Question & AnswerQ&A (DOLE DEPARTMENT ORDER NO. 112-11)
It is a female employee'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 she has rendered at least six (6) months continuous aggregate employment service in the last 12 months.
Gynecological disorders are disorders requiring surgical procedures involving female reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa, and pelvic floor. This includes surgeries like dilatation and curettage, hysterectomy, ovariectomy, and mastectomy, as certified by a competent physician.
Any female employee, regardless of age and civil status, who has undergone surgery due to gynecological disorders, has rendered at least six (6) months continuous aggregate employment during the last 12 months, and has filed an application for special leave.
The conditions include (a) continuous aggregate employment service of at least six (6) months for the last 12 months prior to surgery, (b) filing an application for special leave, and (c) the surgery must be due to gynecological disorders certified by a competent physician.
The female employee must file her application for leave within a reasonable period from the expected date of surgery or within the period provided by company rules or collective bargaining agreements. In emergency surgeries, prior application is not necessary but the employer must be notified within a reasonable period, and the application filed immediately after surgery or recuperation.
Yes, the special leave of two months is in addition to other leave privileges under existing laws.
No, the special leave benefit is non-cumulative and non-convertible to cash unless otherwise provided by a collective bargaining agreement.
The pay is based on the employee's gross monthly compensation, which includes the monthly basic pay plus mandatory allowances fixed by the regional wage boards.
The labor inspectorate of the DOLE Regional Offices is responsible for enforcement and monitoring.
Yes, female employees who have taken leave after surgery for gynecological disorders on or after 15 September 2009 are entitled to the special leave benefits, subject to the qualification criteria stated in Section 2.