Magna Carta for Women (Republic Act No. 9710) & Paid-Leave Entitlements

(Philippine legal overview – updated 24 April 2025)

1 | Why the Magna Carta for Women (MCW) matters

The MCW, signed on 14 August 2009, is the Philippines’ comprehensive anti-discrimination law for women. It affirms the State’s duty to “take all appropriate measures to eliminate discrimination against women,” echoing the U.N. CEDAW Convention and anchoring women’s rights—inclusive of labour and social-protection rights—into domestic law. citeturn3search0

2 | The MCW Special Leave Benefit—the core paid-leave right it creates

Key element	Legal basis	Notes
Who is covered?	MCW §18; DOLE D.O. 112-12 (private); CSC Memo-Circ. 25-10 (public)	Any female employee, regardless of age or civil status, who has rendered ≥ 6 months of aggregate service in the last 12 months citeturn4search0turn0search1
Trigger	“Surgery caused by gynecological disorders” (e.g., hysterectomy, myomectomy, oophorectomy)	Out-patient procedures without surgery are not covered. A specialist’s medical certificate is mandatory. citeturn0search0
Duration & pay	Up to 2 months (60 calendar days) with full pay based on gross monthly compensation (basic pay + mandated allowances) citeturn0search2
Funding & reimbursement	Entirely employer-shouldered; not reimbursable by SSS (different from the SSS sickness benefit) citeturn0search2
Interaction with other leaves	Availment does not reduce service-incentive leave, vacation leave, or maternity leave credits; it may be split if medically necessary.

How to avail (private sector)

File a written application with supporting medical certificate within 5 days of surgery (or as soon as practicable).
Employer acts on the request within 5 working days.
Maintain medical confidentiality; records are to be kept separate from the 201 file. citeturn4search0

How to avail (government employees) – follow CSC MC 25-10 & 25-A-15; file with HRMO plus hospital abstract. citeturn0search1

Jurisprudence tip: In Panga-Vega v. CIR (G.R. 228236, 13 Jan 2021) the Supreme Court stressed that §18 must be liberally construed to give women “further means to afford their needs … for a holistic recuperation.” citeturn3search3

3 | Other paid-leave entitlements women routinely rely on

Expanded Maternity Leave Law – R.A. 11210 (2019)
- 105 calendar days with full pay for every live birth, regardless of parity or delivery mode.
- +30 days without pay (optional) & +15 days paid if the mother is a solo parent.
- Employer advances the pay; SSS fully reimburses the cash benefit (100 % of average daily salary credit). citeturn0search3turn2search1
10-Day VAWC Leave – R.A. 9262 (2004)
- For women employees victim-survivors of violence; renewable/extendible by court order.
- Recent CSC advisory (13 Dec 2024) reminds agencies of strict implementation. citeturn0search4turn0search10
Parental (Solo-Parent) Leave – R.A. 8972 as amended by R.A. 11861 (2022)
- 7 working days with full pay per year; service requirement cut from 12 months to 6 months as of 4 June 2022. citeturn5search1turn5search2
Paternity Leave – R.A. 8187 (1996)
- 7 days with full pay for the first four deliveries of the spouse. (Not a women-only leave, but complements gender-responsive policies and can be transferred under §6 of R.A. 11210.) citeturn1search2turn0search3
Service Incentive Leave – Labor Code, Art. 95 (as amended)
- 5 days per year convertible to cash; applicable when company policies grant no equal or better leave. (Gender-neutral but often tapped for family-care needs.)

4 | Pending & emerging proposals (as of 2025)

Menstrual Leave Act (House Bill 7758, filed 2023): would grant 2 paid days per month for dysmenorrhea or other menstrual-related incapacity; still at committee level in the 19ᵗʰ Congress. citeturn0search11turn0search5
Paternity-Leave Extension Bills: multiple measures seek 30 days paid leave; none have passed either chamber to date.
Universal Paid-Family-Care Leave: on Senate committee agenda; would create 15 days gender-neutral paid caregiving leave.

5 | Compliance & enforcement snapshot

Private sector: DOLE inspectors verify payrolls, 201 files, and posted notices; violations of MCW §18 or R.A. 11210 subject employers to administrative fines + orders to pay back wages/benefits.
Public sector: CSC audits compliance; disallowances may issue from COA if unauthorized sick or vacation leave are charged in lieu of MCW special leave.
Gender Ombud: The Commission on Human Rights functions as GAD Ombud under MCW §39 to investigate denial of women-specific benefits. citeturn3search9

6 | Practical guide for HR & employees

Create a unified Paid-Women’s-Leave policy that cross-references R.A. 9710, R.A. 11210, R.A. 9262, and R.A. 11861—eliminating any contradictory cap or forfeiture rule.
Digitise documentation (scanned medical certificates, SSS reimbursement forms) but enforce tight privacy controls.
Clock the timelines:
- MCW special leave – file within 5 days of surgery.
- Maternity leave – at least 30 days prior notice (RA 11210 IRR, §6).
Train line managers on gender-sensitive handling of leave requests to avoid constructive dismissal claims.

7 | Key take-aways

MCW §18’s two-month special leave is the only gynaecology-specific paid leave in Philippine labor law and is employer-funded.
The Expanded Maternity Leave Law (105/120 days) supplies the broadest cash-supported leave for women through SSS.
Complementary statutes (VAWC, Expanded Solo Parent, Paternity) round out a gender-responsive leave ecosystem.
Compliance is a gender-equality obligation—under the MCW, failure to grant statutory women’s leave is a form of discrimination.

By mapping these instruments together, employers can craft policies that not only meet the letter of the law but also advance the MCW’s vision of substantive equality and women’s health.