Under the Republic Act 9710, otherwise known as “The Magna Carta of Women“, a woman employee 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. As guidelines for the implementation of special leave benefits for women in the private sectors, the Department of Labor and Employment issued Department Order No. 112-11, Series of 2011. For female employees in the government service, you may refer to Civil Service Commission Guidelines on the Availment of the Special Leave Benefits for Women under RA 9710, CSC Resolution No. 1000432.

What is special leave benefit for women

Special leave benefits for women refers to a female employee’s leave entitlement of two months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.

This benefit is in addition to leave privileges under existing law.

Who are qualified to avail of this benefit; Conditions

All women employees in the private sector, regardless of age and civil status, are entitled to special leave benefits, provided she has complied with the following conditions:

  1. She has rendered continuous aggregate employment service of at least 6 months for the last 12 months;
  2. She has filed an application for special leave;
  3. She has undergone surgery due to gynecological disorders as certified by competent physician.

Female employees who have taken a leave of absence following surgery for gynecological disorder or or after 15 September 2009 are entitled to avail of the benefit.

What is gynecological disorders

Gynecologial disorders refer to disorders that would require surgical procedures such as dilatation and curettage and those involving female reproductive organs such as vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor. Gynecological surgeries shall also include hysterectomy, ovariectomy, and mastectomy.

How to apply for special leave

The employee shall file her application for leave with her employer within a reasonable period of time from the expected date of surgery, or within such period as may be provided by company rules and regulations or by collective bargaining agreement (CBA).

When application for special leave is not necessary

Prior application is not necessary in cases requiring emergency surgical procedure. However, the employee must notify the employer verbally or in writing within reasonable period of time, and after the surgery or recuperating period, she must immediately file her application using the prescribed form.

When special leave benefits shall be granted

Special leave benefits shall be granted after the employee has undergone surgery. The employer, however, has the option to pay the employee before or during the surgery.

Benefit

The employee is entitled to full pay for two months based on her gross monthly compensation. Gross monthly compensation refers to the monthly basic pay plus mandatory allowances.

Benefit is non-convertible to cash

Special leave benefit is non-cumulative and non-convertible to cash unless otherwise provided by a CBA.

Last Edited: Tuesday, April 24, 2012

Caveat: Subsequent court and administrative rulings, or changes to, or repeal of, laws, rules and regulations may have rendered the whole or part of this article inaccurate or obsolete.
employee benefits, maternity leave, paid leave, service incentive leave, sick leave, women workers
Trackback

192 comments

  1. i underwent laparoscopic surgery for a huge ovarian cyst last jul 13 and availed of the special leave benefits however due to the nature of my job and position (shift manager in a call center) i needed to go back to work as soon as i can and thus went back to work on aug 4. the company promised me that aside from getting paid for my magna carta they will also pay me for those days that i have worked on so it’s like getting double pay until sep 10 when they withhold it because they were told by Dole that it’s non-cumulative/ non-convertible. my question is are they right not to pay me especially when these is for the period of aug 16-31 and they only knew about it on sep 8? should it be my fault that there were no clear set guidelines on the availment of these? please help me.

    [Reply]

    Jaba Reply:

    When you say non-cumulative/non-convertible it means that if you have not utilized this benefit within the year, special leave benefits will not accumulate on the following year nor it can be converted to cash on the year end, otherwise it is provided in your CBA. The guidelines also states ” Sec.8 Transitory Provision – subject to provisions of section 2 herein, female employees who have taken a leave of absence following surgery for gynecological disorder on or after September 15, 2009 are entitled to the special leave benefits for women.” meaning that the effectivity of this D.O. shall retroact on September 15, 2009, thus your leave last july 13 up until august 4 is covered by the special leave benefits for women. If you have been on leave without pay on those dates then your Company should refund the salary deducted to you for those dates. If you have utilized your leave credits, then the Company should have your leave credits restored. I hope this clarifies your query.

    [Reply]

    unknown Reply:

    I undergone D&C last november 19, and my company utilized my leave credits and they paid for it. I filed for magna carta and waited for the SSS approval and was approved last December 19 and they told me that they’re just going to re-credit my leaves. There’s no way for me to use my leave credits since it’s end of the year and now my leaves will be forfeited. I just wanted to know what options i can get? can they just pay me thru cheque for that 15 days of absence instead of re-crediting my leaves?

    [Reply]

  2. i undergo dilatation and curretage procedure due to miscarriage last march,2011.My employer said i am not entitled to special leave for women under magna carta .they told me d & c procedures related to pregnancy were not included?is this so?Rules states that …..
    Gynecologial disorders refer to disorders that would require surgical procedures such as dilatation and curettage and those involving female reproductive organs such as vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor. Gynecological surgeries shall also include hysterectomy, ovariectomy, and mastectomy.

    [Reply]

    km Reply:

    they are right. pregnancy is not a disorder/sickness. the c&d is covered under MATERNITY leave benefits, not this special leave for gynocological disorders. for c&d, 2 mos. compensation will come from sss, not your employer.

    [Reply]

    km Reply:

    now if the c&d was for a gynecological disorder, say for example menstrual bleeding non-stop, then this will be covered by special leave. but since yours is due to miscarriage, like mentioned, coverage is through maternity leave since pregnancy is not a disorder.

    [Reply]

  3. jocelyn Flores Comment:
    October 24th, 2011 at 11:21 am

    it says that the full pay for 2 months is based on gross monthly compensation. Does it mean that it is not taxable?

    [Reply]

    rustica p. zabala Reply:

    same question.

    [Reply]

  4. Noli Soledad Berina Comment:
    November 9th, 2011 at 04:58 pm

    Hi. I have a question regarding the implementation of the special leave for women. Last April 15-May 31, 2011, I went on leave for a gynecological disorder. That time I have no idea yet of the special leave benefits thus have not availed of it from my company. So what I did was to use whatever company leave credits I have that time (April 15 to May 6 was charged to my vacation and sick leave). The remaining days i.e. May 7-31 was filed against SSS thru sickness benefit. Since I already made a claim with SSS, my company thru our HR is telling me that I am no longer entitled to the special leave benefits? Is the SSS sickness benefit the same as the special leave benefits for gynecological disorders? Hoping for clarifications on this. Thank you very much.

    [Reply]

  5. myrna famisaran Comment:
    November 21st, 2011 at 08:42 pm

    i had my right ovarian cyst operation last july 21, 2011, i incurred my sick leave for 2&1/2 month,the question is,am i still entitled for the 1/2 month extension during my leave of absence,since the law states only the 2months benefit for special leave benefits for women..when can i get the said benefit,i submitted all the necessary papers needed last sept 07,2011 but up to now,im still waiting for it to avail the said benefit..waiting for ur reply about this..thank you so much..

    [Reply]

  6. Is this taxable? My company granted me the benefit last September, and the I was advised just last week that it is taxable. They gave me a large sum of money and now they would like to retro the tax. Pls advise ASAP. There are others in my company asking the same question. Thanks

    [Reply]

  7. i just want to confirm if a d & c procedure due to miscarriage is also included under the special leave benefit for private employee? the HR staff of our company is telling me that it cannot be applied for me because the d & c is due to miscarriage (pregnancy) and not a gynecological disorder. is this true or not? can i avail this special leave benefit? i undergone d & c procedure last nov. 9. and i had been given a memo that i am on maternity leave for 60 days without pay. i just would like to know. thank you very much! hoping for your response.

    [Reply]

    KM Reply:

    what you were told that d & c is not a gynecological disorder is correct. gynocological disorders mean you were sick. in your case, you were pregnant, not sick. the d & c procedure die to a miscarried pregnancy is not included in this special leave, since it is considered in maternity leave. thus, you will be entitled to 60 days leave of absence, and will get compensation from sss, not from employer. hope this helps.

    [Reply]

  8. Maria Theresa Salazar Comment:
    December 10th, 2011 at 01:17 am

    an employee was operated on September 1, 2011. 16 days after she tendered her resignation due to some valid reasons. Will she get the full two month pay of the special leave benefit as part of her final pay even though she left the company 16 days after her surgery?

    [Reply]

  9. Hello,

    I am a casual employee and had to undergo surgery for my right ovary, it was taken for it had a mask. It was an emergency that I had a surgery and I didn’t know this magna carta law. Can this law apply to me?

    [Reply]

  10. I was operated on Dec 12, 2011 for removal of my uterus or Total Abdominal Hysterectomy, I would want to know if I can still file a claim of disability from SSS? My employer has paid me 2 mos gross salary for a 6o days leave in compliance with Magna Carta of Women. Is it a different benefit which I can still avail other than Magna Carta?If so, how much would I be receving? I have been an SSS member for 25 years and I work in a very good company?Thanks…

    [Reply]

  11. I was operated on Dec 12, 2011 for removal of my uterus or Total Abdominal Hysterectomy. I would want to know if I can still file a claim of disability from SSS? My employer has paid me 2 mos gross salary for a 6o days leave in compliance with Magna Carta of Women or RA 9710. Is it a different benefit which I can still avail other than Magna Carta?If so, how much would I be receiving? I have been an SSS member for 25 years and I work in a very good company?Thanks…

    [Reply]

    Erlina Escobar Reply:

    Good afternoon. Just want to clarify, if an employee is qualified to file special leave under Magna Carta for women and the sickness benefit was approved by SSS, can the employee still avail from the employer? Can the employee avail both special leave from the employee and sickness reimbursement from SSS?
    thanks.

    [Reply]

  12. I have an right ovarian operation last dec. 2011, my employer informed me that my case is not covered by SSS sickness but instead it falls on the Magna Carta for women. they inform me ahead that i will the gross pay for 2 months, but when i received the check i found out that they deducted the tax. my question is they deducted the tax for 2 months (dec and january) but the company refunded me already for the excess payment they deducted for 2011. am supposed to be deducted for the month of december still.? please answer..

    [Reply]

  13. I had undergone myomectic surgery last January 27, 2012 and my office pays me this compensation thru company payroll as if am receiving my 15/30 monthly income. My question is, is it taxable? They had deducted regular income tax as if it’s a regular pay.Please help clear the matter.Thank you very much.

    [Reply]

    Christine Palo Reply:

    I had my right and left ovarian cyst operation last September 08, 2011, I would want to know if I can still file a claim of disability from SSS? My employer has paid me 2 months gross salary for a 6o days leave in compliance with Magna Carta of Women. Is it a different benefit which I can still avail other than Magna Carta? If so, how much would I be receving? I have been an SSS member for 10 years. 2 months ago, our HR Manager wrote a letter to SSS pertaining to claim and SSS never answer our letter until now. Please help me out on how to solve my query. Thanking you in advance.

    [Reply]

    Yvette Traquena Reply:

    Hi Christine,
    I think you should go directly to SSS to file for disability claim. Don’t be confused, Special leave benefit from the employer is different from the SSS benefit. See this link for your guidelines: https://www.sss.gov.ph/sss/index2.jsp?secid=67&cat=4&pg=null

    [Reply]

  14. Cesar Joseph Comment:
    March 5th, 2012 at 11:51 am

    My wife had a mastectomy. Can she use that special leave intermitently or is it continuous for 2 months? Thanks.

    [Reply]

    Ted Ferrolino Reply:

    The law/rule does not specify. In my opinion, since the clear intent of the law is to provide women employees time to recover after the surgery, it is more likely that continuous leave is intended.

    But, well, if your wife has to work once in a while during her recovery period to perform really important task, I would say that time should deducted from the two months period.

    What cannot be done, again in my opinion, is to spread the leave over an extended period, say 6 months, and probably use it for purposes other than recovery.

    [Reply]

  15. Edith Punzalan Comment:
    March 10th, 2012 at 06:01 pm

    Can I clarify some matters if i file special leave (2 months) with our office ab my surgery this end of march can i get pay or is that pay came from our SSS sickness disability…correct me if i’m wrong….please explain to me what it is….Its a big help for all of us if this matter is clearly to us life women…happy WOMEN’s DAY. Have a good day :)

    [Reply]

    Ted Ferrolino Reply:

    Special leave benefit is to be paid by the employer, not SSS.

    [Reply]

    RIZZA Reply:

    gud day po,i will undergo fractional curettage, as my doctor said,2 weeks daw po ako on leave sa work ko. nag file na po ako ng leave sa company.
    Questions ko po.
    1. Am i under Magna carta kahit 2 weeks lang advise ng doctor, nid ko po ba 2 months na mag leave pra ma avail?
    2. Ung company leave form na fill up ko same as the special leave?
    3. Iba rin po b ung magna carta na ibibigay ng company sa SSS na sickeness claim?

    [Reply]

    Basilisa B. Tenorio Reply:

    Good day po I will undergo a Breast surgery by excision biopsy under General Anesthesia.

    My Questions are:
    1. Am I under magna Carta kahit 2 weeks lang advise ng doctor?

    2. cover parin ba ng magna carta kung mass lang ang tatangalin pero under GA ang procedure?

  16. I was operated March 5, 2012 for removal of my uterus or Total Abdominal Hysterectomy. I’m planning to apply for my disability from SSS.I want to know if I can still avail the 2 months salary and special leave for 2 months through Magna carta for Women or RA9710? IF I already submitted my disability in SSS, my company thru our HR is telling me that I am no longer entitled to the special leave benefits?The HR staff told me that I cannot avail both, since it will be double compensation. Is the SSS sickness benefit the same as the special leave benefits for gynecological disorders? Hoping for clarifications on this. Thank you very much.

    [Reply]

  17. Irene H T Francisco Comment:
    March 20th, 2012 at 08:33 pm

    Can i also avail of this special leave even without any sick leave credits?

    I got operated on – but since I did not have any leave credits- i went on leave for my surgery without pay.

    [Reply]

    Ted Ferrolino Reply:

    Yes. You may avail of this benefit if you have taken leave of absence following the surgery, if the surgery was made on or after September 15, 2009.

    [Reply]

  18. Maria Napoles Comment:
    March 23rd, 2012 at 01:51 pm

    What are the penalties for violators of this Republic Act?

    [Reply]

  19. Maria Napoles Comment:
    March 23rd, 2012 at 01:53 pm

    What are the penalties for violators?-

    [Reply]

    Ted Ferrolino Reply:

    Private entities violating this law shall be liable to pay damages to affected individual, in addition to other liabilities under existing laws, if any.

    [Reply]

  20. hi,,i had a laparotomy last march 16,2012 for tubal abscess-(mass/bscess in the falopian tube)can i avail of this benefit?

    [Reply]

    Ted Ferrolino Reply:

    Falopian tube is part of female reproductive organs. It is covered.

    [Reply]

  21. this is on top of top of your regular sick leave credits. should your leave credits been consumed, they should be reinstate. if you only used 5 days, you should still be given 55 calendar days of paid leave. if salary was deducted, these should be returned as well, otherwise your employer would be in violation of the labor code. hope this helps.

    [Reply]

  22. pls clarify, is this non-taxable? what if the doctor only provided 30days for recuperating period, shld i be allowed to utilize full 2 mths? and will i still get sss sickness benefit? thanks

    [Reply]

  23. is ovarian cyst covered for this?

    [Reply]

    Ted Ferrolino Reply:

    Ovary is a part of female reproductive organs. It is covered. You may avail of special leave benefits under the law if the cyst would require surgical procedure as certified by a competent physician.

    [Reply]

    wendy Reply:

    will i still receive sickness compensation from sss?

    [Reply]

  24. How about the self employed? No benefits for them?

    [Reply]

    Ted Ferrolino Reply:

    It seems that law covers only women employed in an enterprise.

    [Reply]

  25. i had TAHBSO last March 28,2012. I am 52 yrs old and still employed. am I still covered by these benefits (disability and compensation)?

    [Reply]

    Maricar Arellano Reply:

    Yes, you are covered by Magna Carta. I was operated last April 2012 and i received my magna carta pay last month :) ..

    [Reply]

    ella Reply:

    hi – just want to know – is it taxable? and is it calendar days?
    thank you…as i am still arranging mine with the compnay – i also had TAHBSO – and now in colostomy 0 undergonce chemotheraphy as well.. your answer will be a big help -

    [Reply]

  26. as a member of the teaching profession, i enjoy a vacation leave from april 15 – may 15, 2012. i underwent TAHBSO last may 1, 2012. Since i still have 2 weeks of vacation leave, will these vacation leave credits be over and above the 2 months special leave benefits i am entitled to? instead of reporting on june 30 (two months after my surgery) can i extend my leave to two weeks more with pay because of my 2 weeks vacation leave credits (april 30-may 15)?

    and what if i resign after consuming the special leave benefits? will i have to pay back my employer?

    [Reply]

  27. Emmanuelle Comment:
    May 12th, 2012 at 04:54 pm

    I had undergone hysterectomy last April 2012. I want to know if i can file claim for both SSS and to our company for DOLE magna carta for women. Just want some clarifications since our HR dept told me that I cannot avail both. Thank you.

    [Reply]

    ani Reply:

    @emmanulle

    i had exploratory laparotomy, right salpingooophorectomy under epidural( they have to remove my right ovary together with the fallopian tube) feb 12-18 i admit in the hospital .. i claiming for the magna carta for women but my company and the hrd department told that they give this to but they want to see some document.. i already use 7 days leave and 7 days sick leave the 4 days they declare as absent. i go to the hospital to get medical certificate they give the state days that i admit in the hospital..my company demand some document.. i give already some proof of documents that i have that kind of procedure..its too long for thier decision if they give the magna carta for women to me 2months leave with pay.. its ok for me to pay for the 2moths salary. not the leave. they have to know this kind of law. i have to or they give this kind of privelege..

    [Reply]

  28. Im an ex-OFW for 2 months already and will be operated (ovarian cyst removal) this coming MAY 21. I just wanna know if I can I claim for this kind of operation??

    [Reply]

  29. Glad to read all these comment/questions, some of these answered my questions, but 1 more thing is can i ask what type of form or is ther anything prescribe leave form to be use i worked in a private sector.
    Thank you.

    [Reply]

  30. hello..

    bagu ko lng nalaman na meron ganitong law pa la.. as a friend tell na makaavail ako ng magnacarta for women..pasok po ako sa qualification.. natangal ang aking ovary. feb 12- feb 18 ako na admit.. so when halos 1 1/2 mo. ko nalaman.. i said to my company.. they did not know about this law. halos nagamit ko ang 7 days leave at 7 days sick leave halkos gamit ko lahat ng leave ko plus 4 days na hindi ko pagpasok deneclare nila absent..nag nalaman ko ang law na 2. nagfile na ako ng sss sick leave 15 days na declare yun so i decide na gamitin ang aking magna carta for women.. when the company know they set for thier own way.. kaso parang ngayari hinahanapan ako ng mali.. yung nadeclare na 4 days absent. pagpasok ko pa.. the owner said na kung hindi pa ako papasok tatanggalin na nila ako.. alam naman nila na ako ay inoperahan.. as i see sa magna carta 2months leave with pay ang dapat ko ma avail.. hindi nila sinabi sa akin.. hinahanapan nila ako ng butas.. the owner said na bakit ko ibibigay kung tangalin kita..that not right treating for thier employee alam nila ang aking sitwasyon.. so we talk with the company.. humingi na ako ng medical certificate sa hospital declare lang kung kaylan ako na admit.. pls help for what to do..

    [Reply]

  31. If a female employee undergoes tubal ligation procedure and since its an operation within the reproductive system, can this be covered with the special leave benefit?

    [Reply]

    neha Reply:

    I have undergone second caesarian section along with tuballigation also donne i have applied for maternity leave only. I had no idea about ligation leave can i avail this leave after maternity

    leave. kindly suggedt the way to apply.

    [Reply]

    resa Reply:

    i also undergone second caesarian section with BTL last jan 2014, can i still avail the leave even now im starting to work again.

    [Reply]

  32. hi

    i under go a operation they remove my right ovary. feb12-18. i file this to my company..but my company didi not know about the magna carta law for women i already submit some supporting documents that prove i
    under go the operation procedure.. but my comany said that they depend on the days i left in my work they said that they only pay for the 15 days. i already use my 7 days leave and 7 days sick leave plus 4 days they declare it as absent.. if im qualify for the magna carta law for women. the privelegde in the magna carta law for women will not to me..pls help what to do..

    [Reply]

  33. Good day!
    We have an employee who will undergo surgical operation on myoma as a complication on her breast cancer. She’s still waiting to be cleared by the physician before the operation takes place. However, she’s more than a month absent now and has exhausted all her leave credits.
    In view, i would like to know if the preparatory procedures before the operation will be covered by the Special Leave Benefits on Magna Carta on Women. She has no more leave credits. Will she be charged leave without pay until she has not yet scheduled for surgery or she can avail the special leave benefit?
    I appreciate it very much if you could furnish me your reply on my email address. Thank you.

    [Reply]

  34. i already had used the 4 maternity benefits foe my kids…now last april 14 i had heavy bleeding and had d&c frm the histopth reprt it was due to placental tissues due to pregnancy….i was told i can claim in sss coz it was assessed that it is under maternity, is this true?

    [Reply]

  35. I have two questions :

    1) Is this taxable? This has been asked several times in the thread, but no answer so far. This is critical for pay purposes.

    2) If it is taxable, does it follow that SSS and Philhealth contributions should be deducted as if it were regular pay?

    [Reply]

  36. Christine Comment:
    June 16th, 2012 at 03:34 pm

    Good afternoon. Just want to clarify, if the employee is qualified to file special leave under Magna Carta for women and the sickness benefit was approved by SSS for more than 90 days, can the employee still avail from the employer? Can the employee avail both special leave from the employee and sickness from SSS? In this case how many more days can she avail from the employer? thanks.

    [Reply]

  37. absyss operation can be used to avail of Magan Carta?

    [Reply]

    admin Reply:

    Vulvar or perineal abscess and Bartholin’s gland abscess are considered gynecological disorders under the CSC rules. (I assumed you mean abscess, not absyss. Honestly, I don’t understand this terms myself. Please ask you physician if your operation is considered a procedure for gynecological disorder.)

    [Reply]

    grace Reply:

    Hi Admin,
    What if on maternity leave from nov1 to Jan1, then on the 1st week ng december, need operahan sa ovary (which is cover ng magna carta for women). Makukuha po ba ung 2months salary from magna carta? or magsimula lng yung availment nun after the maternity leave. In this case, magiging 1 month nlng, kc nag overlap for 1 month ung maternity leave at operation.

    [Reply]

  38. i had recently undergone d&c due to abnormal uterine bleeding last june 16 i was required 15 days leave by my ob gyne i had filed for 2weeks leave and am about to report back to work by monday.,i have just been informed by a friend that such law exist. what do i need to provide my employer and how do i apply for the special leave? what if the company tells me i have already availed of my recquired days of leave (15days). hope to hear from you, thanks.

    [Reply]

    maevelyn Reply:

    hi grace, I just want to know if you were consider in magna carta for women? just undergone D and C last 10 jan 2013. thank you.

    [Reply]

  39. hi, i’m actually filing for my claim for the special leave but i was infomed that there’s amendment on this law,my ovary was removed on may 5, am i still entitled for this? our hr is still asking dole about this.

    [Reply]

    admin Reply:

    I am not aware of any amendment in the law affecting special leave benefits for women.

    [Reply]

  40. hello. may i ask if the perineal cyst (ventolin) is covered with this magna carta program? thank you.

    [Reply]

  41. FLORINDA MARTEJA Comment:
    July 6th, 2012 at 08:35 am

    I was operated last November 13,2008 of breast CA, unti now i’m still on going theraphy every 21 days, since i was operated. I’m still taking medicine (TAMOXIFEN) everyday up to 5 years as my Doctors advice.
    I would if i’am entitled to avail the magnacarta?
    At present i’am employed.

    [Reply]

    admin Reply:

    Yes. Please refer to this comment.

    [Reply]

  42. Florinda N. Marteja Comment:
    July 6th, 2012 at 09:39 am

    Good morning!
    I’m Florinda N. Marteja, presently employed at Citizen Machinery phil. Inc. I’ was operated last November 13, 2008 for BREAST CA. and until now i have a theraphy every 21 days up to Nov. 2012. Also I’m taking medicine everyday for my maintenance within 5 years.
    My question is im my situation now even my operation is dated nov.13, 2008, can I avail the benefits for Magna Carta?

    [Reply]

  43. JO-ANN COSTALES Comment:
    July 6th, 2012 at 05:03 pm

    HI, I UNDERGONE D&C LAST JUNE 25 2012 DUE TO DYSFUNCTIONAL UTERINE BLEEDING. MY OB HAS GIVEN ME A MEDICAL CERTIFICATE FOR 1 MONTH LEAVE AND I FILED IT TO SSS FOR SICKNESS BENEFITS. I JUST WANT TO ASK IF IM ENTITLED TO AVAIL THE MAGNA CARTA FOR WOMEN? CAN I STILL CLAIM IT FROM MY EMPLOYER?

    [Reply]

    admin Reply:

    Yes, you are entitled to special leave benefit as long as all of the the following are present:
    (1) You have rendered continuous aggregate employment service of at least 6 months for the last 12 months;
    (2) You have filed an application for special leave;
    (3) You have undergone surgery due to gynecological disorders as certified by competent physician.

    [Reply]

  44. Florinda N. Marteja Comment:
    July 9th, 2012 at 04:55 pm

    I was operated last November 13,2008 of breast CA, until now i’m still on going theraphy every 21 days, since i was operated. I’m still taking medicine (TAMOXIFEN) everyday up to 5 years as my Doctors advice.
    I would like to ask if i’am entitled to avail the magnacarta?
    At present i’am employed.

    [Reply]

    [Reply]

  45. Helen Kim Comment:
    July 10th, 2012 at 06:23 pm

    Good evening. My sister has been placed on medical leave because of spotting due to her first pregnancy. Can she avail of the Sect 18 special leave? Thanks.

    [Reply]

  46. I have undergone D&C last July 10 due to endometrial polyp. I know about the Magna Carta Law for Women just now. Can I still avail the leave benefit if I will file it the following week? Kindly reply to my e-mail add. Thanks!

    [Reply]

  47. Hi! my co-employee only gave birth last Dec 2011 and found out that she was 2 months pregnant again recently. unfortunately, she had bleeding and had miscarriage last week and underwent D&C. Under din po ba ito ng Magna Carta of Women or maternity leave po ulit ito?

    [Reply]

  48. Kent Charles Arnibal Comment:
    July 24th, 2012 at 10:55 am

    i would like to ask, if a female student is 40 weeks pregnant was not refuse to be admitted at school because of R.A. 9710 sec. 17, however the question is during the span of stay at school she needed to be absent of so called “maternity leave” or special leave as provided of R.A. 9710 sec 18. but the school has rules on allowable no. of absences? how can we assess if whether we can drop her subject or thus the discretion is left for the teacher?

    [Reply]

  49. Is abdominal myomectomy surgery for removing fibroids in uterus can be used these special leave benefits or magna carta? Thanks for response in advance!

    [Reply]

  50. Nona Elloso Comment:
    July 25th, 2012 at 11:47 am

    I underwent total abdominal hysterectomy last June 16, 2012 and my employer allowed me to avail the 60days special leave benefits for women. Since I am recovering very well and I need to be mobile, my doctor issued me a certificate that I may now resume my usual activities at home and at work. I submitted the certificate to our HR and requested her if I can use the remaining days of my special leave benefits in a staggered basis like reporting 3x a week.

    She told me the following:
    1. Since my certificate states that “I may resume my usual activities at home and at work”, it means I can go back to my work already.

    2. Yes, I am allowed to be absent anytime if I think I need a rest but it will be charged to my Sick Leave Credits (I still have 2 days SL and 11 days VL) and as soon as I exhausted all my SL, she will automatically charge it to my VL.

    3. I can only use the remaining days of my Special Leave benefits If I will experience any related gynecological problems within the year.

    I just want to seek clarification on what she told me.

    Thanks and best regards.

    [Reply]

  51. Nona Elloso Comment:
    July 25th, 2012 at 12:19 pm

    I underwent total abdominal hysterectomy last June 16, 2012 and my employer allowed me to avail the 60days special leave benefits for women. Since I am recovering very well and I need to be mobile, my doctor issued me a certificate that I may now resume my usual activities at home and at work. I submitted the certificate to our HR and requested her if I can use the remaining days of my special leave benefits in a staggered basis like reporting 3x a week only.

    She told me the following:
    1. Since my certificate states that “I may resume my usual activities at home and at work”, it means I can go back to my work already and that means going to the office everyday.

    2. Yes, I am allowed to be absent anytime if I think I need a rest but it will be charged to my Sick Leave Credits (I still have 2 days SL and 11 days VL) and as soon as I exhausted all my SL, she will automatically charge it to my VL.

    3. I can only use the remaining days of my Special Leave benefits If I will experience any related gynecological problems within the year.

    I just want to seek clarification on what she told me.

    Thanks and best regards

    [Reply]

  52. Sir’Madam:
    a friend underwent total hysterectomy in 2010, after a few hours, the stitches were reopened due to collapse of a part of the intestines. She had to dispose now her stool thru her intestine hanging beside her. She didnt avail of the special leave benefit because that operation happened on April 2010. Now that she’s planning to have a take down colostomy…will she be entitled of it?

    [Reply]

  53. arcely rodriguez Comment:
    July 26th, 2012 at 03:07 pm

    My mammography last June 2, 2012 read my right breast is “highly suggestive of malignancy”. A biopsy was done and eventually I had a mastectomy last July 5, 2012. I was diagnosed stage 3a and need to undergo chemo next week. I do not know about the benefits of “magna carta for women” until my friend who has the same case told me recently. I also had my Total Abdominal Hysterectomy with Bilateral Salpingo-Oophorectomy last July 16, 2010 and was not given ANY benefit from SSS because according to them I do not qualify any more because I already passed the age qualification. I was 51 then and now I am 53yrs old. I am employed until this date. May I know what is in store for me in both of my cases?

    [Reply]

  54. Im dawn 22y/o. Im 4mons pregnant and will undergo to a surgical operation called Frozen section whch is they need to remove my left ovary because of i a malignant cyst. It is a gnyecologcal disorder the prob. Is pim pregnant ang they need to remove the cyst
    and my left ovary.
    My question, am i stil can avail this benefit. Pregnant women wth gynecologcly disorder like me can avamil this? Need response AsAp.

    [Reply]

  55. I had my D&C last July 25 due to prolonged heavy bleeding and was advised by my OB to rest for 1 month. I was planning to file my leave through SSS until I read about this Magna Carta for Women. I am now waiting for our HR’s feedback about this. I hope their response is positive. This article is really helpful. Thank you.

    [Reply]

  56. A friend underwent a minor surgery ( i don’t know the exact procedure but its ovary related). She was told it was just a minor surgery but she availed of a 2 month-leave. The leave was granted by her company but she was not paid for two months. My questions are, (1) can she request for reimbursement on the number of pay days she was not paid? (2) if the surgery was just minor, will the employer pay her equivalent to her two months salary? (3) does the employer has an option to just retroactively give her another 2 months on top of her available leave credits (4) why is the CSC stating that if the surgery is minor, then a 2 week recuperation will be provided. I don’t know what it really means but I am assuming that because the surgery is minor, then she will only be allowed to take a leave of 2 weeks and will only be paid for 2 weeks? Please help.

    [Reply]

  57. how much will i be recieving havingt 2 weeks of herpes zoster from the sss sick benefits? am i covered with the said benefits even if if i have only 12 contributions posted?

    [Reply]

  58. January 2011, I underwent major operation due to benign ovarian cyst (right). I filed 70 days sick leave from work but without pay.My employer only gave me the 60 days sickness reimbursement from SSS. Last June 2012 I’d learned about Magna Carta for Women, can I ask my employer to pay me the 60 days leave I filed before? Is it different from the sickness I availed from SSS? Please help me what to do?

    [Reply]

  59. I underwent a D&C operation last July 14 and was paid by my employer for the four weeks I was on leave. My questions are:

    (1) should the employer pay the entire 60 days or only the four weeks as stated in my Medical Certificate issued by my OB-Gyne?

    (2) my colleagues at work has adviced me that the four weeks I was on leave shall be deducted from my 13th month pay or shall be considered as if I was working regularly without no deductions from the 13th month pay?

    (3)when I inquired from SSS if there will be a special benefit from SSS as well (through Sickness Notification) though based on the feedback I read, there were several SSS members who filed but were rejected. Also, when I inquired with our HR Department they said that I cannot file sickness notification with SSS and shall be rejected since I have been compensated by the Company already.

    I hope you can enlighten us on this. Thanks.

    [Reply]

  60. jocelyn marzo Comment:
    September 6th, 2012 at 03:06 pm

    same question.

    [Reply]

  61. i already availed this one, because i was also undergo laparascopy my co employee doesnt believe in me until one of my co employee will undergo operation also saka sila naninwala sa akin na me ganun pala thank for the magna carta…

    [Reply]

  62. Can I file magna carta for pregnancy with placenta previa and previous gynecological disorder? I am currently pregnant while my ovarian operation was in 2009. I was not able to avail magna carta after my surgery back then because I was not aware of it. I had leave without pay and I was working at home.

    [Reply]

  63. Hi! Is this compulsory? I mean applicable to all private companies? If yes, is this taxable?

    Thanks!

    [Reply]

  64. sheba austria Comment:
    September 16th, 2012 at 12:50 pm

    I was on bussiness trip last aug.9-10, 2012. I don’t know that i was pregnant. On our supposed 2nd day of business activity my tummy was in so much pain. I was rushed to hospital and found out it was ectophic pregnancy and need to undergo immediate major operation as to internal bleeding was already detected when ultrasound. Likewise, during operation my right follopian tube was removed due to it was already ruptured.
    (1)My employer didn’t pay my 60days leave as to this is related to maternity.
    (2)I can no longer avail of the SSS maternity as to this is my 5th maternity. But sss considered as sickness.
    My question: Can I avail of this magna carta?

    [Reply]

  65. I would like to know if the payment for this special leave benefit for women is taxable.

    [Reply]

  66. Anna Lieza Godoy Comment:
    September 26th, 2012 at 04:18 pm

    I gave birth 5 mos ago and I have claimed my sss maternity benefit. However after giving birth, I underwent subtotal hysterectomy.Is my claim for maternity benefit different from my claim for undergoing hysterectomy? My office told me that my claims for maternity is all and the same with my hysterectomy operation. Is this true? If not, can i file for another sickness benefit?

    [Reply]

  67. czanela rayos Comment:
    September 27th, 2012 at 05:18 pm

    Can special leave under this Magna Carta of Women be availed simultaneously with the availment of leave credits? pls. reply

    [Reply]

  68. I hope someone can answer the question if the SPECIAL LEAVE FOR WOMEN and SSS Sickness benefit can both be availed in GYNECOLOGICAL conditions/operations…I browse through the comments and no one has answered yet.
    (Sigh!)

    [Reply]

    Cel Reply:

    No, this will be double compensation. If the case can be filed as magna carta then the employer should be the one to compensate the employee. if unemployed and you’re a sss member, then you can file it to sss sickness benefits.

    [Reply]

  69. …Sec. 1 (a) of DOLE Department Order No. 112-11 states that, the Special Leave Benefit shall be IN ADDITION to leave privileges granted under existing laws. Thus, the sickness benefit and special leave benefit CAN BE APPLIED AT THE SAME TIME.

    Hope this helps. Got this in one of my researches.

    [Reply]

  70. i am scheduled for operation on Oct.23,2012.i have cyst on my left ovary and needs to be removed.my doctor only ask for 1 mo leave including my recovery,am i still entitled for the benefit?

    [Reply]

  71. May Susan V.Bedural Comment:
    October 14th, 2012 at 10:56 pm

    My daughter had her CS scheduled Aug.14 due to placenta privia, but after 8 hours she was rushed back to the OR due to excessive bleeding and her 14×10 myoma was removed together with her uterus & cervix..completed at 3 am Aug 15…on Aug.18 her hemorrhoids which came out during her hysterectomy were removed by colo-anal plasto operation..her OB-GYNE only gave her from Aug 14 to Oct 14 (2 months) for leave and recuperation, by way of interpreting RA 9710 as “2 months’leave from date of operation”, which in this case overlapped as the 3 operations were performed within 4 days…don’t you think this does not give her ample time to recover from all tha pain of such operations? My interpretation of RA 9710 stating “2 months for each instance”…in this case 2 months for each operation..in addition to the maternity leave.

    [Reply]

  72. May Susan V.Bedural Comment:
    October 14th, 2012 at 11:06 pm

    Can my daughter apply 2 months maternity leave, 2 months’ special leave for hysterectomy, and 2 months’ special leave for colo-anal surgery?

    [Reply]

  73. Hi! I would really need your assistance here. My wife was advised to go on a 30-day bed rest due to subchorionic hematoma (otherwise, internal bleeding). She is 6 weeks pregnant. This is a pregnancy-related issue. Will she be qualified to avail of any SSS or PHIC related benefit for the 30-days that she won’t be paid? Many Thanks

    [Reply]

    Cel Reply:

    she can avail the sss sickness benefits (home and hospital confinement) and philheath if she was confined to the hospital

    [Reply]

  74. rosette De jesus Comment:
    October 21st, 2012 at 04:02 pm

    I might be having umbilical endrometriosis surgery.Can I file for this special leave?Thanks

    [Reply]

  75. rosette De jesus Comment:
    October 21st, 2012 at 04:06 pm

    am i eligible for this leave if i’ll have umbilical endometriosis surgery?

    [Reply]

  76. Hi. Just in case the company doesn’t honor the Special Leave Benefit, to whom can we file a complaint?

    [Reply]

  77. Another thing as this question is still left unanswered. IS IT TAXABLE?

    [Reply]

  78. Chelsea Ong Comment:
    November 6th, 2012 at 11:11 am

    Hi!

    I undergone a salpingectomy last july 2012, due to ectophic pregnancy, wherein the pregnancy lays on the tube or my left fallopian tube, I got emergency operation coz my fallopian ruptured and they need to remove my left fallopian tube. Is this cover by magna carta?

    [Reply]

  79. Nancy Rosalie Catingub Comment:
    November 22nd, 2012 at 01:36 pm

    Hi Mr. Ferralino,

    I was operated last Nov. 10, 2012 for bilateral ovarian cyst and submitted/filed sss sickness claim and for Magna Carta. I was informed that once SSS approves of my claim I can no longer get anything from Magna Carta as ill be on double compensation and our HR team said that its also what SSS said.

    Is it true? I read the law and it said that the Magna Carta is paid by my employer and this is in addition to what the existing benefits that I am entitled for.

    Hoping to hear from you.

    Thanks,

    Nancy Catingub

    [Reply]

  80. hi
    i underwent exlap with salphyngectomy due to ruptured ectopic pregnancy. i went to our company’s HR and they said i should file for maternity leave.
    my concern is, should i apply for maternity leave and be compensated by sss or am i eligible for magna carta or both?
    pls reply. thank you//

    [Reply]

  81. Hi, i was operated last dec 15, 2012 due to chromosomes abnormalities and i already used my 4 maternity benefits from sss. Can i still avail it? Since it is related to pregnancy? Hope to hear from you soon….. Thank you.

    [Reply]

  82. what if you already used the first four to the sss since only four is allowed under the sss? can you apply the magna carta?

    [Reply]

  83. Can my officemate avail this special leave even if she only have 12 total leave credits? she undrgone surgery last dec 17,2012.

    [Reply]

  84. Hi everyone,

    I believe the general rule is any gynecological disorder within the scope of the law is covered as long as we have the medical certificate to prove it and the necessary documents required by the company to complete.

    We will be paid by our employer up to a maximum of 60 days if we so wish to avail of said benefit and we can still claim sickness benefit from SSS as it is a separate benefit

    My question is if in 2012 a woman has availed of the Magna Carta, if she was operated 1 right ovary and the next year she needs to undergo hysterectomy will she be able to avail of the Magna Carta on the following year?

    Best regards,

    [Reply]

  85. R. Francisco Comment:
    January 18th, 2013 at 12:11 pm

    same case with Ms. Nancy

    [Reply]

  86. R. Francisco Comment:
    January 18th, 2013 at 12:14 pm

    I was operated last Sept. 25, 2012 for hysterectomy and submitted/filed sss sickness claim and for Magna Carta. I was informed that once SSS approves of my claim I can no longer get anything from Magna Carta as ill be on double compensation and our HR team said that its also what SSS said.
    Is it true? I read the law and it said that the Magna Carta is paid by my employer and this is in addition to what the existing benefits that I am entitled for.
    Hoping to hear from you.

    [Reply]

  87. Hi, I had bartholin cyst while I was pregnant and it keeps coming back.My OB said she need to do the marsupialization but since Im pregnant it cant be done because it might cause pre term labor.So my OB decided to do the marsupialization during the delivery period.I gave birth last Jan 2 2013 and she remove the 3 cyst in my labia.My question is can I still claim for the magna carta though Im still on maternity leave?

    [Reply]

  88. Hi,

    I am a breacst Ca patient was operated last June 7, 2012 and completed my Chemo last November 25, 2012. I already used Magna Carta that the company had given to me. However, since Im on medication (Tamoxifen) I suffered Uterine Bleeding and my OB advise me to undergo Fractional D & C last Jan. 18, 2013. Now, My OB advise me to undergo Total Hysterectomy this coming Feb. 5, 2013 because he found out that I have Myoma. My question is since I already used the Magna Carta. Will I be able to used it again for my coming operation? If I already consumed it?
    Your response is highly appreciated. Thanks!

    [Reply]

  89. hi! i had my D and C last 10-jan 2013 i informed my company about it but it seems no knowledge about magna carta. they ask me to fill up the sss benefits instead as sss will decide if this is under magna carta. that is what my instruction to me. i submitted my requirements with the sss sickness benefits form to my employer and return to work 28 jan 2013. can i still file my special leave benefits for woman and avail also the leaves though i already return to work. pls help

    [Reply]

  90. Yes, there was an amendment issued by DOLE — Department Order No. 112-A

    [Reply]

    maevelyn Reply:

    just for clarification. the doctor only gave me 18 day rest, will i still be entitled to 2 mos. leave with pay though doctor stated 18 day rest? our company insist that i should wait for sss decision if they will put me on magna carta. im working in a private company. im getting run around answer from our office. its half of february but im not getting any clear ans, if it has to be filed by me to our hr or to sss.

    [Reply]

  91. i was hired march 12,2012 and got surgery jan 10,2013. that is just nearly 10 months. will i still be entitled for it?

    [Reply]

  92. hello,I’m 44 y.o s/p hysterectomy i’ll file already my special leave (magna carta) and waiting for approval, my question is can I avail the PARTIAL DISABILITY?

    [Reply]

  93. hi nancy,

    just wan to know what happened to your claim? were you able to claim both..i would be undergong d&c by last week of feb..I want to know if i can avail of both? magna carta for women and sss benefit..thanks

    [Reply]

  94. Hi.

    I had total hysterectomy [TAHBSO] in November 2010. I was on leave for 1 1/2 months. I wasn’t aware of the Magna Carta for Women until last week. Am I still qualified for this benefit? How would I avail? Should the company be informing affected/qualified employees about this?

    [Reply]

  95. mitch marfil Comment:
    February 20th, 2013 at 12:45 am

    Hi,my ob said I need to undergo a d&c procedure due to prolonged menstruation and thhe lining of my ovary is getting thick, and im not pregnant. Im i qualified for magna carta?

    [Reply]

  96. Hello how about those whose on ML and at the same time with operation under magna carta ??how’s is it being treated in terms of payment??
    thanks for clarification

    [Reply]

  97. Hi,
    Just want to know if i can avail this SLB. i underwent major operation ( pelvic laparotomy, right salpingectomy) due to diagnosis of fallopian tube ruptured, ectopic pregnancy. As i have researched on the net that ectopic pregnancy is gynecological disorder under pelvic pain which is a symptoms for gynecological disorder. i was just confused if this is not considered since ectopic pregnancy is a disease.

    thanks

    [Reply]

  98. I underwent Dilatation and curettage last February 15. I reported to work last February 26, because I was told that I am not entitled to Special Leave for Women and the person told me to use my leave credits. Besides, I have to attend to very important matters at work. My question is, am I entitled to SLW? and if so, should I be paid in cash for the two months that I am supposed to be on leave?

    [Reply]

  99. mary jane Comment:
    March 8th, 2013 at 07:25 pm

    I was admitted last June 25, 2013 for D&C due to severe uterus bleeding. My doctor gave me a recommendation for 60 days leave, but our company doctor only approved 30 days. I didn’t know about this Magna Carta special leave not until my friend told me. I submitted my leave application for medical leave a day after the surgery. Since I didn’t know about this special leave, I personally filed (feb. 8, 2013) sickness notification to SSS to avail the sickness benefits. After a month of leave I went back to work bco’z all I know is that I can only take 30 days until a friend told me about this Magna Carta. I asked our HR staff about this special leave and asked me to submit my medical abstract and histopath. Our company doctor approved it upon review, however the company gave me only a month salary. According to them it will be included in my salary so that means it will be taxable. My questions are: Am I still entitled to get two months full pay even if I only filed 30 days leave bcoz it was not given to me as one of my benefits? Is it taxable? Can I still claim sickness from SSS? Please assist. Thank you!

    [Reply]

  100. if im on a maternity leave for 2mos, am i still entitled for employer share HDMF and PHIC contributions?

    [Reply]

  101. Good evening, I’m working in a private educational institution and I’m scheduled for total abdominal hysterectomy this April. I informed our Accounting office regarding my 60 days – 2months leave (Special Leave benefits). I was told that for my salary, I have 1month salary compensation (1month benefit for teachers because we really have our vacation leave for summer) from my employer but for the second month (my salary) will be from the SSS. My questions are:
    1. Is it within the jurisdiction of the company or institution weather to include in the Special Leave Benefit the 1month leave benefit that is really given to teachers or faculty status employees?
    2. The new law says that the “The employee is entitled to full pay for two months based on her gross monthly compensation. Gross monthly compensation refers to the monthly basic pay plus mandatory allowances.” Should my 2 months salary come from my employer Sir/Ma’am?
    3. Will filing for sickness benefit and dissability apply in my case po? What is the difference between the two?

    I hope someone can enlighten me in my inquiries….THANK YOU VERY MUCH and GOD BLESS YOU…

    [Reply]

  102. how many times can an employee avail of this benefit within a month? if an employee already availed a 2months leave will she still be entitled for another 2 months once the employee had 2 separate operations within a year? than you.

    [Reply]

  103. i was diagnosed with myoma uteri and was scheduled for surgery this coming April 20 for myomectomy since the tumor inside of my myometrium is bigger than my uterus. I will be leave for 2 months. Can i avail this special leave benefit? Thanks…

    [Reply]

  104. Is apendectomy covered with this special incentive leave, which this was done for me last march 21, 2013. And, I report for work April 8, 2013. Worse is I didn’t receive any pay from my company, said SSS will do the job. Hope someone had to help. thanks.

    [Reply]

  105. gina baldon Comment:
    April 27th, 2013 at 01:59 pm

    hi good afternoon,will D & C due to abnormal uterine bleeding is also qualified for the benefits?i had been having the same disorder since 2010.Thank u

    [Reply]

  106. i have applied for magna carta last year. i was operated for ovarian cyst which they have to remove my left ovary. i gave my company all the documents needed before and after the surgery. i was operated last year in 2012 but havent received any response/updates up until now. what should i do?

    [Reply]

  107. I had TAHBSO last feb.15’13.I had already claim my sikness benefit from sss but my magna carta was not yet given.My company aware the law but they know if it is taxable or not.I need an answer for this please!!!!!thanks.

    [Reply]

  108. govinda shanti Comment:
    May 15th, 2013 at 11:32 am

    If an employee is habitually absent due to UTI , is this always valid as SL even if she has not remedied her gynecological ailment (non surgical) for a long time?

    [Reply]

  109. The law says that special leave is based on gross monthly income. However, we still need your confirmation if this is really non-taxable for better implementation.Hope we get an answer this time for this was being asked since 2011.thank you.

    [Reply]

  110. yerro, marissa s. Comment:
    June 8th, 2013 at 06:36 pm

    how about in my case i was operated last oct 2005 with TABHSO with two months leave with pay. Is there any provision that would exempt me from deducting my two months sick leave from my leave credits?

    [Reply]

  111. hi! I had a d & c in december of 2009 and another in 2011 can I still write our hr for me to avail of this? thank you.

    [Reply]

  112. Gladys Lagorra Comment:
    July 10th, 2013 at 10:58 pm

    Hi, i was operated last march 2012 due to ovarian cyst. The company provided me leave for two months and gave me my benefit of full two months leave with pay under the magna carta law for women.
    Lately, I noticed that my company claimed sickness to my SSS sickness benefit. I am not connected to that company anymore at present, it just happened i knew that they claim sss sickness because i log in online to my sss.
    I just have a question, with that magna carta law, am i still entitled to sss sickness benefit? because as i understand that magna carta is a company expense that they need to pay me.
    Also, sss already give them the check, is that suppose to be mine? or that is for the company?
    Thank you. Answer will be apreciated.

    [Reply]

  113. Gabriel Bonjoc Comment:
    July 19th, 2013 at 02:06 pm

    Its not your fault at all. The agreement between you and your company had been binding on the parties. Not all waivers or agreement are invalid as against public policy. The agreement made is may not later be disowned, simply because of a change of mind.

    [Reply]

  114. Can you clarify this phrase please “for the last 12 months”? Does it mean that I need to have at least one year tenure with my CURRENT employer to qualify for the special leave for women?

    1.She has rendered continuous aggregate employment service of at least 6 months for the last 12 months;

    [Reply]

  115. Additional info…I’m nearly 8 months with my current employer and have satisfied the 6 months continuous aggregate employment.

    [Reply]

  116. ma’am/sir hello..i am under a gov’t.agency and i have difficulty of conceiving.can i apply for a special leave for my situation for atleast 2 months for any medication or rest required by my physician? On what bases under the law could i use so i can still receive my salary if in case i’ll apply for this said leave?thank you?

    [Reply]

  117. Hi underwent hemorrhoidectomy last week, an operation for hemorrhoid. Can I file a claim under magna ?

    [Reply]

  118. Please advise if hemorrhoid surgery is covered under magna carta for women. Thank u

    [Reply]

    akosidangvil Reply:

    Hi Marie! To answer your inquiry, hemorrhoid surgery is not covered by the magna carta since it is not a gynecological disorder. Annyeong!

    [Reply]

  119. marilyn delantes Comment:
    September 18th, 2013 at 09:08 am

    I would like to ask the coverage of gynecological disorders?

    I would like to ask if these disorders are covered with Magna Carta?

    Removal of Cyst at the breast area (as minor surgery)
    Removal of Cyst at breast area (major surgery)
    Surgery of the breast(aside fro cyst).

    Hope for your soonest answer

    thank you.

    [Reply]

  120. Hi. I underwent a d&c last September 10, 2013. It was a minor operation and my doctor already gave me a fit-to-work certification. My question is, am I still entitled to a 60-day leave or just two weeks? Thanks a lot!872

    [Reply]

  121. I was advisesd by my OB to take 1 month leaved due to infertility. 6 years married and will undergo Hysterosalpingography. Can I avail magnacarta as infertility is a reproductive disorder.

    [Reply]

  122. arnold fonollera Comment:
    November 15th, 2013 at 05:39 pm

    My wife underwent colon resection surgery to remove a malignant tumor. Unfortunately, an ovariectomy had to be performed where the left ovary had to be removed due to its proximity to the tumor. Is the ovariectomy in this case covered by the magna carta even thought the cause for the ovariectomy is the colon tumor which is not a gynecological disorder. Please clarify.

    [Reply]

  123. i am an employee at a government hospital with an item of part time medical specialist. i underwent total abdominal hystrectomy and removal of the ovaries and fallopian tubes. i know that i am entitled to 2 months leave according to the magna carta law but the hr of our hospital says i am only allowed one month leave. if i need to extend another month i should use my leave credits. i would like some clarification on this matter since the way i understand the law is it does not matter whether if i am part time or full time. it is similar to the maternity benefits of women. i will just be given my regular salary as part time for the 2 months

    [Reply]

  124. Good day,

    I just want to ask, my ob is advising me to take a 3week bed rest due to contraction
    However as per the HR i have to get an approval coming from my Manager. Where my manager once informed me that he doesnt want to hear anything regarding my pregnancy. Actually this is the 2nd advised from the OB of having a total bed rest.

    Is it right for an employer to refuse their pregnant employee to follow doctor’s advise? Please answer my concern asap. Thank you.

    [Reply]

  125. hi! can a worker be suspended from work just because she got pregnant before marriage? thanks!

    [Reply]

  126. michelle m. Comment:
    January 18th, 2014 at 07:05 pm

    hi. i gave birth thru CS last dec 14, but also underwent cyst removal on my left ovary. can i still avail of magna carta? tnx.

    [Reply]

  127. taxable po ba ung benefit under magna carta?it also states na included ang allowance sa makukuha sa magna carta..the company that i’m working with deducted a sum of 3,200 from my salary & they didn’t include my allowance..pls reply for verification.tnx a lot

    [Reply]

  128. Hi, would like to ask if what forms or benefits from SSS will I get. Will go to D&C cause of endometrial polyps, is this also the same benefits of maternity leave and benefits or it is under sickness benefits.

    [Reply]

  129. Hi I’m Owen, employed in a private company. I undergo TAHRSO last. August 13, 2013 my employer paid my 60 days leave under Magna Carta, I even filed my sickness benefit to sss and sss approved 60days on my sickess, but my employer computed and paid me only 47days because they said that I still have my 13 days sick leave..FYI I have not used up my 13days sick leave until dec 31, 2013 and Also they never paid me. I.m just wondering because in their computation they deducted the 13days because they paid me during my confinement, but the truth is they did not paid me, only the 60days Magna Carta. Can you please help me. Thanks.

    [Reply]

  130. Hi I’m cathy, Q: is the hydatidiform mole (H mole ) consider consider an gynecological disorder?

    [Reply]

  131. Pie Nepomuceno Comment:
    March 16th, 2014 at 11:06 pm

    Hi there!
    I had Total Hysterectomy last January 11, 2014. I informed my employer as early as October 2013 about my possible surgery soon. I was informed that this is under the Special leave benefit of Magna Carta law. My question is: If I took my leave of absence started 1/2 day of January 10, 2014, and I am entitled for 2 months leave,when do I report for work? Does 2 months means working days only? Because is so, then I should be back by April 3, 2014 (to complete the 60 working days), right? Another question, what if my wound is still open, not yet totally healed, can I still extend my leave with pay? Hope you can answer all my questions. Thanks and have a nice day!

    [Reply]

  132. Pie Domingo Comment:
    March 16th, 2014 at 11:10 pm

    Hi there!
    I had Total Hysterectomy last January 11, 2014. I informed my employer as early as October 2013 about my possible surgery soon. I was informed that this is under the Special leave benefit of Magna Carta law. My question is: If I took my leave of absence started 1/2 day of January 10, 2014, and I am entitled for 2 months leave,when do I report for work? Does 2 months means working days only? Because is so, then I should be back by April 3, 2014 (to complete the 60 working days), right? Another question, what if my wound is still open, not yet totally healed, can I still extend my leave with pay? Hope you can answer all my questions. Thanks and have a nice day

    [Reply]

    akosidangvil Reply:

    Hello Pie! I am from the HR dept of an electronics company. The 2 months leave mentioned in the magna carta is calendar days meaning sundays and holidays are included in the counting (refer to Article 13 of the New Civil Code). If you have already consumed your 2 months leave but not yet totally healed, you may extend your leave but you are no longer entitled to special leave benefit for women since 60 days is the maximum number of days allowed per year. I hope this helps. Annyeong!

    [Reply]

  133. I will be undergoing hysteroscopy with d&c due to abnormal uterine bleeding this week.. is this still covered under this law? Our company nurse said only 2 weeks of rest is enough..

    [Reply]

    Liza Reply:

    Hi Ms. Mel we have the same concern. I’ll be havingy surgery this coming July due to AUB also. I think it is covered but what if the doctor advised that a week rest is enough? Did you receive any response from this? It will be a great help. Thank you.

    [Reply]

  134. Hello!

    A cyst was removed from my right breast last June 12, 2010. Can I still file for this? Thanks!

    [Reply]

  135. Hi. I’m 45 years old and I underwent total hysterectomy last December 28, 2013 due to abnormal uterine bleeding. Previous to that I underwent hysteroscopy with polypectomy in March 2013 and then D&C in July 2013 because I just kept bleeding. In January I file for disability claim from SSS Marikina but they said I need to wait for 60 days from the date of the surgery for me to file. The staff date stamped my documents. I went back to SSS on March 2014 for examination by the SSS physician and she told me that I couldn’t claim because I was already 45 years old and the results were benign. She said that if I had been 44 when I underwent this surgery then I would have been able to claim. Is there really such a policy? Please enlighten me because I really want to appeal my case. Thanks.

    [Reply]

  136. akosidangvil Comment:
    April 15th, 2014 at 10:13 am

    Good morning.

    I just want to ask if polypectomy is included in the gynecological disorder?

    Thanks

    [Reply]

  137. I undergone TAHLSO last Jan. 28, 2014 am I cover by Magna Carta Law? If yes, does this is means that may company have to pay me for the 2mos leave even if I already back to work last March 4, 2014.

    thanks Grace

    [Reply]

  138. I undergo total abdominal hysterectomy last January 21, 2014.. i had my sickness benefits for 2 months..can i also apply for partial disability from SSS who can received a monthly pension? thanks and best regards

    [Reply]

  139. my tanong lang po ako>. naoperahan po ako ng total abdominal hysterectomy last JANUARY 21, 2014, that time i am 44 years old, pagdating ng birthday ko nang MARCH 2 i turned 45.. can i still claim for disability benefits? sabi kc nila hangang 44 years old lang ang dapat mag avail? ngaung May palang sana ako mag apply ng disability claim.. pwd kaya yon? need your advice.. thanks

    [Reply]

  140. hi po.. ask ko lng po sana kung covered ba ng sickness benefit ang mole removal?isa lang naman yung pinatanggal ko.. lumabas po s biopsy hndi naman cia cancerous.. lumalaki lang cia.. ty po..

    [Reply]

  141. i undergone 2nd caesarian section and BTL last jan 2014, can i still avail the special leave benefit even i have started working again? what will i do if ever? thanks.

    [Reply]

  142. Hi Charro, we have the same case and same scenario. I was also told by SSS physician in Pasig Branch that I cannot avail for I’am already 46 yrs old. Age limit ang naging issue. Were you able to appeal your case? Please advise. Thanks.

    [Reply]

  143. Hi, could you kindly provide your advise if I can avail the special leave for women if I’ll be having my elective CS and bilateral tubal ligation at the same time this July 12, 2014?

    Thanks and more power!

    [Reply]

  144. Yvonne Sy Comment:
    June 20th, 2014 at 04:03 pm

    Hi Good day,

    Would like to seek help regarding my query, I underwent Endometriosis last May 6, 2014 and was advised by my OB to rest for 21 days, so, I returned to work May 26, 2014. Now, Will I be able to get the 2 months SPECIAL LEAVE benefit from my employer? And, can I still avail the SSS Sickness Benefit? Please help me on this. Thank you and God bless us all.

    [Reply]

  145. Jacqueline Balanay Comment:
    June 23rd, 2014 at 06:16 pm

    hi, i will undergo fractional curettage this coming June 28, 2014 because of cervical polys and endometriosis. can i use this special leave benefit. thank you

    [Reply]

  146. My friend underwent a hysterectomy last week and the company said that she can avail of the special leave benefits but this will be taxable. Is the company right that it’s taxable?

    [Reply]

  147. Hi, just wanted to ask Special benifits in Magna Carta Law.
    I had an operation last April 29 because of ovarian cyst… Am i double pay for the month of May because it is a vacation.
    Thanks

    [Reply]

  148. Is it necessary that I will exactly consumed my 78 days maternity leave before the company or sss will pay my maternity benefits?

    [Reply]

  149. Jonalyn Barasi Comment:
    July 2nd, 2014 at 02:56 pm

    How come our company (Catholic School) dont know about the Magna Carta for Women?

    [Reply]

  150. Hello,

    I had a surgery done last year due to an ovarian tumor. I only applied for a 5-day sick leave and returned to work prematurely because neither my company nor I knew about the magna carta for women benefit. It was only in March of this year that this benefit was known to both parties. In this case, am I entitled to a retroactive fo my supposed 30-day recuperation?

    [Reply]

  151. Is magna carta per illness or is it just 60 days per year? Thank you.

    [Reply]

  152. If MCW was given by an employer due to a hysterectomy procedure (employee was out for 60 days), is the employee still eligible to claim for sss sickness reimbursement? If MCW was used, the employee’s earned sick leave credits should not be used for the absence, right?

    [Reply]

  153. Hi i just want 2 ask i’ve been workin in this private company for 30months already. I undergone d&c back in feb 24. But i was on sl starting feb17. I was able to get paid somehow in accordance to this law but i dont think it is enough. I’m getting 19,000 base pay and 3,000 allowance as per contract but i only received 13,000+ for this. I only had my return to work cert apr1 though i reported to work inconsecutively from mar 10-apr1.was the pay enough?not just that i was taxed 4,800 plus as well. Should it be taxable?

    [Reply]

  154. Since the law is new, there are no cases yet on the matter. On a purely legal standpoint, I believe that the computation of the amount given to you my be correct.

    Btw, did you apply for leave based on this law? or based on company policy?

    [Reply]

  155. raychel noche Comment:
    July 22nd, 2014 at 10:30 am

    hi! i have undergone oophorectomy and curettage last april 15, 2014 due to large cyst on my ovary and thick line of my matress. I’m still single and yet i have consumed all my savings on this operations. my question is, how can i apply for this benefit?

    [Reply]

  156. elizabeth esteves Comment:
    July 26th, 2014 at 01:44 pm

    Hi.. I’d like to ask regarding this Special benefits for women.
    Last March 10, 2014 i had my Total Hysterectomy Or TABHSO. I got my SSS benefit for 60 days. I had no salary for 2 mos. My company did not pay me. How come my company didn’t know about this Magna carta for women. Pwede ko pa ba eh Avail this benefits. Ask ko na rin po kung Naka Sick leave ng 2 mos. wala din po bang hulog sa SSS for 2 mos. at pag-ibig.

    Thank you.

    [Reply]

Add your comment now

 

2 pings

  1. [...] Special Leave Benefits for Women…. Special Leave Benefits for Women…. [...]

  2. [...] Special Leave Benefits for Women…. [...]