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Thread: Magna Carta for Women - Special Leave Benefit

  1. #1
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    Question Magna Carta for Women - Special Leave Benefit

    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.

  2. #2
    Administrator Atty. James S. Biron's Avatar
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    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.

  3. #3
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    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.

  4. #4
    Administrator Atty. James S. Biron's Avatar
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    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.

  5. #5
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    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

  6. #6
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    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

  7. #7
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    Hi Atty.,

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

    Thank you.

  8. #8
    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

  9. #9
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    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

  10. #10
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    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.

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