Law Summary
Conditions for Entitlement to the Special Leave Benefits
- Any female employee, regardless of age or civil status, may be entitled if she:
- Has rendered at least six months continuous aggregate employment within the last twelve months before surgery;
- Has filed a leave application following the procedure prescribed;
- Has undergone surgery for gynecological disorders certified by a competent physician.
Application Procedures for Special Leave
- Employees must file their leave applications within a reasonable time before the expected date of surgery.
- Company rules, regulations, or collective bargaining agreements may specify the filing period.
- Prior application is waived in emergencies; however, the employer must be notified verbally or in writing within a reasonable period.
- After surgery and recuperation, the employee must immediately submit the formal application using the prescribed form.
Availment and Timing of the Special Leave
- Leave benefits are granted after the qualified employee has undergone surgery.
- Employers may allow payment before or during the surgery without prejudice.
Benefits and Computation
- The leave benefits consist of full pay for two months based on gross monthly compensation.
- Gross monthly compensation includes the monthly basic pay plus mandatory allowances determined by regional wage boards.
Restriction on Benefits Conversion
- The special leave benefit is non-cumulative and cannot be converted to cash.
- Exceptions apply only if provided under a collective bargaining agreement.
Enforcement and Monitoring
- The Department of Labor and Employment’s (DOLE) Regional Offices’ labor inspectorate is tasked with enforcing and monitoring compliance with these guidelines.
Transitory Provision for Prior Leave Taken
- Female employees who took leave after gynecological surgery on or after 15 September 2009 are entitled to special leave benefits, subject to eligibility conditions.
Effectivity of These Guidelines
- These guidelines became effective fifteen days after publication in a newspaper of general circulation.
- Issued pursuant to Section 21 (B) of Republic Act 9710's Implementing Rules and Regulations, these guidelines ensure the provision of special leave benefits for women employees in the private sector following gynecological surgery.