Handbook on Workers' Statutory Monetary Benefits (2024)

Special Leave For Women: Definition

Special leave for women refers to the paid leave granted to a female employee allowing her to recuperate following surgery caused by gynecological disorders for a period of up to two months.

Special Leave For Women: Coverage

This benefit applies to all qualified female employees, regardless of age and civil status, who have undergone surgery due to gynecological disorders.

Special Leave For Women: Duration

Under the Magna Carta of Women, a female employee having rendered continuous aggregate employment service of at least six months for the last 12 months shall be entitled to a special leave benefit of two months with full pay based on her gross monthly compensation following surgery caused by 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. The special leave shall be non-cumulative and non-convertible to cash unless otherwise provided by a CBA.

Special Leave For Women: Conditions for Entitlement

A female employee shall be entitled to special leave for women provided that: 1. She has rendered at least six months continuous aggregate employment service for the last 12 months prior to surgery; 2. She has filed an application for special leave with her employer within a The two (2) months special leave is the maximum period of leave with pay that a woman employee may avail of under Republic Act No. 9710. For purposes of determining the period of leave with pay that will be allowed to a woman employee, the certification of a competent physician as to the required period of recuperation shall be controlling. Please see DOLE Department Order No. 112-A, Series of 2012. Gross monthly compensation refers to the monthly basic pay plus mandatory allowances fixed by the regional wage boards. See DOLE Department Order No. 112A, Series of 2012 entitled Amending the Guidelines on the Implementation of the Special Leave. Issued on 22 May 2012. See DOLE Department Order No. 112, Series of 2011 or the Guidelines on the Implementation of the Special Leave benefits for women Employees in the Private Sector. Issued on 11 March 2011. 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 3. She has undergone surgery due to gynecological disorders as certified by a competent physician.

Special Leave For Women: Frequency of Availment

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

Special Leave For Women: Special Leave for Women while on Maternity Leave

The female employee who had undergone surgery due to a gynecological disorder during her maternity leave is entitled to receive the difference between the maternity leave benefits and the special leave benefit. Likewise, whenever the maternity leave and special leave benefits overlap, the female employee will only receive full pay for each day covered by both benefits, since both benefits are considered paid leave.