June 30, 2005
another letter (but not open this time)
For all single parents out there who are below the poverty line set by neda (ano na nga ba yung sinet nila?) you are entitled to (a) a comprehensive package of welfare benefits which include educational and health assistance from the government, and (b) a 7-day leave benefit and (c) flexi work schedule from your employer. If you're above neda's poverty line, then you are entitled to only (b) and (c).
So why do I, a lesbian non-parent, know this? A single parent colleague in my unit asked me to study her law and write her request letter to the office boss. I enjoyed doing this letter (Bakit nga ba parang mas enjoy gawin ang hindi inuutos sa 'yo?) . By the way, Len, alam mo bang nakarating hanggang the netherlands yung open letter? mwahaha...
Ok, basa...
This is to avail of the parental leave benefit, which solo parents like myself are entitled to under Republic Act 8972 otherwise known as the Solo Parents Welfare Act of 2000.
I understand that per a prior explanation that the Personnel Section has given me when I verbally inquired about it on separate occasions last February and March this year, the Commission is purportedly of the opinion that the seven (7)-day leave benefit for solo parents is already included in the ten (10)-day special privilege leave (SPL) being given to all the staff. The Personnel also said that it is yet to study the said law.
In line with this, I would like to respectfully provide my view on the matter, not only as a staff but one who is a single parent herself and is directly affected with how this law is being construed and implemented in the office.
First, the Solo Parents Welfare Act provides that “(i)n addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year”. (Sec 8, RA 8972). I believe that with the phrase "in addition to leave privileges under existing laws", the Act contemplates that the parental leave benefits for solo parents shall be separate from any other leave benefits that employees enjoy.
Second, the Solo Parents Welfare Act was enacted “to help solo parents cope with the effects of solo parenting”. (Comprehensive Package for Solo Parents and Their Children: A Primer). Thus, our Personnel’s opinion that the parental leave benefits for single parents are already subsumed in the SPL benefits cannot be considered correct because it (a) is being enjoyed by all staff regardless of their family status, and as such, (b) defeats the purpose of affirmative action intended for solo parents.
Third, Memorandum Circular (MC No.08, Series of 2004) issued by the Civil Service Commission or the “Guidelines on the Grant of Parental Leave to Solo Parents”, provides that “(i)f there is an existing or similar leave benefits under an agency/office policy or the Collective Negotiation Agreement (CNA), the same shall be credited as such” [VI (1)]. As I have mentioned in my second argument, there is no way that the 10-day SPL is the existing or similar policy being referred to in the CSC guidelines. In fact, it was nowhere in the discussions during the process of formulating and approving the CNA that the 7-day parental leave will be included in the 10-day SPL.
Finally, if the opinion of the Personnel would prevail, then the Commission is putting the implementation of RA 8972 in utmost absurdity. It is because if the 7-day parental leave is
part of the 10-day SPL, then that should mean that non-solo parents staff could only get three (3) days of the 10-day SPL. I believe this is not the one in mind neither by the Employees Association nor by the Management when the CNA was approved, the objective of the SPL provision being the increase of the leave benefits of all the staff in accordance with law.
May I therefore explain the reasons why I need to avail of the 7-day parental leave benefit and fulfill all the conditions set by the Solo Parents Welfare Act.
(1) I exercise single parenthood over my five-year old daughter because her father just
disappeared from our lives five (5) years ago (“abandoned” is how the law called my status).
(2) I have rendered service to the Commission for a total of fifteen (15) years.
(3) Subject to the office policy on staggered or continuous availment of leave benefits, I will be using the 7-day leave benefit to help me perform my parental obligations such as assisting my daughter’s schooling, among others.
(4) I was issued an identification card (ID) by the Department Social Welfare and Development of the City of Manila to establish my identity as a solo parent.
I am grateful to the Commission for its continued efforts to uplift the welfare and well being of all of the staff. Hence, with all these reasons provided, I hope that I am not only able to assert my privilege to be free from office work, albeit for only a week, as a burdened (though not necessarily disempowered) solo parent but that I also help rectify the prevailing interpretation and application of the Solo Parents Welfare Act towards a more responsive welfare program for all.
I look forward to your positive actions on this regard.
Nag-enjoy talaga ako, pramis. Ang haba e...
So why do I, a lesbian non-parent, know this? A single parent colleague in my unit asked me to study her law and write her request letter to the office boss. I enjoyed doing this letter (Bakit nga ba parang mas enjoy gawin ang hindi inuutos sa 'yo?) . By the way, Len, alam mo bang nakarating hanggang the netherlands yung open letter? mwahaha...
Ok, basa...
This is to avail of the parental leave benefit, which solo parents like myself are entitled to under Republic Act 8972 otherwise known as the Solo Parents Welfare Act of 2000.
I understand that per a prior explanation that the Personnel Section has given me when I verbally inquired about it on separate occasions last February and March this year, the Commission is purportedly of the opinion that the seven (7)-day leave benefit for solo parents is already included in the ten (10)-day special privilege leave (SPL) being given to all the staff. The Personnel also said that it is yet to study the said law.
In line with this, I would like to respectfully provide my view on the matter, not only as a staff but one who is a single parent herself and is directly affected with how this law is being construed and implemented in the office.
First, the Solo Parents Welfare Act provides that “(i)n addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year”. (Sec 8, RA 8972). I believe that with the phrase "in addition to leave privileges under existing laws", the Act contemplates that the parental leave benefits for solo parents shall be separate from any other leave benefits that employees enjoy.
Second, the Solo Parents Welfare Act was enacted “to help solo parents cope with the effects of solo parenting”. (Comprehensive Package for Solo Parents and Their Children: A Primer). Thus, our Personnel’s opinion that the parental leave benefits for single parents are already subsumed in the SPL benefits cannot be considered correct because it (a) is being enjoyed by all staff regardless of their family status, and as such, (b) defeats the purpose of affirmative action intended for solo parents.
Third, Memorandum Circular (MC No.08, Series of 2004) issued by the Civil Service Commission or the “Guidelines on the Grant of Parental Leave to Solo Parents”, provides that “(i)f there is an existing or similar leave benefits under an agency/office policy or the Collective Negotiation Agreement (CNA), the same shall be credited as such” [VI (1)]. As I have mentioned in my second argument, there is no way that the 10-day SPL is the existing or similar policy being referred to in the CSC guidelines. In fact, it was nowhere in the discussions during the process of formulating and approving the CNA that the 7-day parental leave will be included in the 10-day SPL.
Finally, if the opinion of the Personnel would prevail, then the Commission is putting the implementation of RA 8972 in utmost absurdity. It is because if the 7-day parental leave is
part of the 10-day SPL, then that should mean that non-solo parents staff could only get three (3) days of the 10-day SPL. I believe this is not the one in mind neither by the Employees Association nor by the Management when the CNA was approved, the objective of the SPL provision being the increase of the leave benefits of all the staff in accordance with law.
May I therefore explain the reasons why I need to avail of the 7-day parental leave benefit and fulfill all the conditions set by the Solo Parents Welfare Act.
(1) I exercise single parenthood over my five-year old daughter because her father just
disappeared from our lives five (5) years ago (“abandoned” is how the law called my status).
(2) I have rendered service to the Commission for a total of fifteen (15) years.
(3) Subject to the office policy on staggered or continuous availment of leave benefits, I will be using the 7-day leave benefit to help me perform my parental obligations such as assisting my daughter’s schooling, among others.
(4) I was issued an identification card (ID) by the Department Social Welfare and Development of the City of Manila to establish my identity as a solo parent.
I am grateful to the Commission for its continued efforts to uplift the welfare and well being of all of the staff. Hence, with all these reasons provided, I hope that I am not only able to assert my privilege to be free from office work, albeit for only a week, as a burdened (though not necessarily disempowered) solo parent but that I also help rectify the prevailing interpretation and application of the Solo Parents Welfare Act towards a more responsive welfare program for all.
I look forward to your positive actions on this regard.
Nag-enjoy talaga ako, pramis. Ang haba e...
eyed at 5:16 PM
5 Comments
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at 10:25 AM
len said... dapat pala may kasamang group picture yung open letter para mas maganda ang pasahan hehe. at ang galing mong gumawa ng sulat, for a while nakalimutan ko na ang ikaw ang nagsulat, kala ko yung friend mo.
sayang output oriented na kami kaya di na applicable 7-day leave. at ganun pala yun, kailangan pala ng ID na solo parent?-
at 12:03 PM
click & crash said...
at kung later on ay makapag-asawa na ang single parent, kanino isasauli ung ID? hehehe
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at 2:21 PM
len said...
eh eyed, may tax exemption din ba ang solo parent?
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at 2:29 PM
ikabod said...
so kapag nagpost ng laman ng sulat na walang 'dear blah' at 'yours truly blah' eh hindi na open letter yon?
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at 9:10 PM
said... eh atty eyed, pag nagkabulilyaso din ako dito penge rin ng advise ha--FREE, hehehe!
alam ko na tawag sa law office mo balang araw--Pato Law Office (ngekk corny)
ipagpatuloy yan dapat lahat me pakinabang...