“Can a female employee who undergone gynecological surgery claim both sss sickness benefit and magna carta of women special leave?”
READ: Can I Claim SSS Sickness Benefit for Threatened Abortion?
Since this is not my forte, I also sought answers from experts on magna carta of women related benefits and compenben gurus. Below is the summary of their collective answers:
Assuming female employee met the minimum requirements, YES, she can claim both SSS Sickness Benefit and Magna Carta of Women Special Leaves, PROVIDED, the benefit will be claimed in the following order:
- (1st) Magna Carta of Women Special Leaves (if the mandated special leaves has been exhausted but female employee still needs time to recuperate, then, employee must use her SL/VL or SIL)
- (2nd) Sick Leave, Vacation Leave or Service Incentive Leave (if SL/VL or SIL has been exhausted or female employee is not yet entitled to these benefits, then employee can file for SSS Sickness Benefit)
- (3rd) SSS Sickness benefit
Added 11/20/15: DOLEs Department Order 112-A Series of 2012 was issued providing guidelines for availment of multiple instances, and/or in combo of the SSS Sickness Benefit. You can view and download a copy of the said DO at the Philippine Commission on Women website.
Have you been in this situation, or has processed a claim for Magna Carta of Women Special Leaves? Care to share your experience?
Hi Sir,
If advised by doctor to take sick leave for 60 days after surgery. Under magna carta, calendar days po ba yun or additional pa po yung scheduled restdays?
Thank you.
calendar
Hi Sonnie..i had a D&C 2015 so i took advantage of the magna carta law. My OB gave me a 30day leave but our company doctor unfortunately approved me for 8days only. So for my other 22 days to be paid I have to use my sick leaves. I did not file for sss sickness because I am aware of the rule that all company given leaves should be exhausted and I still have those.
But my question is, is it the company whose setting the rules if it is mandated by law? Is it legal that it will be the company to decide the number of days if it is clearly stated 60days regardless of available leaves?
Please enlighten me on this one. Thanks!
Hi,
Since I am not adept to your Q, I posted the same in the HR Mentoring Network. One professional answered your you, as quoted below
“D&C is usually 21 days if filed through SSS. I had one in 2017. And was granted 21 days. And SSS had a schedule of # days granted. I’m just concerned about how your company doctor justified that you are allowed only 8 days?”
You can join the group and seek further clarification. Here’s the link
https://www.facebook.com/groups/hrmentoringnetwork/permalink/2415195351872090/
Good afternoon sir! Paano po kung major operation not related to gynecological, specifically major operation sa spine estimated 1 month including recovery, pwede po ba ang magna carta or anong leave po ang applicable?
If SL has been exhausted, SSS Sickness Benefit
Hi Sir,
May tanong po sana ako regarding magna carta leave,
last Feb 2018 po kasi na undergo po ako ng breast surgery pero minor lang po at benign naman po. na-file ko po siya sa SSS at approved for 15 days po pero ang nabayaran lng po sakin ay 7 days dahil kelangan muna ubusi yung Sick leave ko sa company. May habol pa po ba ako para i file ito sa Magna carta kahit 2018 pa ito nangyari? Nasa HR dept ako pero wala po kami dito alam sa ganitong case. Ano po ba ang dapat gawin?
Yes sir, under sickness benefit
Thank you
Hi! I’m undergone oophorectomy surgery and on 2 months leave. Ang na approved lang daw ng SSS as per my employer 15 days leave..possible po ba un considering na major surgery ginawa sakin? Hoping for you positive response..thank you
Is that for the sickness benefit?
Hi. I’m an employee of a private company. I just had my d&c procedure on March 8, 2019 due to miscarriage. I took my 60 days maternity leave however, I will only receive my SSS maternity benefit but will not be paid by the company since they said that it’s not part of their benefit. Will I be qualified for the Magna Carta law?
yes, maternity leave is an SSS benefit
.good aftie po..pde pa po b mag file ng magna carta kht na 2 months ng na operahan??
why not?
Hi, what if ruptured fallopian tube due to ectopic pregnancy and needed urgent surgery. Can I claim for Magna Carta (2 months paid leaves) and SSS Maternity benefit (78 days)?
possible
Hi sir, kung minor surgery po ang gnwa tpos ngcomplication post op needed more than 14days of recuperation, 14days pdn lang po ang bbyaran nila?
what ever is recommended by the OB
Hi sir,
Ask ko lng po,hindi kasi aware yung employer n may ganitong benefit for women employees. Now,pwede pa ba i grant ito nung employee na ng undergo ng operation 3 years ago. If the employee will not grant this benefit,pwede ba sila ireklamo sa DOLE.
you can try
Hi I would like to ask if what if po my OB wrote only 40 days on my medical certificate but I’m still currently on leave pa din po after 40 days since di pa din po ako makapasok. Macocover pa din po ba sya ng magna carta even though 40 days lang po ang nilagay ng Ob ko?
you will need a new certificate, but it’ll be still subject for approval
Good day, I am a public school teacher and I have been absent for almost three weeks because I am the only one taking care of my husband who has been sick with Community Acquired Pneumonia. Can I file a sick leave and use all my existing service credits for this situation? I informed my principal about it and she insisted that there are limitations in the use of the service credits. Thank you in advance and God bless.
hi, you cannot use your sick leave as vacation leave, if these benefits are defined as such. But if the leave is generic, and usage is not defined, yes you can. Please check your policy on this matter
Hi, I’am Karen,undergone a Laparoscopic Surgery (Salpingectomy) due to ectopic pregnancy at the right fallopian tube last February 17, 2014. May I ask if I’am still qualified for availment of Magna Carta Special Leave, because during that time I was not inform about the Magna Carta Special Leave and if it is applicable to my company?
Since magna carta benefits will be paid by your employer, please refer to your existing policy in availment. There were different treatment each company since said benefits was not availed most of the employee. However, it would be better if you refer to this as your reference.
http://www.ilo.org/dyn/travail/docs/1209/Dept%20Order%20%20No.%20112-11%20-%20Guidelines%20governing%20the%20implementation%20of%20the%20special%20leave%20benefits%20for%20women.pdf?fbclid=IwAR3q8CuALaZOqCqqlpKtiHFyBxB0gW1f7TJ9c7SUCgAQutJCqtj_JCpvjIM
Hi Sonnie,
I had the same inquiry. I was ligated aug 1 2018. Nakuha kong benefit was mat 1 and 2 lng. Since ndi q xa alam during that time. Can i still get this benefit?
have you discussed this with your HR?
is magna carta inclusive week days or working days only?thank you
It’s paid leave for 60 calendar days.
Hi. I would like to clarify kung magkaiba ba ang basic pay at mcw special benefit? I underhone hysterectomy and i had received my basic pay.
Based on the above provision under the MCW, yes, the amount would be equal to your basic pay. How would you know the difference? If it is charged under MCW, then your SL/VL will not be reduced. The MCW would be a different payment altogether. Or if it has been tagged as SL, then it will be returned as is (SL will be reverted). If you have been tagged as absent without pay, then MCW payment will be provided. (from Wowie Roque)
Hi. Naguluhan lng po ako employed ako from private company. Summary of story nlng po what happened to mw. Just want to know panu po b process ng magna carta at sss sickness? Mar 9,2018 naskedule po ako ng DNC but after 18days mar28,2018 n emergency po ako for bleeding and by april 4,2018 nag undergo ako ng Hysteroscopic Transcervical surgery after long observation and laboratories. Nagamit ko n po lahat ng 15days sick leaved ko dahil regular employee po ako. Then after ko masubmit s HR ung mga needed documents. As advised ng HR 14days lng dw po ang na approved ng company dun s DNC ko. But after macertified at masubmit din ni employer ung SSS ko cnabi skin n 21days dw ang inapproved ni SSS pra s DNC. Tinanong ko HR do i need to file additional 7days of MAgna Carta leaved based s approval ni SSS. hindi n dw leaved without pay n dw ang ifile ko. Nag submit nrin po ako s knila ng second hospitalization ko waiting for their approval how many days of magna carta leave could day give me. As doctor advised
60days ang needed para magpahinga. Sumasahod din po ako every payday start nung nagleaved ako ng mar 8 due to 15days sick leaved and 14days magna carta leaved. Panu po ung nafile kong SSS sickness s employer ko may makukuha prin po ba akong pera dun maliban dun s pnapasahod nila sakin as regular employee? Need ko lang po maclarify because until now im on leaved still waiting for my employer’s advised for my second hospitalization for me to file additional magna carta leaved if that would be file. Thank you po
Hi, when is the cut off of this benefit? Is it by calendar year? I had d&c last oct 2017 and need to undergo a hysterectomy this june 2018. Can i avail the sbl again?
Thanks.
It should be the magna carta benefits first before the SSS Sickness Benefit. What was the reason cited by your employer?
Hi. Good afternoon! Gusto ko lang din maclarify etong Magna Carta for Women. Naoperahan kasi sister ko last year 17 December, may tinanggal na bukol sa may ovary nya then nacut na yung right fallopian tube nya para ndi na maulit yung bukol..Her doctor advised her to have a 60-days leave for her to recover (Dec. 18, 2016 to Feb. 16, 2017). Then one of my officemates told that my sister is qualified to avail the special leave so yun yung ifinile naming leave nya then we attached a copy of magna carta. Their HR said that they will charge the absences of my sister to her sick leave. So sabi ko hindi nyo dapat kaltasan sick leave nya kasi qualified xa sa magna carta. Then came their payday, Dec. 30, may complete sahod pa xa kasi charged sa sick leave credits nya, then nung Jan. 15, 2017 kinaltasan na xa ng half of her salary due to absences daw. Then Jan. 30 hindi na xa sumahod. We kept on following the status of her special leave kasi for approval daw ng SSS sabi ng HR, so naconfused kami kasi they keep on insisting that SSS should be responsible for my sister’s special leave. Then nagdecide kapatid ko magresign effective Feb. 10, 2017. May remaining pa xang 6 days sa 60-days leave nya. My question is, is my sister qualify for the Magna Carta?. Tama ba na binawasan xa ng employer nya sa sahod nya nung Jan 15 tapos hindi xa sumahod ng Jan. 30?.and they charged it to her sick leave?
Today (March 7, 2017), my sister had attended the hearing (DOLE) because she had file a conciliation. Ang allegation kasi ng employer nya eh may nakuha na sister ko sa SSS so ndi na dapat xa maghabol sa employer nya..Eh d po ba different ang sickness benefit from SSS sa magna carta? dun kami nakuconfuse. Hope we will be clarified on our concerns. Thank you so much in advance..God bless..
I refer your Q to those who are more knowledgeable on the process. Ito yung sagot nung isa:
“Qualified sya sa magna carta, aside from the monetary benefit, extension ng leave + additional compensation. Computation nito ay: SPL (Basic Salary) x 2 – ML Benefit. Meron kasi akong naging kaso nito; me myoma yung manager nadiscovered during caesarian delivery. For doubts, you can call the DOLE and Bureau of Workers with Special Concerns.”
To view the other answers, please visit this link:
https://www.facebook.com/groups/HRPhilippines/permalink/10154504882153230/
Hi! Saan po makakakuha ng form for the special leave? Sabi po kasi sa hr namin,depende daw po sa SSS kung macover daw po sa Magna Carta,ang kailangan ko lang daw po ifillup is SSS sickness? Since nabasa ko po ito naguluhan po ako.Thanks! 🙂
I believed I replied to your comment via FB
Thank you Sir!
Hi po. I have the same situation. Pano po ba talaga process nito. Thanks po
Hi sir, I have the same situation. employer is insisting na sss magdedecide kung magna carta leave or sss sickness benefit xa macocover. pero sa batas naman nakalagay lang don certification from doctor. so nagguluhan din po ako.
You can claim for both benefits. Special Leave will be paid by your employer, Sickness benefit will be paid by SSS.
http://www.ilo.org/dyn/travail/docs/1209/Dept%20Order%20%20No.%20112-11%20-%20Guidelines%20governing%20the%20implementation%20of%20the%20special%20leave%20benefits%20for%20women.pdf?fbclid=IwAR3q8CuALaZOqCqqlpKtiHFyBxB0gW1f7TJ9c7SUCgAQutJCqtj_JCpvjIM
Hi. Hope you can shed light. What does “female employee” mean here? Are CONTRACTUAL/CONTRACTORS under an agency also covered for this special leave benefit? Been working under an agency (renewed every 6 months) for 3 years now.
If it is continuous employment, pwede. As long as you have rendered 6 months continues aggregate service for the last 12 months before the surgery
Hi Sonnie. It has been a continuous employment since 2013). Once the old contract ends, it has been renewed the next working day. Thank you for your time and advice.
I suppose you can avail of that, speak to your HR on how to go about it