Cases: Special Leave for Women

1. Suppletory application of policies on maternity leave

HRET v. Panga-Vega

G.R. No. 228236, 27 January 2021

[BACKGROUND]

On February 2, 2011, [the employee], then Secretary of the House of Representatives Electoral Tribunal (HRET), requested authority to avail of the 15 days of special leave benefit under Republic Act (RA) No. 9710, otherwise known as the Magna Carta of Women, on February 7-11, 14-18, and 21-25, 2011, but not to exceed two months, to undergo hysterectomy.

On February 3, 2011, the HRET approved [the employee’s] request for special leave for a period not exceeding two months starting February 7, 2011. On February 7, 2011, she underwent total hysterectomy.

On March 7, 2011, after a month of availing of the special leave, [the employee] informed the HRET Chairperson that she was reassuming her duties and functions. She also presented a medical certificate dated March 5, 2011, stating that there was “no contraindication to resume light to moderate activities.” On March 9, 2011, she explained that the earlier medical certificate did not necessarily indicate her fitness to report for work. Thus, she presented another medical certificate of even date stating that she was already “fit to work” after her physical examination on March 6, 2011.

On March 10, 2011, the HRET directed [the employee] to consume her 2-month special leave given her need for prolonged rest following her hysterectomy, and in view of a pending investigation on her alleged al...

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