Dear Attorney,

I would like to inquire about my entitlement to a specific type of leave under the Magna Carta of Women. I believe I may be eligible for this leave due to my current health condition. Could you clarify the requirements and process for availing this leave, and whether it applies to my situation under Philippine law?

Sincerely,
An Employee inquiring about special leave benefits

Insights

Under the Magna Carta of Women (Republic Act No. 9710), women in the Philippines are granted special protections, including the entitlement to special leave benefits. One of the notable provisions is the entitlement to a two-month leave with full pay for women who undergo gynecological surgeries. This leave is separate from other types of leave like maternity leave and is specifically meant to address health conditions related to women's reproductive health.

Eligibility and Coverage

To qualify for the special leave benefit, the following must be met:

The woman employee must have rendered at least six months of continuous service for the last twelve months.
The leave applies after the employee has undergone surgery resulting from a gynecological disorder. This includes surgeries that are necessary for the treatment of conditions affecting the female reproductive system.
The employee must submit medical certification from her attending physician, detailing the surgery undergone and the estimated recovery period.

Benefits Under the Law

Eligible employees are entitled to two months leave with full pay, based on their gross monthly compensation. This leave is non-cumulative and cannot be carried over to subsequent years. Employers are required to grant this leave after the surgery and upon certification by a licensed physician.

Employer's Responsibilities

Employers in the private and public sectors are mandated by law to comply with this provision of the Magna Carta of Women. Non-compliance may subject employers to penalties, and employees may file a complaint with the Department of Labor and Employment (DOLE) or relevant government agency in case of denial of this benefit.

Exemptions and Considerations

Not all gynecological consultations or treatments qualify for this leave. It specifically applies to surgical procedures that are deemed necessary by medical professionals. Women who undergo routine procedures or treatments may not be covered. Additionally, the leave is separate from sick leave, vacation leave, or maternity leave benefits, offering added protection for women's health.

By ensuring compliance with this provision, both employers and employees can uphold the rights granted to women under Philippine law, protecting their health and well-being in the workplace.