Guidelines on the Availment of the Special Leave Benefits for Women Under R.A. 9710 (An Act Providing for the Magna Carta of Women)

June 28, 2011

OCA CIRCULAR NO. 83-11

 

For the information and guidance of all concerned, quoted hereunder is the pertinent portion of CSC MC No. 25, s. 2010, to wit:

"Pursuant to CSC Resolution No. 1000432 dated November 22, 2010, the following Guidelines for the Availment of the Special Leave Benefits for Women under R.A. 9710 (An Act Providing for the Magna Carta of Women) are hereby prescribed for the guidance of all concerned:

1.0 Purpose

1.1 To provide further guidelines on the availment of special leave benefits for qualified female public sector employees who have undergone surgery caused by gynecological disorders pursuant to the provisions and implementing rules and regulations of the Magna Carta of Women.

1.2 To ensure the uniform interpretation and implementation of the grant of the special leave benefits for women and ensure that the availment of the same ultimately upholds the objectives of the Law. aHADTC

2.0 Guidelines on Entitlement to the Special Leave Benefits for Women

2.1 Any female public sector employee regardless of age and civil status, shall be entitled to a special leave of a maximum of two (2) months with full pay based on her gross monthly compensation, provided she has rendered at least six (6) months aggregate service in any or various government agencies for the last twelve (12) months prior to undergoing surgery for gynecological disorders.

2.1.1 The special leave privilege may be availed for every instance of gynecological disorder requiring surgery for a maximum period of two (2) months per year.

2.2 Generally, availment of the said special leave benefits shall be in accordance with the attached List of Surgical Operations for Gynecological Disorders (Annex A), which reflects, among others, the estimated periods of recuperation from surgery due to the specific gynecological disorder.

2.2.1 The said List of Surgical Operations for Gynecological Disorders reflects, among others a classification of the Procedure based on the patient's estimated period of recuperation, defined as follows:

Classification of the	Description
Procedure based on the
Patient's Estimated Period
of Recuperation if without
concomitant medical
problems
Minor	Surgical Procedures
	requiring a maximum
	period of recuperation
	of two (2) weeks
Major	Surgical Procedures
	requiring a minimum
	period of recuperation
	of three (3) weeks to a
	maximum period of
	two (2) months

2.2.2 Other Surgical Operations for Gynecological Disorders which are not found in Annex A of this Guidelines may be allowed subject to certification of a competent medical authority and submission of other requirements provided under item 3.1 hereof.

2.3 The earned leave credits may be used for preparatory procedures and/or confinement prior to the surgery. Moreover, should the period of recuperation after the surgery exceed two (2) months, the female official/employee may use her earned sick leave credits for the same. If the sick leave credits have been exhausted, the vacation leave credits may be used pursuant to Section 56 of the Omnibus Rules on Leave. SECcIH

2.4 This special leave benefit is non-cumulative and not convertible to cash.

3.0 Procedure for Availment of the Special Leave Benefits for Women

3.1 The application for the special leave benefit shall be made through the Civil Service Form No. 6 (CS Form 6) signed by the employee and approved by the proper signing authorities.

3.2 The CS Form 6 shall be accompanied by a medical certificate filled out by the proper medical authorities, e.g., the attending surgeon accompanied by a clinical summary reflecting the gynecological disorder which shall be addressed or was addressed by the said surgery; the histopathological report; the operative technique used for the surgery; the duration of the surgery including the peri-operative period (period of confinement around surgery); as well as the employee's estimated period of recuperation for the same.

3.3 The application for the special leave benefits may be applied for in advance, that is, at least five (5) days prior to the scheduled date of the gynecological surgery that will be undergone by the employee. The rest of the requirements specified in item 3.2 shall be attached to the medical certificate upon the employee's return to work under Item 3.5 of this Guidelines.

 The advance notice for taking such leave would give the proper authorities ample time and means to prevent the disruption of the operations of the work unit during the absence of the employee and to address the exigency of services of the office.

3.4 In instances when a qualified female employee undergoes an emergency surgical procedure, the said leave application shall be filed immediately upon the employee's return from such leave also following the procedure set forth in Item 3.1 and 3.2 of this Guidelines.

3.5 Upon the employee's return to work, she shall also present a medical certificate signed by her attending surgeon that she is physically fit to assume the duties of her position.

4.0 Responsibilities of the Agency Head

4.1 The agency head shall ensure that the aforecited guidelines are enforced in one's agency as a mechanism in order that female employee's right to proper reproductive health care is ensured.

4.2 The agency head shall promote reproductive health care awareness and wellness program for its employees through proactive measure/s such as conduct of annual physical/medical check-up, information campaign on maintaining proper reproductive health care; issuance of health advisories; distribution of educational reading materials and conduct of fora relative to the same. IcHSCT

5.0 Effectivity

These Guidelines shall take effect retroactively starting September 15, 2009 or fifteen (15) days after the publication of the Magna Carta of Women.

Government officials and employees covered in these Guidelines whose periods of surgery and recuperation due to gynecological disorders after the effectivity of the Magna Carta of Women and before the promulgation of these Guidelines were deducted against their sick or vacation leave credits can have the said leave credits restored and/or appropriate gross compensation paid, as the case may be."

Please be guided accordingly.

(SGD.) JOSE MIDAS P. MARQUEZCourt AdministratorOffice of the Court Administrator

ANNEX A

List of Surgical Operations for Gynecological Disorders

Vulva, Perineum, and Introitus

Procedure	Disease	Classification *
Incision and drainage of vulvar or	Vulvar or perineal abscess	Minor
perineal abscess/masses
Incision and drainage of Bartholin's	Bartholin's gland abscess	Minor
gland abscess
Marsupialization of Bartholin's	Bartholin's gland cyst	Minor
gland cyst
Lysis of labial adhesions	Labial adhesions	Minor
Biopsy of vulvar or perineal	Vulvar warts	Minor
masses	Vulvar Masses
Electracautery of vulvar warts	Vulvar warts	Minor
Vulvectomy simple; partial	Vulvar masses	Major
or complete
Vulvectomy, radical, partial;	Vulvar carcinoma	Major
	with unilateral inguinofemoral
	lymphadenectomy
	with bilateral inguinofemoral
	lymphadenectomy
Vulvectomy, radical, complete;	Vulvar carcinoma	Major
	with unilateral inguinofemoral
	lymphadenectomy
	with bilateral inguinofemoral
	lymphadenectomy
Vulvectomy, radical, complete, with	Vulvar carcinoma	Major
inguinofemoral, iliac, and pelvic
lymphadenectomy
Partial hymenectomy or revision of	Imperforate hymen	Minor
hymenal ring
Hymonectomy, simple incision	Imperforate hymen	Minor
Excision of Bartholin's gland or cyst	Bartholin's gland	Minor
		cyst/abscess
Vagina
Procedure	Disease	Classification
Biopsy of vaginal mucosa and/or	Vaginal warts, vaginal	Minor
masses	masses
Colpocleisis (Le Fort type)	Uterine prolapse	Major
Excision of vaginal septum	Transverse vaginal septum	Minor
Excision of vaginal cyst or tumor	Vaginal cyst	Minor
		Vaginal masses
Insertion of uterine tandems and/or	Cervical or endometrial	Minor
vaginal ovoids for clinical	cancer
brachytherapy
Colporrhapy, suture of injury of	Trauma	Minor
vagina (nonobsterical)
Colpoperineorrhapy, suture of	Trauma	Minor
injury of vagina and/or perineum
(nonobsterical)
Plastic operation on urethral	Urethrocele	Minor
sphincter, vaginal approach (e.g.,
Kelly urethral plication)
Plastic repair of urethrocele	Urethrocele	Minor
Anterior and/or posterior	Cysto+/-urethrocele	Major
colporrhaphy
Anterior and/or posterior	Rectocele	Major
colporrhaphy, with or w/o
perineorrhapy
Combined anteroposterior	Cystocoele with rectocele	Major
colporrhaphy
	With enterocele repair	Pelvic organ prolapsed	Major
Repair of enterocele, vaginal	Pelvic organ prolapsed	Major
approach
Repair of enterocele, Abdominal	Pelvic organ prolapsed	Major
approach
Colpopexy, abdominal approach	Pelvic organ prolapsed	Major
Sacrospinous ligament fixation	Pelvic organ prolapsed	Major
for prolapse of vagina
Prespinous on Iliococcygeal	Pelvic organ prolapsed	Major
ligament fixation
Paravaginal defect repair (including	Pelvic organ prolapsed	Major
repair of cystocele, stress urinary
incontinence, and/or incomplete
vaginal prolapse)
Sling operation for stress	Urinary stress	Major
incontinence (e.g., fascia or	incontinence
synthetic)
Burch calposuspension/retroposbic	Urinary stress	Major
urethroprosy	incontinence
Pereyra procedure, including	Urinary stress	Major
anterior colporrhapy	incontinence
Repair of rectovaginal fistula,	Rectovaginal fistula	Major
vaginal or transanal approach
	abdominal approach	Rectovaginal fistula	Major
	abdominal approach, with	Rectovaginal fistula	Major
	concomitant colostomy
Repair of urethrovaginal fistula;	Urethrovaginal fistula	Major
	with bulbocavernosus transplant		Major
Repair of vesicovaginal fistula;	Vesicovaginal fistula	Major
vaginal approach
	transvesical and vaginal
	approach
Removal of impacted vaginal	Retained foreign body	Minor
foreign body under anesthesia
Laparoscopy, surgical, colpopexy	Pelvic organ prolapsed	Major
(suspension of vaginal apex)
Colposcopy (Vaginoscopy)	Vaginal intraepithelial lesions	Minor
Colposcopy; with biopsy(s)	Vaginal and cervical	Minor
of the cervix and/or endocervical	intraepithelial lesions
curettage
Colposcopy; with loop electrode	Cervical intraepithelial	Minor
excision procedure of the cervix	lesions
Cervix
Procedure	Disease	Classification
Cervical Biopsy, single or multiple,	Cervical pathology	Minor
or local excision of lesion, with or
w/o fulguration
Cauterization of cervix; any	Cervical warts	Minor
method
Conization of cervix, with or w/o	Cervical intraepithelial	Minor
fulguration, with or w/o dilation	neoplasia
and curettage, with or w/o repair;
cold knife or laser loop electrode
excision
Trachelectomy (cervicectomy),	Cervical masses	Major
amputation of cervix
Excision of cervical stump,	S/p subtotal hysterectomy	Major
abdominal approach; with or
w/o pelvic floor repair
Excision of cervical stump,	S/p subtotal hysterectomy	Major
vaginal approach; with anterior	+/- pelvic organ prolapse
and/or posterior repair with
repair of entercele
Trachelorrhaphy, plastic repair	Cervical lacerations	Minor
of uterine cervix, vaginal
approach
Cerclage of cervix, during	Cervical incompetence	Major
pregnancy; vaginal abdominal
Hysterorrhaphy of ruptured uterus	Cervical incompetence	Major
Uterus
Procedure	Disease	Classification
Endometrial sampling (biopsy)	Uterine Pathologies	Minor
with or w/o endocervical sampling
(biopsy), w/o cervical dilation,
any method
Dilation and curettage	Uterine Pathologies	Minor
Vaginal Myomectomy, excision of	Uterine Pathologies	Minor
fibroid tumor of uterus, single or
multiple
Myomectomy, excision of fibroid	Uterine Pathologies	Major
tumor of uterus, single or multiple;
abdominal approach
Total abdominal hysterectomy	Uterine, ovarian and	Major
(corpus and cervix), with or w/o	fallopian pathologies
removal of tube(s), with or w/o
removal ovary(s)
Supracervical abdominal	Uterine, ovarian and	Major
hysterectomy (subtotal	fallopian tube pathologies
hysterectomy), with or w/o
removal of tube(s), with or w/o
removal of ovary(s)
Total abdominal hysterectomy,	Uterine, ovarian, fallopian	Major
including partial vaginectomy, with	tube malignancies
para-aortic and pelvic lymph node
sampling, with or w/o removal of
tube(s), with or w/o removal of
ovary(s)
Radical abdominal hysterectomy,	Uterine, ovarian	Major
with bilateral total pelvic	malignancies
lymphadenectomy and para-aortic
lymph node sampling (biopsy),
with or w/o removal of tube(s),
with or w/o removal of ovary(s)
Pelvic exenteration for gynecologic	Uterine, ovarian, fallopian	Major
malignancy, with total abdominal	tube malignancies
hysterectomy or cervicectomy,
with or w/o removal of tube(s),
with or w/o removal of ovary(s),
with removal of bladder and
ureteral transplantations, and/or
abdominoperineal resection of
rectum and colon and colostomy,
or any combination thereof.
Vaginal hysterectomy;	Pelvic organ prolapse/stress	Major
		urinary incontinence
	with removal of tube(s), and/or	Pelvic organ prolapse/stress	Major
	ovary(s)	urinary incontinence
	with removal of tube(s), and/or	Pelvic organ prolapse/stress	Major
	ovary(s), with repair of enterocele	urinary incontinence
	with colpo-urethrocystopexy	Pelvic organ prolapse/stress	Major
	(Marshall-Marchetti-Krantz type,	urinary incontinence
	Pereyra type, with or w/o
	endoscopic control)
	with repair of enterocele	Pelvic organ prolapse/stress	Major
		urinary incontinence
Vaginal hysterectomy; with total or	Pelvic organ prolapse/stress	Major
partial colpectomy	urinary incontinence
	with repair of enterocele	Pelvic organ prolapse/stress	Major
		urinary incontinence
Vaginal hysterectomy; radical	Pelvic organ prolapse with	Major
(Schauta type operation)	associated cervical cancer
Uterine suspension, with or w/o	Pelvic organ prolapsed	Major
shortening of round ligaments,
with or w/o shortening of
sacrouterine ligaments;
Hysterorrhaphy, repair of ruptured	Non-obstetrical uterine	Major
uterus (nonobstetrical)	rupture (e.g., trauma)
Hysteroplasty, repair of uterine	Mullerian anomalies, e.g.,	Major
anomaly (Strassman type)	Septate uterus
Laparoscopy, surgical,	Uterine pathologies	Major
myomectomy, excision; intramural
myomas and/or removal of
surface myomas
Laparoscopy surgical, with vaginal	Uterine pathologies	Major
hysterectomy; with removal of
tube(s) and/or ovary(s)
Hysteroscopy diagnostic	Uterine pathologies	Minor
Hysteroscopy, surgical; with	Uterine pathologies	Minor
sampling (biopsy) of endometrium
and/or polypectomy, with or w/o
D & C
	with lysis of intrauterine	Uterine pathologies	Minor
	adhesions (any method)
	with division or resection of	Uterine pathologies	Minor
	intraterine septum (any method)
	with removal of leiomyomata	Uterine pathologies	Minor
	with removal of impacted	Uterine pathologies	Minor
	foreign body
	with endometrial ablation (e.g.,	Uterine pathologies	Minor
	endometrial resection,
	electrosurgical ablation
	thermoablation)
	with bilateral fallopian tube	Uterine pathologies	Minor
	cannulation to induce occlusion
	by placement of permanent
	implants
Laparoscopy, surgical; with lysis of	Fallopian tube pathologies	Minor
adhesions (salphingolysis)
	with removal of adnexal	Fallopian tube pathologies	Major
	structures (partial or total
	oophorectomy and/or
	salpingectomy
	with fulguration or excision of	Fallopian tube pathologies	Minor
	lesions of the ovary, pelvic
	viscera, or peritoneal surface
	by any method
	with fulguration of oviducts	Fallopian tube pathologies	Minor
	(with or without transection)
	with occlusion of oviducts by	Fallopian tube pathologies
	device (e.g., band, clip, or
	Falope ring)
	with fimbrioplasty	Fallopian tube pathologies	Major
	with salphingostomy	Fallopian tube pathologies	Major
	(salpingoneostomy)
Oviduct
Procedure	Disease	Classification
Tubal Reanastomosis	Fallopian tube pathologies	Major
Salpingectomy, complete or	Fallopian tube pathologies	Major
partial, unilateral or bilateral
Salphingo-oophorectomy, complete	Fallopian tube and ovarian	Major
or partial, unilateral or bilateral	pathologies
Lysis of adhesions (salpingolysis)	Fallopian tube pathologies	Major
	Fimbrioplasty	Fallopian tube pathologies	Major
Salpingostomy (salpingoneostomy)	Fallopian tube pathologies	Major
Transcervical introduction of	Fallopian tube pathologies	Major
fallopian tube catheter for
diagnosis and/or re-establishing
patency (any method) with or w/o
hysterosalpingogrophy
Ovary
Procedure	Disease	Classification
Aspiration of ovarian cyst(s),	Ovarian cyst	Minor
unilateral or bilateral; vaginal
approach
Drainage of ovarian abscess;	Tuboovarian abscess	Minor
vaginal approach
Ovarian cystectomy, unilateral or	Benign ovarian cysts (e.g.,	Major
bilateral	endometriotic cyst, dermoid
		cyst, serous cystadenoma,
		mucinus cystadenoma)
Oophorectomy, partial or total,	Benign ovarian cysts	Major
unilateral or bilateral;
For ovarian malignancy, with para-	Ovarian cancer	Major
aortic and pelvic lymph node
biopsies, peritoneal washings,
peritoneal biopsies, diaphragmatic
assessments, with or w/o
salpingectomy(s), with or w/o
peritoneal biopsies, diaphragmatic
assessments, with or w/o
salpingectomy(s), with or w/o
omentectomy
Resection of ovarian malignancy with	Ovarian cancer	Major
bilateral salpingo-oophorectomy
and omentectomy;
	with total abdominal	Ovarian cancer	Major
	hysterectomy, pelvic and
	limited para-aortic
	lymphadenectomy
	with radical dissection for	Ovarian cancer	Major
	debulking
Laparotomy, for staging or	Ovarian cancer	Major
restaging of ovarian malignancy
("second look"), with or w/o
omentectomy, peritoneal washing,
biopsy of abdominal and pelvic
peritoneum, diaphragmatic
assessment with pelvic and
limited para-aortic
lymphadenectomy
Ovariolysis	Lysis of Adhesions	Major
Breast Procedures
Procedure	Disease	Classification
Puncture aspiration of cyst of	Simple breast cyst,	Minor
breast	Fibrocystic change
Mastotomy with exploration or	Breast abscess/Mastitis	Minor
drainage of abscess, deep
Biopsy breast; needle core, fine	Breast mass, benign or	Minor
needle aspiration	malignant
Excision of lactiferous duct fistula	Intraductal Papilloma	Minor
Excision of cyst, fibroadenoma,	Fibroadenoma, Fibrocystic	Minor
or other benign breast masses	change
Incision/Excision biopsy	Benign breast masses or	Minor
		breast cancer
Wide excision	Phyllodes tumor, Ductal	Major
		carcinoma in-situ, Lobular
		carcinoma in-situ
Total Mastectomy	Phyllodes tumor, Ductal	Major
		carcinoma in-situ, Lobular
		carcinoma in-situ
Mastectomy, subcutaneous	Silicone Mastitis	Major
Radical/Modified Radical	Breast cancer	Major
Mastectomy
Lumpectomy/quadrantectomy,	Breast cancer	Major
axillary node dissection
Lumpectomy, sentinel node	Breast cancer	Major
biopsy +/- axillary node
dissection
Breast reconstruction with	Breast cancer, Phyllodes	Major
latissimus dorsi flap, with or	tumor, Ductal carcinoma in-
without prosthetic implant	situ, lobular carcinoma in-
		situ (after mastectomy)
Breast reconstruction with	Breast cancer, Phyllodes	Major
free flap	tumor, Ductal carcinoma in-
		situ, lobular carcinoma in-
		situ (after mastectomy)
Breast reconstruction with	Breast cancer, Phyllodes	Major
other technique	tumor, Ductal carcinoma in-
		situ, lobular carcinoma in-
		situ (after mastectomy)
Breast reconstruction with	Breast cancer, Phyllodes	Major
transverse rectus abdominis	tumor, Ductal carcinoma in-
myocutaneous flap (TRAM)	situ, lobular carcinoma in-
		situ (after mastectomy)

 

Legend:

* Classification refers to the estimated period of one's recuperation after

Minor — pertains to one's estimated period of recuperation requiring a

Major — pertains to one's estimated period of recuperation more than three