Dear Attorney,

I am currently employed in a private company and I recently heard about a certain leave benefit mentioned under a particular law. As I understand, it provides female employees with an additional type of leave for specific situations. However, I am unsure about the details of how this leave can be applied and whether I qualify for it. Could you please clarify the requirements and conditions for this benefit under Philippine law?

Thank you.

Insights

The Magna Carta of Women (Republic Act No. 9710) grants specific rights to female employees, particularly concerning maternity and reproductive health. One of the key provisions is the "special leave benefit," commonly referred to as Magna Carta leave, which applies to female employees who have undergone surgery related to gynecological disorders. Below are the main features of this leave entitlement:

Eligibility: To be eligible for this benefit, the female employee must have rendered at least six months of continuous service in any private or government company prior to the surgery.
Leave Duration: Under the Magna Carta of Women, eligible employees are entitled to a special leave of up to two months, with full pay. The length of the leave is determined by the nature and severity of the gynecological surgery, as assessed by a licensed physician.
Covered Surgeries: This leave specifically applies to surgeries related to gynecological disorders, which typically involve conditions affecting the female reproductive system. Examples of such surgeries include hysterectomy, ovarian cyst removal, and other similar procedures.
Non-deductible from Other Leave Benefits: The Magna Carta leave is distinct from other leave benefits such as maternity leave, sick leave, or vacation leave. It cannot be deducted from these existing leave credits, ensuring that female employees have separate entitlements for different health concerns.
Application Process: To avail of the leave, the employee needs to provide the employer with the necessary medical certificate or documents detailing the nature of the surgery and the recommended recovery period.

This leave is part of the government's effort to support women's health and well-being in the workplace, emphasizing the importance of their reproductive health without compromising their employment rights.