Special Leave for Women

The special leave for women is given to covered 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.

1. Concept

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

a. Legal basis

The following is the legal bases:

Legal BasisProvisions
1) R.A. 9710, The Magna Carta of WomenSection 18

b. Gynecological disorder

Gynecological disorders – refers to ‘disorders that would require surgical procedures such as, but not limited to dilatation 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. It shall also include hysterectomy, ovariectomy and mastectomy.’ (2023 DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits or “DOLE-BWC Handbook”, p. 38)

2. The benefit

The BenefitComputation
Special Leave for Women2 months with full pay
Based on gross monthly compensation

The Special Leave for Women consists of ‘two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.’ (R.A. 9710, The Magna Carta of Women, Section 18)

a. Computation

The leave credit is equal to the monthly basic salary, including mandatory and/or integrated allowances.

The benefit should not be less than the minimum wage.

b. Usage

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

c. Non-cumulative

The benefit is not cumulative. This means that the covered female employee cannot add the unused leave credits for a first surgery due to gynecological disorder in order to add such leave credits to a subsequent surgery for the same purpose. (See DOLE-BWC Handbook, p. 38)

d. Non-convertible to cash

The benefit is not convertible to cash. This means that the covered female employee is unable to convert to cash the leave credits if they are unused by the end of the year – unlike service incentive leaves. That is because the purpose of the special leave for women leave credits is to afford the covered female employee the opportunity to be excused from work and be paid after undergoing surgery due to gynecological disorders in order to recover. (See DOLE-BWC Handbook, p. 38)

3. Conditions for entitlement

The following are the conditions for entitlement:

1) That the woman employee ‘has rendered at least six (6) months continuous aggregate employment service for the last twelve (12) months prior to surgery’;

2) That 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) That she ‘has undergone surgery due to gynecological disorders as certified by a competent physician’. (DOLE-BWC Handbook, p. 39)

4. Favorable employee stipulations

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.

Related

Special Leave for Women

Cases: Special Leave for Women

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