2013 (Labor Law) Bar Exam Questions: Question 6

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VI

Because of the stress in caring for her four (4) growing children, Tammy suffered a miscarriage late in her pregnancy and had to undergo an operation. In the course of the operation, her obstetrician further discovered a suspicious-looking mass that required the subsequent removal of her uterus (hysterectomy). After surgery, her physician advised Tammy to be on full bed rest for six (6) weeks. Meanwhile, the biopsy of the sample tissue taken from the mass in Tammy’s uterus showed a beginning malignancy that required an immediate series of chemotherapy once a week for four (4) weeks.

(A) What benefits can Tammy claim under existing social legislation? (4%)

(B) What can Roger – Tammy’s 2nd husband and the father of her two (2) younger children – claim as benefits under the circumstances? (4%)

9 comments

  1. A) Special leave for women, RA9710 Any female ee regardless of age and civil status sufffering from gynecological disorder…

    B) Paternity leave benefits

  2. Yup tama ito, but i did not just answer what benefits kasi parang bitin, i included qualifications in order to avail and the period covered or allowed by the particular law.

    1. 2nd husband has only 2 children with her aside that from the miscarriage, since paternity leave ito, the number of his children with his legitimate spouse should be the basis and not included yung dati ng mga anak ng misis nya from her previous marriage, di ko na maalala notes ko pero parang ganito yun. Parang unfair naman kunyari nakapangasawa na ako na may apat na anak dati tapos nabuntis eh hindi nako makaka avail ng paternity leave. My opinion lang po

  3. as to A.answer ko ay ganito. she can still avail the maternity leave even though more than four na anak nya but this time without pay. also she can avail under the Magnacarta for women. and also for rehabilitation.

  4. The more the merrier ako dito. Aside sa special leave benefits for gynecological disorder, nilagyan ko rin ng sick leave if available at mag-avail din ng support from PCSO at PhilHealth (social legislation din yan!) hahaha. Paternity leave sa husband, same reason as Anon na hindi pa siya sobra sa anak dun sa wife nya ngayon.

    1. Haha natawa ako dun sa the more, the merrier. Why not nga naman since labor code interpretation as a general rule is in favor of the laborer/ worker so ibigay mo na lahat ng pwede, nice one astra.

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