Statutory Leaves

The R.A.9710 or the Magna Carta of Women is a comprehensive women's human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling and promoting the rights of Filipino women, especially those in the marginalized sectors.

You are qualified for the Magna Carta Special Leave Benefit for Surgery to Treat a Gynecological Disorder if:

You are a woman (single, separated or married, any age)
You are employed (private or public sector)
You have been employed by your current employer for the last 12 months PRIOR to your surgery
You have worked under your current employer for at least 6 aggregate months within the said 12 months
You have undergone a surgery to treat your gynecological disorder (certified by your licensed gynecological physician)
You have filed leave for Magna Carta for Women for the surgery to QuadX at a reasonable time BEFORE undergoing surgery (15 days before the operation).
If emergency, you have notified QuadX within a reasonable time and have filed your leave after surgery or appropriate recuperation period

What is your benefit?

You are entitled to a PAID leave of up to 60 calendar days.
Major surgery entitles you to 22 to 60 calendar days.
Minor surgery entitles you to 14 calendar days or less.
Number of leaves will depend on the recommendation of your gynecological doctor.
Your leave payment will be based on your current gross monthly compensation (monthly basic pay plus mandatory allowances and applicable deduction and taxes).
You take your leave AFTER the surgery. The purpose is for you to rest and recuperate.

What gynecological disorders are covered?

Gynecological disorders that need surgery for treatment.

Gynecological disorders are disorders of the female reproductive organs.

Disorders of the following are covered:

- Adnexa
- Breast
- Cervix
- Fallopian tubes
- Introitus
- Ovary
- Oviduct
- Pelvic floor
- Perineum
- Uterus
- Vagina

Vulva

Surgery to treat gynecological disorders specifically mentioned in RA 9710:

Dilatation and curettage for treatment of a gynecological disorder
Hysterectomy
Ovariectomy
Mastectomy

Here’s a List of GYNECOLOGICAL DISORDERS covered under the Magna Carta Special Leave Benefit program, based on the list created by the Civil Service Commission in 2010.

Can I avail if I’ve worked for my current employer for only 6 months?

NO. You should have been with your employer for 12 months prior to surgery.

"Section 1 (e) of the DOLE Department Order No. 112-A Series of 2012: (e) “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 12-month period is sufficient to entitle her to avail of the special leave benefit (SLB). "

Are you required to notify your employer prior to surgery?

Yes. You must notify your employer prior to surgery. This is specified in the DOLE Department Orders. If you fail to notify, your employer might use this reason to deny your Special Leave application.

Only emergency surgeries are exempted from prior notification.

Who will decide the number of paid leaves that will be granted to you?

It will be QuadX as your employer, and they should base their decision on the number of days recommended and certified by a competent licensed physician.

"Section 4 of the DOLE Department Order No. 112-A Series of 2012: For purposes of determining the period of leave with pay that will be allowed to a woman employee, the certification of a competent physician as to the required period of recuperation shall be controlling.

Section 1 (g) of the DOLE Department Order No. 112-A Series of 2012: “(strong>Competent physician” means a medical doctor preferably specializing in gynecological disorders or is in the position to determine the period of recuperation of the woman employee. "

What are the documents you need to submit to QuadX?

Certified true copy of the following hospital records:

Fit-to-work certification from the physician
Operating room record (Operative technique or surgical memorandum)
Hospital abstract
Discharge summary
Histopathology report

When should you submit the required documents?

On or before you return to work. The earlier you’re able to submit documents, the better for you.

When should you take your Special Leave?

Immediately after your surgery. It is for your recuperation or recovery.

"Section 5 of the DOLE Department Order No. 112-A Series of 2012: Availment. — The special leave shall be granted to the qualified employee after she has undergone surgery".

When should you receive your Special Leave pay?

On your pay days — the days when you normally receive your salary for the period that cover your Special Leave dates.

"Section 11 of the DOLE Department Order No. 112-A Series of 2012: Mode of payment. — The woman employee shall not report for work for the duration of the leave but she will still receive her salary covering said period. The employer, in its discretion, may allow said employee to receive her pay for the period covered by the approved leave before or during the surgery. "

How many times can you avail of this Special Leave Benefit per year?

As many as needed, as long as these are surgeries due to gynecological disorders, and as long as you have not yet exceeded two months of Special Leave for the year. The DOLE document states that two months mean 60 calendar days.

What if your gynecological surgery is performed during your maternity leave?

You will avail of your maternity leave, but you will NOT be granted additional days for Special Leave. Instead, your employer will pay the difference between your Special Leave Benefit amount and your Maternity Leave Benefit amount.

Solo Parent Leave

What is the solo Parent’ Welfare Act?

RA 8972 or the Solo Parent’s Welfare Act provides for benefits and privileges to solo parents and their children. It aims to develop a comprehensive package of social development and welfare services for solo parents and their children to be carried out by the Department of Social Welfare and Development (DSWD), as the lead agency, various government agencies including NSO and other related NGOs.

Republic Act No. 8972 grants parental leave of seven (7) work days with full pay every year, in addition to leave privileges under existing laws, to solo parents.

Who are considered as Solo Parent?

1. Giving birth as a result of rape or, as used by the law, other crimes against chastity;

2. Death of spouse;

3. Spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;

4. Physical and/or mental incapacity of spouse as certified by a public medical practitioner;

5. Legal separation or de facto separation from spouse for at least one (1) year: Provided that he/she is entrusted with the custody of the children;

6. Declaration of nullity or annulment of marriage as decreed by a court or by a church: Provided, that he/she is entrusted with the custody of the children;

7. Abandonment of spouse for at least one (1) year;

8. Unmarried father/mother who has preferred to keep and rear his/her child/children, instead of having others care for them or give them up to a welfare institution;

9. Any other person who solely provides parental care and support to a child or children: Provided, that he/she is duly licensed as a foster parent by the Department of Social Welfare and Development (DSWD) or duly appointed legal guardian by the court; and

10. Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance, or prolonged absence of the parents or solo parent: Provided, that such abandonment, disappearance, or prolonged absence lasts for at least one (1) year.

What are the conditions for granting Parental Leave To Solo Parents?

The parental leave of seven (7) days shall be granted to any Solo Parent employee subject to the following conditions:

1. The solo parent must have rendered service for a least one (1) year, whether continuous or broken, reckoned at the time of the effectivity of the law on September 22, 2002, regardless of the employment status.

2. The parental leave shall be availed of every year and shall not be convertible to cash. If not availed within the calendar year, said privilege shall be forfeited within the same year.

3. The parental leave shall be availed of on a continuous or staggered basis, subject to the approval of the Administrator. In this regard, the solo parent shall submit the application for parental leave at least one (1) week prior to availing the solo parent leave, except on emergency cases.

4. The solo parent employee may avail of parental leave under any of the following circumstances:

a. Attend to personal milestones of a child such as birthday, communion, graduation and other similar events;

b. Perform parental obligations such as enrollment and attendance in school programs, PTA meetings and the like;

c. Attend to medical social, spiritual and recreational needs of the child;

d. Other similar circumstances necessary in the performance of parental duties and responsibilities, where physical presence of the parent is required.

5. The head of agency/office concerned may determine whether granting of parental leave is proper or may conduct the necessary investigation to ascertain if grounds for termination and withdrawal of the privilege exist.

Leave For Victims of Violence Against Women and Their Children

“Violence against women and their children,” as used in Republic Act 9262 (the “Anti-Violence Against Women and Their Children Act of 2004”), “refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which will result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coer cion, harassment or arbitrary deprivation of liberty.”

Requirement for Entitlement

To be entitled to the leave benefit, the only requirement is for the victim-employee to present to her employer a certification from the barangay chairman (Punong Barangay) or barangay councilor ( barangay kagawad) or prosecutor or the Clerk of Court, as the case may be, that an action relative to the matter is pending.

The Benefit

In addition to other paid leaves under existing labor laws, company policies, and/or collective bargaining agreements, the qualified victim - employee shall be entitled to a leave of up to ten (10) days with full pay, consisting of basic salary and mandatory allowances fixed by the Regional Wage Board, if any.

The said leave shall be extended when the need arises, as specified in the protection order issued by the barangay or the court.

Usage of the Benefit

The usage of the ten-day leave shall be at the option of the woman employee. In the event that the leave benefit is not availed of, it shall NOT be convertible into cash and shall not be cumulative.

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