Availment of Special Leave Benefit

Frequently Asked Questions



What is the special leave benefit under the Magna Carta of Women?

The MCW special leave benefit refers to a female employee’s leave entitlement of up to two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders. Gross monthly compensation is defined as monthly basic pay plus mandatory allowances fixed by the law/regional wage board.


What are gynecological disorders and what surgeries fall under this category?

Gynecological disorders are disorders that would require surgical procedures such as, but not limited to, dilation and curettage and those involving female reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor. Gynecological surgeries shall also include myomectomy, hysterectomy, ovariectomy and mastectomy.


Who may avail the special leave benefit?

Women employees, regardless of age and civil status

In the private sector, any female employee who has been with the company for the last twelve (12) months and has rendered at least six (6) months of continuous aggregate service may avail the said leave prior to undergoing surgery.
In the public sector, any female employee who has rendered at least six (6) months aggregated service in any various government agencies for the last twelve (12) months prior to undergoing surgery for gynecological disorders may avail of the said leave.


When should the application for the special leave benefit be filed?

The special leave benefit may be filed in advance, at least five (5) days for the government sector, or within a reasonable period of time prior to the scheduled date of gynecological surgery for the private sector. In case of emergency surgical procedure, the said leave shall be filed immediately upon the employee’s return from such leave.


When can the MCW Special Leave benefit be availed?

MCW Special Leave benefit may be availed following surgery caused by a gynecological disorder. However, for employees in the private sector, the employer, in its discretion, may allow said employee to receive her pay for the period covered by the approved leave before or during the surgery.


What if the employee incurred leave of absence prior to the surgery? 

Female employees in the private sector may charge their leave of absence to the company leave and other mandated leave benefits. On the other hand, female employees in the government sector may use their earned sick leave credits or their vacation leave credits, after their sick leave credits have been exhausted.  


Can it be availed more than once?

Yes. The special leave benefit may be availed for every instance of surgery due to gynecological disorder for a maximum total period of two (2) months or sixty (60) calendar days per year. 


What if the doctor prescribed more than 60 days of recuperation period? 

In case the recuperation period will exceed 60 days, female employees in the private sector may charge their leave of absence to the company leave and other mandated leave benefits. On the other hand, female employees in the government sector may use their earned sick leave credits or their vacation leave credits, after their sick leave credits have been exhausted.  


Can a female employee who has undergone a surgery due to gynecological disorder during maternity leave avail the special leave benefit?

The woman employee who has undergone surgery due to gynecological disorder during her maternity leave is entitled only to the difference between the maternity leave benefits and the special leave benefit under Republic Act No. 9710.


How should the employee’s salary be computed for the period covered by her approved special leave?

Section 18 of RA 9710 provides for the entitlement to Special Leave Benefits of women employees who have rendered continuous aggregate employment of at least six (6) months for the last twelve (12) months 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;


Is Special leave benefit the same as SSS sickness benefit? 

No. The MCW SpecialLeave benefit is different from SSS sickness benefit. The MCW Special Leave benefit is granted by the employer to a woman employee who has undergone surgery due to gynecological disorder while the SSS sickness benefit is administered and given by SSS in accordance with SSS Law or RA 1161 as amended by RA 8282.


Can the MCW Special Leave benefit be earned and/or converted to cash? 

No. MCW Special Leave benefit is non-cumulative and non-convertible to cash unless otherwise provided by a collective bargaining agreement (CBA) in the private sector.


What will happen to the existing or similar benefits under a company policy, practice or collective bargaining agreement (CBA)? 

The existing similar benefits under a company policy, practice or CBA shall be considered as compliance, unless the company policy, practice or CBA provides otherwise. In case the company policy, practice or CBA provides lesser benefits, the company shall grant the difference.


What are the documents needed in filing for the special leave benefit?

  • Accomplished and approved leave form being used in the agency/company
  • Medical Certificate certified by a competent medical authority preferably specializing in gynecological disorders who is in the position to determine the recuperation period of the woman employee

The Medical Certificate shall be accompanied by a clinical summary reflecting the gynecological disorder, histopathological report, operative technique used, duration of surgery, period of confinement, as well as period of recuperation.



For further queries or concerns regarding the special leave benefits, please directly contact the following:

For the private sector:

Department of Labor and Employment
24/7 Hotline: 1349
E-Query, click here.


For the government sector:

Civil Service Commission – Human Resource Policies and Standards Office
Telephone: (02) 8951-4629
Telefax: (02) 8931-4144
Text CSC: 0917-839-8272
Email: hrpso@csc.gov.ph


References:

CSC Memorandum Circular No. 25, s. 2010: Guidelines on the Availment of the Special Leave Benefits for Women under R.A. 9710 (An Act Providing for the Magna Carta of Women); DOLE Department Order No. 112-11 s. 2012: Guidelines Governing the Implementation of the Special Leave Benefits for Women Employees in the Private Sector; and Department Order No. 112-A, s. 2012 : Amending the Guidelines on the Implementation of the Special Leave Benefit for Women Employees in the Private Sector.

CSC Resolution No. 1000432: Guidelines on the Availment of the Special Leave Benefits for Women under R.A. 9710 (2010). Retrieved here on July 22, 2020.

DOLE Department Order 112-11: Guidelines Governing the Implementation of the Special Leave Benefits for Women Employees in the Private Sector. (2011). Retrieved here on July 22, 2020.

DOLE Department Order 112-A: Amending the Guidelines on the Implementation of the Special Leave Benefits for Women Employees in the Private Sector. (2012). Retrieved here on July 22, 2020.

Republic Act No. 9710: Magna Carta of Women: Implementing Rules and Regulations. (2011). Manila: Philippine Commission on Women.