Regardless of age and civil status, a special leave for women is granted to any female employee who has underwent surgery for gynecological disorders.[1]

Gynecological disorders refer to “disorders that would require surgical procedures such as, but not limited to dilation and curettage and those involving female reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor, as certified by a competent physician,” and includes “hysterectomy, ovariectomy and mastectomy.”[2]

The leave benefit consists of two months with full pay based on her gross monthly compensation,[3] which is computed based on the monthly basic pay plus mandatory allowances fixed by the regional wage boards.[4]

To be entitled to the leave benefits, the following requisites must be met: (a) she has rendered at least six months continuous aggregate employment service for the last 12 months prior to surgery; (2) she has filed an application for leave with her employer within a reasonable period of time from the expected date of surgery or within such period as may be provided by the company rules and regulations or collective bargaining agreement; and (3) she has undergone surgery due to gynecological disorders as certified by a competent physician.[5]

This benefit is granted after she has undergone surgery without prejudice to an employer allowing an employee to receive her pay before or during the surgery.[6] The benefit cannot be converted to cash, nor can it be cumulative.[7]

 

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[1] Ibid. See also Section 18, R.A. 9710 (Magna Carta for Women).

[2] Ibid.

[3] Id. at 29.

[4] Ibid.

[5] Ibid.

[6] Ibid.

[7] Ibid.