Policy: Special Leave Benefit for Women

Policy: Special Leave Benefit for Women


CPP-HR_0210_V1_Special Leave Benefit for Women
VERSION
APPROVAL DATE
AUTHOR
CHANGES
APPROVED BY
1.0
30 JANUARY 2014
C. MALAY

EXECOM
















 

1.0        Objective

            To provide special leave benefit (SLB) to all female team members as governed by Department of Labor and Employment (DOLE) 

2.0        Scope

This policy shall apply to all female team members who have been employed by the company for at least six (6) months and have undergone a surgery to gynecological disorder.

3.0        Definition of Terms

Special Leave Benefit for Women – means a female leave entitlement of two (2) months with full pay from the employer based on her gross monthly compensation following surgery caused by gynecological disorders, provided that she has rendered at least six (6) months continuous aggregate employment service of at least six (6) months for the last twelve (12) months prior to surgery.

3.1 Gross Monthly Compensation – means the monthly basic pay plus mandatory allowances fixed by the regional wage boards.

3.2 Two (2) months – means sixty (60) calendar days pursuant to Article 13 of the new Civil Code.

3.3 At least six (6) months continuous aggregate employment service of at least six (6) months for the last twelve (12) months prior to surgery – means that the female employee should have been with the company for twelve (12) months, prior to surgery. An aggregate service of at least six (6) months within the said 12-month period is sufficient to entitle her to avail of this SLB.

3.4 Employment Service includes absences with pay such as use of other mandated leaves, company granted leaves and maternity leaves.

3.5 Competent Physician means a medical doctor preferably specializing in gynecological disorders or is in the position to determine the period of recuperation of the female employee.

4.0        Provisions

               4.1        Eligibility

A female team member shall be entitled to Special Leave benefits if:

     4.1.1 She has at least six (6) months continuous aggregate employment service of at least six (6) months for the last twelve (12) months prior to surgery;

                          4.1.2 The surgery is due to a gynecological disorder.

 

              4.2        Entitlement

 

                        4.2.1 The female employee is entitled to a maximum of two (2) months leave with full pay based on her monthly gross compensation.

 

               4.3       Availment

                        4.3.1 This special leave shall be granted to the qualified employee after she has undergone surgery due to gynecological disorder.

                        4.3.2 For the purpose of determining the period of leave with pay that will be given to the female employee, she must submit a certification from a competent physician stating the required period of recuperation.
                              4.3.3 A female employee can avail of the special leave benefit for every instance of surgery due to gynecological disorder for a maximum total period of two (2) months per year.

                        4.3.4 Prior application for SLB is not necessary in emergency cases, provided that employer shall be notified verbally or in writing within a reasonable period and provided further that after the surgery or appropriate recuperating period, the female employee shall immediately file her leave application.

              4.4        Other Guidelines 

                        4.4.1 SLB vis-à-vis SSS Sickness Benefit.  SLB is different from SSS Sickness benefit wherein the former is granted based in accordance with RA9170 whose rules are described in this document while the latter is administered and given by SSS in accordance with SSS Law (or RA1161) and as amended by RA8282. 

                        4.4.2 SLB vis-à-vis existing statutory leaves. SLB cannot be taken from existing statutory leaves (SIL, Leave for Victims of VAWC, and Parental Leave for Solo Parents). The grant of SLB to female employees is in recognition of the fact that patients with gynecological disorder require a longer recovery period. This benefit is considered an addition to the leave benefits granted under existing laws and should be added on top of the existing statutory leave entitlements. If SLB has been exhausted, the company SIL and other mandated leaves may be availed of by the employee.

                        4.4.3 SLB vis-à-vis Maternity Leave. When the employee had undergone surgery due to gynecological disorder during her maternity leave, she is only entitled to the difference between SLB and maternity leave benefit. If the surgery occurs during the maternity leave and the recommended period of recuperation is with the applicable maternity leave, SLB will not be implemented.

                        4.4.4 Payment of compensation. SLB is a leave benefit. The female employee shall not report for work for the duration of her SLB but she will still receive her salary covering the said period. The computation of pay is based on her prevailing salary rate at the time of the surgery.
                        4.4.5 Non-commutation of the benefit. SLB shall be non-cumulative and nonconvertible to cash, unless otherwise provided by a collective bargaining agreement (CBA). 

5.0        Responsibility  

            5.1 Eligible female team member is responsible for submitting the required documentations before availing this special benefit.
            5.2 HR-ER Team is responsible for implementation of this law by ensuring that:
                        5.1.2  All required documentations are complete and accurate.
                        5.1.3 Extra leave allocation (according to the doctor’s recommendation on recuperation period) is provided to eligible female team member.

6.0        Frequency  

            Maximum of two (2) months leave a year after one has undergone a surgery due to gynaecological disorders.

7.0         Distribution

Team Member

Team Member’s Immediate Superior

HR-ER Team

             F&A Team

8.0         Usage   

      8.1 Team member notifies HR-ER Team by presenting a medical certificate from an OB/Gynecologist.
      8.2 HR-ER Team allocates extra leaves based on the OB/Gynecologist’s recommendation on duration of recuperation period not exceeding two (2) months.
      8.3 Team member must submit a fit-to-work medical certificate upon return to work.

9.0         References

Department of Labor and Employment RA9170

SSS Law RA1161

10.0      Records

Medical Certificate from an OB/Gynecologist

Verbal or Written Advisory to Employer during an emergency case

         Leave Filing
       Fit to Work upon return to work 


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