86 Rights and Empowerment programs and actions that address the disadvantaged position of women in society by providing preferential treatment and affirmative action. It entails fairness and justice in the distribution of benefits and responsibilities between women and men, and often requires women-specific projects and programs to end existing inequalities. This concept recognizes that while reproductive health involves women and men, it is more critical for women’s health.116 Right to Special Leave Benefits for Gynecological related Surgeries (sec. 18) A woman employee having rendered continuous aggregate employment service of at least six (6)months for the last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.117 In order to implement this provision, the IRR further provides that in the event that an extended leave is necessary, the female employee may use her earned leave credits and that this special leave shall be non-cumulative and nonconvertible.118 The IRR also mandates the DOLE and the CSC to issue corresponding guidelines and appropriate memorandum circulars within sixty (60) days from the adoption of the IRR.119 Pursuant to the foregoing, the CSC Issued Resolution 1000432 on 22 November 2010 “ Guidelines on the Availment of Special Leave Benefits for Women under RA 9710.” The resolution provides further guidelines on the availment of special leave benefits for qualified female public sector employees and to ensure uniform interpretation and implementation of the grant of the special leave benefits. Under said guidelines, “any female public sector employee, regardless of age and civil status, shall be entitled to a special leave of a maximum of two 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.” The CSC Guideline also provided an attached List of Surgical Operations for Gynecological Disorder120, other disorders not found in the list may be allowed subject of certification of a competent medical authority and submission of other requirements. The procedure for the availment of the special leave is set forth in the CSC Guidelines. DOLE issued its “Guidelines for the Implementation of the Special Leave Benefits for Women Employees in the Private Sector” as Department Order 112-11 on 11 March 2011. The Guidelines provide that any female employee, regardless of age and civil status, shall be entitled to special leave of two (2) months with full pay from her employer based on her gross monthly compensation following surgery provided that (a) she has rendered at least six (6) months continuous aggregate employment service for the last twelve (12) month prior to the surgery; (b) she has applied for an application therefore; (c) she has undergone gynecological surgery as certified by competent physician. A related law is the “Expanded Breastfeeding Promotion Act of 2009” (RA 10028), in which the State declares as policy the protection of working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.121 118Sec. 21(A)(2)-(3), Rule IV, IRR of the Magna Carta of Women. 120 Annex A, CSC Resolution 1000432. The List of Surgical Operations for Gynecological Disorders formulated by a Technical Working Committee composed of Obstetrician-Gynecologists. Surgeons, and Medical Doctors from the University of the Philippines-Philippine General Hospital (UP-PGH), the Department of Health’s (DOH) Quirino Memorial Medical Center, the Philippine Health Insurance Corporation (PhilHealth) with the suppoft of the Philippine Obstetrical and Gynecological Society, Inc (POGS) and the Philippine College of Surgeons (PCS) and the DOH’s Dr. Jose Fabella Memorial Hospital. The said List reflects the type of surgical procedure for the gynecotogical disorder; The disease being addressed by the said surgical procedure; as wel/ as the classification or type of procedure to be undertaken/undertaken based on the patient’s estimated period of recuperation (if without concomitant medical problems) as agreed upon in fhe discusslon and inputs of the members of the aforecited Technical Working Committee. 119Sec. 21(B), id. 121 Sec. 2, RA 10028. 116Sec. 4(h), id. 117Sec. 18, Magna Carta of Women. CHR Gender Ombud Guidelines