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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE
- Gynecological leave refers to a female employee’s leave entitlement of up to two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.
The Magna Carta of Women
Republic Act No. 9710 or the Magna Carta of Women is 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 marginalized sector.
The Declaration of Policy under the Magna Carta of Women states that:
“The State condemns discrimination against women in all its forms and pursues by all appropriate means and without delay the policy of eliminating discrimination against women in keeping with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and other international instruments consistent with Philippine law. The State shall accord women the rights, protection, and opportunities available to every member of society.” (Section 2, second paragraph, R.A. No. 9710)
The law says:
“Discrimination Against Women” refers to any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field.
It includes any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges.
A measure or practice of general application is discrimination against women if it fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of opportunities, benefits, or privileges; or women, more than men, are shown to have suffered the greater adverse effects of those measures or practices.
Provided, finally, that discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion shall be considered discrimination against women under this Act.” (Section 4 (b), R.A. No. 9710)
Women’s Right to Health
Among the rights granted by the Magna Carta of Women is the right to health.
The law says:
“SECTION 17. Women’s Right to Health. — (a) Comprehensive Health Services. — The State shall, at all times, provide for a comprehensive, culture-sensitive, and gender-responsive health services and programs covering all stages of a woman’s life cycle and which addresses the major causes of women’s mortality and morbidity: Provided, That in the provision for comprehensive health services, due respect shall be accorded to women’s religious convictions, the rights of the spouses to found a family in accordance with their religious convictions, and the demands of responsible parenthood, and the right of women to protection from hazardous drugs, devices, interventions, and substances.
Access to the following services shall be ensured:
(1) xxx
(6) Prevention and management of reproductive tract cancers like breast and cervical cancers, and other gynecological conditions and disorders;
(7) xxx” (Section 17, paragraph 6, R.A. No. 9710)
Special Leave for Women
To this effect, women entitlement to a special leave in case of situations requiring medical attention caused by gynecological disorders.
The law says:
SECTION 18. Special Leave Benefits for Women. — 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.
Related article: Special Leave of Victims of Violence against Women and her Children
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