STATUTORY LEAVES

Paternity Leave

Paternity Leave refers to the benefits granted to a married male (regular or on probation) allowing him not to report for work but continues to earn the compensation on the condition that his spouse has delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child.

Eligibility: The qualified employee may be eligible to seven days of paternity leave if they are cohabiting with their legal spouse, employed at the time of childbirth, has a spouse who’s pregnant, has given birth or has had a miscarriage.

Paternity leave may be taken before, during or after the delivery in staggered basis but not more than sixty (60) calendar days after the date of the birth of the child depending on the circumstances.

The Leave credits may only be granted and credited to employees for the first four deliveries of the legitimate spouse with whom he is cohabiting​.

Requirements:

● Marriage Contract

● Birth certificate of child

OR

● Medical Certificate (indicating the expected date of delivery)

How to File:

The employee must provide the required documents to their manager and Ring HR MNL and wait for further instruction from the Total Rewards team.

Magna Carta Leave

The Magna Carta Leave or MCW special leave benefit refers to a female employee's leave entitlement of up to two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorder.

Gynecological disorders are disorders that would require surgical procedures such as, but not limited to, dilation and curettage and those involving female reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor. Gynecological surgeries shall also include myomectomy, hysterectomy, ovariectomy and mastectomy.

Gross monthly compensation is defined as monthly basic pay plus mandatory allowances fixed by the law/regional wage board.

Eligibility: A female employee, regardless of age and civil status should have rendered continuous aggregate Employment Service of at least six (6) months for the last twelve (12) months (RA 9710 Sec. 18)​ is entitled to sixty (60) days of full pay based on gross monthly compensation following a gynecological surgery.

This leave benefit is non-cumulative and not convertible to cash​

Requirements:

● Medical Certificate

● Medical Records

● Operative Records

● Other pertinent documents as may be deemed necessary

How to File:

The employee must present all the required documents to their manager for checking and approval and then forwarded to Ring HR MNL at least five working days prior to actual leave date and wait for further instruction from the Total Rewards team.

For emergency gynecological surgical procedures, prior application is not necessary but manager and Ring HR MNL should be notified as soon as possible.

FAQs

● What are gynecological disorders and what surgeries fall under this category?

Gynecological disorders are disorders that would require surgical procedures such as, but

not limited to, dilation and curettage and those involving female reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor. Gynecological surgeries shall also include myomectomy, hysterectomy, ovariectomy and mastectomy.

● When should the application for the special leave benefit be filed?

The special leave benefit may be filed in advance, at least five (5) days for the government

sector, or within a reasonable period of time prior to the scheduled date of gynecological

surgery for the private sector. In case of emergency surgical procedure, the said leave shall

be filed immediately upon the employee’s return from such leave.

● What if the employee incurred leave of absence prior to the surgery?

Female employees in the private sector may charge their leave of absence to the company leave and other mandated leave benefits. On the other hand, female employees in the government sector may use their earned sick leave credits or their vacation leave credits, after their sick leave credits have been exhausted.

● Can it be availed more than once?

Yes. The special leave benefit may be availed for every instance of surgery due to gynecological disorder for a maximum total period of two (2) months or sixty (60) calendar days per year.

● What if the doctor prescribed more than 60 days of recuperation period?

In case the recuperation period will exceed 60 days, female employees in the private sector may charge their leave of absence to the company leave and other mandated leave benefits. On the other hand, female employees in the government sector may use their earned sick leave credits or their vacation leave credits, after their sick leave credits have been exhausted.

● Can a female employee who has undergone a surgery due to gynecological disorder during maternity leave avail the special leave benefit?

The woman employee who has undergone surgery due to gynecological disorder during her maternity leave is entitled only to the difference between the maternity leave benefits and the special leave benefit under Republic Act No. 9710.

● How should the employee’s salary be computed for the period covered by her approved special leave?

Section 18 of RA 9710 provides for the entitlement to Special Leave Benefits of women employees who have rendered continuous aggregate employment of at least six (6) months for the last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders;

● Is Special leave benefit the same as SSS sickness benefit?

No. The MCW Special Leave benefit is different from SSS sickness benefit. The MCW Special Leave benefit is granted by the employer to a woman employee who has undergone surgery due to gynecological disorder while the SSS sickness benefit is administered and given by SSS in accordance with SSS Law or RA 1161 as amended by RA 8282.

● Can the MCW Special Leave benefit be earned and/or converted to cash?

No. MCW Special Leave benefit is non-cumulative and non-convertible to cash unless otherwise provided by a collective bargaining agreement (CBA) in the private sector.

● What are the documents needed in filing for the special leave benefit?

● Accomplished and approved leave form being used in the agency/company

● Medical Certificate certified by a competent medical authority preferably specializing in gynecological disorders who is in the position to determine the recuperation period of the woman employee.

The Medical Certificate shall be accompanied by a clinical summary reflecting the gynecological disorder, histopathological report, operative technique used, duration of surgery, period of confinement, as well as period of recuperation.

VAWC-RA9262

This Act shall be known as the “Anti-Violence Against Women and Their Children Act .”

Violence against women and their children” refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

VAW includes, but not limited to, the following acts:

• Physical violence or the act that includes bodily or physical harm

• Sexual violence or the act that is sexual in nature, committed against a woman or her child

• Psychological violence or the act or omission that causes or likely to cause mental or emotional suffering of the victim

• Economic abuse or the act that makes or attempts to make a woman financially dependent

Eligibility: The employee is entitled to ten days paid leave and may be extended when circumstances warrant such an extension.​ Leave may be used at the discretion of the employee, provided proper notification is given to their supervisor or manager and is not convertible to cash and non-cumulative

Requirements: Any of the following Legal Documents:​

▪ Certification from Barangay Captain or his designated representative attesting to the case of the employee​

▪ Certification from Women & Children’s desk of a Police Precinct or Station

▪ Certification from a Prosecutor handling the case of the employee​

▪ Certification from Clerk of Court attesting to the ongoing court litigation of employee’s case

How to File:

The employee must present all the required legal documents to their manager for checking and approval and then forwarded to Ring HR MNL and wait for further instruction from the team.

SSS PASA Leave

For more information on the SSS PASA Leave, you may refer to our section on Statutory Benefits here.

Solo Parent Leave

Solo parents are defined as individuals that bear the sole responsibility of raising a child.

Also known as the Solo Parents’ Welfare Act of 2000 - R.A. 8972

RA 8972 or the Solo Parent’s Welfare Act provides for benefits and privileges to solo parents and their children. It aims to develop a comprehensive package of social development and welfare services for solo parents and their children to be carried out by the Department of Social Welfare and Development (DSWD), as the lead agency, various government agencies including NSO and other related NGOs

An employee may be granted up to seven (7) days leave per year

Solo Parent is any individual who falls under any of the following categories listed in the Republic Act 8972.

Eligibility: An employee may be granted up to seven days of Solo Parent leave per year given they have rendered one year of continuous service to the Company. Eligibility to this leave should be renewed every 12 months and may commence from the date that the leave credits were granted.

Solo Parent leave may be availed provided the employee give an advanced notice to their manager for non-emergency cases

Requirements:

● Solo Parent ID issued by the Department of Social Welfare & Development (DSWD)

How to File:

The employee must present all the required documents to their manager for checking and approval and then forwarded to Ring HR MNL and wait for further instruction from the team.