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What is Magna Carta of Women (RA 9710)
Magna Carta of Women provides equal opportunity for women to eliminate gender-based discrimination, as well as providing 2 months of full pay for gynecological surgery providing an employee has served 6 months in the last 12 months.
For this article, I’ll focus mainly on Magna Carta for Women Leave.
Magna Carta for Women Leave rules are based on:
Let’s first start with Eligibility, and start off with the law – after all, we are Labor Lawyers.
Magna Carta Eligibility
Magna Carta coverage is for the following:
- Female employees regardless of age and civil status
- Employee must have served at least 6 months in the last 12 months
- Employee must have undergone gynecological surgery as certified by a competent physician
She has notified the employer within sufficient time
List of Gynecological Disorders under Magna Carta
Gynecological disorders under Magna Carta can be one of the following:
- Dilatation and curettage and those involving those involving female reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor
This is not a full list of gynecological disorders under Magna Carta but is a good place to start.
If you find yourself facing a procedure that is not itemized above, have your doctor describe it and write up your medical history so that you can present this to your HR.
While you can always consult with one of our Philippine Labor Lawyers (link to contact us page), it is always best to first clarify with your HR.
What are the requirements to avail of Magna Carta for Women?
Magna Carta for Women Requirements vary per company since it is a company administered benefit.
It is likely to be one of the following:
- Medical record from a competent physician
- Magna Carta of Women or Special Leave Form
- Notification in sufficient time – Company policies may dictate what they consider sufficient time, so be sure to clarify what this would be.
Can you claim both Magna Carta Leave and SSS Sickness Benefit?
Yes, you can claim them for the same incident but they must be taken in order.
First, you may apply for Magna Carta Leave.
Then, you may use any of your unused leave benefits.
Then, you may decide to claim SSS Sickness benefits.
Can you claim Magna Carta Leave and also your pay, if you resume work before the end of leave?
Yes, you can claim both Magna Carta Leave and also your regular pay, if you decide to return to work.
In GR 228236, Atty Daisy took Magna Carta Leave but returned to work a month before the end of the leave.
The court ruled that she could receive both the paid leave and her salary:
“..the commuted money value of the unexpired portion of the special leave need not be refunded, and that when the employee returns to work before the expiration of her special leave, she may receive both the benefits granted under the maternity leave law and the salary for actual services rendered effective the day she reports for work.
…The Court finds it just and more in accord with the spirit and intent of RA No. 9710 to suppletorily apply the rule on maternity leave to the special leave benefit.”
So yes, you can get both benefits.