SPECIAL LEAVE BENEFITS FOR WOMEN
Under DO No.112-11, series of 2011, Department of Labor issued its guidelines on the Implementation of RA 9710 or the "Magna Carta of Women."
What is the Special Leave Benefits for Women?
This refers to entitlement of a female employee to TWO (2) MONTHS leave WITH PAY following surgery caused by gynecological disorders.
What is a Gynecological disorder?
This refers 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, cevix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor. It also include hysterectomy, ovariectomy, and mastectomy.
Is cesarian birth delivery entitled to the Special Leave?
Although cesarian delivery is a surgery, it is not considered as a disorder to be entitled to the benefits.
Who are entitled to special leave benefits?
Any female employee, regardless of age and civil status, provided that (a) she has rendered at least six (6) months continuous aggregate employment service for the last twelve (12) months prior to surgery. (b) the surgery due to gynecological disorders is certified by a competent physician.
Where and when to file special leave?
There is no specific period given by the guidelines but it must be within a reasonable period of time from the expected date of surgery, or when there is a Collective Bargaining Agreement (CBA) the period provided by CBA, or the company may provide it in its rules and regulations.
What is the two months benefits pay?
Two months benefits pay will be based on her gross monthly compensation, i.e. monthly basic pay plus mandatory allowances.
Is the benefit convertible to cash?
NO (except when provided for in CBA).
APPLICATION OF ADDITIONAL 22 PESOS COLA ON HOLIDAYS
The P22 Cost of Living Allowance (COLA) under Wage order No. NCR-16 shall be INCLUDED in the payment for regular holidays, WHETHER WORKED OT UNWORKED. It is, however, NOT INCLUDED in the computation for overtime pay, premium pay, nightshift differential pay, 13th month pay and retirement pay.
On regular Holiday
Every employee covered by the Holiday Pay Rule is entitled to the minimum wage (daily basic wage and COLA). This means that the employee is entitled to at least 100% of the minimum wage even if he did not report for work provided he is present or is on leave of absence with pay on the workday immediately preceding the holiday.
Work performed on that day merits at least twice (200%) of the minimum wage.
On other wage-related benefits
The COLA shall not be included in the computation of overtime pay, premium pay, night shift differential, 13th month pay and retirement pay.
Campos Rueda Building, Unit 408
101 Export Drive, Makati City
Tel. No. 290 5898 Fax. No 889 5210
Mobile: +63 918 948 6092
email:atty.claudio.g.requino@live.com.ph
claude.requino@cgrlaw.tk
website: http://www.cgrlaw.tk
This email and its attachments are intended solely for the use of the addressee. This message and any attachment are confidential and may be privileged attorney-client communication or otherwise protected from disclosure. If you are not the intended recipient, you are hereby notified that you have received this message in error; any review, dissemination, distribution or copying of this message and/or attachment is strictly prohibited. If you are not the addressee or the person responsible for delivering this email and any attachments included to the addressee, you may not copy, deliver, or otherwise distribute this email and any attachments included to anyone else. If you have received this message in error, please notify us by reply and immediately delete this message and all its attachments from your system.
No comments:
Post a Comment