Special Leave Benefit for Women
A special leave benefit for women was granted under RA 9710. Thus, any female employee in the public and private sector regardless of age and civil status shall be entitled to a special leave of two (2) months with full pay based on her gross monthly compensation subject to existing laws, rules and regulations due to surgery caused by gynecological disorders under the following terms and conditions:
[1] She has rendered at least six (6) months continuous aggregate employment service for the last twelve (12) months prior to surgery;
[2] In the event that an extended leave is necessary, the female employee may use her earned leave credits; and
[3] This special leave shall be non-cumulative and non-convertible to cash.
“Gynecological disorders” refer to disorders that would require surgical procedures such as, but not limited to, dilatation and curettage and those 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 shall also include hysterectomy, ovariectomy, and mastectomy. SEPARATE AND DISTINCT FROM MATERNITY LEAVE
This leave should be distinguished from maternity leave benefit, a separate and distinct benefit, which may be availed of in case of childbirth, miscarriage or complete abortion.
A woman, therefore, may avail of this special leave benefit in case she undergoes surgery caused by gynecological disorder and at the same time maternity benefit as these two leaves are not mutually exclusive.
