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I need help and advice. I am a 44 year old separated mom and just recently I had total hysterectomy. I was informed by my gynecologist of this law. I did check online and its true. Please let me mention this...It said that under the Republic Act of 9710, otherwise known as the "Magna Carta law of Women" , a woman employee shall be entitled to a special leave benefit of 2 months with full pay based on gross monthly compensation following surgery caused by gynecological disorders. As guidelines for the implementation of special leave benefits for women in the private sectors, The Department of Labor and Employment issued Department Order number 112-11 series of 2011.
The law didnt say when the company would be paying the employee. I was hoping that thwy should release it a month or 30 days after the surgery because finances would be tough for a mom like me. Second, i just spoke to my boss and they said our HR department adviced her that i would only be paid for 45 days. According to them they have removed the rest days within those 2 months and I told them that they really dont pay me during my rest days so why deduct that. So based on the passed law they are cheating me of what is due me. I need help to understand the law further and also to fight for what is due me.
Also, the doctor said in my medical certificate that i have to rest and out of work for 75 days and i was confined on October 31, 2014 past 12:00 midnight so technically November 1. But according to the office sss only approved me to be paid for 45 days too. They said i wouldnt be paid for my rest days...of course that i understand but what about the January 5 - 15? There are still 9 days there that i am out and would not be paid? Please help me i feel so cheated.
The law didnt say when the company would be paying the employee. I was hoping that thwy should release it a month or 30 days after the surgery because finances would be tough for a mom like me. Second, i just spoke to my boss and they said our HR department adviced her that i would only be paid for 45 days. According to them they have removed the rest days within those 2 months and I told them that they really dont pay me during my rest days so why deduct that. So based on the passed law they are cheating me of what is due me. I need help to understand the law further and also to fight for what is due me.
Also, the doctor said in my medical certificate that i have to rest and out of work for 75 days and i was confined on October 31, 2014 past 12:00 midnight so technically November 1. But according to the office sss only approved me to be paid for 45 days too. They said i wouldnt be paid for my rest days...of course that i understand but what about the January 5 - 15? There are still 9 days there that i am out and would not be paid? Please help me i feel so cheated.
