Female employees are entitled not only to maternity leave but also Special Leave as provided in RA 9710. This special leave can be availed by those who are scheduled to undergo surgery for gynecological disorders.
GYNECOLOGICAL DISORDERS
“Gynecological disorders” refers to 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 also include hysterectomy, ovariectomy and mastectomy.
CONDITIONS FOR ENTITLEMENT
- 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 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 collective bargaining agreement; and
- She has undergone surgery due to gynecological disorders as certified by a competent physician.
WHEN TO APPLY FOR SPECIAL LEAVE
The employees shall file her application for leave with her employer within 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 bargain agreement.
Prior application for leave shall not be necessary in cases requiring emergency surgical procedure, provided that the employer shall be notified verbally or written form within a reasonable period of time and provided further that after the surgery or appropriate recuperating period, the female employee shall immediately file her application using the prescribed form.
THE SPECIAL LEAVE 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 fixed by the regional wage boards.
NON-CONVERTIBLE TO CASH
The special leave shall be non-cumulative and non-convertible to cash unless otherwise provided by a collective bargaining agreement (CBA).
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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