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.
2. The benefit
A woman employee having rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders. (Section 18, R.A. 9710, The Magna Carta of Women)
3. 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.
4. Usage
The benefit is designed to grant a female employee leave credits after she has undergone surgery due to a gynecological disorder.
5. 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.
6. 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.
7. 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.
8. 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The above discussion may be superseded by any stipulation favorable to the employee via an employment contract, company policies, collective bargaining agreement, or analogous thereto.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
⦁ 2022 DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits
Related
⦁ Cases: Special Leave for Women
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/Updated: February 12, 2023
