A March 18, 2011 press release by the Department of Labor and Employ
Women working in the private sector who are scheduled to undergo surgery for gynecological disorders can now file for special leave.
This special leave privilege is contained in Department Order No. 112-11, which lays down the guidelines for availing the special leave benefit provided for under Republic Act 9710 (Section 18), known as the Magna Carta for Women (MCW).
Labor and Employment Secretary Rosalinda Dimapilis-Baldoz, who issued the order, said that the guidelines ensure compliance on the implementation of the special leave benefits for women employees in the private sector.
“The two-month leave is in addition to the leave privileges under existing laws,” said Baldoz.
Eligible for the special leave benefit are women employed in the public sector, regardless of age and civil status, with at least six months’ aggregate employment service rendered in the 12 months prior to the surgery.
The leave may be for a maximum period of two months per year with full pay, based on the employee’s gross monthly compensation following surgery caused by gynecological disorders.
The special leave benefit shall be granted to a qualified female employee after she has undergone surgery, without prejudice to an employer allowing an employee to receive her pay before or during the surgery.
“It may be used for the period covering the surgery until recuperation. Absence incurred from the pre-surgery period, as well as those in excess of the two months allowed under the special leave benefit, may be charged against the employee’s earned leave credits,” added Baldoz.
To apply for special leave, a woman employee shall file her application leave within a reasonable period of time from the expected date of surgery, or within such period as may be provided by company rules or by a collective bargaining agreement.
Gynecological disorders refers to disorders that would require surgical procedures such as, but not limited to, dilation and curettage and those involving female reproductive organs such as vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexea, and pelvic floor, as certified by a competent physician.
The benefit is noncumulative and not convertible to cash, unless otherwise provided for in a collective bargaining agreement (CBA).
The guidelines shall take effect 15 days after its publication in a newspaper of general publication.