CSC MEMORANDUM CIRCULAR NO. 41 S. 1998, December 24, 1998
AMENDMENTS TO RULES I AND XVI OF THE OMNIBUS RULES IMPLEMENTING BOOK V OF THE ADMINISTRATIVE CODE OF 1987 (EXECUTIVE ORDER 292)
the amendments to Rule XVI (LEAVE) and the definitions of leave terms under
Rule I of the Omnibus Civil Service Rules Implementing Book V of the
Administrative Code ocf 1987 (Executive Order 292).
In view thereof, all existing Civil Service rules and
regulations, Circulars and Memoranda inconsistent with these Rules are hereby
repealed or amended accordingly.
Adopted: 24 Dec.
1998
(SGD.) CORAZON ALMA G. DE LEON
Chairman
Re: Amendments to the Omnibus Leave Rules
x………………………………………x
RESOLUTION NO: 983142
Whereas, the Civil Service Commission as the central personnel
agency of government embraces all branches, subdivision, instrumentalities, and
agencies of the Government, including government-owned and controlled
corporations with original charters;
WHEREAS, it is empowered by the Constitution to prescribe, amend
and enforce rules and regulations for carrying into effect the provisions of
the Civil Service Law and pertinent Laws;
WHEREAS, the Omnibus Rules Implementing Book V of the
Administrative Code of 1987, otherwise known as Executive Order 292, was
published on January 15, 1992
in the Philippine Star and same took effect thirty (30) days thereafter;
WHEREAS, since 1992, there have been developments in the area of
leave such as the enactment of the Paternity LEAVE Act, issuance of CSC
Memorandum Circulars Nos. 6 an 20, s. 1996 on special leave privileges (SLPs), and the issuance of various CSC Resolutions which
clarify grey areas that cause misinterpretation of the existing leave
provisions;
WHEREAS, there is a need to update provisions on leave, the same
are not defined in Rule I (Coverage and Definition of Terms) of the Omnibus
Rules;
WHEREAS, Human Resources Management Officers (HRMOs),
representing certain occupation groups, such as teachers, faculty members, have
been consulted in refining said leave amendments;
WHEREAS, it cannot be overemphasized the practicality of putting
together in one single document all the issuances and/or amendments about leave
for the guidance of government officials and employees;
NOW THEREFORE, the Commission in the exercise of this rule-making
and policy formulation functions, RESOLVED as it hereby resolves to adopt the
provisions of Rule XVI of the Omnibus Civil Service Rules (Omnibus Rules
Leave). Likewise, definitions of terms used in leave shall be part of Rule I of
said Omnibus Rules.
Quezon City,
December 14, 1998.
Chairman
|
(SGD.) |
(SGD.) |
|
Commissioner |
Commissioner |
DIRECTOR III
RULE I
(p.) The following terms used in
Rule XVI shall be construed as follows:
- Leave
of absence is generally defined as a right granted to officials and
employees not to report for work with or without pay as may be provided by law
and as the rules prescribe in Rule XVI hereof.
- Commutation
of leave credits refers to conversion of unused leave credits to their
corresponding money value.
- Cumulation of leave credits refers
to incremental acquisition of unused leave credits by an official or employee. - Immediate
family refers to the spouse, children, parents, unmarried brothers and
sisters and any relative living under the same roof and dependent upon the employee
for support. - Sick
leave refers to leave of absence granted only on account of sickness or
disability on the part of the employee concerned or any member of his immediate
family. - Vacation
leave refers to leave of absence granted to officials and employees for
personal reasons, the approval of which is contingent upon the necessities of
the service. - Monetization
refers to payment in advance under prescribed limits and subject to specified
terms and conditions of the money value of leave credits of an employee upon
his request without actually going on leave. - Pregnancy
refers to the period between conception and delivery or birth of a child. For
purposes of maternity leave, miscarriage is within the period of pregnancy. - Maternity
leave refers to leave of absence granted to female government employees legally
entitled thereto in addition to vacation and sick leave. The primary
intent or purpose of granting maternity leave is to extend working mothers some
measures of financial help and to provide her a period of rest and recuperation
in connection with her pregnancy. - Paternity leave refers
to the privilege granted to a married male employee allowing him not to report
for work for seven (7) days while continuing to earn the compensation therefor, on the condition that his legitimate spouse has
delivered a child or suffered a miscarriage, for purposes of enabling him to
effectively lend care and support to his wife before, during and after childbirth
as the case may be and assist in caring for his new-born child. - Vacation Service
Credits refers to the leave credits earned by public school teachers
for services rendered during activities authorized by proper authorities during
long and Christmas vacation. These credits are used to offset their
absences due to illness or to offset proportional deduction in vacation salary
due to absences for personal reasons or late appointment. - Terminal leave refers
to money value of the total accumulated leave credits of an employee based on
the highest salary rate received prior to or upon retirement date/voluntary
separation. - Special leave
privileges refers to leave of absence which officials and employees may
avail of for a maximum of three (3) days annually over and above the vacation,
sick, maternity and paternity leaves to mark personal milestones and/or attend
to filial and domestic responsibilities. - Relocation leave
refers to a special leave privilege granted to an official/employee whenever
he/she transfers residence.
Leave Of Absence
SECTION 1.
Entitlement to leave privileges. — In general,
appointive officials and employees of the government whether permanent,
temporary, or casual, who render work during the prescribed office hours, shall
be entitled to 15 days vacation and 15 days sick leave annually with full pay
exclusive of Saturdays, Sundays, Public Holidays, without limitation as to the
number of days of vacation and sick leave that they may accumulate.
SECTION 2. Leave of absence of part-time employees. —
Employees rendering services on part-time basis are entitled to vacation and
sick leave benefits proportionate to the number of work hours rendered. A
part-time employee who renders four (4) hours of work five (5) days a week or a
total of 20 hours a week is entitled to 7.5 days vacation leave and 7.5 days
sick leave annually with full pay.
SECTION 3. Leave of absence of employees on rotation basis. — Employees on rotation basis shall be entitled to
vacation and sick leave corresponding to the periods of service rendered by
them. If an employee has been allowed to work in two or more shifts or
rotation, the periods of actual service covered by each shift or rotation
should be added together to determine the number of years, months and days
during which leave is earned.
SECTION 4. Contractual employees are not entitled to leave credits as a matter of right.
— In view of the nature of their employment, employees hired on contractual
basis are not entitled to vacation, sick, and other special leave privileges.
To offset their non-entitlement to leave benefits, contractual employees may be
paid compensation twenty percent (20%) higher than the salaries of regular
employees occupying equivalent positions. If contractual employees are not
given the 20% premium, they should be entitled to vacation and sick leave.
SECTION 5.
Leave credits of local elective officials. — Local elective officials
started to be entitled to leave privileges effective May 12, 1983 only pursuant to Batas Pambansa 337. However, said leave was commutative but not
cumulative. This means that local elective officials who did not commute
said leave during the year earned are deemed to have forfeited the same.
However, starting January
1, 1992, local elective officials shall be entitled to leave
privileges as those enjoyed by appointive local officials, including
accumulation and commutation thereof.
SECTION 6.
Teachers leave. — Teachers shall not be entitled to the usual vacation and
sick leave credits but to proportional vacation pay (PVP) of 70 days of summer
vacation plus 14 days of Christmas vacation. A teacher who has rendered
continuous service in a school year without incurring absences without pay of not more than 1½ days is entitled to 84 days
of proportional vacation pay.
Other leave benefits of teachers such as study leave and
indefinite sick leave are covered by Section 24 and 25 of RA 4670 (Magna Carta for Public School Teachers).
SECTION 7. Other employees under teacher’s leave basis. — Day
Care Workers and all other appointive employees whose work schedule is the same
as that of teachers, earn leave credits in accordance with Sections 6 and 9
hereof.
SECTION 8. Teachers who are designated to perform non-teaching
functions. — Teachers who are designated to perform non-teaching
functions and who render the same hours of service as other employees shall be
entitled to vacation and sick leave.
SECTION 9. Vacation service credits of teachers. — Teachers’ vacation service credits
refer to the leave credits earned for services rendered on activities, during
summer or Christmas vacation, as authorized by proper authority. These vacation
service credits are used to offset absences of a teacher due to illness or to
offset proportional deduction in vacation salary due to absences for personal
reasons or late appointment. The manner by which service credits may be earned
by teachers is subject to the guidelines issued by the Department of Education,
Culture and Sports (DECS).
SECTION 10. Leave credits of officials and employees covered by special leave law. —
The leave credits of the following officials and employees are covered by special
laws:
(a) Justices of the Supreme Court, Court of Appeals and Sandiganbayan;
(b) Judges of Regional Trial Courts, Municipal Trial Courts, Metropolitan Trial
Courts, Court of Tax Appeals and Shari’a Circuit
Court; and Shari’a District Court.
(c) Heads of the Executive Departments, Heads of Departments, Undersecretaries;
(d) Chairmen and Commissioners of Constitutional Commissions;
(e) Filipino officers and employees in the Foreign Service;
(f) Faculty members of state universities and colleges including those teaching in
universities and colleges created pursuant to ordinance of the LGUS; and
(g) Other officials and employees covered by special laws.
Hence, Justices and other government officials and employees covered
by special laws should promulgate their own implementing rules relative
thereto. Said implementing rules should be submitted to the Civil Service
Commission for record purposes.
SECTION 11. Conditions for the grant of maternity leave. — Married women in the
government service who have rendered an aggregate of two (2) or more years of
service, shall, in addition to the vacation and sick leave granted them, be
entitled to maternity leave of sixty (60) calendar days with full pay.
Maternity leave of those who have rendered one (1) year or more
but less than two (2) years of service shall be computed in proportion to their
length of service, provided, that those who have served for less than one (1)
year shall be entitled to 60-days maternity leave with half pay.
It is understood that enjoyment of maternity leave cannot be
deferred but should be enjoyed within the actual period of delivery in a
continuous and uninterrupted manner not exceeding 60 calendar days.
SECTION 12. Formula for the computation of maternity leave. —
Employees who have rendered less than two (2) years of service may only receive
full pay for a number of days based on the ratio of 60 days to 2 years of
service.
|
Where: y
|
=
|
the no. of days in the service
|
|
x
|
=
|
the no. of days to be paid
|
|
2 years
|
=
|
720 days
|
|
60
|
x
|
|
|
720
|
y
|
|
|
720x
|
=
|
60y
|
|
x
|
=
|
60y
|
|
720
|
||
|
x
|
=
|
y
|
|
12
|
For example, an employee has rendered one year and six months of
service:
|
Where: x
|
=
|
number of days to be paid
|
|
y
|
=
|
1 year and 6 months (540 days)
|
|
x
|
=
|
y
|
|
12
|
||
|
x
|
=
|
540
|
|
12
|
||
|
x
|
=
|
45 days
|
SECTION 13. A married woman may be granted maternity leave more than once a year. —
Maternity leave shall be granted to female married employees in every instance
of pregnancy irrespective of its frequency.
SECTION 14. Married women may go on maternity leave for less than sixty (60) days. —
When an employee wants to report back to duty before the expiration of her
maternity leave, she may be allowed to do so provided she presents a medical
certificate that she is physically fit to assume the duties of her position.
The commuted money value of the unexpired portion of the leave
need not be refunded and that when the employee returns to work before the
expiration of her maternity leave, she may receive both the benefits granted
under the maternity leave law and the salary for actual services rendered
effective the day she reports for work.
SECTION 15. Maternity leave with pay may be granted even if delivery occurs just a few days
after the termination of employee’s service. — Maternity leave with pay may
be granted even if the delivery occurs not more than 15 calendar days after the
termination of employee’s service as her right thereto has already accrued.
SECTION 16. Maternity leave of employee on extended leave of absence without pay. — If
already entitled, a woman employee can still avail of sixty (60) days maternity
leave with pay even if she is on an extended leave of absence without pay.
SECTION 17. Maternity leave of employee with pending administrative case. — A married woman employee is entitled to maternity leave
of absence with pay even if she has a pending administrative case.
SECTION 18. Maternity leave of contractual employees. — Married contractual employees whether or not receiving
20% premium on their salary shall be entitled to maternity leave benefits like
regular employees in accordance with the provisions of Section 11 hereof.
SECTION 19. Conditions for the grant of paternity leave. — Every
married male employee is entitled to paternity leave of seven (7) working days
for the first four (4) deliveries of his legitimate spouse with whom he is
cohabiting.
The first of the 4 deliveries shall be reckoned from the effectivity of the Paternity Leave Act on July 15, 1996.
Married male employee with more than one (1) legal spouse shall
be entitled to avail of paternity leave for an absolute maximum of four
deliveries regardless of whichever spouse gives birth.
SECTION 20.
Paternity Leave — non-cumulative/non-commutative. — Paternity leave of
seven (7) days shall be non-cumulative and strictly non-convertible to cash.
The same may be enjoyed in a continuous or in an intermittent manner by the
employee on the days immediately before, during and after the childbirth or
miscarriage of his legitimate spouse.
SECTION 21. Special leave privileges. — In
addition to the vacation, sick, maternity and paternity leave, officials and
employees with or without existing or approved Collective Negotiation Agreement
(CNA), except teachers and those covered by special leave laws, are granted the
following special leave privileges subject to the conditions hereunder stated:
(a) funeral/mourning
leave
(b) graduation leave
(c) enrollment
leave
(d) wedding/anniversary leave
(e) birthday
leave
(f) hospitalization leave
(g) accident leave
(h) relocation leave
(i) government transaction leave
(j) calamity leave
(1) That the official/employee may be granted a maximum of three (3) days within a
calendar year of any or combination of special leave privileges of his choice
which he would opt to avail;
(2) That such privileges shall be non-cumulative and non-commutative;
(3) That the official/employee shall submit the application for the said special
leave privileges for at least one (1) week prior to its availment
except on emergency cases; and
(4) Special leave privilege may be availed of by the official/employee when the
occasion is personal to him and that of his immediate family.
SECTION 22. Monetization of leave credits. — Officials and employees in the career and
non-career service whether permanent, temporary, casual, or coterminous, who have
accumulated fifteen (15) days of vacation leave credits shall be allowed to
monetize a minimum of ten (10) days: Provided, that at least five (5) days is
retained after monetization and provided further that a maximum of thirty (30)
days may be monetized in a given year.
SECTION 23. Monetization of 50% of vacation/sick leave credits. —
Monetization of fifty percent (50%) of all the accumulated leave credits may be
allowed for valid and justifiable reasons subject to the discretion of the
agency head and the availability of funds.
SECTION 24. Computation of Leave Monetization.
— The formula to be used for the computation of monetization is as follows:
Monthly
Salary
No. of days Money Value of the
––––––––––––—
x to be
= monetized leave
22
Working
Days
Monetized
SECTION 25. Five days forced/mandatory leave. — All officials and
employees with 10 days or more vacation leave credits shall be required to go
on vacation leave whether continuous or intermittent for a minimum of five (5)
working days annually under the following conditions:
(a) The head of agency
shall, upon prior consultation with the employees, prepare a staggered schedule
of the mandatory five-day vacation leave of officials and employees, provided
that he may, in the exigency of the service, cancel any previously scheduled
leave.
(b) The mandatory annual
five-day vacation leave shall be forfeited if not taken during the year.
However, in cases where the scheduled leave has been cancelled in the exigency
of the service by the head of the agency, the scheduled leave not enjoyed shall
no longer be deducted from the total accumulated vacation leave.
(c) Retirement and
resignation from the service in a particular year without completing the
calendar year do not warrant forfeiture of the corresponding leave credits if
concerned employees opted not to avail of the required five-day mandatory
vacation leave.
(d) Those with accumulated
vacation leave of less than ten (10) days shall have the option to go on forced
leave or not. However, officials and employees with accumulated vacation leave
of 15 days who availed of monetization for 10 days, under Section 22 hereof,
shall still be required to go on forced leave.
SECTION 26. Accumulation of vacation and sick leave. — Vacation and
sick leave shall be cumulative and any part thereof which may not be taken
within the calendar year may be carried over to the succeeding years. Whenever
any official or employee retires, voluntarily resigns, or is allowed to resign
or is separated from the service through no fault of his own, he shall be
entitled to the commutation of all the accumulated vacation and/or sick leave
to his credit, exclusive of Saturdays, Sundays, and holidays, without
limitation as to the number of days of vacation and sick leave that he may
accumulate provided his leave benefits are not covered by special law.
When a person whose leave has been commuted following his
separation from tire service is reemployed in the government before the
expiration of the leave commuted, he shall no longer refund the money value of
the unexpired portion of the said leave. Insofar as his leave credits is concerned, he shall start from zero balance.
SECTION 27. Computation of vacation leave and sick leave. —
Computation of vacation leave and sick leave shall be made on the basis of one
day vacation leave and one day sick leave for every 24 days of actual service
using the tables of computations as follows:
|
Table of Computation
|
|||||
|
For Leave With Pay |
For Leave Without Pay |
||||
|
DAY |
LEAVE EARNED |
MONTH |
LEAVE EARNED |
VACATION LEAVE (WOP) |
LEAVE EARNED |
|
1 |
.042 |
7 mos. |
8.75 |
0.50 |
1.229 |
|
2 |
.083 |
8 mos. |
10.00 |
1.00 |
1.208 |
|
3 |
.125 |
9 mos. |
11.25 |
1.50 |
1.188 |
|
4 |
.208 |
10 mos. |
12.50 |
2.00 |
1.167 |
|
5 |
.250 |
11 mos. |
13.75 |
2.50 |
1.146 |
|
6 |
.292 |
12 mos. |
15.00 |
3.00 |
1.125 |
|
7 |
.333 |
|
|
3.50 |
1.104 |
|
8 |
.417 |
|
|
4.00 |
1.083 |
|
9 |
.458 |
|
|
4.50 |
1.063 |
|
10 |
.500 |
|
|
5.00 |
1.042 |
|
11 |
.542 |
|
|
5.50 |
1.021 |
|
12 |
.583 |
|
|
6.00 |
1.000 |
|
13 |
.625 |
|
|
6.50 |
0.979 |
|
14 |
.667 |
|
|
7.00 |
0.958 |
|
15 |
.708 |
|
|
7.50 |
0.938 |
|
16 |
.750 |
|
|
8.00 |
0.917 |
|
17 |
.792 |
|
|
8.50 |
0.896 |
|
18 |
.833 |
|
|
9.00 |
0.875 |
|
19 |
.875 |
|
|
9.50 |
0.854 |
|
20 |
.917 |
|
|
10.00 |
0.833 |
|
21 |
.958 |
|
|
10.50 |
0.813 |
|
22 |
1.000 |
|
|
11.00 |
0.792 |
|
23 |
1.042 |
|
|
11.50 |
0.771 |
|
24 |
1.083 |
|
|
12.00 |
0.750 |
|
25 |
1.125 |
|
|
12.50 |
0.729 |
|
26 |
1.167 |
|
|
13.00 |
0.708 |
|
27 |
1.208 |
|
|
13.50 |
0.687 |
|
28 |
1.250 |
|
|
14.00 |
0.667 |
|
29 |
|
|
|
14.50 |
0.646 |
|
30 |
|
|
|
15.00 |
0.625 |
|
|
|
|
|
15.50 |
0.604 |
|
|
|
|
|
16.00 |
0.583 |
|
|
|
|
|
16.50 |
0.562 |
|
|
|
|
|
17.00 |
0.542 |
|
|
|
|
|
17.50 |
0.521 |
|
|
|
|
|
18.00 |
0.500 |
|
|
|
|
|
18.50 |
0.479 |
|
|
|
|
|
19.00 |
0.458 |
|
|
|
|
|
19.50 |
0.437 |
|
|
|
|
|
20.00 |
0.396 |
|
|
|
|
|
20.50 |
0.375 |
|
|
|
|
|
21.00 |
0.354 |
|
|
|
|
|
21.50 |
0.333 |
|
|
|
|
|
22.00 |
0.312 |
|
|
|
|
|
22.50 |
0.292 |
|
|
|
|
|
23.00 |
0.271 |
|
|
|
|
|
23.50 |
0.250 |
|
|
|
|
|
24.00 |
0.229 |
|
|
|
|
|
24.50 |
0.208 |
|
|
|
|
|
25.00 |
0.187 |
|
|
|
|
|
26.00 |
0.167 |
|
|
|
|
|
26.50 |
0.146 |
|
|
|
|
|
27.00 |
0.125 |
|
|
|
|
|
27.50 |
0.104 |
|
|
|
|
|
28.00 |
0.083 |
|
|
|
|
|
28.50 |
0.062 |
|
|
|
|
|
29.00 |
0.042 |
|
|
|
|
|
29.50 |
0.021 |
|
|
|
|
|
30.00 |
0.000 |
|
Table II
|
||
|
TABLE SHOWING CONVERSSION OF WORKING HOURS/ MINUTES INTO FRATION OF A DAY
|
||
|
Based on 8-Hour Day
|
||
|
HOURS |
EQUIVALENT DAY |
|
|
|
|
|
|
1 |
.125 |
|
|
2 |
.250 |
|
|
3 |
.375 |
|
|
4 |
.500 |
|
|
5 |
.625 |
|
|
6 |
.750 |
|
|
7 |
.875 |
|
|
8 |
1.000 |
|
|
MINUTES |
EQUIV. DAY |
MINUTES |
EQUIV. DAY |
|
|
|
|
|
|
1 |
.002 |
31 |
.065 |
|
2 |
.004 |
32 |
.067 |
|
3 |
.006 |
33 |
.069 |
|
4 |
.008 |
34 |
.071 |
|
5 |
.010 |
35 |
.073 |
|
6 |
.012 |
36 |
.075 |
|
7 |
.015 |
37 |
.077 |
|
8 |
.017 |
38 |
.079 |
|
9 |
.019 |
39 |
.081 |
|
10 |
.021 |
40 |
.083 |
|
11 |
.023 |
41 |
.085 |
|
12 |
.025 |
42 |
.087 |
|
13 |
.027 |
43 |
.090 |
|
14 |
.029 |
44 |
.092 |
|
15 |
.031 |
45 |
.094 |
|
16 |
.033 |
46 |
.096 |
|
17 |
.035 |
47 |
.098 |
|
18 |
.037 |
48 |
.100 |
|
19 |
.040 |
49 |
.102 |
|
20 |
.042 |
50 |
.104 |
|
21 |
.044 |
51 |
.106 |
|
22 |
.046 |
52 |
.108 |
|
23 |
.048 |
53 |
.110 |
|
24 |
.050 |
54 |
.112 |
|
25 |
.052 |
55 |
.115 |
|
26 |
.054 |
56 |
.117 |
|
27 |
.056 |
57 |
.119 |
|
28 |
.058 |
58 |
.121 |
|
29 |
.060 |
59 |
.123 |
|
30 |
.062 |
62 |
.125 |
SECTION 28. Actual service defined. — The term “actual service” refers to the
period of continuous service since the appointment of the official or employee
concerned, including the period or periods covered by any previously approved
leave with pay.
Leave of absence without pay for any reason other than illness
shall not be counted as part of the actual service rendered: Provided, that in
computing the length of service of an employee paid on the daily wage basis,
Saturdays, Sundays or holidays occurring within a period of service shall be
considered as service although he did not receive pay on those days inasmuch as
his service was not then required.
A fraction of one-fourth or more but less than three-fourth shall
be considered as one-half day and a fraction of three-fourths or more shall be
counted as one full day for purposes of granting leave of absence.
SECTION 29. Computation of leave for employees with irregular work schedule. — Employees, including, among others, hospital personnel,
whose work schedules are irregular and at times include Saturdays, Sundays, and
legal holidays and are instead off-duty on other days, their off-duty days
regardless or whether they fall on Saturdays, Sundays, or holidays during the
period of their leave, are to be excluded in the computation of vacation and
sick leave. In other words, if an employee is off-duty, say for two (2) days
falling on Saturdays, Sundays, or holidays, these days occurring within the
period of authorized leave are to be excluded in the deduction of the number of
days of leave from the earned leave credits of the employee.
SECTION 30. Computation of leave for employees observing flexible working hours. — Employees observing flexible working hours who render
less than the usual eight (8) hours of work per day but complete the forty (40)
hours of work in a week, shall be deducted from their leave credits only the
minimum number of hours required to be served for a day but which was not
served. Any absence incurred must be charged in proportion to the number of
hours required for a day’s work.
SECTION 31. Commutation of salary prior to leave. — The proper head
of department, local government unit, and government owned or controlled
corporation with original charter may, in his discretion, authorize the
commutation of the salary that would be received during the period of vacation
and sick leave of any appointive official and employee and direct its payment
at the beginning of such leave from the fund out of which the salary would have
been paid.
SECTION 32. Absence on a regular day for which suspension of work is announced. — Where an official or an employee fails to report for
work on a regular day for which suspension of work is declared after the start
of regular working hours, he shall be considered absent on that day.
SECTION 33. Leave of absence without pay on a day immediately preceding or
succeeding Saturday, Sunday or holiday. — When an employee,
regardless of whether he has leave credits or not is absent on a day
immediately preceding or succeeding a Saturday, Sunday or holiday, he shall not
be considered absent on said days. However, the same provision is applicable
only to intermittent or broken absences incurred by an employee but not to
continuous or uninterrupted absences without pay exceeding a period of seven
(7) calendar days.
SECTION 34. Tardiness and undertime are deducted against vacation
leave credits. — Tardiness and undertime are
deducted from vacation leave credits and shall not be charged against sick
leave credits, unless the undertime is for health
reasons supported by medical certificate and application for leave.
SECTION 35. Terminal leave. — Terminal
leave is applied for by an official or an employee who intends to sever his
connection with his employer. Accordingly, the filing of application for
terminal leave requires as a condition sine qua non, the employee’s
resignation, retirement or separation from the service without any fault on his
part. It must be shown first that public employment cease by any of the said
modes of severances.
SECTION 36. Approval of terminal leave. —
Application for commutation of vacation and sick leave in connection with
separation through no fault of an official or employee shall be sent to the
head of department concerned for approval. In this connection, clearance from
the Ombudsman is no longer required for processing and payment of terminal
leave as such clearance is needed only for payment of retirement benefits.
SECTION 37. Payment of terminal leave. —
Any official/employee of the government who retires, voluntarily resigns, or is
separated from the service through no fault of his own, and who is not
otherwise covered by special law, shall be entitled to the commutation of his
leave credits exclusive of Saturdays, Sundays and Holidays without limitation
and regardless of the period when the credits were earned.
SECTION 38. Period within which to claim terminal leave pay. — Request for payment of terminal leave benefits must be
brought within ten (10) years from the time the right of action accrues upon an
obligation created by law.
SECTION 39. Basis of computation of terminal leave. — Payment of
terminal leave for purposes of retirement or voluntary resignation shall be
based on the highest monthly salary received at any time during his period of
employment in the government service and not on his latest salary, unless the
latter is the highest received by the retiree.
SECTION 40. Computation of terminal leave.
— The terminal leave benefits shall be computed as follows:
|
D x (S)
|
||
|
TLB
|
=
|
22
|
|
Where:
|
||
|
TLB
|
–
|
Total Terminal Leave Benefits
|
|
D
|
–
|
No. of accumulated leave (VL & SL)
|
|
S
|
–
|
Highest monthly salary received
|
|
22
|
–
|
Number of working days in a month pursuant to R.A. 6758
|
SECTION 41. Official/Employee on terminal leave does not earn leave credits. — The
official/employee who is on terminal leave does not earn any leave credits as
he is already out of the service. While on terminal leave, he merely enjoys the
benefits derived during the time of such employment. Consequently, he is no
longer entitled to the benefits or salary increases that may be granted thereafter.
SECTION 42. Employee on extension of service does not earn leave credits. — The
official/employee who has reached the compulsory retirement age of 65 but whose
service has been extended by the Commission for another six (6) months, no
longer earns leave credits.
SECTION 43. Computation of salary. — An
official or employee who applies for vacation or sick leave shall be granted
leave with pay at the salary he is currently receiving.
SECTION 44. Leave during probationary period. — An employee still on probation may
already avail of whatever leave credits he has earned
during said period. Accordingly, any leave of absence without pay incurred
during the period of probation shall extend the completion thereof for the same
number of days of such absence.
SECTION 45. Payment of unused vacation service credits of teachers. — Teachers and
other school personnel on the teachers’ leave basis who,
resigned, retired, or are separated from the service through no fault of their
own on or after January 16, 1986
shall be paid the money value of their unused vacation service credits
converted to vacation and sick leave using the formula:
30Y/69
Vacation
and Sick Leave
= ––––––
2
Where:
30
= Number of Days in a
Month
Y
= Total Number of
Teacher’s
Service Credits
*69
= 58 Days of Summer
Vacation
plus 11 Days
Christmas Vacation
2
= the two kinds of leave
84 total number
of days of Summer/Christmas vacation
–
15 (12 days Saturdays/Sundays during summer
vacation
––––– 3 days-Christmas Day, Rizal
Day, New Year’s Day)
*69 days
SECTION 46. Transfer from teaching to non-teaching service during summer vacation. — A
teacher who transferred to the non-teaching service immediately after the close
of the school year during summer vacation, is entitled to proportional vacation
pay inasmuch as his right thereto has already accrued.
SECTION 47. Transfer of leave credits. — When an official or employee transfers from
one government agency to another, he can either have his accumulated vacation
and/or sick leave credits commuted or transferred to his new agency.
The second option can be exercised as a matter of right only by
an employee who does not have gaps in his service. However, a gap of not more
than one month may be allowed provided same is not due to his fault.
The option to transfer accumulated leave credits can be exercised
within one (1) year only from the employee’s transfer to the new agency.
This provision is not applicable to transfer of leave credits of
uniformed personnel from the military to the civilian service.
SECTION 48. Remedy when transfer of leave credits is denied. — An official or employee
who failed to transfer his leave credits to the new office in line with the
provisions in the preceding section, may claim the money value of such leave
credits from the office where earned.
SECTION 49. Period within which to act on leave application. — Whenever the application for leave of absence, including
terminal leave, is not acted upon by the head of agency or his duly authorized
representative within five (5) working days after receipt thereof, the
application for leave of absence shall be deemed approved.
SECTION 50. Effect of unauthorized leave. — An official/employee who
is absent without approved leave shall not be entitled to receive his salary
corresponding to the period of his unauthorized leave of absence. It is
understood, however that his absence shall no longer be deducted from his
accumulated leave credits, if there are any.
SECTION 51. Application for vacation leave. — All applications for
vacation leave of absence for one (1) full day or more shall be submitted on
the prescribed form for action by the proper head of agency five (5) days in
advance, whenever possible, of the effective date of such leave.
SECTION 52. Approval of vacation leave. —
Leave of absence for any reason other than illness of an official or employee
or of any member of his immediate family must be contingent upon the needs of
the service, Hence, the grant of vacation leave shall
be at the discretion of the head of department/agency.
SECTION 53. Application for sick leave. — All applications for sick
leave of absence for one full day or more shall be made on the prescribed form
and shall be filed immediately upon employee’s return from such leave, Notice
of absence, however, should be sent to the immediate supervisor and/or to the
agency head, Application for sick leave in excess of five (5) successive days
shall be accompanied by a proper medical certificate.
Sick leave may be applied for in advance in cases where the
official or employee will undergo medical examination or operation or advised
to rest in view of ill health duly supported by a medical certificate.
In ordinary application for sick leave already taken not
exceeding five days, the head of department or agency concerned may duly
determine whether or not granting of sick leave is proper under the
circumstances. In case of doubt, a medical certificate may be required.
SECTION 54. Approval of sick leave. — Sick leave shall be granted
only on account of sickness or disability on the part of the employee concerned
or of any member of his immediate family.
SECTION 55. Rehabilitation leave for job-related injuries. —
Applications of officials and employees for leave of absence on account of
wounds or injuries incurred in the performance of duty must be made on the
prescribed form, supported by the proper medical certificate and evidence
showing that the wounds or injuries were incurred in the performance of
duty. The head of department/agency concerned shall direct that absence
of an employee during his period of disability thus occasioned shall be on full
pay, but not to exceed six (6) months. He shall also authorize the payment
of medical attendance, necessary transportation, subsistence
and hospital fees of the injured person. Absence in the case contemplated shall
not be charged against sick leave or vacation leave, if there are any.
SECTION 56. Leave without pay. — All absences of an official or employee in excess of
his accumulated vacation or sick leave credits earned shall be without pay.
When an employee had already exhausted his sick leave credits, he
can use his vacation leave credits but not vice versa.
SECTION 57. Limit of leave without pay. — Leave without pay not exceeding one year may
be granted, in addition to the vacation and/or sick leave earned. Leave without
pay in excess of one month shall require the clearance of the proper head of
department or agency.
SECTION 58. When leave without pay is not allowable. — Leave without pay shall not be
granted whenever an employee has leave with pay to his credit except in the
case of secondment.
SECTION 59. Seconded employee on leave without pay from his mother agency. — The seconded employee shall be on leave without pay from
his mother agency for the duration of his secondment,
and during such period, he may earn leave credits which is commutable
immediately thereafter at and payable by the receiving agency.
SECTION 60. Effect of vacation leave without pay on the grant of length of
service step increment. — For purposes of
computing the length of service for the grant of step increment, approved
vacation leave without pay for an aggregate of fifteen (15) days shall not
interrupt the continuity of the three-year service requirement for the grant of
step increment. However, if the total number of authorized vacation leave
without pay included within the three-year period exceeds fifteen (15) days, the
grant of one-step increment will only be delayed for the same number of days
that an official or employee was absent without pay.
SECTION 61. Effect of pending administrative case against an official or
employee. — Where officials or employees have pending formal
administrative charges against them, no vacation leave with pay shall be
granted the respondent during the pendency of the
case.
SECTION 62. Effect of failure to report for duty after expiration of one year
leave. — If an official or an employee who is on leave without pay
pursuant to Section 57 hereof, fails to report for work at the expiration of
one year from the date of such leave, he shall be considered automatically
separated from the service.
SECTION 63. Effect of absences without approved leave. — An official or an employee who
is continuously absent without approved leave for at least thirty (30) calendar
days shall be considered on absence without official leave (AWOL) and shall be
separated from the service or dropped from the rolls without prior notice. He
shall, however, be informed, at his address appearing on his 201 files of his
separation from the service, not later than five (5) days from its effectivity.
If the number of unauthorized absences incurred is less than
thirty (30) calendar days, a written Return-to-Work Order shall be served to
him at his last known address on record. Failure on his part to report for work
within the period stated in the order shall be a valid ground to drop him from
the rolls.
SECTION 64. Status of the position of an official or employee on vacation leave
or sick leave. — While the incumbent is on vacation or sick leave
with or without pay, his position is not vacant. During the period of such
leave therefore, only substitute appointment can be made to such position.
SECTION 65. Effect of decision in administrative case. — An official or employee in the government who is
separated from the service for cause shall forfeit his leave credits.
SECTION 66. Effect of exoneration from criminal/administrative case. — In general, officials and employees who have been
dismissed from the service but who were later exonerated and thereafter
reinstated, are entitled to the leave credits during the period they were out
of the service.
SECTION 67. Cause
for disciplinary action. — Any violation of the leave laws, rules or
regulations, or any misrepresentation or deception in connection with an
application for leave, shall be a ground for disciplinary action.