Magna Carta for Women and SSS Sickness Benefits in the Philippines: A Comprehensive Legal Overview

The Philippines has enacted a number of laws protecting women’s rights and welfare in the workplace, healthcare, and society at large. Two crucial frameworks that often intersect for working women are (1) the Magna Carta for Women (Republic Act No. 9710) and (2) the Social Security System (SSS) Sickness Benefit under the Social Security Act and its amendments. This article provides a detailed overview of both, highlighting how these laws work together to uphold women’s rights and ensure adequate social protection.

1. The Magna Carta for Women (Republic Act No. 9710)

1.1. Background and Purpose

Enacted in 2009, the Magna Carta for Women (RA 9710) is a comprehensive women’s human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling, and promoting their rights in all spheres of life. It operationalizes the country’s obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and integrates gender equality standards into Philippine law.

1.2. Scope and Coverage

The Magna Carta for Women covers all women and girls, regardless of their age, status, ethnicity, religion, or other personal circumstances. It imposes obligations on:

Government agencies (national and local levels)
Private sector institutions
Civil society organizations (to the extent of ensuring non-discriminatory practices)

1.3. Key Principles and Provisions

Elimination of Discrimination in Employment
- Guarantees equal opportunities and treatment in hiring, promotion, and retention.
- Prohibits denial of employment or grounds for dismissal on the basis of pregnancy, maternity status, or marital status.
Right to Health
- Upholds women’s right to comprehensive healthcare services, including maternal care, prenatal and postnatal services, and other reproductive health services.
- Requires that healthcare facilities and programs be gender-sensitive and accessible.
Social Protection
- Encourages government agencies and the private sector to strengthen social protection programs (including but not limited to health, maternity, and sickness benefits).
- Mandates that women’s social security rights (such as those provided by SSS) are protected from discrimination.
Special Leave Benefits (Gynecological Leave under RA 9710)
- Under Section 18 of the Magna Carta for Women, female employees who undergo surgery caused by gynecological disorders (e.g., hysterectomy, ovarian cystectomy) are entitled to a special leave benefit of up to two months with full pay, provided they have rendered at least six months of continuous aggregate employment in the last twelve months.
Gender-Responsive Governance
- Promotes the creation and strengthening of Gender and Development (GAD) programs in government agencies and local government units to ensure that laws benefitting women are implemented effectively.

1.4. Enforcement and Monitoring

Philippine Commission on Women (PCW) oversees and monitors the law’s implementation, issuing guidelines and reporting compliance.
Department of Labor and Employment (DOLE) and other agencies ensure compliance in the private sector, especially in matters relating to employment and labor standards.

2. SSS Sickness Benefit in the Philippines

The Social Security System (SSS) provides a range of benefits to members under the Social Security Act of 1997 (Republic Act No. 8282) as amended by Republic Act No. 11199 (“Social Security Act of 2018”). One of these is the Sickness Benefit, designed as a daily cash allowance paid to qualified members who are unable to work due to sickness or injury.

2.1. Eligibility Requirements

To qualify for the SSS Sickness Benefit, a member must:

Have at least three monthly contributions within the 12-month period immediately preceding the semester of sickness or injury.
Have used up all company sick leaves with pay (if employed).
Have notified the employer within five calendar days from the start of sickness or injury (for employed members).
- For self-employed, voluntary, or overseas Filipino worker (OFW) members, notification to SSS must be made directly within five calendar days from the start of sickness.

2.2. Benefit Coverage

The SSS Sickness Benefit pays a daily cash allowance equivalent to 90% of the member’s average daily salary credit (ADSC).
A qualified member can receive a maximum of 120 days per calendar year for sickness benefits, which may be extended for additional benefit coverage under specific conditions (such as extended periods of illness).

2.3. Filing and Claims Process

Notification
- Employed members must notify their employer; the employer, in turn, files the sickness claim with the SSS.
- Self-employed or voluntary members file the claim directly with SSS.
Documentation
- Medical certificate or relevant medical records verifying the illness or injury.
- Proof of SSS contributions to verify eligibility.
Payment
- The employer initially advances the sickness benefit to the employee, then applies for reimbursement from the SSS.
- For self-employed or voluntary members, the SSS directly pays the amount approved.

2.4. Relevance for Women

While the SSS Sickness Benefit is open to all qualified members (regardless of gender), women who suffer from gynecological conditions, complications due to pregnancy, or other health-related issues often rely on the sickness benefit when they are unable to work. This is in addition to other female-specific benefits, such as maternity leave benefits (covered separately under RA 8282, RA 11199, and RA 11210, the Expanded Maternity Leave Law) and the special leave benefit under the Magna Carta for Women (for gynecological surgeries).

3. Intersection of the Magna Carta for Women and SSS Sickness Benefits

Non-Discrimination in Access to SSS Benefits
- The Magna Carta for Women mandates that female employees must not be discriminated against in the provision of social security benefits. Employers cannot deny or reduce entitlements—such as the SSS Sickness Benefit—solely because of a woman’s pregnancy, marital status, or other gender-related conditions.
Special Leave and Sickness Benefit
- While the Magna Carta for Women provides up to two months of paid leave for surgeries related to gynecological disorders, the SSS Sickness Benefit covers other illnesses or injuries, including non-surgical conditions. In some cases, if the illness or injury extends beyond the special leave or if the condition is not gynecological in nature, the employee may be able to claim SSS Sickness Benefit.
Enhanced Protection for Women with Health Issues
- Because RA 9710 underscores gender-sensitive and women-oriented healthcare, government agencies are encouraged to strengthen collaboration with the SSS to ensure efficient processing of women’s sickness benefit claims.
- Employers are also reminded of their obligation to provide necessary support (e.g., workplace adjustments, immediate processing of SSS claims) to women who temporarily cannot work due to health issues.
Compliance and Enforcement
- The DOLE, SSS, and PCW coordinate to enforce these laws. Violations—such as refusing to file an SSS sickness claim for a female worker who qualifies—could result in administrative penalties or labor case disputes.

4. Practical Considerations for Women Employees and Employers

Keep Track of Contributions
- To ensure eligibility for SSS Sickness Benefit, women employees should monitor their SSS contributions. Employers must remit these contributions on time to avoid issues in claiming benefits.
Maintain Accurate Medical Documentation
- For sickness benefit claims, medical certificates, laboratory or diagnostic results, and physician’s statements are critical. Women who anticipate or experience gynecological concerns should keep thorough medical records.
Know Your Leave Entitlements
- Women employees should differentiate between Magna Carta Special Leave (for gynecological surgeries) and the SSS Sickness Benefit (for other illnesses or injuries). Both may apply in different circumstances. If the condition is gynecological and requires surgery, the two-month leave under RA 9710 may be invoked. If additional time is needed or the condition is outside gynecological concerns, the SSS Sickness Benefit may be used.
Notify Promptly
- Timely notification to employers (or directly to SSS for voluntary members) is crucial. Missing the five-day notice rule can cause denial or delay of claims unless there are justifiable reasons.
Seek Assistance from Government Agencies
- If an employer neglects or refuses to file SSS benefits, women employees can approach the nearest SSS branch or DOLE office.
- The Philippine Commission on Women (PCW) and other agencies also have helpdesks for complaints involving potential violations of the Magna Carta for Women.

5. Conclusion

The Magna Carta for Women (RA 9710) and the SSS Sickness Benefit are pillars of women’s rights and social protection in the Philippines. Together, they ensure that Filipino women enjoy comprehensive legal safeguards against discrimination, access to specialized health care, and financial assistance during times of sickness or disability. Understanding these rights, as well as the processes and requirements, is essential for both employees and employers. Proper implementation and compliance not only fulfill legal obligations but also foster a fair, healthy, and equitable working environment for all.

References and Relevant Laws

Republic Act No. 9710 – Magna Carta for Women
Republic Act No. 8282 – Social Security Act of 1997 (as amended)
Republic Act No. 11199 – Social Security Act of 2018 (amending RA 8282)
Philippine Commission on Women (PCW) – Implementing Rules and Regulations of RA 9710
Department of Labor and Employment (DOLE) – Labor advisories and issuances relating to women’s rights and benefits

These laws, when read and implemented in tandem, affirm the Philippines’ commitment to uphold women’s rights and welfare by ensuring robust healthcare benefits, protection against discrimination, and a supportive social security framework.