Magna Carta for Women Leave and SSS Sickness Benefit Computation in the Philippines: A Comprehensive Legal Guide

In the Philippines, the welfare of female employees and workers is protected by a combination of statutes and regulations that grant specific rights, privileges, and benefits. Two of the most important mechanisms that grant leave benefits and income security for qualified workers are:

The Magna Carta of Women (Republic Act No. 9710), which includes a “special leave benefit” for women who undergo surgery for gynecological disorders.
The Social Security Act (as amended, primarily Republic Act No. 11199, formerly R.A. 8282), which provides the basis for the Social Security System (SSS) sickness benefit.

This article discusses these two provisions, focusing on the legal foundations, qualifications, coverage, and the manner in which benefits are computed and granted.

I. Magna Carta of Women: Overview and Legal Basis

A. Overview of Republic Act No. 9710

The Magna Carta of Women, enacted in 2009, is a comprehensive women’s rights law that aims to eliminate discrimination against women by recognizing, protecting, fulfilling, and promoting their rights. Among the many provisions of R.A. 9710 is the inclusion of a special leave benefit for women who undergo surgery due to gynecological disorders.

B. Implementing Rules and Regulations

The Implementing Rules and Regulations (IRR) of the Magna Carta of Women, particularly the relevant Department Orders (such as Department Order No. 112-11, Series of 2011, issued by the Department of Labor and Employment), outline the details on how the special leave benefit shall be availed, the eligibility, and the manner of computation.

II. Special Leave Benefit for Women Under the Magna Carta

A. Nature and Purpose of the Benefit

Under the Magna Carta of Women, a female employee in the private sector who has rendered continuous aggregate employment service of at least six (6) months in the last twelve (12) months shall be entitled to a special leave benefit of up to two (2) months with full pay based on her gross monthly compensation. This special leave is granted to women who undergo surgery caused by gynecological disorders.

The rationale behind this provision is to ensure that women who need gynecological procedures or surgeries have sufficient time to recover without losing their incomes or risk of job insecurity.

B. Coverage and Qualification

Who May Avail
- Female employees in the private sector who are covered by the Labor Code (i.e., those employed in commercial, industrial establishments, or other enterprises or institutions).
- They must have been employed by the same employer for at least six (6) continuous months within the last 12 months before the surgery.
Gynecological Disorders Covered
The Magna Carta of Women does not limit the coverage strictly to a specific list of disorders. Generally, any condition that involves the female reproductive system and requires surgical procedure qualifies. Examples may include:
- Myoma removal surgery
- Hysterectomy (partial or total)
- Ovarian cyst removal
- Other gynecological surgeries requiring hospital confinement
Proof of Eligibility
- Medical records or a medical certificate indicating the nature of the procedure, confinement period, and the necessity of rest or recuperation.
- Other proof as may be required by company policy, as long as such policy is consistent with the law and implementing rules.

C. Duration of Leave

Up to two (2) months with full pay.
The actual duration is determined based on the medical recommendation of the doctor, but it shall not exceed two months unless the employer (as a more generous policy) or other laws provide for a longer period.

D. Funding and Payment of Wages

The employer shoulders the cost of the full pay for the duration of the special leave benefit.
This benefit is separate and distinct from other leave benefits provided by law (e.g., maternity leave, vacation leave, sick leave under company policy).

E. Relationship to Other Leaves

SSS Sickness Benefit: The Magna Carta special leave benefit is different from the SSS sickness benefit (discussed below). If a woman is qualified under the Magna Carta of Women for special leave due to a gynecological surgery, she should receive up to two (2) months of full pay from her employer without reducing her credited leaves or using SSS benefits.
Maternity Leave: This is distinct from maternity leave benefits granted under R.A. 11210 (the 105-Day Expanded Maternity Leave Law).

III. SSS Sickness Benefit: Overview and Legal Basis

A. Overview of the Social Security System (SSS) Sickness Benefit

The SSS Sickness Benefit is a daily cash allowance paid to a qualified member for the number of days a member is unable to work due to sickness or injury (including hospitalization or home confinement). This is primarily grounded in the Social Security Act of 2018 (R.A. 11199, which amended previous SSS laws).

B. Qualification Requirements

The member must be unable to work due to sickness or injury, duly certified by a licensed physician.
The member must have been confined at home or in a hospital for at least four (4) days.
The member must have paid at least three (3) monthly SSS contributions within the 12-month period immediately before the semester of sickness or injury.
The employer must have notified SSS (for employed members) of the claimant’s sickness or injury.
If separated, voluntary, or self-employed, the member should directly notify SSS.

C. Duration of the SSS Sickness Benefit

An eligible member is allowed a maximum of 120 days in one (1) calendar year.
The number of compensable days per sickness claim is based on the actual period of disability, subject to medical certification and SSS approval.

D. How the Benefit is Paid

Employer-Initial Payment Scheme
- For employed members, the employer advances the payment of the sickness benefit to the employee, then claims reimbursement from the SSS.
- This is because the employee is required to inform the employer within five (5) calendar days from the start of sickness or injury.
Direct Payment
- For self-employed, voluntary, and separated members who qualify, the SSS pays the sickness benefit directly after submission of the required documentation.

IV. Computation of the SSS Sickness Benefit

A. Daily Sickness Allowance

Determine the Semester of Contingency
- A “semester” in SSS terms is two consecutive quarters. Each quarter consists of three consecutive months. The semester of contingency is the 6-month period immediately before the month of sickness.
Identify the Applicable Monthly Salary Credits (MSCs)
- Find the six (6) highest monthly salary credits within the 12-month period before the semester of sickness.
- If you have not contributed for 6 months within that period, then the average will be based on the actual number of valid monthly salary credits posted.
Compute the Total and Get the Average
- Sum the monthly salary credits used and then divide by 180 (days in a 6-month period). This yields the average daily salary credit (ADSC).
Daily Sickness Benefit
- The daily sickness benefit is 90% of the ADSC.
- Formula:
  [ \text{Daily Sickness Allowance} = \text{ADSC} \times 0.90 ]

B. Example of a Simple SSS Sickness Computation

Identify the six highest monthly salary credits in the 12-month period before the semester of sickness.
- For instance, assume the member’s monthly salary credits are consistently at PHP 20,000 for all relevant months.
Sum of the 6 highest MSCs = 6 x 20,000 = 120,000.
Divide by 180 to get the ADSC:
[ 120,000 / 180 = 666.67 ] (This is the average daily salary credit.)
The daily sickness allowance is 90% of 666.67:
[ 666.67 \times 0.90 = 600 ] So the daily sickness benefit is PHP 600.
For each approved day of sickness, the member receives PHP 600. If the employee is ill for 10 days (and it’s medically certified and approved by SSS), total benefit will be 10 x 600 = PHP 6,000.

V. Interplay Between the Magna Carta Special Leave and SSS Sickness Benefit

Distinct Entitlement
- The two-month special leave under the Magna Carta of Women is an employer-paid benefit that covers female employees undergoing gynecological surgery.
- The SSS sickness benefit is a social insurance benefit paid for absences due to health-related conditions, including but not limited to gynecological conditions.
Non-Deduction from SSS
- When a female worker qualifies for the two-month special leave under the Magna Carta of Women, she typically receives full pay from her employer without needing to charge the absence to the SSS sickness benefit.
- If the particular employer chooses (or if the female employee’s medical condition extends beyond two months), the employee may then potentially claim an SSS sickness benefit for the remaining days of qualified leave beyond the initial two months—subject to SSS rules and maximum limits.
Documentation Requirements
- The employer may require a medical certificate or proof of surgery for the special leave.
- SSS also requires a sickness benefit application form with medical certification and employer certification (for employed members).
Claim Filing Period
- For the special leave under the Magna Carta, the employee must file within a reasonable period as stated by company policy and in accordance with DOLE regulations.
- For SSS sickness benefits, the employer should be notified within five (5) calendar days, and SSS should receive notice within the period indicated in its regulations.

VI. Frequently Asked Questions

Can a woman avail of both the two-month special leave (Magna Carta of Women) and the SSS sickness benefit at the same time?
- Generally, a woman cannot receive double compensation for the same period. The Magna Carta special leave entitles the employee to full pay from the employer. If the employee already receives full pay during a specific period, that same period cannot be claimed under SSS sickness benefit. However, for absences exceeding two months, and if still medically necessary, the employee may then explore SSS sickness benefits.
Is the special leave benefit under the Magna Carta of Women counted against mandatory leaves (sick/vacation leaves)?
- No. The two-month special leave is independent of other leaves (e.g., sick leave, vacation leave, or maternity leave).
Are probationary or contractual female employees qualified for the Magna Carta special leave?
- Any female employee—whether regular, probationary, or contractual—may qualify as long as she meets the service requirement of at least six (6) months continuous service in the last twelve (12) months. Company policy, if more favorable, can also give this benefit even if the employee has not yet met the six-month requirement.
Does the Magna Carta special leave apply to out-patient gynecological procedures?
- It primarily covers surgeries or procedures that require hospital confinement. If it is purely out-patient and does not require a period of recuperation or substantial recovery, it may not be covered. The details are often decided based on a licensed physician’s recommendation and DOLE guidelines.
What if the employer refuses to grant the special leave despite the woman being eligible?
- The employee may seek assistance from the DOLE or file a complaint with the appropriate office (e.g., National Labor Relations Commission). Non-compliance with the Magna Carta of Women is subject to penalties.

VII. Conclusion

The Magna Carta of Women Leave and the SSS Sickness Benefit are two critical mechanisms that promote women’s health rights, job security, and financial stability in times of medical need. Specifically, the Magna Carta of Women ensures a fully paid, two-month special leave for women who undergo surgery due to gynecological disorders, funded by employers. On the other hand, the SSS sickness benefit is a social insurance mechanism that provides qualified members with a daily cash allowance in case of sickness or injury, funded by the members’ contributions.

By understanding the scope, eligibility, coverage, and computation methods of these benefits, Filipino women and their employers are better positioned to ensure compliance with Philippine labor laws and the furtherance of women’s right to health and well-being. If there is any doubt regarding the implementation or interaction of these benefits, it is advisable to seek clarification through official channels, such as the Department of Labor and Employment (DOLE), the Philippine Commission on Women (PCW), or the Social Security System (SSS).