MARK-ANTHONY C.

TUNGPALAN
DOLE Baguio-Benguet Field Office

Magna Carta of Women (MCW)

(R.A. 9710)

Signed on August 14, 2009

Published in Philippine Daily

Inquirer and Malaya - August 31,
2009
Takes effect on September 15,
2009

Under R.A. 9710, a woman

employee 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.

DEPARTMENT ORDER NO. 11211, Series of 2011

Guidelines
governing
the
implementation of the special
leave benefits for women
employees in the private
sector

DEPARTMENT ORDER NO.112A, Series of 2012

Amending the guidelines on
the implementation of the
special leave benefit for
woman employees in the
private sector

WHAT IS SPECIAL LEAVE

BENEFIT FOR WOMEN?
Refers
to
a
female
employees leave entitlement
of two months with full pay
based on her gross monthly
compensation
following
surgery
caused
by
gynecological disorders.

FREQUENCY OF AVAILMENT
- A woman employee can
avail of the special leave
benefit for every instance
of
surgery
due
to
gynecological disorder for a
maximum total period of
two (2) months per year.

WHO ARE QUALIFIED TO AVAIL

OF THIS BENEFIT?
-All
female
employees
regardless of age and civil
status shall be entitled to a
special leave benefit.

WHAT ARE THE CONDITIONS

FOR ITS AVAILMENT?

1. The female employee has

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

- At least six (6) months continuous

aggregate employment service for
the last twelve (12) months prior to
surgery means that the woman
employee should have been with the
company for twelve (12) months, prior
to surgery. An aggregate service of at
least six (6) months within the said
month period is sufficient to entitle
her to avail of the special leave
benefit (SLB).

Employment Service
includes absences with pay
such as use of other mandated
leaves,
company
granted
leaves and maternity leave.

- May a newly hired

employee, who just served
four months of service
qualified to avail of the
SLW?

2. The female employee

has filed an application
for special leave.

HOW TO APPLY FOR SPECIAL

LEAVE?
- Generally, application for
special leave must be within a
reasonable period of time form
the expected date of surgery
of within such period as may
be provided by company rules
and regulations or CBA;

WHEN IS AN APPLICATION FOR

SPECIAL LEAVE NOT
NECESSARY?
- In cases requiring emergency surgical
procedure. However, the employee must
notify the employer verbally or in writing
within a reasonable period of time and
after the surgery or recuperating period,
she must immediately file with the
employer using the prescribed form.

3. The female employee

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

Gynecological Disorders
- Refer to disorders that would require
surgical procedures such but not limited to
dilatation and curetage 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. For
purposes of the Act and these Rules and
Regulations, gynecological surgeries shall also
include hysterectomy, ovariectomy and
masecnomy.

COMPETENT PHYSICIAN
-Means a medical doctor
preferably specializing in
gynecological disorders or
is in the position to
determine the period of
recuperation
of
the
employee.

WHEN SPECIAL LEAVE

BENEFITS BE GRANTED?
- It shall be granted after the
qualified
employee
has
undergone
surgery,
without
prejudice to an employer
allowing an employee to receive
her pay before or during the
surgery.

BENEFITS:
- The employee is entitled to
full pay for two (2) months
based on her gross monthly
compensation.

If two months is insufficient

for recuperation, what is
the remedy?

Upon return to work,

employer may require the
employee
to
submit
physicians certification of
fitness to work.

WHAT CONSTITUTES GROSS

MONTHLY COMPENSATION?
- It refers to the monthly
basic pay plus mandatory
allowances as fixed by the
RTWPB.

- Two (2) months means

sixty (60) calendar days
pursuant to Article 13 of the
New Civil Code.

NON-COMMUTATION OF
BENEFITS
- This special leave shall be
non-cumulative
and
nonconvertible to cash unless
otherwise provided by a CBA.

May the employee, while

enjoying the two (2) months
special leave, simultaneously
avail of sickness benefit from
the SSS?

Art. 137-Prohibited Acts

It shall be unlawful for any employer:
1. To deny any woman employee the benefits
provided for in this Chapter or to discharge
any woman employed by him for the
purpose of preventing her from enjoying
any of the benefits provided under this
Code;
2. To discharge such woman on account of her
pregnancy, or while on leave or in
confinement due to her pregnancy;
3. To discharge or refuse the admission of
such woman upon returning to her work for
fear that she may again be pregnant.

-The wisdom of the law is to forestall all forms

of discrimination in all terms of emplyment
on account of being a woman, regardless of
civil status.
Sec. 13, Chapter IV of the MCW
Expulsion and non-readmission of women
faculty due to pregnancy outside of marriage
shall be outlawed.

END OF PRESENTATION
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