DOLE OKs special leave for women workers who undergo surgery

Female workers who will undergo surgery for gynecological disorders can now file for a special leave of up to two months, the Department of Labor and Employment said. DOLE Secretary Rosalinda Baldoz said the privilege is contained in Department Order No. 112-11, which lays down the guidelines for availing of the special leave benefit. “The two-month leave is in addition to the leave privileges under existing laws," said Baldoz, citing Section 18 of Republic Act 9710 or the Magna Carta for Women. She said the guidelines ensure compliance on the implementation of the special leave benefits for women employees in the private sector. Eligible for the special leave benefit are women employed in the public sector, regardless of age and civil status, with at least six months' aggregate employment service rendered 12 months prior to the surgery. The leave may be for a maximum period of two months per year with full pay, based on the employee's gross monthly compensation following surgery caused by gynecological disorders. The special leave benefit shall be granted to a qualified female employee after she has undergone surgery, without prejudice to an employer allowing an employee to receive her pay before or during the surgery. "It may be used for the period covering the surgery until recuperation. Absence incurred from the pre-surgery period, as well as those in excess of the two months allowed under the special leave benefit, may be charged against the employee's earned leave credits," said Baldoz. To apply for special leave, a woman employee shall file her application leave within a reasonable time from the expected date of surgery, or as provided by company rules or by a collective bargaining agreement. Gynecological disorders refer to disorders that would require surgical procedures such as, but not limited to dilation and curettage and those involving female reproductive organs such as vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexea, and pelvic floor, as certified by a competent physician. The benefit is non-cumulative and not convertible to cash, unless otherwise provided for in a collective bargaining agreement. Guidelines shall take effect 15 days after its publication in a newspaper of general publication, the DOLE said. — LBG, GMA News