The Magna Carta of Women: Knowing Your Rights Under PH Laws

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You’re probably aware of your rights to a sick or vacation leave — heck, you might have used up all your paid leaves by now. But, did you know that the female employees in the Philippines are entitled to special leave benefits as well?

No, we’re not talking about maternity leave. Instead, this is something we can rely on in the event that we go through a medical procedure concerning our reproductive health.

The Magna Carta of Women

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Under the Republic Act 9710, also known as The Magna Carta of Women, a female employee shall be entitled to up to two months of special leave with full pay following surgery caused by gynecological disorders. This benefit is in addition to leave privileges (sick leaves, vacation leaves, and parental leaves for solo parents) given to employees under existing law.

Among the most common examples of gynecological disorders are dysmenorrhea, uterine fibroids, and polycystic ovarian syndrome or PCOS. But as mentioned, you can’t ask for a two-month leave simply because you’re experiencing painful menstrual cramps (but, we should get a half day off, at least, right?). The Magna Carta of Women Special Leave Benefits Program only covers female employees who need to undergo gynecological procedures or surgeries, whether it’s a minor or a major one.

How Long Can You Take a Leave from Work?

 

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Women who are advised to undergo ovarian cyst aspiration, breast biopsy and other gynecological procedures that require two weeks or less of recuperation period may be entitled to up to two weeks of special leave benefits. By contrast, those who have to undergo total abdominal hysterectomy, total mastectomy, and other major procedures may receive two months of special leave benefits.

After all, these surgeries are no small thing. They can take a toll on a woman’s body. In fact, the average recovery period for these procedures is between three weeks to two months. So, if you had to endure a major gynecological surgery, it is only fitting that your employer gives you the adequate rest you deserve.

So, Are You Qualified for this Benefit?

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If you’re an employee in the private sector, you qualify for special leave benefits provided that you comply with the following conditions:

  • You have rendered at least six months of continuous work for the last twelve months before the surgery;
  • You have filed an application for special leave within a reasonable period of time from the expected date of surgery (except in cases requiring emergency gynecological procedure);
  • You have undergone a procedure due to a gynecological disease certified by a competent physician

Again, the special leave benefits may entitle you to full pay for two months, which includes your basic monthly income and mandatory allowances. You should remember, however, that these special benefits are non-cumulative and non-convertible to cash (like your unused sick or vacation leaves) unless otherwise stated in the company rules.

Of course, these benefits are some of the things you should never wish for. But at least, with the existence of Magna Carta of Women Special Leave Benefits Program, you can rest assured knowing that the company you serve eight hours a day, five days a week will take care of you during one of the most difficult times in your life.

Also Read: Know & Exercise Your Rights: Legal Benefits for the Filipina Supermom

9 Responses

  1. Marinell Rivera

    Good morning po, I gave birth last February 16, 2018. Unfortunately, I was diagnosed last February 22 of urinary bladder rupture, complications from giving birth. Am I qualified for the Magna Carta Law?

    Reply
    • MommyI

      Hi, sorry to butt in. I believe you are still on mandatory leave when it happened, I guess you will extend a few more days recovery.

      Reply
  2. Kath

    Hi, I just had a myomectomy procedure. Last week, but in September, I filed for a vacation leave. Am I still entitled to this benefit? Thank you.

    Reply
  3. Marivic Peco

    Ma’am.
    I would like to know if calculous cholecystitis is covered by magna carta for women? I had my operation last October 3, 2018, is it still covered?
    Thank you.

    Reply
    • Grisel Garcia

      Hi Marivic, it should be covered. Please consult your HR rep about the process. Thanks.

      Reply
  4. Sahlee C. Suniga

    Hi good evening! just want to ask my case regarding dilatation and curettage due to thickened lining of my uterus.As regular/permanent employee in public school (5 yrs. in service) Am i entitled for 60 days leave with pay? if not, what benefits can I avail ? thank you and God bless!

    Reply
    • Grisel Garcia

      Hi Ma’am we believe so that you have entitled to the benefits under the law. But we recommend you talk to your school administrator or ACT representative about this so you can find out the full process. Thanks.

      Reply

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