QuestionsQuestions (DOLE DEPARTMENT ORDER NO. 112-11)
It is issued pursuant to Section 21(B) of the Implementing Rules and Regulations of Republic Act No. 9710, otherwise known as the “Magna Carta of Women.”
It is a female employee’s leave entitlement of two (2) months with full pay from her employer based on her gross monthly compensation, granted for surgery caused by gynecological disorders, provided she has at least six (6) months continuous aggregate employment service in the last 12 months; and it is in addition to leave privileges under existing laws.
It refers to disorders requiring surgical procedures (e.g., dilatation and curettage) and disorders involving female reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa, and pelvic floor, as certified by a competent physician. Gynecological surgeries for purposes include hysterectomy, ovariectomy, and mastectomy.
(1) At least six (6) months continuous aggregate employment service for the last twelve (12) months prior to surgery; (2) filing an application for special leave in accordance with Section 3; and (3) undergoing surgery due to gynecological disorders certified by a competent physician.
No. The guidelines state that any female employee, regardless of age and civil status, shall be entitled provided she meets the required conditions.
The employee must have rendered at least six (6) months of continuous aggregate employment service during the last twelve (12) months prior to the surgery.
She must file her application with her employer within a reasonable period of time from the expected date of surgery, or within any period provided by company rules and regulations or by a collective bargaining agreement.
No. Prior application is not necessary in cases requiring emergency surgery, as long as the employer is notified verbally or in writing within a reasonable period, and after surgery or recuperation the employee immediately files her application using the prescribed form.
They are granted after the employee has undergone surgery, without prejudice to an employer allowing an employee to receive her pay before or during the surgery.
It is a two (2) months leave with full pay.
Gross monthly compensation refers to the monthly basic pay plus mandatory allowances fixed by the regional wage boards.
No. It is non-cumulative and non-convertible to cash unless otherwise provided by a collective bargaining agreement (CBA).
It prevents employees from accumulating the leave across periods or converting it to cash pay-off, except if a CBA provides otherwise.
The labor inspectorate of the DOLE Regional Offices.
It covers female employees who took a leave of absence following surgery for gynecological disorder on or after 15 September 2009, and provides that they are entitled to the special leave benefits for women subject to the provisions of Section 2.
They take effect fifteen (15) days after publication in a newspaper of general circulation.
While the default rule is non-convertible to cash, a CBA may allow commutation/convertibility to cash if it expressly provides for it.
The surgery must be for gynecological disorders certified by a competent physician, and the employee must submit a properly filed application using the prescribed form (especially after emergency surgery).