Policy and purpose
- The guidelines establish conditions, application requirements, benefit computation, and enforcement rules to implement women’s special leave benefits for private sector female employees under Section 1 through Section 7.
Core definitions and meaning
- “Special leave benefits for women” means 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, if she has rendered continuous aggregate employment service of at least six (6) months for the last 12 months.
- “Special leave benefits for women” is in addition to leave privileges under existing laws under Section 1.
- “Gynecological disorders” refers to disorders requiring surgical procedures such as dilatation and curettage and those involving female reproductive organs including the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor, as certified by a competent physician under Section 1.
- Gynecological surgeries include hysterectomy, ovariectomy, and mastectomy for purposes of the act and the rules under Section 1.
Entitlement requirements and who qualifies
- Any female employee, regardless of age and civil status, is entitled to the special leave if she complies with the conditions in Section 2.
- Entitlement requires that the employee has rendered at least six (6) months continuous aggregate employment service for the last twelve (12) months prior to surgery under Section 2 (a).
- Entitlement requires that the employee has filed an application for special leave in accordance with Section 3 under Section 2 (b).
- Entitlement requires that the employee has undergone surgery due to gynecological disorders as certified by a competent physician under Section 2 (c).
Application rules and timing
- The employee must file her application with her employer within a reasonable period of time from the expected date of surgery under Section 3.
- The filing period may be adjusted by company rules and regulations or by a collective bargaining agreement (CBA) under Section 3.
- Prior application for leave is not necessary in cases requiring an emergency surgical procedure under Section 3.
- In emergency surgery cases, the employer must be notified verbally or in written form within a reasonable period of time and the employee must immediately file her application using the prescribed form after the surgery or appropriate recuperating period under Section 3.
When leave is granted and benefit scope
- Special leave benefits are granted after the qualified employee has undergone surgery under Section 4.
- The grant of special leave benefits is without prejudice to an employer allowing the employee to receive her pay before or during the surgery under Section 4.
Benefit computation and pay terms
- The employee is entitled to full pay for two months under Section 5.
- The benefit is computed based on the employee’s gross monthly compensation under Section 5.
- Gross monthly compensation means monthly basic pay plus mandatory allowances fixed by the regional wage boards under Section 5.
Non-commutation and conversion limits
- The special leave is non-cumulative and non-convertible to cash under Section 6.
- Conversion to cash is allowed only if otherwise provided by a collective bargaining agreement (CBA) under Section 6.
Enforcement and monitoring
- The labor inspectorate of the DOLE Regional Offices is responsible for enforcement and monitoring of the guidelines under Section 7.
Transitory coverage for prior surgery
- Subject to the conditions in Section 2, female employees who have taken a leave of absence following surgery for gynecological disorder on or after 15 September 2009 are entitled to the special leave benefits for women under Section 8.