Below is a comprehensive discussion of the Social Security System (SSS) Sickness Benefit and the Magna Carta Leave in the Philippine context. It explains the legal bases, purposes, eligibility criteria, application procedures, and important distinctions between these two types of leave/benefit. This discussion is for general information only and should not be taken as legal advice. It is always best to consult official government issuances, or seek advice from a licensed attorney, for specific cases or clarifications.

1. Overview

SSS Sickness Benefit
The SSS Sickness Benefit is a daily cash allowance granted to a qualified member of the Social Security System who is unable to work due to sickness or injury and who meets specific contribution requirements under the Social Security Act of 2018 (Republic Act No. 11199, which amended the earlier Social Security Act of 1997).
Magna Carta Leave
“Magna Carta Leave” commonly refers to special leave benefits mandated by Philippine laws that are sometimes known as “Magna Carta” statutes. In practice, the term is most closely associated with:
- The Special Leave Benefit for Women under Republic Act (R.A.) No. 9710, also known as the Magna Carta of Women, which grants a special leave benefit for women who undergo surgery due to gynecological disorders.
- Various “Magna Carta” laws covering specific sectors (e.g., R.A. No. 7305 for public health workers; R.A. No. 4670 for public school teachers; R.A. No. 9442 and R.A. No. 7277 for persons with disabilities in some contexts).
Among these, the most widely discussed in the private-sector context is the Special Leave Benefit for Women under R.A. No. 9710. That will be the focus when people speak of “Magna Carta Leave” comparing it with SSS benefits.

2. Legal Foundations

2.1. SSS Sickness Benefit

Governing Law: Primarily the Social Security Act of 2018 (R.A. No. 11199) and its Implementing Rules and Regulations (IRR).
Purpose: To provide temporary financial assistance to qualified employees who are unable to work due to sickness or injury (including quarantine periods when necessary).
Implementing Agency: Administered by the Social Security System (SSS).

2.2. Magna Carta Leave (Special Leave Benefit for Women)

Governing Law: The Magna Carta of Women (R.A. No. 9710), particularly Section 18 and its IRR (issued by the Philippine Commission on Women, the Department of Labor and Employment, and the Civil Service Commission).
Purpose: To provide paid leave of up to two (2) months for qualified female employees who undergo surgery caused by gynecological disorders.
Implementing Agencies: The Department of Labor and Employment (DOLE) for the private sector; the Civil Service Commission (CSC) for the public sector; with the Philippine Commission on Women providing oversight.

3. Coverage and Eligibility

3.1. SSS Sickness Benefit

Who Can Apply:
- Any SSS member (employed, self-employed, or voluntary contributor) who has paid at least three (3) months of SSS contributions within the 12-month period immediately before the semester of illness or injury.
- Must be confined at home or in a hospital for at least four (4) consecutive days due to sickness or injury.
Eligibility Requirements:
- The employer must have been duly notified of the sickness or injury (for employees).
- For separated, self-employed, or voluntary members, they must notify SSS directly within the prescribed deadlines.
- The member’s sick leave credits from the employer have been used up (if applicable). In practice, some employers allow employees to exhaust SSS benefit first or combine them—policies differ.
Duration of Benefit:
- A qualified member can avail of up to a maximum of 120 days in one calendar year.
Benefit Amount:
- The daily benefit is equivalent to 90% of the member’s average daily salary credit (subject to the SSS’s prescribed formula and ceilings).

3.2. Magna Carta Leave (Special Leave Benefit for Women)

Who Can Apply:
- Female employees in the private sector who have rendered at least six (6) months of continuous aggregate employment in the last 12 months (under R.A. No. 9710’s IRR).
- Female government employees likewise enjoy a similar benefit under the Civil Service Commission guidelines.
Eligibility Requirements:
- The leave is specifically for surgeries caused by gynecological disorders (for example, ovarian cyst removal, hysterectomy, mastectomy if related to a reproductive health condition, myoma removal, endometriosis surgery, etc.).
- The employee must submit the necessary medical documents and comply with the employer’s filing procedure.
Duration of Benefit:
- Up to two (2) months with full pay, separate and distinct from other leaves (e.g., Sick Leave, Vacation Leave, Maternity Leave, etc.).
- The actual duration depends on the woman’s specific medical need as certified by her physician. The maximum leave is two months, but the exact entitlement depends on the nature, severity, and recommended recovery period for the surgery.
Benefit Amount:
- The employer pays the employee her full salary (basic pay), following the necessary certifications and approvals.

4. Key Differences

Type of Illness Covered:
- SSS Sickness Benefit: Covers any sickness or injury, not limited to gynecological procedures.
- Magna Carta Leave: Covers only surgeries related to gynecological disorders of female employees.
Funding Source:
- SSS Sickness Benefit: The funds come from the Social Security System, which is funded by contributions from employees and employers (and voluntary/self-employed contributions).
- Magna Carta Leave: The employer shoulders the payment of salary during the leave period.
Duration:
- SSS Sickness Benefit: Up to 120 days per calendar year, with the daily rate at 90% of the average daily salary credit.
- Magna Carta Leave: Up to two (2) months (roughly 60 days) with full pay, but only for qualified women and only in cases of gynecological surgery.
Eligibility Contributions:
- SSS Sickness Benefit: Requires a minimum number of posted contributions (at least 3 monthly contributions in the 12-month period before the semester of sickness).
- Magna Carta Leave: Primarily based on length of service: at least 6 months of aggregate employment in the last 12 months with the same employer (plus the medical requirement of a certified gynecological procedure).
Application and Approval Process:
- SSS Sickness Benefit: Typically, the employee notifies the employer within 5 calendar days of the start of the sickness or injury; the employer then files the benefit claim with the SSS on behalf of the employee. For separated/voluntary members, filing must be done directly with SSS.
- Magna Carta Leave: The employee files for leave with her employer, attaching a medical certificate or surgical recommendation. The employer approves and pays the employee directly.
Relationship to Other Leaves:
- SSS Sickness Benefit: Often coordinated with the company’s sick leave. Some employers will require employees to use up their sick leaves first, then SSS coverage starts, or vice versa—this depends on the company’s policy.
- Magna Carta Leave: Entitlement is distinct. It does not affect maternity leave, regular sick leave, or vacation leave. It is an additional benefit.

5. Commonly Asked Questions

Can a female employee who undergoes gynecological surgery claim both SSS Sickness Benefit and Magna Carta Leave?
- In general, yes—but not for the exact same period as a pure double payment. The law treats Magna Carta Leave and the SSS Sickness Benefit differently:
  - If the condition qualifies for SSS Sickness Benefit, the employee may claim from SSS.
  - The employee may also avail of the Magna Carta Leave if the procedure is indeed a gynecological surgery.
- However, practical considerations and employer practices may vary. Some employers will allow simultaneous application but will offset amounts to avoid “double compensation” for the same days. The best approach is to coordinate with HR and carefully evaluate how the company policy aligns with legal requirements.
Is the 2-month Special Leave Benefit under the Magna Carta of Women always fully utilized?
- Not necessarily. The actual length depends on the physician’s recommendation and the nature of the surgery. If the recommended recovery is only 2 weeks, then only 2 weeks is granted. The law caps it at 2 months, but the final amount of leave is determined by medical advice.
Does the Magna Carta Leave apply to minor outpatient gynecological procedures (e.g., routine tests, short outpatient procedures)?
- The implementing rules typically refer to “surgery” or “surgical procedures.” Minor procedures that do not require surgical intervention or significant recovery periods may not qualify. Check with your attending physician and HR department if the procedure meets the threshold of “surgery caused by gynecological disorders.”
What if an employer in the private sector refuses to grant Magna Carta Leave?
- Employees can seek assistance from the Department of Labor and Employment (DOLE). Non-compliance with R.A. No. 9710 can subject the employer to administrative and possibly civil liabilities.
What about male employees with conditions requiring surgery?
- Magna Carta Leave (Special Leave Benefit for Women) is specifically for female employees with gynecological disorders. Male employees who need to take time off for surgery or illness generally rely on SSS Sickness Benefits or the usual company leaves (e.g., sick leave).

6. Practical Tips for Employees and Employers

Check Company Policies
- Many companies have internal rules on how SSS Sickness Benefits and special leaves (e.g., Magna Carta) are filed. There may be timelines, forms, and supporting documents required.
Maintain Good Records
- Employees should keep copies of their medical certificates, operating room records (if any), and official receipts of hospital bills. These are often required for SSS claims and/or validation of gynecological surgery.
Educate the Workforce
- Employers should provide orientations or memos on these benefits. Many employees are unaware of the two-month special leave benefit under the Magna Carta of Women until they actually need it.
Timely Filing
- For SSS Sickness Benefit, there is a deadline to file claims (within 5 days from onset of sickness or injury, or for separated members, within a year from the sickness). Delayed filing can lead to claim denial or partial reduction.
Consult DOLE or HR for Unclear Cases
- If employees or employers are uncertain whether a specific procedure qualifies for the Magna Carta Leave, it is wise to consult DOLE (for the private sector) or the Civil Service Commission (for government offices) or secure a clarificatory opinion in writing.

7. Conclusion

SSS Sickness Benefit and Magna Carta Leave (primarily referring to the Special Leave Benefit for Women) each serve valuable but distinct purposes. The former is a social insurance benefit covering general sickness or injury for qualifying SSS members, while the latter is an employer-paid special leave intended to support women recovering from gynecological surgeries.

Understanding both benefits is essential for Philippine employers and employees alike. Properly navigating these entitlements ensures that employees receive the rightful support for their health needs, while employers remain in compliance with the country’s labor laws and social legislation.

Disclaimer: The information provided here is intended for general educational purposes. It should not be used as a substitute for official legal advice or the full text of relevant laws and regulations. Always consult official government issuances, your company’s HR policies, or a qualified attorney for detailed guidance.