Photo from Unsplash | Lindsey LaMont
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
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:
The special leave benefit is granted to support the female employee so as to give her further means to afford her needs, may it be gynecological, physical, or psychological, for a holistic recuperation. The recovery period may be a trying time that she needs much assistance and compassion to regain her overall wellness.
(House of Representatives Electoral Tribunal v. Daisy Panga-Vega, G.R. No. 228236, January 27, 2021)
The law says:
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.
Access to the following services shall be ensured:
(6) Prevention and management of reproductive tract cancers like breast and cervical cancers, and other gynecological conditions and disorders;
(Section 17(c), Republic Act No. 9710 or the Magna Carta of Women)
In the pursuit of gender equality and women’s empowerment, the Philippine government has taken significant strides to address the unique health concerns of women. One such initiative is the provision of a Special Leave Benefit for Women, also known as Gynecological Leave, as mandated by Republic Act No. 9710, or the Magna Carta of Women.
At the core of the Magna Carta of Women is the commitment to providing comprehensive, culture-sensitive, and gender-responsive health services for women across all stages of their life cycle. Recognizing the prevalence of reproductive tract cancers and gynecological conditions among women, the law emphasizes the importance of prevention and management in these areas.
Gynecological disorders, such as those requiring surgery, can significantly impact a woman’s health and well-being. These conditions may arise from various factors, including hormonal imbalances, infections, or structural abnormalities. Surgery may be necessary to alleviate symptoms, treat underlying conditions, or prevent further complications.
To support women facing gynecological challenges, the Magna Carta of Women mandates the provision of a Special Leave Benefit for Women. This benefit entitles female employees to two months of leave with full pay following surgery caused by gynecological disorders. However, certain conditions must be met, including a minimum period of continuous employment service.
The law says:
A Special Leave Benefit for Women means a female employee’s leave entitlement of two (2) months with full pay from her employer based on her gross monthly compensation following surgery caused by gynecological disorders, provided that she has rendered continuous aggregate employment service of at least six (6) months for the last 12 months. (Department Order No. 112-A, s. 2012)
Frequency of Availment
Women are allowed to avail of the special leave benefit for every instance of surgery due to gynecological disorders, with a maximum period of two months per year. This provision acknowledges the recurring nature of certain gynecological conditions and ensures that women have the necessary support to address their health needs effectively.
The law says:
A woman employee can avail of the special leave benefit for every instance of surgery due to gynecological disorder for a maximum period of two (2) months per year. (Department Order No. 112-A, s. 2012)
The provision of Gynecological Leave under the Magna Carta of Women reflects the government’s commitment to promoting women’s health and well-being. By recognizing the specific challenges faced by women in relation to their reproductive health, this benefit ensures that women have access to the necessary medical care and support.
Read also: Gynecological Leave for Women under the Magna Carta for Women
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.