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cgoseco
28th February 2012, 12:01 PM
Hi Sir,

I'm a new member here and I think that your site is very helpful to both employees and their employers.
My concern is regarding the Special Leave Benefit implemented by DOLE last year. We have an employee who was operated and eligible to avail the said leave benefit. Our Company thus gave her the benefit as stated in the guidelines. Furthermore since our company is in the private sector, we are also covered under the SSS benefits. Our employee filed for the SSS sickness notification covering the period of her operation up to date of fit to work. However, SSS denied her sickness application stating that she should fully consume first the Special leave benefit before claiming any sickness benefit from them.
Our concern is that DOLE and SSS are two separate gov't agency that provides separate benefits to private employees. How come we can not claim both?

Hope you can give us a more clearer picture on this.

Thanks and more power to your site.

Atty. James S. Biron
25th March 2012, 04:18 PM
Hi Cgoseco,

You cannot claim both because, you as the employer, should be the one giving the Special Leave Benefit to your employee and not the DOLE. See Paragraph T, Section 7, Rule 2 of the Implementing Rules and Regulations of R.A. 9710, which states:


Special leave benefits for women” refers to a femaleemployee’s leave entitlement of two (2) months with full pay from her employer based on her gross monthly compensation following surgery caused by gynecological disorders, provided that she hasrendered continuous aggregate employment service of at least six (6)months for the last 12 months;


Meanwhile, with regard to the sickness benefit, the SSS employee is wrong in telling you that your employee cannot claim the sickness benefit and must first exhaust the Special Leave Benefit granted by R.A. 9710.

Sec. 1 (a) of DOLE Department Order No. 112-11 states that, the Special Leave Benefit shall be in addition to leave privileges granted under existing laws. Thus, the sickness benefit and special leave benefit can be applied for at the same time.

Ellen_law
10th April 2012, 02:58 PM
Hello there,

I will appreciate your advise related to this law. I had gynecological disorder surgery last Feb 2011 and the law was approved 2009. I already claimed my SSS benefit. Am I still entitled to this Section 18 Special Leave Benefit? My employer said that "If you are paid already thru SSS, you cannot claim anymore from your employer. Currently, we are following this law once SSS had disapproved a sickness notification claim related to gynecological disorder surgery. Once SSS send it back to employer with the notes on magna carta of women. The 2 month full salary is higher than SSS sickness benefit. I am not sure why does my employer gave me that reason.

Thanks for the help in advance.

Atty. James S. Biron
12th May 2012, 09:16 PM
Hello Ellen_law,

Yes, you are still entitled to that. Sec. 1 (a) of DOLE Department Order No. 112-11 states that, the Special Leave Benefit shall be in addition to leave privileges granted under existing laws.

MelissaBal
15th May 2012, 07:03 AM
Hi Atty. James,

Good day to you!

I just got operated last May 6, 2012 for TAHBSO and I already received the 2 month leave benefit from our company under the Magna Carta for Women. I just want to know if I can still file and claim for the SSS sickness benefit. Our HR department said that I cannot claim anymore for the SSS benefit since I already have the Magna Carta benefit.

Can you please clarify me on this issue. Is the Magna Carta and SSS the same? Can I not apply for both since I need additional financial assistance because I was diagnosed with Stage IIC ovarian cancer and needed to go for chemotherapy.

Hoping for your assistance on this matter.

Thank you very much,

Melissa S. Balajadia

jbasco_5980
23rd May 2012, 12:24 PM
Hi,

I'm am new to this site. I would like to seek for clarifications re: Special Leave Benefits for Women. I've undergone a major surgical operation due to gynecological problems last June 17, 2010. I was on - leave for two (2) months. I was able to avail for my SSS sick leave benefits. However, I was not able to enjoy the special leave benefit as stipulated in the Magna Carta for Women. The reasons behind (1) I was not familiar that there is this special law for women and (2) our HR never informed me about this privilege due to the fact that they are not familiar with the said law too. Just this month, I've learned that there is this two-month leave in addition to the leave privileges under existing laws. I've resigned from the company last November 12, 2010. I was an employee of the said company for more than 2 years (Sept. 24, 2008 to (November 12, 2010). I would like to raise this query, (1) Can i oblige my employer for a refund even if I've resigned from the company already? It's been 1 year and 7 months that I am disconnected from the said company. Please note that during my 2 months leave, I used my all my vacation and sick leaves. I was without salary for 2 months. These should not be the case should have I and our HR known this Magna Carta for Women ... Please help me on these matters as I am about to send a letter request to my previous employer...

Thanks and regards,
Jackie

Glo-Ann
27th May 2012, 11:45 PM
Hi Atty.,

Am i still entitle for 2 months pay salary if my operation and recuperate period is for only 2 weeks?

Thank you.

Mitch Beleno
7th June 2012, 12:01 PM
Hi!

I would like to ask if I am still qualified to avail of this benefit. If I am right, it was approved August 15, 2009? During that time, I was on leave due to mastectomy (operation was done July 22, 2009). I was paid by SSS for the two months that I was on leave.

Thank you.

Mitch

pjemima
21st June 2012, 08:13 AM
good day sir! i will undergo a major operation this july 5, 2012 on my ovary. i have an ovarian cyst. my doctor said the procedure will be ovarian cystectomy. I am a public school teacher. I served as a regular sustitute teacher starting july 11, 2011 and became permanent last August 8, 2011. Now my concern is, can i still avail the Special Leave Benefits for Women Under RA 9710? what is the meaning of section 2.1: "She has rendered continuous aggregate employment service of at least 6 months for the last 12 months;"
thank you so much. hoping for your immediate response :)

ylef
3rd July 2012, 07:25 AM
Hi Sir,

I have the same situation as above. My employer told me I cannot anymore claim my SSS sickness benefit because I have this special leave for women. And the reason for this is that SSS sickness benefit can be avail only if all company sick leaves with pay for the current year has been used up.

Is this correct?

Thanks.

cgoseco
13th July 2012, 02:06 PM
Thank you Atty for the time you've spent in answering our queries. I need another clarification and I hope you can enlighten me on Dept. Order 112-A Section 1 paragraph (c)

“Gross monthly compensation” means the monthly basic pay plus mandatory allowances fixed by the regional wage boards.
Am I right that the mandatory allowance mentioned above is the COLA? If yes, does it mean that for the full duration of the EE's SLB she will receive COLA regardless if it falls on a Special / Regular Holiday?

Thanks again in advance :)

Atty. James S. Biron
20th August 2012, 10:37 AM
Good day Melissa, the Magna Carta for Women benefits are distinct from the SSS benefits. You can apply for both.

Atty. James S. Biron
20th August 2012, 10:50 AM
Hi Jackie, you will be entitled only if you complied with Section 3 of the Department Order No. 112-11 Series of 2011.

Atty. James S. Biron
20th August 2012, 10:55 AM
Hi Glo-Ann, this is an interesting question. The Magna Carta as well as the DOLE Depart Order are silent on this matter. It is my opinion that you are still entitled to that benefit.

Atty. James S. Biron
20th August 2012, 11:00 AM
Hi Mitch,

It was approved August 14, 2009 and took effect 15 days after it was published in a newspaper of general circulation.

The law does not provide for a retro-active application. Thus, those events that took effect prior to its effectivity will not be covered by this law.

Atty. James S. Biron
20th August 2012, 11:15 AM
good day pjemima, i hope the operation went well! the phrase means that if you worked for 6 months straight for the last 12 months before the application for the leave benefit, then you will be entitled to the benefit.

In your case since you started working on july 11, 2011 and assuming you worked continuously until the operation, then you will be entitled to the benefit.

Atty. James S. Biron
20th August 2012, 11:23 AM
Hi Fely,

Simple solution, use your special leave first, then avail of the SSS sickness benefit.

jo-bp
26th August 2012, 07:36 AM
Hi Atty, I am employed in a BPO company since December 2010. January of this year, I gave birth via CS the baby was born pre-term due to complications with my myoma. I was given the due maternity leave and received my SSS maternity benefit. After 4 months (May 10 of this year) I had undergone another surgery to have my myoma removed, my company approved my 1 month medical leave (without pay since i already used up my leave entitlement). I got back to work on June 11 and up to now my HR is still processing my SSS sick benefit. I only heard of the Magna Carta for Women last night from a friend so I started to Google and found your site helpful.
I just want to ask if I am eligible to claim my benefit under Magna Carta for Women even it was already more than 3 month after my surgery and if I am eligible because I was not able to work straight for the past 6 months due to the maternity leave that i have filed from January to April3. Thank you for your time.

Welvin
8th October 2012, 10:39 PM
Hi Sir,

I am just wondering if my wife is eligible for the special leave? It states that, "She has rendered continuous aggregate employment service of at least 6 months for the last 12 months." She underwent hysterectomy after giving birth to stop bleeding. Question is that, previous to her giving birth, her OB-Gyne instructed her to have complete bed rest for the duration of her pregnancy due to threatened abortion and later on due to pre-term labor. She was unable to work from November 2011 to March 2012 and June to July 2012, due to her condition and being a teacher, it would be physically impossible for her to work without endangering her or the baby. Would the 78-day maternity benefit count?

Thanks

jsalmingo
20th October 2012, 07:10 AM
Hi Atty.!

I undergone D & C last July 12. I learned about this SLB thru our HR online the other day. I was on Maternity Leave from July 12- Sept 8, 2012. I would just like to know if I am entitled for this benefit. Based on the slide that the company posted on our HR Online, comparing SLB VS Maternity, I will be able to get only the difference between the 2. Is this true? Please enlighten me.

Thanks!
JENNY

tjfrancis
17th May 2013, 10:45 AM
Hi Sir,

Good day, we would like to ask....me and my officemate underwent TAHBISO last October 2011, we were covered by the Magna Carta for women can we still file SSS Sickness benefit? Our HR department is not familiar with the system and advised us that we cannot file for the sickness benefit. If yse, can we still file even if the operation was last October 2011.

Hope you can enlightened us with our query and how can we file for such.

Thanks and more power.

Atty. James S. Biron
20th May 2013, 08:43 PM
Tjfrancis,

Late filing does not prevent you from getting your benefits. You may still file for the SSS benefit even if you're already covered by the Magna Carta for Women, Sec. 1 (a) of DOLE Department Order No. 112-11 states that, the Special Leave Benefit shall be in addition to leave privileges granted under existing laws. This means that you could still avail of SSS benefits.

Lourdz
21st May 2013, 07:56 PM
Hi Atty James,

I just want to clarify Section 13 of Department Order 112-A Retroactive Application. Is it correct to say that I am still entitled for the 2 months salary even if my procedure was done last February 2011?

Why does DOLE told me that I am only entitled for the leave restoration? What about the compensation?

Hope you could help me understand this section. Thanks!

Atty. James S. Biron
22nd May 2013, 09:23 AM
Hi Lourdz,

Department Order 112-A has no Section 13. Which section are you actually referring to?

You are entitled to the 2 months salary even if it was done a month before the issuance of the department order, this is because your right to the said benefit was given by the Magna Carta law that took effect in 2009, the department order was a mere guideline. In addition the department order states in Sec. 8 Transitory provision that hose who have taken a leave following a surgery for a gynecological disorder on or after 15 September 2009 are entitled to the special leave benefits for women.

The Magna Carta law and the Department Order are both clear in stating that there must be full pay for two months, not leave restoration.

Lourdz
22nd May 2013, 08:51 PM
Hi Atty. James,

Thanks for replying.

I was referring to the Department Order 112-A Series of 2012.This is an amendment to the implementing rules of Magna Carta. Section 13 states that: Retroactive Application - The woman employee whose leave period for surgery and recuperation due to gynecological disorders after the effectivity of the Magna Carta of Women (RA No. 9710) on 15 September 2009 and before the promulgation of its Guidelines (DO 112-11) on April 6 2011, was deducted against her sick or vacation leave credits shall be entitled to the restoration of said leave credits and/or payment of appropriate compensation or salary at the time of surgery, as the case may be.

I tried to ask our HR about this but they said that it cannot be granted since my gyne disorder is a recurring condition. I had the same diagnosis and procedure done on Feb 2011 and this April 2013. April 2013 benefits were already granted. Is the company correct in saying that they cannot grant the magna carta benefit for my 2011 procedure?

Second, I called DOLE about this and they said that only the restoration of the leave credits is allowed since I used my SL credits.

I wasn't able to claim this benefit last 2011 because at that time I didn't know that there is such benefit and the company didn't told me about this.

Also my doctor gave 2 weeks recuperation period but I decided to go back to work after a week since my absence is credited against my SL credits. Can I still claim this and have the 2 months salary?

Thanks Atty. James!

tjfrancis
24th May 2013, 10:52 AM
Tjfrancis,

Late filing does not prevent you from getting your benefits. You may still file for the SSS benefit even if you're already covered by the Magna Carta for Women, Sec. 1 (a) of DOLE Department Order No. 112-11 states that, the Special Leave Benefit shall be in addition to leave privileges granted under existing laws. This means that you could still avail of SSS benefits.


in relation to this.....before i underwent TAHBISO last October 2012, August of the same year i was also hospitalized due to the same case..i underwent Diagnostic D&C due to abnormal uterine bleeding. I did not file for SSS Sickness Benefit because I was just on leave for 7 days...can I still file for this.

lizaarrieta
27th May 2013, 03:45 PM
Hi Atty. is the special leave benefit for women taxable?

Atty. James S. Biron
27th May 2013, 11:40 PM
Hi Lourdz,

Thank you for pointing that out. DOLE is right, the Department Order 112-A Series of 2012 is clear in stating that leave restoration is the remedy here. This is because the Feb 2011 procedure was within the period contemplated by the Department Order.

In addition, conversion of unused SLB is not allowed under the Magna Carta Law as well as the Department Order under Sec. 12.

Atty. James S. Biron
27th May 2013, 11:44 PM
Hi Tjfrancis,

Yes, you may

Atty. James S. Biron
27th May 2013, 11:52 PM
Hi Lizaarietta,

Yes, it is, since this is not a de minimis benefit

solsticemarie
8th July 2013, 05:47 PM
Hi Lizaarietta,

Yes, it is, since this is not a de minimis benefit


Hi Atty!

So this benefit is taxable even if it says "Full Gross Income"? Does this benefit include allowances (food, transportation, etc)?, and how am I gonna get paid for those two months? Will it be in lump sum or will pay under payroll cuts?

My OB-Gyne ran some tests and she confirmed that I have to large tumors in my uterus and a surgery is needed. This is the first time that I've learned about Magna Carta. We don't have a definite date for the surgery yet because I also need to undergo a spine surgery next week so we have to wait for my full recovery before I have my uterus cut.

Thank you, Atty. :)

Atty. James S. Biron
13th July 2013, 02:54 PM
Hi Solsticemarie,

Yes it is, gross refers to the compensation you receive pre tax. It includes "mandatory allowances" fixed by the regional wage board (Sec. 5 of the DOH D.O. 112-11). It will be lump sum after the surgery.

You may read the whole Department Order through this link http://pcw.gov.ph/sites/default/files/documents/laws/dole_guidelines_mcw_special_leave_benefits.pdf

khunkim
2nd August 2013, 08:46 AM
Hi Atty! Ask ko lang po, na-operahan po sa dibdib ang girlfriend ko. 2 months siyang naka-leave. Nung fit to work na siya, tsaka nia lang na-file yung sa special leave benefit. She's expecting din po her SSS sickness benefit. Pero nung nag-follow up siya, sabi po ng HR ng company di na daw po nia pwedeng ma-avail yung sickness benefit kasi na-avail na yung special leave benefits. Di po kasi nila ginalaw yung company sick leave nia. Ma-aavail lang daw po yung sickness benefit ng SSS pag wala ng company sick leave. Tama po ba yung HR ng company nia??

Atty. James S. Biron
2nd August 2013, 03:30 PM
Ma-aavail lang daw po yung sickness benefit ng SSS pag wala ng company sick leave. Tama po ba yung HR ng company nia??

- Yes. That is right.

khunkim
3rd August 2013, 08:34 AM
So di na talaga siya pwedeng mag avail ng sickness benefit sa SSS. Bale po kasi fit to work na siya nung na-file nia yung sa magna carta. Sick leave po ang file nia tapos parang pinasok ng company nia into special leave. 2 months po kasi yung length ng leave nia. Ibig pong sabihin, ma-aavail lang nia yung sickness benefit pag sumobra siya sa 2 months?

Atty. James S. Biron
14th August 2013, 08:56 AM
Khunkim, a person can only avail of the SSS sickness benefit one he/she has consumed all available company provided sick leaves.

Nel_q
23rd August 2013, 11:29 AM
Hi Atty.
We just know of this RA 9710 just this month.
My staff had an operation this july which falls under this law.
She was hospitalized for 7 days and availed of another 30 days leave before reporting back to work.
My questions are;
1. Shall we pay her the whole 2 months still even if she already reports to work in less than 2mos?
2. Does 2 months compensation means her salary (plus allow) per month?
Or we should compute for her daily wage and multiply it by 60 days? (which will make it much higher)

Thanks in advance.

Atty. James S. Biron
28th August 2013, 10:14 AM
Nel,

1. You pay her only for the days she was out.
2. Gross monthly compensation means the monthly basic pay plus mandatory allowances fixed by the regional wage boards.

Nel_q
28th August 2013, 01:28 PM
Nel,

1. You pay her only for the days she was out.
2. Gross monthly compensation means the monthly basic pay plus mandatory allowances fixed by the regional wage boards.


One more Atty.
- Does the 2 months leave have effect in the computation of her 13th month pay?


TIA

Atty. James S. Biron
3rd September 2013, 01:35 PM
None. You should include it in the computation.

Nel_q
9th September 2013, 01:06 PM
Many thanks Atty.