Special Leave for Women

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  • R.A. 9710 is the legal basis for special leave for women.
  • The special leave for women is given to female employees who have undergone surgery due to gynecological disorder.
  • The benefit consists of two (2) months of leave credits with full pay.
  • The employee is required to submit a medical certificate verifying her surgery.
  • The benefit is non-convertible to cash.
  • The benefit is non-cumulative.

Legal basis

The legal basis is Republic Act No. 9710 (“R.A. 9710”), otherwise known as the “Magna Carta of Women”.

Concept

Female employees who have undergone surgery due to gynecological disorders, are provided with a special leave to give them to recover.

The benefit

The benefit consists of two (2) months of leave credits with full pay based on her gross monthly compensation.

The Computation

The leave credit is equal to the monthly basic salary, including mandatory and/or integrated allowances. The pay shall not be less than the minimum wage.

Usage

The benefit is designed to grant a female employee leave credits after she has undergone surgery due to a gynecological disorder.

Conditions for entitlement

The following are the conditions for entitlement:

1. She has rendered at least six (6) months continuous aggregate employment service for the last twelve (12) months prior to surgery;

2. She has filed an application for special 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 company rules and regulations or collective bargaining agreement; and

3. She has undergone surgery due to gynecological disorders as certified by a competent physician.

Non-convertible to cash

The benefit is not convertible to cash.

Non-cumulative

The benefit is not cumulative.

Employment contract, company policies, CBA

The above discussion may be superseded by any stipulation favorable to the employee via an employment contract, company policies, collective bargaining agreement, or analogous thereto.

References

  • Republic Act No. 9710, a.k.a. Magna Carta of Women
  • Implementing Rules and Regulations of R.A. 9262
  • DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits
  • Jurisprudence or Supreme Court Decisions