will I file 2 sets of documents?
Yes. To your employer, you will submit documents required by your employer. To SSS, you will file documents required by SSS.
Note: There are employers who are kinder and more understanding, meaning they will just require photocopies of those you submit to the SSS. Other employers will require ORIGINAL copies. So ask your HR in advance so you can request for 2 sets of ORIGINAL copies from your OB/gyne surgeon and from the hospital.
Do I need to inform my employer in advance if I plan to avail of my Magna Carta Special Leave Benefit?
Yes. This is important. Your employer needs to know. Unless your gynecological surgery is an emergency, it is required that you inform your employer in advance so they can prepare for your absence and so you can also ask about the documents they require.
I’ve read the Magna Carta of Women Special Leave Benefit policies of some companies and their notification policy is at least 5 days prior to surgery.
If your surgery is not an emergency, your employer has the right not to give you your special leave benefit if you do not inform them in advance.
Where can I find the relevant provision in the Magna Carta Law for Women?
It’s found in the DOLE Department Order No. 112-A Series of 2012, issued May 22, 2012,
titled “Amending the Guidelines on the Implementation of the Special Leave Benefit for Women Employees in the Private Sector”
Section 7. Special leave benefit vis-a-vis SSS sickness benefit.
– The special leave benefit is different from the SSS sickness benefit. The former is granted by the employer in accordance with RA 9710, as implemented under this Rules.It is granted to a woman employee who has undergone surgery due to gynecological disorder. The SSS sickness benefit, on the other hand, is administered and given by the SSS in accordance with the SSS law or RA 1161, as amended by RA 8282.
How many leave days can I avail of?
It depends on how many leave days your OB/gyne wil recommend and write on the medical certificate.
Based on the guide released by the Civil Service Commission for women employees in the public sector:
Minor Surgeries — 2 weeks of leave or less
Major Surgeries — up to 60 days