Labor and Employment Secretary Rosalinda Dimapilis-Baldoz yesterday reminded private sector employers to give their female workers undergoing surgery for gynecological disorders a special leave, a privilege under the Magna Carta for Women.
“This special leave privilege for women is contained in Department Order No. 112-11 which lays down the guidelines for availing the special leave benefit provided for under Republic Act 9710 (Section 18), known as the Magna Carta of Women,” said Baldoz.
She added that the two-month leave is in addition to the leave privileges under existing laws.
Baldoz issued the reminder after Ram Buates, human resource administrator of CYE Corp. in Pasig, sought clarification from the DOLE Call Center on the proper implementation of the mandatory special leave for women.
DOLE Call Center Action Officer Melvin Pelinta, in report to OIC Director Gerry S. Rubio of the Labor Communications Office, said that Buates called the DOLE Call Center to inquire about the special leave under the Magna Carta for Women after an employee of CYE Corp. requested to avail of the said leave.
“Eligible for the special leave benefit are women employed in both the private and public sectors, regardless of age and civil status, with at least six months’ aggregate employment service rendered in the 12 months prior to the surgery,” said Baldoz, citing the DOLE Order and the provisions of the law.
She added that the leave may be for a maximum period of two months per year with full pay, based on the employee’s gross monthly compensation following surgery caused by gynecological disorders.
The special leave benefit shall be granted to a qualified female employee after she has undergone surgery, without prejudice to an employer allowing an employee to receive her pay before or during the surgery. The benefit is non-cumulative and not convertible to cash, unless otherwise provided for in a collective bargaining agreement (CBA).
“It may be used for the period covering the surgery until recuperation. Absence incurred from the pre-surgery period, as well as those in excess of two months allowed under the special leave benefit, may be charged against the employee’s earned leave credits,” added Baldoz.
To apply for the special leave, a woman employee shall file her leave application within a reasonable period of time from the expected date of surgery, or within such period as may be provided by company rules, or by a collective bargaining agreement.
Gynecological disorders refer to disorders that would require surgical procedures, such as, but not limited to, dilation and curettage and those involving female reproductive organs, such as vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexea, and pelvic floor, as certified by a competent physician.
Buates thanked the DOLE Call Center for the information and said CYE Corp. will immediately and properly implement the Magna Carta for Women.
The DOLE Call Center S.M.I.LE (Serbisyong Magalang, Mahusay na Impormasyon sa Labor and Employment) is open Mondays to Saturdays from 6:00 A.M. to 6:30 P.M. It has a complement of seven composite staff from different DOLE Offices.