Magna carta for women benefit

Hi, good day. Last aug 2013 I had a D&C procedure done for which I had filed for a leave at work. I had submitted all necessary documents so I could file for benefits under the Magna Carta for Women law. My inital leave of 2 weeks as approved by my company but I had to get an additional two week extension of leave because I was still anemic (due to the months of ecxessive bleeding prior to the D&C, and despite having 2 units of blood transfusion during hospitalization). My question is, our Company doctor did not approve of the extended leave as part of my Magna Carta claim. Is this valid? In the end, the company only paid me 80hrs as part of my benefit and the rest was left forgotten despite filing for pay disputes. Could you clarify this for me please..?

D&C procedure is considered the same as having a baby right? So you should get maternity leave, full pay for 2 months.

http://www.laborlaw.usc-law.org/2011/08/19/special-leave-benefits-for-women/

As per the magna carta, it is a valid gynecological disorder that is covered by the special leave benefit for women. I do know that I am entitled to a max of 2 months leave, but as I have mentioned, my initial leave approval was only for 2weeks AND an extension od another 2weeks.. So I am questioning the validity of our Company Pysician not to approve the 2week extension as part of the special leave benefit..

did you asked them why was it disapproved?

According to them, no surgical procedure was done on the extension of my leave to make it a full month. The documents I submitted, medical certicate, indicates that I needed the extension to recover from my operation, and laboratory results were also submitted which shows my still existing anemia.

My follow up question is: does our Company Physician have the authority to approve/dissapprove on special benefits may batas naman po na dapat ay covered nito

since batas yan.. they dont have the right to disapprove it.. mag complain ka sa SSS.

Its a labor law. Do i go to SSS???

The sss sickness benefit was filed and approved. This is an entirely different dispute..

is the D&C due to miscarriage?

Dilation and cutterage is usually done after a miscarriage but can also be done if your lining has been thick

pcegay


If I were you, just use your SSS since D&C is not really a surgery. Reserve your Magna Carta Leave for more serious problem that may arise in the future because that privilege is only given once. If you still have a problem with your anemia, I think your company doctor could give you a high dose iron supplement.

For non-implementation of Magna Carta, you go to DOLE since MC is given by the company and not SSS

if it's due to miscarriage.. it's not covered by the magna carta.. you can only claim via SSS.. pregnancy is not a gynecological disorder.

It was not a miscarriage, that is why the initial 2week leave was approved.

then you have a case against them.. go to DOLE.

Thank you for the info. @HR adviser, can I confirm that the MC is a one time privilege? If I've claimed it once, i can't claim / file for it at any other time in the future?

i think maximum of 4x including live births.. sa SSS.. don sa magna carta wala naman nakalagay

Pcegay:

Yes. Only once since it is also very expensive on the employer's part. I hope your ok since your approved rest is 2 weeks. You must have suffered from complication. Base on experience, D&C usually is 2-3 days for middle aged and 1 week for my employees 40 above


Patok:

Its not in the Magna carta law but it was written on the guidelines for employer.

Hi Atty,
I had my partial salpingectomy (removal of fallopian tube) last September 5 as a result of an ectopic pregnancy. I went to our HR department and was told I am not qualified for 2 months of full pay because SSS (ML benefit) will pay for it (they have yet to release my check). I argued that this is a separate benefit, based on what I've read here. Am I correct, and what next steps should I take? Thank you.

Show them the law.

This is separate from the SSS Benefit.

@fsluya...

i could be because it was due to an ectopic pregnancy, thus the reason why they are claiming you are not covered by the magna carta for women benefits. You might need to clarify this.

@pcegay:

That's what I thought, too. Post-operative diagnosis on my hospital documents is right ampullary (tubal) pregnancy, operation performed is right partial salpingectomy.

Is anyone aware of a similar case where the full 2-month-pay was awarded on top of the SSS benefit?