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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:
Special Leave Benefit under Republic Act No. 9710 (The Magna Carta of Women) is granted to a female employee who has undergone surgery due to a gynecological disorder. The SSS sickness benefit is given by the SSS in accordance with Republic Act No. 11199 (Social Security Act of 2018).
Special Leave Benefits for women under the Magna Carta of Women
Special Leave Benefits for women refers to 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. This two-month leave is in addition to leave privileges under existing laws. (Section 1(a), DOLE Department Order No. 112-11)
Gynecological disorders are defined as those disorders that would require surgical procedures such as, but not limited to, dilatation and curettage 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. It shall include hysterectomy, ovariectomy, and mastectomy. (Section 7(m), IRR of R.A. No. 9710)
DOLE Department Order No. 112-11 (The Guidelines governing the Implementation of the Special Leave Benefits for Women Employees in the Private Sector) states that any female employee, regardless of age and civil status, shall be entitled to a special leave, provided that certain conditions be complied with.
The conditions for the entitlement of special leave benefits under the Magna Carta of Women are the following:
- She has rendered at least six (6) months continuous aggregate employment service for the last twelve (12) months prior to surgery;
- She has filed an application for special leave in accordance with Section 3 of DOLE DO No. 112-11; and
- She has undergone surgery due to a gynecological disorder as certified by a competent physician. (Section 2, DOLE Department Order No. 112-11)
Sickness Benefit under the Social Security Act of 2018
On the other hand, sickness benefits under the Republic Act No. 1161 or the Social Security Law, as amended by Republic Act No. 8282 entitles a member of the SSS who has paid at least three (3) monthly contributions in the twelve-month period immediately preceding the semester of sickness or injury and is confined thereof for more than three (3) days in a hospital or elsewhere with the approval of the SSS, shall, for each day of compensable confinement or a fraction thereof, be paid by his employer, or the SSS, if such person is unemployed or self-employed, a daily sickness benefit equivalent to ninety percent (90%) of his average daily salary credit. (Section 14(a), R.A. No. 11199)
The conditions for the entitlement of sickness benefit under the Social Security Act of 2018 are:
- In no case shall the daily sickness benefit be paid longer than one hundred twenty (120) days in one (1) calendar year, nor shall any unused portion of the one hundred twenty (120) days of sickness benefit granted under this section be carried forward and added to the total number of compensable days allowable in the subsequent year;
- The daily sickness benefit shall not be paid for more than two hundred forty (240) days on account of the same confinement; and
- The employee member shall notify his employer of the fact of his sickness or injury within five (5) calendar days after the start of his confinement unless such confinement is in a hospital or the employee became sick or was injured while working or within the premises of the employer in which case, notification to the employer is not necessary: Provided, That if the member is unemployed or self-employed, he shall directly notify the SSS of his confinement within five (5) calendar days after the start thereof unless such confinement is in a hospital in which case notification is also not necessary: Provided, further, That in cases where notification is necessary, the confinement shall be deemed to have started not earlier than the fifth day immediately preceding the date of notification.
Read also: Is a pregnant woman allowed to claim maternity benefits and sickness benefits simultaneously?
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