Ako po ay isang nurse sa government hospital naoperahan po ako noong March 1, 2019 (Total Abdominal Hysterectomy and Bilateral Salpingo-Oophorectomy) during my recuperation period nagmessage po sa akin ang supervisor ko (April 11, 2019) na dapat daw pong ummattend ng orientation seminar kahit naka leave para sa prime HR pero bilang supervisor ko aware siyang on (special leave ako via magna carta for women sec. 18) may orientation seminar dahil daw po may accreditation starting this April til August, kaya lahat daw po ng empleyado dapat daw ma orient para kung matanong at least may alam daw po.
Tapos nag message nanaman siya ng April 15, 2019 Tinatanong niya po ako kung na inform niya ako about sa prime HR, napili daw po kasi name ko sa civil service para ma interview about prime HR, may orientation daw po mamaya (April 15, 2019 1-5 pm) tapos final coaching nanaman daw ng April 15-16, 2019 1-2 pm.
May nabasa po akong article na ganito"Under the Republic Act 9710, also known as The Magna Carta of Women, a female employee shall be entitled to up to two months of special leave with full pay following surgery caused by gynecological disorders. This benefit is in addition to leave privileges (sick leaves, vacation leaves, and parental leaves for solo parents) given to employees under existing law.
Women who are advised to undergo ovarian cyst aspiration, breast biopsy and other gynecological procedures that require two weeks or less of recuperation period may be entitled to up to two weeks of special leave benefits. By contrast, those who have to undergo total abdominal hysterectomy, total mastectomy, and other major procedures may receive two months of special leave benefits.
After all, these surgeries are no small thing. They can take a toll on a woman’s body. In fact, the average recovery period for these procedures is between three weeks to two months. So, if you had to endure a major gynecological surgery, it is only fitting that your employer gives you the adequate rest you deserve."
May mga symptoms po akong nararamdaman na pabalik-balik kaya siguro ganon ang recovery duration niya at sabi ng doktor iwasan ang stress, pero paano kung ganitong on recuperation period nga ako pero message ng message ang trabaho? Ano po bang legal na karapatan ko batay sa aspetong ito?
Magna Carta for Women (MCW) Republic Act 9710 (Section 18) Special Leave Benefit?
Jescelyn Del Rosario
is a Legal expert
in the Philippines
Well in your case sinabi mo na you were just recuperating pa lang sa operation mo hindi ka talaga nila mapipilit na sumali sa ano-ano pang seminar kahit na requirements pa ito dahil legally entitled ka naman na magpahinga. So baka pwede mong kausapin ang HR ninyo na you will attend nalang after your leave para naman you will be totally well to work again. In case, hindi sila pumayag at they will take action against you your condition will be your defense against them. So its better you will keep all your evidence na naoperahan ka talaga at certification from your surgeon na advising you to rest for how many months plus post check up appointments just in case kailangan mo ito to dispute their action against you po.
Thank you very much po. God Bless you po.
The medical information contained in this section is not intended for treatment or prescription. It is used to complement, not replace, the communication between a patient and their physician. Reliance on any information provided by BuhayOFW or any medical experts is solely at your own risk. If you have a medical emergency, call your doctor or go to the hospital immediately. BuhayOFW's Medical Review Board is a team of board-certified doctors who ensure our content is medically accurate and reflects the latest in health information. Our experienced board of medical professionals verify that our content is thorough and all-inclusive, in order that you can trust the information you read here will help you through improvements in your health journey—whether that’s for yourself or for a loved one.
Disclaimer: The materials available in the Buhay OFW web site are for informational purposes and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Buhay OFW and the user or browser.
If you are a legal expert who would like to help answer questions, please register here.
