Is Magna Carta considered as Sick Leave?

I had undergone a complete hysterectomy last March, 2017. As I research Magna Carta is being paid by employer - RA 9710 and SSS sickness is being reimbursed - RA 8282...
Based on FAQs online, it can be availed at the same time for the same surgery and the same dates because they are different.
Now, my SSS sickness claim has been approved for 60 days but per my employer I am not eligible due to section 14, (3); (b) of RA 8282 amending RA 1611.... 'provided that such allowance shall begin only afte all sick leaves of absence with full pay to the credit of the employee member shall have been exhausted.' Submitting an SSS Sickness claim when sick leave credits or Magna Carta leaves have not yet been utilized is double dipping on the benefit.
My Sick Leave balance on March is showing negative so it means that I already utilized my Sick Leaves.
I was paid by my employer for that 60 day period per RA 9710. If there is no law for Magna Carta then, that period would be unpaid since my Sick Leave Balance is showing negative.
I am reaching you today to help me understand about this Law. Per SSS, magna carta has nothing to do with SSS sickness claim. They will process the claims once filed since in my case is already approved.
Questions:
1.) Is Magna Carta considered as Sick Leaves that was pointes in RA8282 sec 14, (3), b?
2.) Is there any chance for me to have my 60 days approved Sickness Claim will be paid? -member benefit
Please provide references for each. I badly need that. I extend extra effort, time, money and even risked my health just to comply with the SSS requirement and now turned into MESS.

Looking forward to hear from you.

Thank you.
JMA

Hi JMA,

To answer your question,

1) Magna Carta is different from the sick leave benefit provided by SSS.
2) Magna Carta benefit is paid by the employer. if the employer have paid it already, you cannot claim it in SSS as sickness benefit.

Hi, mikos23.
Acknowledging your reply. Though it's too much, I would be very grateful if you can furnish me a reference for the number 2 answer so that I could spread this moving forward. Thanks!
Have a good one.

SPECIAL LEAVE FOR WOMEN
(RA 9710)

A. Coverage

Any female employee regardless of age and civil status shall be
entitled to a special leave benefit under such terms and conditions
provided herein.

B. Definition of Term

“Gynecological disorders” refers to disorders that would require
surgical procedures such as, but not limited to dilatation and curet tage and
those involving female reproductive organs such as the vagina, cervix,
uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor, as
certified by a competent physician. It shall also include hysterectomy,
ovariectomy and mastectomy.

C. Conditions for Entitlement

1. She has rendered at least six (6) months cont inuous aggregate
employment service for the last twelve (12) months pr ior to surgery;

2. She has filed an application for special leave with her employer within a
reasonable period of time from the expected date of surgery or within
such period as may be provided by company rules and regulations or
collective bargaining agreement ; and

3. She has undergone surgery due to gynecological disorders as certified
by a competent physician.

D. The Special Leave Benefit

The employee is entitled to special leave benefit of two (2) months with
full pay based on her gross monthly compensation.

Gross monthly compensation refers to the monthly basic pay plus
mandatory allowances fixed by the regional wage boards.

E. Usage

The special leave shall be granted to the qualified employee after she
has undergone surgery without prejudice to an employer allowing an
employee to receive her pay before or during the surgery.

F. Nonconversion to Cash

The special leave shall be non-cumulative and non-convertible to cash
unless otherwise provided by a collective bargaining agreement (CBA).

Ref: HANDBOOK ON
WORKERS’ STATUTORY
MONETARY BENEFITS

By DOLE

Just to clarify, how can your sickness claim be approved by the SSS but not paid? pag ni approve ng SSS yan ibig sabihin babayaran nila. furthermore pano mo nalaman na approved na? who submitted sa SSS?

Hi, Lukekyle!
Salamat po sa pagreply.... Upon knowing po that will be eligible for SSS partial disability pension, I went to SSS office na malapit sa tinutuluyan ko. Then, kinlaro ko pa po sa SSS Cubao dahil nirefer ako dun. Wala po kazeng onsite physician sa SSS office na una kong pinuntahan... kung hindi ko daw po nakunsumo ang 120 days hindi ako eligible sa 24 mos pension pero pwede ako mag claim ng sss sickness benefit dahil yung period na 'yun hindi advised not to report for work. Meaning nagkasakit ako. Ilang beses ko pa po inulit na tagged ko sha as magna carta. Kahit daw basta wala nang sick leave available si member. I personally filed the form and the docs. Timeframe would be 3 weeks. After 3 weeks, twicr po ako nagpunta ng branch to follow-up. Hayun, nisabi po sa akin na inform ko employer ko to pick-up dahil approved na daw po at company authorized representative lang daw po ang pwede mag receive. Nung ayaw pong iprocess ni employer ko, nagbalik pa din po ako sa SSS office. Then sabi nila since recommended ng SSS physician kaya approved sha ng 60 days at mababayaran sa akin as much as 60
Days once filed by my employer... T'was reitererated din po sa akin na Magna Carta has nothing to do with SSS sickness claim/reimbursement dahil magkaibang RA. As long as wala nang available sick leave si member dahil approved filing na lang ang kailangan. Sa pagkakaalam nga daw po nila eh dapat inabonohan na ito ni employer dahil sa Circular Letter 2017-006 issued ni SSS...
Aside from that, i was notified via email by our Benefits Team na approved na daw po sickness claims ko...
june 22 po ako nag inquire sa SSS branch at SSScubao
June 28 po, ni submit ko application attached po lahat mg required docs. All certified true copy...
Aug 02 po nang sabihin sa akin na sabihin ko si employer oo na approved na at ready for pick-up na...
'Yan po...
Salamat po sa oras...

yes, i dont see the problem. Payment from SSS is there na right? Employer just doesn't want to pick up check? Although hindi ba dapat ni mail ng SSS yan sa employer mo? Tell your employer if ni approve na ng SSS mismo who are they to dispute it? Its not their call.

Anyways tama ka, yung sickness benefit na binayaran nila is separate from the SSS benefit that you are entitled to. Worst case scenario (although i wouldn't advise you to do this until all other measures have been exhausted) pwede mo silang isumbong sa dole.

@mikos23
Apologies but can you please route me to the specific line item of that RA 9710 that supports your answer to my # 2 question? I am asking you this to help me understand... to enlightens me... because with my situation right now i am having a hard time finding it.
The sum would not be that big enough but the extra effort that i did, the sacrifices in fixing those docs especially my health status and the money spent. Everything is well budgeted for a solo parent. Every single cent counts. I am this desperate because if I was just informed that this scenario might happen I won't risk my health, my 2 Vacation Leaves, the money... to prepare that I need to travelled back to the province where the hospital was located.
Spare me for being emotional because it isn't easy for me to just accept that everything was turned into mess! I am this hurt not for myself... but for my son...

@mikos23
Apologies but can you please route me to the specific line item of that RA 9710 that supports your answer to my # 2 question? I am asking you this to help me understand... to enlightens me... because with my situation right now i am having a hard time finding it.
The sum would not be that big enough but the extra effort that i did, the sacrifices in fixing those docs especially my health status and the money spent. Everything is well budgeted for a solo parent. Every single cent counts. I am this desperate because if I was just informed that this scenario might happen I won't risk my health, my 2 Vacation Leaves, the money... to prepare that I need to travelled back to the province where the hospital was located.
Spare me for being emotional because it isn't easy for me to just accept that everything was turned into mess! I am this hurt not for myself... but for my son...

@lukekyle
Wala pa pong cheque. Ipa process lang po sha ni SSS kapag ni file ni employer ko ang claims/reimbursement. Upon filing po, naka attach po dun ang approved sickness claims application at noon lang po gagawin ni SSS ang voucher.
Maliit na halaga man po ang involved pero kung ito naman ay inilaan mu na sa nga pangangailangan, napakalaking impact po nito sa aming mag-ina lalo na po at malapit ng magkolehiyo ang anak ko...
Kaya po ako nasa forum na ito ngayon, somehow, suntok man sa bwan... inaamin ko po umaasa pa din ako...

My Apologies, I am wrong for no. 2. there was an amendment to the magna carta for women released last 2012 that allow claiming the leave from the company and filing sickness benefit from the SSS.

My Apologies, I am wrong for no. 2. there was an amendment to the magna carta for women released last 2012 that allow claiming the leave from the company and filing sickness benefit from the SSS.

No worries @mikos23. There are 2 amendmentts from DOLE... 2011 and 2012 as far as i reserached... The one that you are pointing to is in section 7...
Do you know someone who could give me advices what to do? I already escalated this to the highest person in the benefits team yet they stood that I am not eligible because I already took the Magna Carta...
Thanks.

When you stated the benefits team, you mean in SSS? That's also the response I get when processing the benefit of my employees before. Have you shown them the amendment?

Yes, i included a snap shot and attached the whole file. Right now, i would like to gather DOLE's perspective but dunno how...
Thanks.
Have a good one.