In the Magna Carta of Women (Republic Act 9710) 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 special leave may be availed for every instance of gynecological disorder requiring surgery for a maximum period of two (2) months per year. This benefit is in addition to leave privileges under existing law.
WHO ARE QUALIFIED TO AVAIL OF THIS BENEFIT?
All women employees in the public or 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 or after 15 September 2009 are entitled to avail of the benefit.
WHAT ARE CONSIDERED GYNECOLOGICAL DISORDERS?
Gynecologial 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 THIS 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).
For government employees, the application for the special leave benefit shall be made through the Civil Service Form No. 6 (CS Form 6) signed by the employee and approved by the proper signing authorities.
The CS Form 6 shall be accompanied by a medical certificate filled out by the proper medical authorities, e.g. the attending surgeon accompanied by a clinical summary reflecting the gynecological disorders which shall be addressed or was addressed by the said surgery; the histopathological 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.
WHEN IS ADVANCED APPLICATION FOR THIS SPECIAL LEAVE 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.
WHAT BENEFIT MAY BE AVAILED OF?
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.