DoLE approves ‘special leave’ for female employee in private sector

Published by rudy Date posted on March 20, 2011

The Department of Labor and Employment (DoLE) approved the special leave for women working in the private sector who are scheduled to undergo surgery for gynecological disorders.

The guidelines for availing themselves of the special leave privilege are contained in the Department Order 112-11 issued by Labor Secretary Rosalinda Baldoz provided for under Republic Act 9710 (Section 18), known as the Magna Carta for Women (MCW).

Baldoz said that the guidelines ensure compliance in the implementation of the special leave benefits for women employees in the private sector.

“The two-month leave is in addition to the leave privileges under existing laws,” said Baldoz.

Eligible for the special leave benefit are women employed in the public sector, regardless of age and civil status, with at least six months’ aggregate employment service rendered in the 12 months prior to the surgery.

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 her employer in allowing her to receive pay before or during the surgery.

“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 the two months allowed under the special leave benefit, may be charged against the employee’s earned leave credits,” Baldoz said.

To apply for special leave, a woman employee shall file her application leave 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.

The benefit is non-cumulative and not convertible to cash, unless otherwise provided for in a collective bargaining agreement.

The guidelines shall take effect 15 days after its publication in a newspaper of general publication. –Mina Diaz, Daily Tribune

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