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FORUM ON CIVIL SERVICE LAW


AND RULES

CIVIL SERVICE COMMISSION


Department of Budget and
Management
Joint Circular No. 01, s. 2006

SUBJECT:

Guidelines for Availing of


the Rehabilitation
Privilege

1.0 Purpose
This Joint Circular provides the
guidelines for availing of the
Rehabilitation
Privilege
in
accordance
with
humane,
employee-friendly
policies
of
government;
clarifies
certain
issues ensures uniform policy
interpretation; and forestalls the
misuse of the privilege.

2.0 Coverage
All
personnel
with
permanent,
temporary, casual or contractual
appointments including those with
fixed terms of office, may avail
themselves of the Rehabilitation
Privilege during their employment with
their agency and in accordance with
these guidelines. Consultants and
those hired under contract of service
or job order cannot avail themselves
of the privilege because they are not
government employees.

3.0 Guidelines
3.1
Officials and employees may be
entitled to the Rehabilitation Privilege for a
maximum period of six (6) months for
wounds and/or injuries sustained while in the
performance of official duties. The duration,
frequency and terms of availing of the
privilege
shall
be
based
on
the
recommendation of medical authority. Hence,
availability of the privilege may be for less
than six (6) months, or may be on a half-time
basis or an intermittent schedule as
determined by medical authorities provided
that the cumulative total period of availing of
the privilege will not exceed six (6) months.

Illness or sickness resulting


from or aggravated by working
conditions or the environment
cannot be a basis for availing of
the Rehabilitation Privilege even
if
the
same
may
be
compensable under law and
regulations of the Employees
Compensation
Commission
(ECC)

3.2
For
availing
oneself
of
the
Rehabilitation Privilege, performance of duty
means situations wherein the official or
employee was already at work. The same
privilege may be extended to officials and
employees in situations where the official or
employee meets an accident while engaged in
activities inherent to the performance of his/her
duties, including being on Official Business
outside of his/her work station, official Travel,
authorized Overtime, Detail Order and Special
Assignment Orders.

Injuries from accidents


that occurred while the
official or employee was
going to work and going
home from work are not
considered
sustained
while in the performance
of official duties.

3.3
Absence
from
work
during
the
period
of
Rehabilitation Privilege shall
not be deducted from the
accumulated sick or vacation
leave credits of the official or
employee.
However,
officials
and
employees
while
on
Rehabilitation Privilege do not
earn and accumulate vacation
leave and sick leave credits.

3.4 Officials and employees availing


of the Rehabilitation Privilege shall
receive
their
salaries
and
regular
benefits such as Personnel Economic
Relief
Allowance
(PERA),
Additional
Compensation (AdCom), year-end bonus,
and cash gift mandated by law.
They are not entitled however to
benefits and privilege that are enjoyed
based on the actual performance of
duties of positions entitled to these
benefits such as Representation and
Transportation Allowance.

3.5 Claimants
of
Rehabilitation
Privilege
benefits
are
entitled
to
reimbursement by their agency for firstaid expenses, preferably in government
facilities. Reimbursement is subject to
availability of funds and shall not exceed
P5,000.00 unless expenditures beyond
said amount are necessary as certified by
medical authorities and approved by head
of agency.
For this purpose, first aid refers to the
basic medical treatment immediately
given to a person hurt in an accident.

4.0 Procedure
4.1 Application for Rehabilitation
Privilege shall be made through
a letter, supported by relevant
reports such as the police
report, if any, and medical
certificate on the nature of the
injuries, the course of treatment
involved, and the need to
undergo rest, recuperation, and
rehabilitation, as the case may
be.

Application
should
be
made within one (1) week
from the time of the
accident except when a
longer
period
is
warranted.
Applications
may be made for the
injured
official
or
employee by a member of
his/her immediate family.

4.2
Written concurrence of a
government physician should
be obtained relative to the
recommendation
for
rehabilitation if the attending
physician
is
a
private
practitioner, particularly on the
duration of the period of
rehabilitation.

CSC Resolution No. 070936


dated May 17, 2007

Sections 3.2 and 3.3 of the National Compensation


Circular (NCC) No. 67 issued by the DBM on
January 1, 1992 and consequently adopted in the
General Appropriations Act (GAA) from 1993 to
2007 provide that
RATA is attached to the performance of the duties
and responsibilities of the incumbents of positions
and not to positions as viewed and implemented
before. Moreover, the salary grades of positions do
not automatically entitle the incumbents thereof to
RATAxxx.

The Commission resolves that

Representation Allowance and


Transportation Allowance (RATA) shall be
granted on the basis of actual performance
of duties, functions, and responsibilities of
positions duly authorized to receive such
allowances, subject to DBM rules;
The Commission resolved further that
officials and employees who are on official
business may be deemed to be in actual
performance of duties, hence, may be
entitled to RATA.

MC No.15, s. 2006
Subject:
Guidelines on the Availment of the Ten-Day
Leave Under R.A. 9262 (Anti-Violence Against
Women and Their Children Act of 2004)

Pursuant to CSC Resolution No. 05-1206. dated August


26, 2005, this Commission adopted the Guidelines on the
Availment of the Ten-Day Leave Under Republic Act No. 9262,
otherwise known as The Anti-Violence Against Women and
Their Children Act of 2004, the pertinent portions of which
read, as follows:

NOW, THEREFORE, the Commission hereby RESOLVES to adopt


and prescribe the following guidelines on the availment of the ten-day
paid leave of absence under Republic Act No. 9262:

1.

Definition of Violence Against Women and Their Children.

As used in the Act, the phrase violence against women and their
children shall refer to any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or dating relationship, or with
whom he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely
to result in physical, sexual, psychological harm or suffering, or
economic abuse including threats or such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not
limited to, the acts enumerated in Section 3 of the Act.

3.

When to File; Submission of Supporting Document. The

application for leave shall be filed, whenever practicable, before the


actual leave of absence or immediately upon the woman employees
return from such leave. It shall be accompanied by any of the following
supporting documents:
a. Barangay Protection Order (BPO) obtained from the barangay;
b. Temporary/Permanent Protection Order (TPO/PPO) obtained from the
court;
c. If the protection order is not yet issued by the barangay or the court, a
certification issued by the Punong Barangay/Kagawad or Prosecutor or
the Clerk of Court that the application for the BPO, TPO or PPO has been
filed with the said office shall be sufficient to support the application for
the ten-day leave; or
d. In the absence of the BPO/TPO/PPO or the certification, a police report
specifying the details of the occurrence of violence on the victim and a
medical certificate may be considered, at the discretion of the immediate
supervisor of the woman employee concerned.

2.

Who are Entitled to a Ten-Day Leave. The

following shall be entitled to a paid leave of absence not


exceeding ten (10) days, except as provided under Section 43
of RA 9262:
a. Any woman employee in the government service
regardless of employment status, who is a victim of violence
as defined under Section 3 of the Act.
b. Any woman employee whose child is a victim of violence
as defined therein and whose age is below eighteen (18) or
above eighteen (18) but unable to take care of himself/herself.

4.

Manner of Availment. The woman employee who

applies for ten-day leave may avail of the same in a


continuous or intermittent manner to cover the days that she
has to attend to medical and legal concerns.

5.

Nature of Ten-Day Leave. It is non-cumulative and

not convertible to cash. Leaves not availed of are considered


waived.

6.
When Leave May be Extended. When necessity arises
as specified in the Protection Order, the woman employee
may apply for extension and, for this purpose, use the other
leave benefits provided under civil service rules and
regulations.
7.
Administrative Liability. The official who denies the
application for leave of a woman employee-victim of VAW,
despite submission of the BPO/TPO/PPO, shall be held liable
for conduct prejudicial to the best interest of the service.

Maternity Leave Benefits


under Republic Act No. 8552
( Domestic Adoption Act of
Sec. 34. Benefits The adoptive parents
1998)
shall with respect to the adoptive child,

enjoy all the benefits which biological


parents are entitled to. Maternity and
paternity and other benefits given
to biological parents upon the birth of
a child shall be enjoyed of the adoptee
is below seven (7) years of age as of
the date the child is placed with the
adopted
parent
through
the
Pre- Adoptive Placement Authority
issued by the Department.

Republic Act No. 8972


An

act Providing for Benefits and


Privileges to Solo Parents and their
Children Appropriating
Funds
therefore for other Purposes

Guidelines on the Grant of


Parental Leave to Solo
Parents

Pursuant to CSC Resolution No. 040264


dated March 22, 2004, the
following
guidelines on the grant of Parental leave to
solo parents are hereby prescribed for the
guidance of all concerned.

OBJECTIVES
To identify employees considered solo

parents;
To clarify the scope and conditions on
the grant of parental leave; and
To provide uniform interpretation and
implementation of the Rules on the
grant of parental leave.

Definition of Terms
Children shall refer to those living

with and dependent upon the solo


parent for support who are unmarried,
unemployed and below eighteen (18)
years of age, or eighteen (18) years
and above but are incapable of selfsupport and/or physically challenged;

Family shall refer to the Solo Parent and

his/her child/children; Provided however, that


the family member referred to in Section 3,
paragraph (a) (10) of R.A. 8972 and Article III,
Section 6, paragraph (b) (10) of the IRR shall
include any relative by consanguinity up to
the fourt civil degree. These persons shall
include, but are not limited to, any
uncle,aunt, grandfather, niece, nephew, or
cousin;

Parental leave shall refer to leave

benefits granted to a solo parent to


enable said parent to perform parental
duties and responsibilities where
physical presence is required;

COVERAGE
Any individual in the government who

falls under any of the following


categories shall be considered a Solo
Parent for the availment of Parental
Leave.
1. A woman who gives birth as a

result of rape and other crimes


against chastity , even without a
final conviction of the offender:
Provided, That the mother keeps
and raises the child;

2. Parent left solo or alone with the

responsibility of parenthood due to any


of the following circumstances:
a. death of spouse;
b.

detention of the spouse or


serving sentence for a criminal
conviction for at least one (1)
year;
c. physical/mental incapacity of
spouse as certified by a public
medical practitioner;

d. legal separation or de facto

separation from spouse for at


least one year provided he/she
has custody of the children;
e.
declaration of nullity or
annulment
of
marriage
as
decreed by a court or by a
church, provided, he/she has
custody of the children; and
f. abandonment of spouse for at
least one year;

3. Unmarried person who has preferred to keep

and rear the children instead of having others


care for them or give them up to a welfare
institution;
4. Any other person who solely provides
parental care and support to a child or children
provided said person is duly licensed as a
foster parent by the DSWD or duly appointed
legal guardian by the court;
5. Any family member who assumes the
responsibility of head of family as a result of
the death, abandonment, disappearance or
prolonged absence of parents or solo parent:
Provided,
that
such
abandonment,
disappearance or absence lasts for at least one
(1) year.

CONDITIONS FOR AVAILING


OF PARENTAL LEAVE

The parental leave of seven (7) days in

addition to existing leave privileges


shall be granted to any solo parent
employee subject to the following
conditions:
1. The solo parent must have rendered

government service for at least one


year, whether continuous or broken,
reckoned at the time of the effectivity of
R.A. 8972 on September 22, 2002 and
regardless of employment status.

2. The parental leave shall be availed of

every year and shall not be convertible to


cash
unless
specifically agreed
upon
previously. If not availed of within the
calendar year said privilege shall be forfeited
within the same year.
3. The parental leave shall be availed of on a
staggered or continuous basis, subject to the
approval of the head of agency/office. In this
regard, the solo parent shall submit the
application for parental leave at least one (1)
week prior to the availment, except on
emergency cases.

4. The solo parent employee may avail of


parental leave under any of the following
circumstances:
a.

b.

c.
d.

Attend to personal milestone of a child


such as birthdays, first communion,
graduation and other similar events;
Perform parental obligations such as
enrollment and attendance in school
programs, PTA meetings and the like:
Attend to medical, social, spiritual and
recreational needs of the child; and
Other similar circumstances necessary
in the performance of parental duties
and responsibilities, where physical
presence of a parent is required.

CONDITIONS FOR TERMINATION


OF PARENTAL LEAVE
PRIVILEGES
1. Changes in the status and family

situation of a solo parent such as


marriage or the concerned parent is no
longer left alone with the responsibility
of
a
parenthood
shall
lead
to
termination of parental leave privileges.
However, the termination shall be with
out prejudice to reapplication should
circumstances warrant.

2. The head of agency/office concerned

may determine whether granting of


parental leave is proper or may
conduct the necessary investigation to
ascertain if grounds for termination
and withdrawal of the privilege exist.

CREDITING OF EXISTING
LEAVE BENEFIT
1.

If there is an existing or similar


benefit under an agency/office policy or
Collective Negotiation Agreement (CNA),
the same shall be credited as such. If
the same is greater that the seven (7)
days provided for in these guidelines,
the parental leave law of seven (7) days
shall prevail.

2. Contingency or emergency leave

provided under an agency/office policy or


CNA, as well as the three (3) days
Special Leave privileges provided for
under Section 21, Rule XVI of CSC
Memorandum Circular No. 41 s. 1998,
shall not be credited as compliance with
parental leave provided for under these
guidelines.

PROCEDURES IN AVAILING OF
PARENTAL LEAVE
A solo parent employee who applies

for parental leave shall comply with


the following requirements:
1. Secure a Solo Parent Identification Card

from the city/Municipal Social Welfare and


Development office. The Identification
Card is valid for one year from issuance
but renewable yearly. Failure to renew the
card means that his/her status as solo
parent has ceased or has changed.

2.

Submit the accomplished application


form (CS Form No. 6 ) duly supported with
certified true copies of the Solo Parent ID
and birth certificate of the child/children or
other requirements such as medical
certificate, if necessary.

[REPUBLIC Act No.

9416]

AN ACT DECLARING AS UNLAWFUL ANY FORM


OF CHEATING IN CIVIL SERVICE
EXAMINATIONS, UNAUTHORIZED USE AND
POSSESSION OF CIVIL SERVICE COMMISSION
(CSC) EXAMINATION-RELATED MATERIALS,
AND GRANTING THE CSC EXCLUSIVE
JURISDICTION OVER THESE CASES INCLUDING
THOSE COMMITED BY PRIVATE INDIVIDUALS

Sec. 1.Statement of Policy - Public office is a public trust. As such, it is


hereby declared the policy of the state to ensure that honestly, integrity
and the merit and fitness principle be always the measure of entry into
the public service. Thus, all forms of cheating in civil service examination
including those committed by private individuals shall be immediately
and effectively addressed. The public service should not be a haven for
misfits and cheats.
Pursuant thereto, any form of cheating in civil service
examinations is hereby declared illegal and unlawful. This shall include
acts and omissions that are done before, during and such after
examinations. To further protect the integrity of the examinations, the
possession and or use of any examination-related materials like
electronic program files or data, test booklets and answer sheets, by
any individual, group or review center shall be considered an act of
cheating.

Sec. 2. The Civil Service Commission (CSC) as the central personnel


agency of the government shall exercise exclusive jurisdiction to
investigate and decide over these cases. This jurisdiction shall cover
government employees as well as private individuals.
Sec. 3. Definition of Terms -For purpose of this Act, the following terms
shall mean:
a.
Civil Service Examination-refers to all examinations being
administered by the CSC or those administered by other agencies in
coordination with or through the assistance of the CSC.
b.
Cheating-refers to any act or omission before, during or after
any civil service examination that will directly or indirectly undermine
the sanctity and integrity of the examination such as, but not limited
to the following:

(1) Impersonation;
(2) Use of codigo or crib sheets;
(3) Employing a poste or a person inside or outside of the
examination room who may or may not be a registered examinee but
who provides examinees with answer or codigo or crib sheets or
such other assistance purportedly to enhance examinees better
chances of passing;
(4) Tampering with the examination records such as the answer
Data Files, the Application Forms or the Picture Seat Plan to facilitate
the passing of an examinee who have failed;
(5) Collusion of whatever nature between examinees and
examination personnel;
(6)Examinee number switching;
(7)Possession and or use of fake certificate of eligibility; and
(8)Such other acts of similar nature which facilitate the passing of
an examination including those committed by review centers or
entities offering refresher courses or tutorials.

(c) Cheats-shall include all persons or review centers or entities


offering refresher courses or tutorials who directly or indirectly
commit the act of cheating.
(d) Examination-related materials-refer to any materials in whatever
form, which are used by the CSC in the conduct of the
examinations or by other agencies, which administer examination
in coordination with or through the assistance of the following:
Computer or electronic program files and data, test questions,
answer and test booklets.
(e) Private Individuals-those persons who are not yet considered
government employees as well as those former government
employees who had been separated from the service. These shall
also cover individuals who are hired by government agencies based
on job orders or contracts of service, where no employment
relationship subsists between these individuals and the hiring
agencies.

(f) Review Center-shall refer to entities, created or established


formally or informally, by an individual or group of individuals, to
provide, conduct, specialize and/or assist individuals (student,
professional, employees) or group of individuals through tutorial
programs and /or review classes or review programs,
seminars/training programs, and advance subject/course orientation,
intensive and comprehensive test preparation, familiarity with scope
of test through simulation activities and provision of documents or
review materials, and proficiency enhancement, sometimes with the
assurance of passing or high possibility of passing the civil service
examination and other examinations conducted in coordination with
and/or through the assistance of the CSC.
Sec. 4. Statistically Improbable Results- any civil service examination
result which shall be declared as statistically improbable by the CSC
shall be a prima facie evidence of the existence of an examination
irregularity or form of cheating.

Sec. 5. Unauthorized Possession of and/or Unauthorized Use of


Examination Material-The unauthorized possession of and/or
unauthorized use, reproduction and/or dissemination in any form of
examination materials, in whole or in part, by an individual, either
private or government employee, group or review center, from an
unauthorized source, shall be considered an act of cheating and
punishable under this act.
Sec. 6. Power and Functions- To achieve these objectives, the CSC
shall have the following powers and functions, in addition to those
provided for under Executive Order No. 292:
(1)Exclusive jurisdiction over administrative cases involving
examination irregularities.
(2) Investigate and prosecute on its own or on complaint by any
person, any examination irregularity cases that may be
committed by private individuals, groups or review centers
(3) Request any government agency for assistance and information
necessary in the effective discharge of its responsibilities under
this Act.

(4) Issue subpoena and subpoena duces tecum for the production of
documents and records pertinent to its investigation and inquiries.
(5) Punish for contempt any official, employee, or private individual
who refuse without any valid cause to extend assistance and
information necessary in the discharge of its responsibilities under this
Act.
(6) Take the primary role in continuously reviewing examinations
system and producers to ensure that the integrity of such
examinations is not compromised.
Sec. 7. Immunity- Immunity from prosecution may be granted
by the CSC to any person upon whose testimony rests the prosecution
and/or conviction of other individuals or groups perpetrating
examination irregularities.
Those granted immunity shall
administrative and criminal prosecution.

be

exempted

from

Sec. 8. Penalties- any person who commits any of the


prohibited acts by Section 3(b) above, shall, upon conviction
suffer the penalty of imprisonment of not less than six years
and one day but not more than twelve (12) years and a fine
not less than Fifty Thousand Pesos (P50,000.00): Provided,
That if the offender is already a government employee, the
accessory penalties of dismissal from the service, forfeiture of
government benefits, cancellation of eligibility, bar from
taking any government examination, and perpetual
disqualification from re-entering government service shall be
imposed: Provided, further, That if the offender is a
nongovernmental employee, the accessory penalties of
disqualification from taking any government examination and
from entering the government service shall be imposed:
Provided, finally, That if the person found guilty is an
employee, owner or member of the board of directors of a
review center, he shall be likewise penalized as provided in
this Act and the license/permit to operate as review center
shall likewise be revoked.

Sec. 9. Administrative Liability- Any person found


administratively liable under any of the acts mentioned above, shall be
liable for serious dishonestly and grave misconduct and shall be
dismissed from the service with all the accessory penalties for the
government employees. Nongovernmental employees found
administratively liable shall be perpetually barred from entering
government service and from taking any government examination.
Sec. 10. Implementing Rules and Regulations- The CSC shall
promulgate the rules and regulations necessary to carry out the
provisions of this Act.
Sec. 11. Repealing Clause- - All laws, presidential
decrees, letters of instruction, executive orders, rules and
regulations insofar as they are inconsistent with this Act are hereby
repealed or amended as the case may be.
Sec. 12. Effectivity. - This Act shall take effect fifteen
(15) days after its publication in the Official Gazette or in a
newspaper of general circulation.

Approved,
(Sgd.) JOSE DE VENECIA
Speaker of the House
of Representative

(Sgd.) MANNY VILLAR


President of the Senate

This Act which is a consolidation of Senate Bill No. 2512 and


House Bill No. 4435 was finally passed by the Senate and the House of
Representatives on December 21, 2006 and January 31, 2007,
respectively.
(Sgd.) ROBERTO P. NAZARENO
Secretary General
House of Representatives

(Sgd.) OSCAR G. YABES


Secretary of the Senate

Approved: March 25, 2007


(Sgd.)

GLORIA MACAPAGAL ARROYO


President of the Philippines

GOVERNMENT OFFICE
HOURS
refers to the minimum

working hours that officials


and employees are required
to render for a week

Prescribed Government Working


Hours
8 hours a day for five days a week

or 40 hours a week exclusive of


time for lunch
Working Hours
8:00 12:00AM and 1:00-5:00 PM

Working Day
Monday to Friday except Sat. Sun
and Holidays
Flexible Working Hours
7:00 am to 7:00 pm

CSC MC No. 5 s 1997 dated 128-97


Allows heads

of
department/agencies/ offices to
promulgate its own internal rules and
regulations on attendance
and
punctuality which will require
their employee to incur less
absences and tardiness

Who is responsible for seeing


to it that govt. office hours is
It is the observed
duty of the Head of
strictly
Dept./Agency to require all Officers
and employees under him/her to
observe the prescribed office hours.
He/She may also prescribe internal
rules and regulations in the use of
bundy clock, logbook, pass slip and/or
application for leave of absence.

WHO ARE REQUIRED TO


OBSERVE THE GWH

All officers and employees of the

government.
EXCEPT:

Those covered by special laws


( Supreme Court, justices, Judges, etc.)

Elective Officials
( Attendance in session only)

Presidential appointees
Officers who rank higher than
Chiefs & Asst. Chiefs in the 3
branches of the government

If the head of office/agency

allows officials and


employees to leave the
office during office hours,
time spent:
Official Business
Personal Business

Exemption from
Registering in the Bundy
Chiefs and assistant chiefs of agencies who
Clock
are appointed by the President, officers
who rank higher than chiefs and assistant
chiefs in the three branches of the
government and other presidential
appointees need not punch in the bundy
clock. However, their attendance and
absences must be duly recorded and
covered by the required leave of absence

FORMS USED
CS FORM 48 or DTR
Attendance Logbook
Bundy Clock

Falsification or irregularities

in the keeping of time


records shall be subject to
administrative liability,
without prejudice to
criminal prosecution if
the circumstance warrant.

Undertime
is an act of leaving the office work
before the time usually allowed by law
or that specified by the office
concerned
or rendering less than the
required eight hours of work.

Tardiness
refers to the failure of an employee
to report for work or resume for work on
time

Habitual tardiness
Pursuant to CSC Res. No. 001640
When an official or employee has

incurred tardiness regardless of


minutes per day, ten times a month
for
Two (2) consecutive months or
Two (2) months in a semester

He/she is subject to disciplinary action


1st offense - reprimand
2nd offense - suspension for 1 day to 30
days
3rd offense - DISMISSAL

HABITUAL ABSENTEEISM
When

an employee has
incurred
unauthorized absences, exceeding the
allowable 2.5 days monthly leave credit
under the Leave Law for at least three (3)
months in a semester or at least three
(3) consecutive months during the year
shall be considered habitually absent.
1st offense - suspension for six (6) months and

one (1) year day to one (1) year


2nd offense - DISMISSAL

No offsetting of

tardiness or absences
by working for an
equivalent minutes or
hours or absent.

OVERTIME
AUTHORIZED OVERTIME
WITH OR WITHOUT PAY

Compensatory Day-Off

VOLUNTARY OVERTIME

ATTENDANCE IN HEARING
As a witness in criminal or administrative

case;

If directly connected with his

official duties
ex. Police Officer, Doctor,
Auditors )
Attendance is on official business
and is entitled to traveling
expenses
(

If not directly related to his official duties

and responsibilities
Attendance is

on Official Time

As respondent /defendant
Attendance is on his own

behalf
Employee should file a
vacation leave of absence if he
is not under SUSPENSION
If he is EXONERATED, leave
credits used during attendance
in hearing shall be restored

LEAVE LAWS
intended to promote
general efficiency
general welfare
morale with in the ranks of government

employees
in the nature of social legislations
where every means should be exerted
to achieve their beneficial purpose.
It should be construed reasonably in
favor of the employees

LEAVE BENEFITS
are granted to reward employees for

service rendered in government


a vital an incident of ones employment
in the government

LEAVE OF ABSENCE
is

a privilege to be absent
from your duty of work for
one or more day with or with
out pay with your position
held until you return

KINDS OF LEAVE OF
ABSENCE
o VACATION LEAVE
o SICK LEAVE

o MATERNITY LEAVE
o PATERNITY LEAVE
o SPECIAL LEAVE PRIVILEGES
o REHABILITATION LEAVE
o STUDY LEAVE
o PARENTAL LEAVE

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.
Immediate family refers to

o Spouse
o children
o unmarried brothers and sisters
o any relative living under the same
roof or dependent upon the
employee for support

VACATION LEAVE
refers to leave of
absence granted to
officials and employees
for personal reasons

MATERNITY LEAVE
leave

of absence
granted to
female government
employees
legally
entitled thereto in addition
to vacation and sick leave

Purpose

extend working mothers some


measures of financial help and
to provide her a period of rest and
recuperation
in connection with her
pregnancy.

MATERNITY LEAVE
Married

or

unmarried
female
employee
can avail of maternity
leave in case of pregnancy or in any
case there is a delivery or expulsion
of the fetus (in case of abortion or
miscarriage)

A. Rendered two years or more


(aggregate)
Maternity leave of 60calendar days
Full Pay ( 2 months)
Earn Vacation and sick leave credits
B. Rendered less than two years
(aggregate)
maternity leave of 60 calendar days
Earn vacation and sick leave credits
Proportional pay
C. Rendered less than 1 year in the govt.
(aggregate)
Maternity leave of 60 days
Half Pay ( 1 month )
Earn vacation and sick leave

Maternity leave shall be granted in

every
instance
of
pregnancy
irrespective of its frequency.

Maternity

leave with pay may be


granted even if delivery occurs just a
few days before the termination of
employees service.

oA

married or unmarried woman


employee can still avail of sixty (60)
days maternity leave with pay even if
she is on an extended leave of
absence with out pay.
o Contractual employees is entitled to
maternity leave
o A female employee who is on study
leave with pay is not entitled to avail
maternity leave benefits.

In
case
a
female
employee
returns to work before expiration of
her maternity leave she need not
refund the unexpired portion of the
leave, but should be paid the actual
number of days work.
Monthly salary rate
Salary = -------------------- x actual no. of
days work
22 days
Requirements:
1. Medical Certificate that she is physically fit
for work

Maternity Leave Benefits


under Republic Act No. 8552
( Domestic Adoption Act of
1998)
Sec. 34. Benefits The adoptive parents

shall with respect to the adoptive child,


enjoy all the benefits which biological
parents are entitled to. Maternity and
paternity
and other benefits given to
biological parents upon the birth of a child
shall be enjoyed of the adoptee is below
seven (7) years of age as of the date the
child is placed with the adopted parent
through
the
Pre- Adoptive Placement
Authority issued by the Department.

PATERNITY
LEAVE
refers to the privilege
granted

to a married
male employee allowing him not to report for
work
for seven (7) working days while
continuing to earn the compensation thereof,
on the condition that his legitimate spouse
has delivered a child or suffered a
miscarriage.
may

be enjoyed either in a continuous


or in an intermittent manner by the
employee on the days immediately
before, during and after childbirth.

Conditions of Paternity
Every
married male employee is
Leave
entitled to paternity leave of seven (7)

working days for the first four (4) of his


legitimate spouse with whom he is
cohabiting.
The
first four deliveries shall be
reckoned from the effectivity of the
Paternity Leave Act July 15, 1996 ( RA
8187)
Married employees 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

Special Leave Privileges


refers to leave of absence of officials and

employees may avail for a maximum of


three (3) days annually over and above the
vacation, sick, maternity and
paternity
leaves to mark personal milestone and/or
attend
to
filial
and
domestic
responsibilities.

Non-cumulative and
Non-Commutative

Sec. 21 Special Leave Privileges

a. Personal Milestone such as


birthdays/wedding anniversary
celebrations and other similar
milestones,
including
death
anniversaries.
b. Parental Obligations such
as
attendance
in
school
programs,
PTA
meetings,
graduations, first communion,
medical needs,among others,
where
the
child
of
the
government
employee
is
involved.

c. Filial obligations to cover the employees

moral obligation toward his parents and


siblings for their medical and social needs.
d. Domestic emergencies such as sudden
urgent repairs needed at home, sudden
absence of a yaya or maid, and the like.
Personal transactions to cover the entire
range of transactions an individual does
with government and private offices such
as
paying
taxes,
court
appearance,
arranging a housing loan, etc.
Calamity,accident,
hospitalization
leave
pertain to force majeure events that affect
the life,limb, and property of the employee
or his immediate family.

An employee can still avail of his birthday leave

or wedding anniversary leave if such occasion


falls on either a Saturday, Sunday or Holiday,
either before or after the occasion.
Employees applying for a special privilege shall
no longer be required to present proof that they
are entitled to avail of such leaves.
Three-day limit for a given year shall be strictly
observed. Special leave privileges are noncumulative and strictly non-convertible to cash.

REHABILITATION LEAVE
refers

to leave privileges granted to


officials or employees on account of
wounds or injuries incurred in the
performance of duty
maximum period of six months
absences shall not be charged to leave
credits
Officials
and employees entitled to
payment of salaries

STUDY LEAVE
( As Amended by MC No. 21, s
2004)
Is a time off from work not exceeding six

(6) months with pay for the purpose of


assisting qualified officials and employees
to prepare for:
Board examination or bar exam
to complete their masteral degree

not to exceed four (4) months

The leave shall be covered by a

contract between the agency


head
or
authorized
representative
and
the
employee. No extension shall
be allowed if the officials or
employees
avail
of
the
maximum period of leave
allowed.

Requirements:
Bachelors Degree which requires

the passing of the bar or a board


licensure examinations for the
practice of profession;
The profession or field of study to
be pursued must be relevant to
the agencys mandate, or to the
duties and responsibilities of the
concerned official or employee, as
determined by the agency head;

Must have rendered two years of


service with at least VS rating
for the last two rating periods
immediately
preceding
the
application.
No
pending
administrative
and/or criminal charges
Must
not have any current
foreign or local scholarship grant
and must have fulfilled the
service
obligation
of
any
previous
scholarship
and
training contract.

Must have a permanent appointment.


However, employees with coterminous
appointment maybe allowed to avail of
study leave provided that they :
1. Meet the requirements specified
herein;
2.Would be able to fulfill the required
service obligation; and
3. Are not related to the head of
agency or to any member of a collegial
body or board, in case of constitutional
offices and similar agencies, within the
4th degree of affinity or consanguinity.

SERVICE OBLIGATION
PERIOD

OBLIGATION

1 month
months

Two (2) to three (3) months

One (1)

year

more than 3 mos. to 6 mos.

years

Two (2)

If

the official or employee fails to


render in full the service obligation
referred to in the contract on account
of :

voluntary resignation
optional retirement

expiration of term of appointment


for
coterminous employees
separation from the service through
ones own fault,
or other causes within ones control,
the official or employee

He

shall refund
amount of

the

gross

salary
allowances
and

other benefits received


while
on
study
leave
proportionate to the balance of
the service obligation required
on the following formula:
(SOR-SOS)
R = ------------------ x TCR
SOR

Employees

under
probation
may
already avail of whatever leave credits
he has earned during said period.

Any

leave of absence without pay


incurred during the period shall extend
the completion thereof for the same
number of days of such absence

CSC

RESOLUTION NO. 04229


dated March 4, 2004 amends
Sec. 42 of the Omnibus Rules
on Leave

v Public officials and employees

on
extended
service
are
entitled to fifteen (15) days
vacation and fifteen (15) days
sick leave annually subject to
the following conditions:

v Leave credits earned are non-commutative.


Unused leave credits may not be converted to
their corresponding money value.
v Leave credits earned are non-cumulative.
Unused leave credits within the calendar year
may not be carried over to the succeeding
years.
v Executive Order No. 1077 dated January 9,
1986 and other laws and rules on leave are
applicable to officials and employees on
extended service insofar as they are not
inconsistent with the preceding guidelines.

CSC Res. No. 97-4643 dated


Dec. 18, 1997, Supremo,
An employee on service extension shall
Briccio
be entitled to salaries, allowances and
other remuneration, that are normally
considered part and parcel of an
employees compensation package ,
subject to existing regulations on the grant
thereof.

They are no longer entitled to:


v Salary increases
v Step increments
v Clothing allowances

The above-mentioned privileges are

contemplated to benefit an employee


in the long term and not within the
pre-determined extension period. The
fact that she is still actually rendering
service beyond the compulsory age
of retirement is deemed an exception
to the general rule.

WHO ARE ENTITLED TO LEAVE


PRIVILEGES
APPOINTIVE OFFICIALS & EMPLOYEES

LOCAL ELECTIVE OFFICIALS May 12,


1983
Officials
and
employees
enumerated under
Sec. 10, Rule
XVI O.R. as amended

APPLICATION FOR LEAVE


Form CS Form No. 6 Revised 1984
When to File
Vacation Leave leave of absence one

full day or more, at least 5 days in


advance, whenever possible.

Sick

Leave
immediately
after
employees return from such leave
(with medical certificate if more than 5
days
Filed in advance (with medical
certificate)

Scheduled Medical Operation

Scheduled Medical Check-Up

Advise to rest in view of ill health

Maternity Leave
General Rule - Filed Before the scheduled
delivery
Exceptions - Immediately after delivery
Paternity Leave - same as maternity leave
Special Leave Privileges - at least one week
prior to availment except on emergency cases
Rehabilitation Leave - immediately after jobrelated injury was incurred
Study Leave - prior to availment of study leave

APPROVAL OF LEAVE
APPLICATION
vacation of leave - discretionary on the

agency head
sick leave - ministerial duty of the agency
head
maternity leave
-doPaternity leave
-doSpecial Leave Prev. - Discretionary
Rehabilitation Leave - Mandatory
Study Leave
- Discretionary

Period to Act on Leave


Application
Head

of Agency
or
his
duly
authorized representative shall act on leave
application within
five (5)
working
days
after
receipt,
otherwise
the
leave
application
shall
be deemed
approved
( Sec. 49, Rule XVI, O.R.)

EFFECTS OF UNAUTHORIZED
LEAVE
Not entitled to salary corresponding to the

period of his unauthorized leave. His absences


shall not be deducted from his leave credits, if
there are any.
AWOL for 30 working days or more shall be
dropped from the rolls without prior notice.

The employee shall be informed of

his/her separation not later than


five (5) days from its effectivity.

AWOL is less than 30 working days. He

may be dropped from the rolls if the


following conditions are met:
Written Return to Work Order shall be
served to the employee at his last
known address on record,
with
a
warning, that if he failed to report
to duty on or before the specified date
He will be dropped from the rolls.
Failure of the employee concerned to
report for work within the period stated
in the Order shall be a valid ground to
drop him/her from the rolls.

Computation of Leave
Sec. 1. Entitlement to leave privileges

In general, appointive officials up to


the
level
of
heads of executive
departments, heads of departments,
undersecretaries 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.

Employees

rendering on a part-time
basis are entitled to vacation and sick
leave
benefits proportionate to the
number of works rendered.
Employees on a rotation basis shall be
entitled to vacation and sick leave
corresponding to the periods of service
rendered by them.
Employees on extended service after 65
years earn leave credits but shall be noncumulative and non-commutative.

Contractual

employees
are
likewise
entitled to vacation and sick leave credits
as well as special leave privileges provided
in Sec. 21
Local elective officials are entitled to
leave privileges effective May 12, 1983
pursuant to BBP 337 and Local Government
Code of 1991 (RA7160)

How do we earn leave


credits?
VL w/ pay

VL
/

SL w/ pay

SL
/
/

SL w/out pay

VL w/out pay

/
/
x

Accumulation of Vacation
and Sick Leave Credits
No limit

Mandatory Forced Leave Pursuant to E.O. 1077


All officials and employees

with 10 days or more


vacation leave credits are required to go on five
(5) days mandatory forced leave.
Agency head should scheduled a staggered FL
in consultation with its personnel
Forced leave not taken during the year shall still
be deducted from his VL credits except when his
scheduled leave was cancelled in the exigency of
the service by agency head.
Vacation leave of absence of one (1) full day or
more considered for purposes of mandatory
leave.
Those who retire, resign or separate from the
service during the year, if they have not yet
enjoyed FL. The FL of 5 days no longer be
deducted.
Employees with less than 10 days VL credits has
still the option to go on FL.

COMMUTATION OF LEAVE
In the service
q Monetization ( Sec. 22 to Sec. 24)
q Commutation prior to leave ( Sec.31

Separation from the service


q Terminal Leave ( Sec. 26; Sec. 35-42)
q
Clearance from the Ombudsman no longer
required (Sec.36)

Effective January 1, 2002

The computation of the money value


of Monetized Leave Credits is the
same as that of the Terminal Leave
Benefits in accordance with CSC
Memorandum Circular No. 14, s. 1999.

Monetization of Leave
Credits
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

CSC and DBM Joint Circular No.


2-97
xxx
Sec. 1 Officials

and employees in the


career and non-career service whether
permanent. provisional, temporary or casual,
shall be allowed to monetize a maximum of
thirty days vacation leave/ service credits
subject to the following conditions:

1. There
shall remain five (5) days
vacation
leave/service credits
after monetization
2. Said official or employee has accumulated
no
less than fifteen (15) days vacation
leave/service
credits in which case he
can monetize no more
than ten (10)
days

CSC Resolution No. 020731


Amendment to Sec. 23 Rule XVI of the Omnibus

Rules on Leave ( CSC MC No. 41 s. 1999)


Sec. 23 Monetization of 50% or more of
vacation/sick leave credits
Monetization of fifty (50%) or more of
the accumulated leave credits may be
allowed for valid and justifiable reasons
such as ;
1. Health medical and hospital needs of
the employee and immediate
members of his family

Financial aid and assistance brought about by

force majeur such as calamities, typhoon, fire,


earthquake and accidents that affect the life,
limb and property of the employee and his/her
immediate family;
Education needs of the employee and the
immediate members of his family;
Payment of mortgages and loans which were
entered for the benefit or which inured to the
benefit of the employee and his/her immediate
family;

In case of extreme financial needs of the

employee of his/her immediate family


where the present sources of income are
not enough to fulfill basic needs such as
food, shelter and clothing
Other
analogous cases as may be
determined by the Commission

TERMINAL LEAVE
Is applied for by any official or 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
employees resignation,
retirement
or
separation from the service. It must be
shown first
that public
employment
ceased
by any of the said modes of
severances.

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.
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.

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.

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.

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
Transferred to his new agency
provided he has no gap in the service
A gap of not more than one month may be

allowed provided same is not due to his fault


Leave benefits cannot be forfeited by the
simple expedient of executing an affidavit or
document of waiver

The
option
to
transfer
accumulated leave credits can
be exercised within one (1)
year only from the employee
transfer to the new agency.

This is not applicable to


transfer of leave credits of
uniformed personnel from the
military to the civilian service.
When transfer of leave credits

is denied, an
official
or
employee
may
claim the
money value of such leave
credits from the office where
earned.

Effects of Pending
Administrative Case

Employee is not barred from enjoying

leave privileges (Sec.61) (Sec. 17)


If
employee
is
preventively
suspended:
Should

the
employee
be
on
maternity/paternity leave, preventive
suspension
shall
be
deferred
or
interrupted ( MC No. 14 s. 1999)

Effects of Decision in Administrative


1. Dismissal
Case

employee is entitled to terminal leave even if he is


penalized for dismissal ( Sec. 65 )
2. Exoneration
An employee who has been dismissed from the
service but who was later exonerated and later
reinstated, is entitled to the leave credits during
period they were out of the service. ( MC 19 s. 1999)
3. An employee shall not be charged the 5 days
mandatory leave ( CSC Res. No. 99-1936 )

Leave Without Pay


All absences of an official or employee

in excess of his accumulated vacation


and sick leave credits earned shall be
without pay.
When
an
employee
has
already
exhausted his sick leave credits , he
can use his vacation leave credits and
not vice versa
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.
Leave without pay shall not be
granted
whenever an employee has leave with pay to
his credit except in case of secondment.
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.

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 onestep increment will only be delayed for the
same number of days that an official or
employee was absent without pay.