[ OCA CIRCULAR NO. 83-2011, June 28, 2011 ]

[ OCA CIRCULAR NO. 83-2011, June 28, 2011 ]

[ OCA CIRCULAR NO. 83-2011, June 28, 2011 ]

TO :

ALL JUDGES AND PERSONNEL OF THE LOWER COURTS

SUBJECT :

GUIDELINES ON THE AVAILMENT OF THE SPECIAL LEAVE BENEFITS FOR WOMEN UNDER R.A. 9710 (AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN)

For the information and guidance of all concerned, quoted hereunder is the pertinent portion ot CSC MC No. 25, s. 2010, to wit:

Pursuant to CSC Resolution No. 1000432 dated November 22, 2010, the following Guidelines for the Avaiiment of the Special Leave Benefits for Women under R.A. 9710 (An Act Providing for the Magna Carta of Women) are hereby prescribed for the guidance of all concerned:

1.0 Purpose

1.1 To provide further guidelines on the availment of special leave benefits for qualified female public sector employees who have undergone surgery caused by gynecological disorders''pursuant to the provisions and implementing rules and regulations of the Magna Carta of Women.

1.2 To ensure the uniform interpretation and implementation of the grant of the special leave benefits for women and ensure that the availment of the same ultimately upholds the objectives of the Law.

2.0 Guidelines on Entitlement to the Special Leave Benefits for Women

2.1 Any female public sector employee regardless of age and civil status, shall be entitled to a special leave of a maximum of two (2) months with full pay based on her gross monthly compensation," provided she has rendered at least six (6) months aggregate service in any or various government agencies for the last twelve (12),months prior to undergoing surgery for gynecological disorders.

2.1.1 The special leave privilege may be availed for every instance of gynecological disorder requiring surgery for a maximum period of two (2) months per year.

2.2 Generally, availment of the said special leave benefits shall be in accordance with the attached List of Surgical Operations for Gynecological Disorders" (Annex A), which reflects, among others, the estimated periods of recuperation from surgery due to the specific gynecological disorder.

2.2.1 The said List of Surgical Operations for Gynecological Disorders reflects, among others a classification of the Procedure based on the patient's estimated period of recuperation, defined as follows:

Classification of the Procedure based on the Patient's Estimated Period of Recuperation if without concomitant medical problems

Description

Minor

Surgical Procedures requiring a maximum period of recuperation of two (2) weeks

Major

Surgical ' Procedures requiring a minimum period of recuperation of three (3) weeks to a maximum period of two (2) months

3.0

2.2.2 Other Surgical Operations for Gynecological Disorders which are not found in Annex A of this Guidelines may be allowed subject to certification of a competent medical authority and submission of other requirements provided under item 3.1 hereof.

2.3 The earned leave credits may be used for preparatory procedures and/or confinement prior to the surgery.

Moreover, should the period of recuperation after the surgery exceed two (2) months, the female official/employee may use her earned sick leave credits for the same. If the sick leave credits have been exhausted, the vacation leave credits may be used pursuant to

Section 56 of the Omnibus Rules on Leave.

2.4 This special leave benefit is non-cumulative and not convertible to cash.

Procedure for Availment of the Special Leave Benefits for Women

3.1 The application for the special leave benefit shall be made through the Civil Service Form No. 6 (CS Form 6) signed by the employee and approved by the proper signing authorities.

3.2 The CS Form 6 shall be accompanied by a medical certificate filled out by the proper medical authorities, e.g. the attending surgeon accompanied by a clinical summary reflecting the gynecological disorder''which shall be addressed or was addressed by the said surgery; the histopathological report; the operative technique used for the surgery; the duration of the surgery including the peri-operative period (period of confinement around surgery); as well as the employee's estimated period of recuperation for the same.

3.3 The application for the special leave benefits may be applied for in advance, that is, at least five (5) days prior to the scheduled date of the gynecological surgery that will be undergone by the employee. The rest of the requirements specified in item 3.2 shall be attached to the medical certificate upon the employee's return to work under Item 3.5 of this Guidelines,

The advance notice for taking such leave would give the proper authorities ample time and means to prevent the disruption of the operations of the work unit during the absence of the employee and to address the exigency of services of the office.

3.4 In instances when a qualified female employee undergoes an emergency surgical procedure, the said leave application shall be filed immediately upon the employee's return from such leave also following the procedure set forth in Item 3.1 and 3.2 of this Guidelines.

3.5 Upon the employee's return to work, she shall also present a medical certificate signed by her attending surgeon that she is physically fit to assume the duties of her position.

4.0 Responsibilities of the Agency Head

4.1 The agency head shall ensure that the aforecited guidelines are enforced in one's agency as a mechanism in order that female employee's right to proper reproductive health care is ensured.

4.2 The agency head shall promote reproductive health care awareness and wellness program for its employees through proactive measure/s such as conduct of annual physical/medical check-up, information campaign on maintaining proper reproductive health care; issuance of 1 health advisories; distribution of educational reading materials and conduct of fora relative to the same.

5.0 Effectivity

These Guidelines shall take effect retroactively starting September 15, 2009 or fifteen (15) days after the publication of the Magna Carta of Women.

Government officials and employees covered in these Guidelines whose periods of surgery and recuperation due to gynecological disorders after the effectivity of the Magna Carta of Women and before the promulgation of these Guidelines were deducted against their sick or vacation leave credits can have the said leave credits restored and/or appropriate gross compensation paid, as the case may be."

Please be guided accordingly.

28 June 2011.

(SGD.)RENATO C. CORONA Chief Justice

See Table of OCA CIRCULAR NO.83-2011 Annex A