Eligibility to Claim Both Magna Carta and SSS Sickness Benefits in the Philippines
(Comprehensive Legal Primer, updated – 1 May 2025)
1. Snapshot
| Benefit | Governing law | Who is covered | Maximum duration w/in a calendar yr | Cash replacement rate | Who advances payment |
|---|---|---|---|---|---|
| SSS Sickness Benefit | §14–§14-A, Social Security Act (R.A. 11199, amending R.A. 8282) + SSS Circulars | All SSS-covered employees (private-sector, some sea-based OFWs, household staff) | 120 days (single-illness cap: 240 days) | 90 % of Average Daily Salary Credit (ADSC) | Employer (reimbursed by SSS) |
| Magna Carta “Special Leave” | §18, Magna Carta of Women (R.A. 9710) + D.O.L.E. Dept. Order 112-A-12 | Female employees (private or public) who have ≥ 6 mos. aggregate service in last 12 mos. | 2 months per qualified gynecologic surgery, convertible to 60 calendar days | “Full pay” = Basic wage + mandatory allowances | Employer (no reimbursement, but may deduct SSS sickness proceeds if employee avails both) |
Key principle: A woman who qualifies for both may receive no more than the higher of the two for the same days of absence, but she may lodge both claims so that the employer can recoup the SSS share while assuring her of full pay.
2. Legal Bases in Detail
- R.A. 11199 (2019) – Social Security Act of 2018, §§13–14-A
- R.A. 9710 (2009) – Magna Carta of Women, §18
- D.O.L.E. Department Order No. 112-A-12 (2012) – Revised Implementing Rules on the Special Leave Benefit for Women Workers
- SSS Circular Nos. 2022-003; 2021-010; 2020-016 – updated procedural rules on sickness reimbursements and electronic filing
- Labor Code, Art. Working Conditions & Rest Periods (for sick-leave conversion & non-diminution)
- Jurisprudence
- University of San Agustin v. Court of Appeals, G.R. 170389 (11 Feb 2008) – interplay of SSS sickness and internal sick-leave schemes
- Gatlabayan v. Sangguniang Barangay of Malanday, G.R. 207468 (3 Apr 2019) – no “double recovery” for the same contingency
- Cathay Pacific v. Velasquez, G.R. 168837 (23 Jan 2019) – principle carried over to Magna Carta-based leaves
3. Who Qualifies – Side-by-Side
| Requirement | SSS Sickness | Magna Carta Special Leave |
|---|---|---|
| Membership/Service | ≥ 3 monthly contributions in 12 mo. before semester of sickness | ≥ 6 mos. aggregate service in the last 12 mos. in the same company |
| Condition | Any illness/injury causing ≥ 4 days confinement or home recuperation | Surgery (open or minimally invasive) for gynecological disorders certified by OB-Gyne/Surgeon |
| Eligibility cut-off | Absence must be within current employment; no benefit after separation | May be availed even if surgery occurs after separation but still within employment-initiated procedure (rare) |
| Certification | SSS Form CLD-9N (Sickness Notice) + medical report | Medical Certificate + Operative Technique/Histopathology; filed in D.O.L.E. Form --MCW-SL |
| Notification | Employee to employer within 5 calendar days from start of sickness (if home), employer to SSS within 5 days from receipt | To employer immediately after pre-op clearance; no statutory filing with SSS |
4. Stacking the Benefits — “Yes, but not double pay”
Employee’s perspective
File both sets of documents so that:- the employer advances full pay for 60 days (Magna Carta);
- the employer recovers 90 % ADSC from SSS;
- any excess the employer paid beyond SSS reimbursement remains for the employee (thereby ensuring “full pay”).
Result: employee does not receive two cheques, but receives one net-full-pay salary credit.
Employer’s perspective
Statutory hierarchy (per DOLE D.O. 112-A-12, §15 & SSS Circular 2022-003):“Where the same period qualifies for payment under the SSS sickness benefit, the employer shall file for reimbursement and may apply the proceeds to offset its liability for the Magna Carta Special Leave.”
How: record the days in SSS R-3 as t-code 2 (Sickness); credit memo from SSS offsets contribution remittances or is paid by cheque.Limitations
- No more than 120 days of SSS sickness in any calendar year, even if split between Magna Carta and ordinary sickness.
- “Single-Illness Rule” – where post-op complications extend beyond 240 calendar days, the case is re-classified as total disability (SSS disability benefit supersedes sickness).
- Non-diminution – company CBA provisions granting separate (additional) sick-leave banks may continue; Magna Carta leave is on top of statutory SIL/VL but may be offset by SSS.
5. Practical Step-by-Step Filing Flow
| Timeline | Action by Employee | Action by Employer | Key Form |
|---|---|---|---|
| Pre-surgery | Secure OB-Gyne certificate, inform HR | Issue endorsement & compute tentative “full-pay” | Medical Certificate (MCW-SL-1) |
| Within 5 days post-surgery | Submit SSS sickness form (Part I) + hospital docs | File SSS Sickness Benefit Application online (Part II); tag leave as “Magna Carta” in payroll | SSS CLD-9N & CLD-9A |
| Within 30 days of last compensable day | – | Upload supporting files to SSS portal for reimbursement | Hospital Abstract, Operative Note |
| Upon SSS approval (~10-30 days) | – | Receive reimbursement; credit to general ledger | SSS Notice of Payment |
| Payroll cut-off | Receive one disbursement = basic wage + allowances – statutory deductions (full pay) | Deduct SSS proceeds from employer cash outlay; record balance as employee benefit expense | – |
6. Illustrative Scenarios
| Scenario | Eligible for Magna Carta? | Eligible for SSS Sickness? | Net effect to employee |
|---|---|---|---|
| A. 28-yr-old sales staff, laparoscopic myomectomy, 2-wk hospital stay, 3 yrs continuous service, monthly salary ₱25 000 | ✔ – meets surgery & service | ✔ – contributed 36 mos. | Receives 60 days full salary (≈ ₱50 000) once; employer later reimbursed ~₱40 500 from SSS |
| B. Probationary factory worker (4 mos.), D&C for miscarriage, daily wage ₱610 | ✖ – < 6 mos. service | ✔ – if ≥ 3 contributions | Up to 60 days sickness at 90 % ADSC only |
| C. 45-yr-old teacher in public school, total abdominal hysterectomy | ✔ – under DepEd Magna Carta for Women and Magna Carta for Teachers (R.A. 4670) | ✖ – covered by GSIS not SSS | 60 days full pay charged to school sick-leave ledger; no SSS counterpart |
| D. Private-sector nurse, ovarian cystectomy (30 days rest) + severe postoperative infection (adds 45 days) | ✔ – 75 days exceeds 60-day cap; can split: first 60 days Magna Carta, next 15 days ordinary sick-leave or SSS (if still incap.) | ✔ – entire 75 days subject to SSS sickness but employer can offset only first 60 days | Nurse still receives pay for all 75 days; employer gets SSS reimbursement for 75 days but applies only 60 days vs Magna Carta outlay |
7. Frequently Asked Practical Questions
1. Must the employee choose which benefit to file?
No. File both; the accounting reconciliation is performed by the employer. The SSS benefit is assignable to the employer under §14(f), R.A. 11199.
2. Can a company require the employee to use up SIL or VL first?
No. DOLE D.O. 112-A-12 expressly adds the 2-month special leave on top of existing leave credits. Offsetting with SIL violates §5, I.R.R.
3. Does the two-month special leave renew annually?
Not automatically. It accrues per qualified surgery, regardless of year, except where surgeries fall within the same treatment protocol (then still one entitlement).
4. Is hysterectomy for cancer covered?
Yes. §18, R.A. 9710 covers any gynecologic disorder requiring surgery. Malignancy does not disqualify; it may, however, extend beyond 60 days, after which ordinary sick-leave/SSS or disability rules apply.
5. What if SSS denies the claim?
Employee keeps the Magna Carta full-pay leave (employer cannot claw back), but employer may charge the amount to regular sick-leave bank or treat as wage advance; disputes go to SS Commission or NLRC as appropriate.
8. Compliance & HR Documentation Checklist
- ☐ Updated Employee Handbook reflecting separate Magna Carta leave pool
- ☐ Standard Medical Certification template compliant with D.O. 112-A-12
- ☐ SSS sickness e-submission account credentials & internal deadline tracker
- ☐ Payroll system flag for “Magna Carta – SSS offset” to avoid double posting
- ☐ Annual seminar for line managers on confidentiality and non-discrimination, per §19, R.A. 9710
9. Penalties for Non-Compliance
| Violation | Statutory fine/imprisonment | Ancillary liability |
|---|---|---|
| Refusal to grant Magna Carta leave | ₱50 000 – ₱300 000 +/or 1 mo.–3 yrs jail (§40, R.A. 9710) | Unpaid wages + interest + moral damages |
| Failure to remit/reimburse SSS sickness | ₱5 000 – ₱20 000 fine or 6 yrs – 12 yrs jail (§28 e, R.A. 11199) | NLRC awards for wage-related benefits |
10. Take-Away Matrix
| If you are… | Remember |
|---|---|
| Employee | Lodge both claims. You’ll get at least “full pay,” and your employer recovers the SSS share—no need to feel guilty about “double dipping.” |
| HR/Employer | Advance the Magna Carta full pay, then file SSS sickness within 5 days. Reconcile the reimbursement; keep payroll slips showing the offset. |
| Union/CBA drafter | You can negotiate higher caps (e.g., 90 days) but cannot go below statutory 60 days; any enhancement is subject to non-diminution doctrine. |
| Accountant | Set up a contra-expense account “SSS Recovered Sickness” to match against “Magna Carta Sick Pay.” |
Author’s note
This article synthesizes statutes, departmental issuances, and Supreme Court decisions current to 1 May 2025. Legislation is fluid—always check the latest SSS circulars and DOLE advisories before implementing policy changes.
Prepared by: [Your Name], Philippine labor-benefits specialist