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I am sharing my experience
as a woman employee who had an operation regarding gynecology. I had a
myomectomy and chromotubation done at the same time in 2010. I was 32 years old
that time when I discovered I have a large mass in my uterus 10 inches to be exact.
I was not aware about magna carta. The company I am with didn't inform us about
it too. So, I only applied for SSS (social security system sickness benefits).
It was only in 2016 that I was fully aware about another benefit called
magna carta for women. After 6 years, I applied for it in our company since my
operation was still covered the time the law was signed and released.
I just submitted the following: (good thing I keep the records)
Clinical summary reflecting the gynecological
disorder which shall be addressed
or was addressed by the said surgery;
• the hispathological report;
• the operative technique used
for the surgery;
• the duration of the surgery
including the peri‐operative period (period of
confinement around surgery); as
well as,
• the employee’s estimated period of recuperation for the same.
Special leave privileges - “A woman employee having rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.” (Section 18)
Under the Republic Act 9710, otherwise known as “The Magna Carta of Women
“, a woman employee shall be entitled to a special leave benefit of two (2)
months with full pay based on her gross monthly compensation following surgery
caused by gynecological disorders. As guidelines for the implementation of
special leave benefits for women in the private sectors, the Department of
Labor and Employment issued Department Order No. 112-11, Series of 2011. For
female employees in the government service, you may refer to Civil Service
Commission Guidelines on the Availment of the Special Leave Benefits for Women
under RA 9710, CSC Resolution No. 1000432.
What is special
leave benefit for women
Special leave benefits for women refers to a female employee’s leave
entitlement of two months with full pay based on her gross monthly compensation
following surgery caused by gynecological disorders.
This benefit is
in addition to leave privileges under existing law.
Who are
qualified to avail of this benefit; Conditions?
All women employees in the private sector, regardless of age and civil
status, are entitled to special leave benefits, provided she has complied with
the following conditions:
- She has rendered continuous
aggregate employment service of at least 6 months for the last 12 months;
- She has filed an application
for special leave;
- She has undergone surgery
due to gynecological disorders as certified by competent physician.
- Female employees who have
taken a leave of absence following surgery for gynecological
disorder on or after 15 September 2009 are entitled to avail of
the benefit.
What is
gynecological disorders?
Gynecological disorders refer to disorders that would require surgical
procedures such as dilatation and curettage and those involving female
reproductive organs such as vagina, cervix, uterus, Fallopian tubes, ovaries,
breast, adnexa and pelvic floor. Gynecological surgeries shall also include
hysterectomy, ovariectomy, and mastectomy.
How to apply for
special leave?
The employee shall file her application for leave with her employer
within a reasonable period of time from the expected date of surgery, or within
such period as may be provided by company rules and regulations or by
collective bargaining agreement (CBA).
When application
for special leave is not necessary?
Prior application is not necessary in cases requiring emergency surgical
procedure. However, the employee must notify the employer verbally or in
writing within reasonable period of time, and after the surgery or recuperating
period, she must immediately file her application using the prescribed form.
When special
leave benefits shall be granted?
Special leave benefits shall be granted after the employee has undergone
surgery. The employer, however, has the option to pay the employee before or
during the surgery.
Benefit
The employee is entitled to full pay for two months based on her gross
monthly compensation. Gross monthly compensation refers to the monthly basic
pay plus mandatory allowances.
Benefit is
non-convertible to cash
Special leave benefit is non-cumulative and non-convertible to cash
unless otherwise provided by a CBA.
PROCEDURES FOR THE AVAILMENT OF THE SPECIAL LEAVE
BENEFITS FOR
WOMEN (UNDER
REPUBLIC ACT 9710, MAGNA CARTA OF WOMEN)
1. The employee shall accomplish
CSC Form No. 6 (Leave Application) in two (2) original
copies and submit the same to the
Director for Administrative Service through the
Personnel Division for evaluation
as to the completeness of the required documents,
and processing as to
certification of the available leave credits.
The leave application shall be
accompanied by a medical certificate filled out by the
proper medical authorities, e.g.
attending surgeon together with the following:
• clinical summary reflecting the
gynecological disorder which shall be
addressed or was addressed by the
said surgery;
• the hispathological report;
• the operative technique used
for the surgery;
• the duration of the surgery
including the peri‐operative period (period of
confinement around surgery); as
well as,
• the employee’s estimated period
of recuperation for the same.
2. Upon evaluation of the
application for special leave benefit, the Personnel Division
shall transmit the same to the
Department Physician for evaluation/recommendation.
3. The Department Physician shall
immediately evaluate and submit her
recommendation to the concerned
approving authority through the Personnel
Division. The latter shall
transmit the same to the concerned
recommending/approving officials.
4. Upon approval by the concerned
official of the application, the same shall be released
to the Personnel Division.
5. A copy of the approved
application shall be released by the Personnel Division to the
concerned employee while the
other copy together with the above‐cited documents
shall be retained at the
Personnel Division for file.
6. The application for special
leave benefits may be applied in advance, that is, at least
five (5) days prior to the
scheduled date of the gynecological surgery that will be
undergone by the employee. The
rest of the requirements shall be attached to the
medical certificate upon the
employees return to work.
This advance notice would give
the proper authorities ample time and means to
prevent disruption of the
operations of work unit during the absence of the employee
and to address the exigency of
the services of the office.
7. In instances when a qualified
female employee undergoes an emergency surgical
procedures, the said leave
application shall be filed immediately upon the employee’s
return from such leave together
with the required documents.
8. Upon the employee’s return to
work, she shall also present a medical certificate signed
by her attending surgeon that she is physically fit to assume the duties
of her position.
The question is: Is it different from SSS sickness benefits?
-Yes. I have
availed them both. SSS and Magna Carta.
Tip:
When you submit your requirements, make sure u keep a copy and have them
signed who ever received the documents for record purposes.
KNOW YOUR RIGHTS.
I hope this will help other women as well...
if you want to add something more kindly share it
on the comment box.
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