This document discusses special leave benefits for women in the Philippines as outlined in the Magna Carta of Women. It provides that women are entitled to a special leave of up to two months with full pay for surgery related to gynecological disorders. Gynecological disorders are defined as disorders of female reproductive organs requiring surgical procedures. The document then outlines eligibility requirements, covered surgical procedures, required documents for employers, and enforcement of the policy by the Department of Labor and Employment.

1. Special Leave Benefits
for Women
JAY P. ABAWAG
PA210-Human Resource Management
May 2, 2018

2. BACKGROUND

3. BACKGROUND

4. GLOBAL RESPONSE
adopted in 1979 by the UN General Assembly
often described as an international bill of rights
for women.

5. LOCAL RESPONSE
• The Philippine Commission on Women was
established by President Ferdinand Marcos on
January 7, 1975, as the national machinery for
integrating women into the economic and socio-
cultural fabric of the country.
• President Corazon Aquino initiated the Philippine
Development Plan for Women (policy inclusions);
• The 1987 Philippine Constitution in article II, section 14
maintains that the State, "recognizes the role of women in
nation building and shall ensure the fundamental equality
before the law of women and men.

6. LOCAL RESPONSE
• President Fidel V. Ramos -
Gender and Development Budget and his
administration’s grant of full representation of
women in the Social Service Commission;
• President Joseph Estrada - Philippine Agenda for
Women Empowerment; and
• President Gloria Macapagal-Arroyo’s -
Framework Plan for Women and
Magna Carta for Women.

7. MAGNA CARTA FOR WOMEN or
Republic Act No. 9710
• Section 2 of the Act holds that, "the state
realizes the equality of men and women entails
the abolition of the unequal structures and
practices that perpetuate discrimination and
inequality."
• It goes on to state that the realization of this can
be achieved through appropriate plans, policies,
mechanisms, and so forth, to achieve equality
and freedom from sex-based discrimination.

8. • SECTION 18. Special Leave Benefits for Women.
— 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.

9. 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.

10. Gynecological Disorders of the ff:
•Adnexa
•Breast
•Cervix
•Fallopian tubes
•Introitus
•Ovary
•Oviduct
•Pelvic floor
•Perineum
•Uterus
•Vagina
•Vulva

11. Youarequalified for the MagnaCarta Special Leave
Benefitfor Surgery to TreataGynecological 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

12. Youarequalified for the MagnaCarta Special Leave
Benefitfor Surgery to TreataGynecological Disorder
if:
• You have undergone a surgery to treat your
gynecological disorder
(certified by your licensed gynecological physician)
• You have filed a Magna Carta of Women 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

13. Surgery to treat gynecological disorders
specifically mentioned in RA 9710:
• Dilatation and curettage for treatment of a
gynecological disorder
• Hysterectomy
• Ovariectomy
• Mastectomy

14. Dilatation and curettage
- a surgical procedure involving dilatation of the
cervix and curettage of the uterus, performed after
a miscarriage or for the removal of cysts or tumors.

15. • Hysterectomy
- a surgical operation to remove all or part of the
uterus.
• Ovariectomy
- surgical removal of one or both ovaries
• Mastectomy
- a surgical operation to remove a breast.

16. Frequently Ask
Questions

17. What is your benefit?
• You are entitled to a PAID leave of up to 60 calendar days.
• Major surgery entitles you to 22 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. The purpose is for you
to rest and recuperate.
(You can start your leave before the surgery if your employer
allows it).

18. Are you required to notify your
employer prior to surgery?
• Yes. You must notify your employer prior to
surgery. This is specified in the DOLE Department
Orders. If you fail to notify, your employer might
use this reason to deny your Special Leave
application.
• Some companies who have sent memos
regarding their Magna Carta Special Leave
policies require their employees to notify them
at least 5 days prior to surgery.
• Only emergency surgeries are exempted from
prior notification.

19. What is the basis of the number of paid
leaves that will begranted to you?
• Section 4 of the DOLE Department Order No.
112-A Series of 2012:
- For purposes of determining the period of leave
with pay that will be allowed to a woman
employee, the certification of a competent
physician as to the required period of
recuperation shall be controlling.

20. What are the documents you need to
submit to your employer?
Employers’ policies vary, but these are the common
documents required:
Certified true copy of the following hospital
records:
1. Fit-to-work certification from the physician
2. Operating room record (Operative technique or
surgical memorandum)
3. Hospital abstract
4. Discharge summary
5. Histopathology report

21. When should you submit the
required documents?
• After your surgery, or after your recuperation.
• Ask your employer or HR about your company’s
policies.
• Some employers require a pre-admission
document from your doctor.

22. When can you receive your leave pay?
• After your surgery, expectedly after you have
submitted the medical documents required by
your employer.
• Some generous employers give the total leave
pay before or during the surgery, if they receive a
certification from the surgeon certifying the
employee’s hospital admission and scheduled
surgery.

23. 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.

24. Can you file for your SSS sickness
benefit for the same surgery?
• YES.
Special Leave Benefit will be paid by your
employer.
• SSS sickness benefit will be paid by SSS.

25. Can your employer use your regular leaves
to cover your Special Leave Benefit?
• NO. 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.

26. What if your gynecological surgeryis
performed during your maternity leave?
• Section 9 of the DOLE Department Order No.
112-A Series 2012. Special leave benefit vis-a-vis
maternity leave benefit. –
• 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.

27. Can you decline your special
leave and convert it to cash?
• NO.
• Unless your company collective bargaining
agreement (CBA) has a provision that covers
this.

28. Which agencymonitors the enforcement of
the Magna Carta of Women’s Special Leave
Benefit?
• The DOLE Regional Office in your area

29. Specific Rules that Apply to
Women Employees
in the Public Sector

30. 1. Apply for the special leave benefit at least 5 days
prior to the scheduled date of surgery.
Use the Civil Service Form No. 6
2. After your surgery, submit the following
documents:
– Medical certificate describing the operative
technique used, duration of the surgery and the
peri-operative period, and estimated period of
recuperation
– Clinical summary
– Histopathological report
– Operative technique used

31. 3. When you return to work, submit a medical
certificate signed by your surgeon certifying
you’re physically fit to assume the duties of your
position
4. If you had an emergency gynecological surgery,
you can submit the required documents when
you return to work. But of course, as a
responsible employee, notify your supervisor or
manager as soon as you can.

32. 5. You can use your special leave credits for
preparatory procedures and/or confinement
prior to the surgery.
6. If the 2-month leave is not enough for your
recuperation, you can use your earned sick leave
credits. If you need more, you can use your
vacation leave credits.

33. References
• http://www.healthphilippines.net/2016/07/gynecological-disorders-
magna-carta-special-leave-benefit/
• http://pcw.gov.ph/sites/default/files/documents/laws/republic_act_
9710.pdf
• http://www.laborlaw.usc-law.org/2011/08/19/special-leave-
benefits-for-women/
• http://www.officialgazette.gov.ph/2009/08/14/republic-act-no-
9710/
• http://www.csc.gov.ph/2014-08-26-07-36-12/eligibilities-granted-
under-special-laws-and-csc-issuances.html
• http://www.gmanetwork.com/news/news/specialreports/276661/t
he-status-of-women-in-the-philippines-a-50-year-
retrospective/story/
• http://www.workingpinoy.com/2016/07/magna-carta-special-leave-
benefit-for-women-employees/
• http://cdris.csc.gov.ph/viewer.php?file=57E1F3E1B7CB3

34. Thank you!