I. Introduction

In Philippine labor and employment law, “Magna Carta leave” commonly refers to the special leave benefit granted to women employees who undergo surgery caused by gynecological disorders. This benefit comes from the Magna Carta of Women, principally Republic Act No. 9710, and its implementing rules.

It is different from maternity leave, sick leave, vacation leave, solo parent leave, service incentive leave, and leave under company policy. Magna Carta leave is a statutory special leave specifically designed to protect women’s health and employment security when they undergo medical procedures involving gynecological conditions.

The central question is: When can an employee claim Magna Carta leave benefits?

An employee may claim Magna Carta leave when she is a qualified woman employee, has rendered the required length of service, undergoes surgery due to a gynecological disorder, and submits the necessary medical proof to her employer.

II. Legal Basis

The Magna Carta leave benefit is grounded in the Magna Carta of Women, or Republic Act No. 9710, which recognizes the right of women workers to health protection and special leave benefits.

The law grants a woman employee who has rendered at least six months of continuous aggregate employment service for the last twelve months a special leave benefit of up to two months with full pay following surgery caused by gynecological disorders.

This leave benefit is intended to allow recovery from surgery and to prevent women workers from losing income merely because they need treatment for reproductive or gynecological health conditions.

III. Who May Claim Magna Carta Leave?

The benefit applies to a woman employee in the Philippines, whether employed in the private sector or public sector, provided that she satisfies the legal conditions.

For private sector employment, the employee must be an employee covered by Philippine labor laws and employed under an employer-employee relationship.

For government service, the benefit is also recognized, subject to civil service rules and applicable agency procedures.

The benefit is not limited to rank-and-file employees. As a statutory protection, it may apply to qualified women employees regardless of position, provided the requirements are met and no specific legal exclusion applies.

IV. Essential Requirements for Claiming Magna Carta Leave

A woman employee may validly claim Magna Carta leave if the following elements are present:

1. The employee is a woman employee

The benefit is specifically granted to women employees because it relates to gynecological disorders and reproductive health conditions.

2. She has rendered at least six months of continuous aggregate employment service within the last twelve months

The employee must have worked for the employer for at least six months, counted as continuous aggregate service, during the twelve months immediately preceding the surgery.

“Continuous aggregate employment service” generally means that the total service must reach the statutory minimum, even if the employee’s work arrangement includes periods that are not strictly daily, provided the employment relationship and service requirement are satisfied.

3. She undergoes surgery

The law requires that the leave be connected to surgery. A mere consultation, medication, diagnostic test, rest period, or non-surgical treatment is generally not enough.

The leave is intended for recovery after a surgical procedure.

4. The surgery is caused by a gynecological disorder

The surgery must be due to a condition affecting the female reproductive system or gynecological health.

Examples may include surgical procedures related to:

Uterine conditions;
Ovarian conditions;
Cervical conditions;
Fallopian tube conditions;
Vaginal or vulvar conditions;
Endometriosis;
Myoma or uterine fibroids;
Ovarian cysts;
Abnormal uterine bleeding requiring surgery;
Certain reproductive organ disorders requiring surgical intervention.

The exact medical classification depends on the physician’s diagnosis.

5. The employee must submit medical certification or supporting documents

The employee should present proof that the surgery is due to a gynecological disorder and that a period of recovery is medically necessary.

Employers commonly require:

Medical certificate;
Diagnosis;
Recommended surgery;
Date of surgery;
Estimated recovery period;
Hospital or surgical records, when necessary;
Physician’s certification that the surgery is gynecological in nature.

The employer may require reasonable documentation, but it should not impose requirements that defeat the employee’s statutory right or unnecessarily invade medical privacy.

V. What Is a Gynecological Disorder?

A gynecological disorder refers to a disease, condition, abnormality, or medical problem involving the female reproductive organs or reproductive health system.

This may involve the:

Uterus;
Cervix;
Ovaries;
Fallopian tubes;
Vagina;
Vulva;
Pelvic reproductive structures.

The law does not grant the leave merely because the employee is a woman or because she is ill. The illness must be gynecological, and the treatment must involve surgery.

VI. Meaning of “Surgery” Under the Benefit

The Magna Carta leave benefit applies when the employee undergoes a surgical procedure. Surgery generally means a medical operation involving operative intervention, whether major or minor, invasive or minimally invasive, as long as it is recognized as surgery by the attending physician.

Possible procedures may include:

Hysterectomy;
Myomectomy;
Oophorectomy;
Salpingectomy;
Dilation and curettage, if medically and legally considered surgery in the circumstances;
Laparoscopic surgery;
Removal of ovarian cysts;
Surgery for endometriosis;
Cervical surgery;
Other gynecological operations.

The critical point is not the label used by the employer but whether the procedure is medically certified as surgery caused by a gynecological disorder.

VII. How Much Leave Is Granted?

The benefit is up to two months with full pay.

“Up to two months” means that the maximum leave is two months, but the actual period depends on the physician’s recommendation and the employee’s medically necessary recovery period.

An employee does not automatically receive two months in every case. If the physician certifies that the employee needs three weeks to recover, the leave may be limited to that period. If the surgery requires a longer recovery period, the benefit may reach the full two-month maximum.

VIII. Is the Leave With Pay?

Yes. Magna Carta leave is with full pay.

Full pay generally means the employee should receive her basic salary or regular compensation during the approved leave period, subject to applicable rules on computation.

The employer should not treat the benefit as unpaid leave if the statutory requirements are met.

IX. Is Magna Carta Leave Separate From Sick Leave or Vacation Leave?

Yes. Magna Carta leave is a special statutory leave benefit. It is distinct from ordinary sick leave, vacation leave, service incentive leave, and other company-granted leaves.

This means an employer generally should not require the employee to exhaust her sick leave or vacation leave before she can use Magna Carta leave, if she qualifies for the statutory benefit.

However, workplace policies may provide procedures for documentation and coordination with other benefits. Company policy cannot reduce or take away the minimum statutory benefit.

X. Can an Employer Charge Magna Carta Leave Against Sick Leave Credits?

As a statutory special leave, Magna Carta leave should not simply be absorbed into ordinary sick leave if doing so would diminish the employee’s legal benefit.

If the employer provides more generous benefits, the company may coordinate the benefits in a way that avoids double recovery, but it cannot deny the employee the minimum right granted by law.

For example, if a collective bargaining agreement or company policy already gives a more favorable special gynecological surgery leave, that more favorable benefit may apply. But if the company only has general sick leave, the employer should not use that as a reason to deny Magna Carta leave.

XI. Is the Benefit Available Every Year?

The statute does not frame the benefit as a regular annual leave like vacation leave. It is tied to the occurrence of surgery caused by a gynecological disorder and the employee’s qualification at the time.

The benefit may be claimed when the legal conditions are present. If a woman employee undergoes another qualifying surgery at another time, the claim should be evaluated based on the law, the employee’s service record, medical certification, and applicable implementing rules.

Employers should avoid automatically treating it as a recurring annual entitlement independent of surgery.

XII. Can Probationary Employees Claim Magna Carta Leave?

Yes, a probationary employee may claim the benefit if she satisfies the statutory conditions, especially the required service period.

The law focuses on the employee’s status as a woman employee, her length of service, and the surgery caused by a gynecological disorder. Probationary status alone should not defeat the claim.

However, if the employee has not yet rendered at least six months of continuous aggregate employment service within the relevant twelve-month period, she may not yet qualify.

XIII. Can Contractual, Project-Based, Seasonal, or Fixed-Term Employees Claim the Benefit?

They may claim the benefit if an employer-employee relationship exists and the legal requirements are met.

The label of employment is not always controlling. What matters is whether the worker is an employee under Philippine labor standards and whether she satisfies the service and medical requirements.

For project-based, seasonal, fixed-term, or contractual employees, the most important issue is usually whether they have completed the required six months of continuous aggregate service within the last twelve months.

XIV. Can Part-Time Employees Claim the Benefit?

A part-time woman employee may claim the benefit if she is an employee and satisfies the required employment service and medical conditions.

The benefit is not limited only to full-time employees. However, the computation of pay may depend on her regular compensation arrangement, hours of work, and applicable payroll rules.

XV. Can Managerial Employees Claim Magna Carta Leave?

Yes, managerial employees may be covered if they are women employees who satisfy the requirements. The benefit is a statutory protection and is not limited only to rank-and-file workers.

XVI. Can Domestic Workers Claim Magna Carta Leave?

Domestic workers have their own governing law under the Batas Kasambahay. Whether Magna Carta leave applies in a particular domestic work situation may require careful analysis of the employment relationship, applicable statutory coverage, and implementing regulations.

As a practical matter, employers of domestic workers should treat women’s health-related leave requests seriously and comply with applicable labor and social legislation.

XVII. Can an Employee Claim Magna Carta Leave Without Surgery?

Generally, no.

The law specifically connects the benefit to surgery caused by gynecological disorders. If the employee suffers from a gynecological disorder but is treated only through medication, observation, therapy, or non-surgical management, the special leave benefit may not apply.

The employee may instead use sick leave, service incentive leave, company leave benefits, or other applicable benefits.

XVIII. Can an Employee Claim the Leave Before Surgery?

The benefit is usually associated with recovery following surgery. However, the employee may need to notify the employer before the surgery and file the request in advance when the surgery is scheduled.

In planned procedures, the employee should submit medical documents before the surgery whenever practicable. In emergency surgery, notice and documentation may be submitted afterward within a reasonable period.

The employer should not deny a legitimate emergency claim merely because prior notice was impossible.

XIX. Required Documentation

The employee should submit documents sufficient to prove:

She is a woman employee;
She has met the required service period;
She underwent or will undergo surgery;
The surgery is caused by a gynecological disorder;
The medically recommended recovery period.

Common documents include:

Medical certificate from the attending physician;
Diagnosis or clinical abstract;
Surgery schedule;
Hospital admission or discharge summary;
Operative record, if reasonably required;
Fit-to-work certificate after recovery.

Employers should balance verification with respect for the employee’s privacy and dignity.

XX. Employee’s Procedure for Claiming the Benefit

A typical claim process involves:

The employee informs the employer or HR of the need for gynecological surgery.
The employee submits a medical certificate or supporting documents.
HR verifies the service requirement.
HR determines whether the surgery is covered.
The employer approves the leave period based on medical recommendation, up to two months.
The employee receives full pay during the approved period.
The employee submits a fit-to-work clearance upon return, if required.

Company policy may specify forms and timelines, but the policy should not impose requirements inconsistent with the law.

XXI. Employer’s Duties

An employer must:

Recognize the statutory right when the requirements are met;
Process the claim in good faith;
Maintain confidentiality of medical records;
Pay the employee during the approved leave period;
Avoid retaliation, discrimination, or dismissal because of the leave;
Avoid requiring the employee to use ordinary leave credits first if this would reduce the statutory benefit;
Preserve the employee’s employment rights during the leave period.

XXII. Can the Employer Deny the Claim?

An employer may deny a claim only for valid reasons, such as:

The employee is not covered;
The employee has not met the six-month service requirement;
There is no surgery;
The surgery is not caused by a gynecological disorder;
The employee fails to submit reasonable medical proof;
The claimed period exceeds the medically necessary recovery period or the statutory maximum.

The employer should not deny the claim based merely on inconvenience, staffing difficulty, gender bias, cost, or a company policy that gives less than the statutory benefit.

XXIII. Can the Employer Require a Second Medical Opinion?

An employer may require reasonable verification if the documentation is unclear, incomplete, or questionable. However, any requirement for additional medical proof must be reasonable, not oppressive, and not designed to delay or defeat the claim.

Medical privacy must be respected. The employer should not demand unnecessary intimate details when a physician’s certification is sufficient to establish that the surgery is due to a gynecological disorder.

XXIV. Confidentiality and Privacy

Because Magna Carta leave involves sensitive medical and reproductive health information, employers must handle records with confidentiality.

Access should be limited to personnel who need the information for leave administration, payroll, or compliance.

Improper disclosure of the employee’s condition may expose the employer or responsible personnel to legal consequences under privacy, labor, and anti-discrimination principles.

XXV. Relationship With Maternity Leave

Magna Carta leave is different from maternity leave.

Maternity leave applies to pregnancy, childbirth, miscarriage, or emergency termination of pregnancy under the Expanded Maternity Leave Law.

Magna Carta leave applies to surgery caused by gynecological disorders.

A woman employee should not be forced to use one benefit in place of another if the facts support a distinct statutory leave.

For example, surgery for a gynecological disorder is not automatically maternity leave. Conversely, childbirth-related recovery is not automatically Magna Carta leave.

XXVI. Relationship With SSS Sickness Benefit

For private sector employees, the Social Security System sickness benefit may be relevant if the employee is unable to work due to sickness or injury and satisfies SSS requirements.

However, the SSS sickness benefit and Magna Carta leave are conceptually different.

Magna Carta leave is an employer-paid statutory leave benefit. SSS sickness benefit is a social security benefit subject to SSS rules.

The availability of SSS sickness benefit should not be used to deny Magna Carta leave when the latter applies.

XXVII. Relationship With Service Incentive Leave

Service incentive leave is the minimum statutory leave under the Labor Code for qualified employees who do not receive equivalent or better leave benefits.

Magna Carta leave is separate. An employee who qualifies for Magna Carta leave should not be required to consume service incentive leave first if that would reduce her special statutory protection.

XXVIII. Relationship With Company Benefits and CBA Benefits

Company policy, employment contracts, or collective bargaining agreements may grant benefits more generous than the law.

Examples of more favorable benefits include:

Longer paid leave for gynecological surgery;
Full pay beyond two months;
Additional medical assistance;
Hospitalization benefits;
Separate recovery leave;
Flexible work arrangement after return.

The employer must comply with whichever is more favorable to the employee, provided there is no double recovery contrary to law or valid policy.

XXIX. Computation of Pay

The employee is entitled to full pay for the approved leave period.

For monthly-paid employees, this usually means continued payment of the regular monthly salary during the covered period.

For daily-paid, part-time, piece-rate, or variable-pay employees, the computation should reflect the employee’s regular compensation structure and applicable labor standards.

Premiums, allowances, commissions, or other wage components may require separate analysis depending on whether they form part of regular pay under company policy, contract, or law.

XXX. Is Prior Notice Required?

For scheduled surgery, prior notice is expected as a matter of reasonable workplace administration.

For emergency surgery, prior notice may not be possible. In that case, the employee or her representative should notify the employer as soon as reasonably practicable and submit documents afterward.

An employer should not impose an unrealistic notice requirement that would defeat a legitimate emergency claim.

XXXI. Can the Employee Be Terminated While on Magna Carta Leave?

The employee cannot be lawfully dismissed merely because she claimed or used Magna Carta leave.

Termination because of the leave, the gynecological condition, or the exercise of a statutory right may constitute illegal dismissal, discrimination, or retaliation.

However, Magna Carta leave does not give absolute immunity from termination for lawful and unrelated causes. If there is a valid authorized or just cause, and due process is observed, employment action may still be possible. The employer must prove that the reason is legitimate and not a pretext for discrimination or retaliation.

XXXII. Can the Employer Refuse the Employee’s Return to Work?

The employer should allow the employee to return once she is medically fit to work.

A fit-to-work certificate may be required when reasonable, especially after major surgery.

The employer should not demote, penalize, isolate, or reduce the employee’s pay because she used Magna Carta leave.

XXXIII. What If the Employee Needs More Than Two Months to Recover?

The statutory Magna Carta leave benefit is limited to up to two months with full pay.

If the employee needs more time, the excess period may be covered by:

Sick leave;
Vacation leave;
Service incentive leave;
Leave without pay;
SSS sickness benefit, if applicable;
Company medical leave;
Reasonable accommodation or flexible work arrangement, depending on circumstances.

The employer and employee should coordinate based on medical advice and applicable workplace policy.

XXXIV. What If the Surgery Is Cosmetic?

Cosmetic surgery generally does not qualify unless it is medically necessary and caused by a gynecological disorder.

The key question is whether the procedure is therapeutic or medically required because of a gynecological condition.

Purely elective cosmetic procedures are unlikely to be covered.

XXXV. What If the Surgery Is Related to Cancer?

If the surgery is caused by a gynecological disorder, including gynecological cancer or suspected malignancy affecting reproductive organs, the benefit may apply, subject to the other requirements.

Examples may include surgery related to cervical, ovarian, uterine, endometrial, vulvar, or vaginal cancer.

Other benefits may also apply depending on the employee’s condition, company policy, SSS coverage, health insurance, disability benefits, or other laws.

XXXVI. What If the Surgery Is Minor?

The law does not say that only major surgery qualifies. A minor surgery may qualify if it is surgery caused by a gynecological disorder and the employee satisfies the other requirements.

However, the leave period should correspond to the medically necessary recovery time. A minor procedure may justify a shorter leave period than a major operation.

XXXVII. What If the Surgery Is Outpatient?

An outpatient procedure may still qualify if it is legally and medically considered surgery and is caused by a gynecological disorder.

The fact that the employee is not confined overnight is not necessarily controlling.

The decisive factors are the nature of the procedure, the diagnosis, and the physician’s certification.

XXXVIII. What If the Employee Has Not Yet Completed Six Months of Service?

If the employee has not rendered the required six months of continuous aggregate employment service within the last twelve months, she may not be entitled to Magna Carta leave.

She may still be entitled to other available benefits, such as sick leave, service incentive leave if qualified, company leave, SSS sickness benefit, or unpaid medical leave.

XXXIX. What If the Employer Has No Magna Carta Leave Policy?

The absence of a company policy does not remove the statutory right.

An employer cannot avoid liability by saying that the employee handbook does not mention Magna Carta leave. The benefit arises from law.

A company policy may regulate the filing procedure, but it cannot eliminate or reduce the statutory entitlement.

XL. What If the Employer Says the Employee Must Use Sick Leave First?

That position is generally inconsistent with the nature of Magna Carta leave as a special statutory benefit if it results in reducing or denying the employee’s entitlement.

The employer may coordinate benefits to prevent duplication, but it should not force the employee to consume ordinary sick leave before recognizing the special leave.

XLI. What If the Employer Says the Leave Is Discretionary?

Magna Carta leave is not merely discretionary once the employee satisfies the legal requirements.

The employer may verify the claim, but it cannot arbitrarily deny the benefit.

XLII. What If the Employee Is Already on Leave When Surgery Happens?

The employee may still claim Magna Carta leave if the conditions are satisfied, but the treatment of overlapping leave periods should be carefully reviewed.

For example, if the employee was already on approved vacation leave and then underwent emergency gynecological surgery, she may ask that the relevant period be treated as Magna Carta leave upon submission of medical documents.

The employer should evaluate the claim based on substance rather than technical labels.

XLIII. What If the Surgery Happens During Employment Suspension?

This situation may require closer analysis. If the employment relationship still exists but the employee is under preventive suspension or other lawful suspension, the employer must determine whether the statutory benefit applies during that period.

The answer may depend on the nature of the suspension, payroll status, timing of surgery, company rules, and applicable labor principles.

XLIV. What If the Employee Resigns Before or During the Leave?

If the employee resigns before the surgery and the employment relationship has ended, she generally cannot claim the benefit from the former employer for a post-employment surgery.

If she resigns during the approved leave period, the entitlement may be affected from the effective date of resignation. Benefits accrued before separation should be treated according to law and company policy.

XLV. What If the Employee Is Retrenched or Laid Off?

If the employee is validly separated for an authorized cause before the surgery, she generally cannot claim the benefit after employment has ended.

If the employee is already on Magna Carta leave and is then included in a retrenchment or closure program, the employer must ensure that the separation is lawful, non-discriminatory, and not a device to avoid the leave benefit.

XLVI. Remedies if the Employer Denies the Benefit

If an employer unjustly denies Magna Carta leave, the employee may consider:

Filing an internal HR complaint;
Requesting written reasons for denial;
Submitting additional medical certification;
Seeking assistance from the Department of Labor and Employment for private sector employment;
Filing a labor standards complaint, where appropriate;
Raising the issue in a labor case if connected to illegal dismissal, discrimination, retaliation, or money claims;
For government employees, pursuing remedies under Civil Service rules.

The proper remedy depends on the facts, the employment sector, and the nature of the employer’s refusal.

XLVII. Common Employer Mistakes

Employers commonly make mistakes such as:

Treating Magna Carta leave as ordinary sick leave;
Requiring exhaustion of sick leave credits first;
Denying claims because the handbook is silent;
Assuming outpatient procedures are automatically excluded;
Assuming minor surgeries are automatically excluded;
Asking for excessive medical details;
Disclosing the employee’s condition to unauthorized personnel;
Denying the benefit due to staffing inconvenience;
Penalizing the employee after she returns;
Treating the benefit as discretionary.

These practices may expose the employer to labor standards, discrimination, privacy, or illegal dismissal claims.

XLVIII. Common Employee Mistakes

Employees also commonly make mistakes such as:

Failing to submit medical certification;
Assuming every gynecological illness qualifies even without surgery;
Assuming the full two months automatically applies;
Filing the claim late without explanation;
Refusing reasonable documentation;
Confusing Magna Carta leave with maternity leave;
Assuming the benefit applies even without meeting the six-month service requirement.

A well-supported claim should clearly establish the surgery, diagnosis, recovery period, and service qualification.

XLIX. Practical Examples

Example 1: Covered

A woman employee has worked for her employer for two years. She undergoes a myomectomy due to uterine fibroids. Her doctor certifies that she needs six weeks of recovery.

She may claim Magna Carta leave with full pay for the medically recommended six-week period, subject to the two-month maximum.

Example 2: Not Covered Because There Is No Surgery

A woman employee is diagnosed with polycystic ovary syndrome and is prescribed medication and lifestyle management. No surgery is performed.

Magna Carta leave generally does not apply, although sick leave or other benefits may be available.

Example 3: Covered Even if Outpatient, Depending on Certification

A woman employee undergoes an outpatient gynecological surgical procedure and her physician certifies that it is surgery for a gynecological disorder requiring one week of recovery.

The employer should evaluate the claim based on the medical certification and should not deny it solely because there was no overnight hospital confinement.

Example 4: Not Yet Qualified Due to Service Requirement

A woman employee has worked for only three months when she undergoes surgery for an ovarian cyst.

She may not qualify for Magna Carta leave because she has not met the six-month service requirement, but she may use other available benefits.

Example 5: Full Two Months Not Automatic

A woman employee undergoes a minor gynecological surgery and her doctor certifies that she needs ten days of rest.

She may be entitled to the medically necessary ten days, not automatically the full two months.

L. Burden of Proof

The employee must present sufficient proof that she qualifies for the leave.

The employer, on the other hand, should be able to justify any denial based on legitimate grounds.

In a dispute, relevant evidence may include:

Employment records;
Payroll records;
Leave applications;
Medical certificates;
Hospital records;
Physician’s certification;
Company policy;
Correspondence between employee and HR;
Written denial or approval.

LI. Best Practices for Employees

A woman employee claiming Magna Carta leave should:

Notify HR as early as practicable;
Submit a medical certificate clearly stating the diagnosis, surgery, and recovery period;
Keep copies of all documents;
Ask for written confirmation of approval or denial;
Clarify whether the leave is being treated as Magna Carta leave, not ordinary sick leave;
Submit a fit-to-work certificate upon return if required;
Avoid unnecessary disclosure of sensitive details beyond what is needed to prove entitlement.

LII. Best Practices for Employers

Employers should:

Include Magna Carta leave in the employee handbook;
Train HR and managers on the benefit;
Create a standard claim form;
Require reasonable medical certification;
Protect medical confidentiality;
Avoid gender-based assumptions;
Coordinate the benefit with payroll properly;
Document approval or denial;
Ensure that company policy is not less favorable than law;
Avoid retaliation or adverse treatment.

LIII. Suggested HR Policy Language

A compliant company policy may provide:

“Qualified women employees who have rendered at least six months of continuous aggregate employment service within the last twelve months shall be entitled to a special leave benefit of up to two months with full pay following surgery caused by gynecological disorders, subject to submission of reasonable medical certification and supporting documents. This benefit shall be separate from ordinary sick leave and other statutory leave benefits, and shall be administered in accordance with applicable law.”

LIV. Key Legal Principles

The following principles summarize the rule:

Magna Carta leave is a statutory benefit.
It applies to qualified women employees.
The employee must have at least six months of continuous aggregate service within the last twelve months.
The leave must be connected to surgery.
The surgery must be caused by a gynecological disorder.
The benefit is up to two months.
The leave is with full pay.
The leave is separate from ordinary sick leave.
The employer may require reasonable medical proof.
The employer may not retaliate against the employee for claiming the benefit.

LV. Conclusion

An employee may claim Magna Carta leave benefits in the Philippines when she is a qualified woman employee who has rendered at least six months of continuous aggregate employment service within the last twelve months and undergoes surgery caused by a gynecological disorder.

The benefit is a special statutory leave of up to two months with full pay. It is not a mere company privilege, not ordinary sick leave, and not automatically interchangeable with maternity leave or vacation leave.

The purpose of the benefit is protective and remedial: to ensure that women workers do not suffer loss of income or employment disadvantage because they need surgical treatment for gynecological health conditions. Employers must administer the benefit in good faith, with sensitivity to medical privacy, and in a manner consistent with the Magna Carta of Women.