Special Leave for Women ( RA 9710 )

Hi Atty.

We have an employee who are qualified to avail the Special Leave for Women ( RA 9710) based on the conditions of the entitlement of the said law. However, she is insisting to file a SSS Sickness Benefits.

Thus, I would like to know if she also entitled to avail Sickness Benefits since she will be availing the Special Leave for Woman?

In my opinion, just in case, there will a double compensation because the company will pay the leave based on this law so meaning complete yung number of days na pinasok ng employee and still with SSS contribution and other mandatory deduction.

One of the requirement of availing the SSS Sickness Benefits is dapat wala/ubos na ang sick leave.

Please enlighten me on this matter.

Thank you.

Arlene

Hi Atty.

We have an employee who are qualified to avail the Special Leave for Women ( RA 9710) based on the conditions of the entitlement of the said law. However, she is insisting to file a SSS Sickness Benefits.

Thus, I would like to know if she also entitled to avail Sickness Benefits since she will be availing the Special Leave for Woman?

In my opinion, just in case, there will a double compensation because the company will pay the leave based on this law so meaning complete yung number of days na pinasok ng employee and still with SSS contribution and other mandatory deduction.

One of the requirement of availing the SSS Sickness Benefits is dapat wala/ubos na ang sick leave.

Please enlighten me on this matter.

Thank you.

Arlene

parang nanganak yan.. pag nanganak hindi naman nag fi file nang sick leave kasi may 2 months paid leave na nga from SSS.

Yes, she is still entitled to take advantage of the SSS Sickness Benefits on top of the Special Leave for Women. The two are different. Special Leave is provided by the employer under RA 9710, while SSS Sickness Benefit is provided and administered by the SSS under RA 1161, as amended. Special leave is for women who underwent surgery caused by gynecological disorders.

However, you are correct in saying that one of the conditions for receipt of allowance under SSS Sickness Benefits is that "all sick leaves of absence with full pay to the credit of the employee member shall have been exhausted".

For more info, read this: h t t p : http://pcw.gov.ph/sites/default/files/documents/laws/amended-special-leave-benefits-DOLE.pdf (remove spaces)