The Civil Service Rules on

Leave
I: LEAVE OF ABSENCE
What is the nature of a Leave
of Absence?
 It is in the nature of a right.
 It is granted to officials and
employees as a right not to
report for work with or without
pay as may be provided by
law and as the CSC rules
prescribe.
What is the effect of a failure of the head
of agency to act on an application for
leave?
 The application for leave
shall be deemed approved if
the same had not been acted
upon by the head of agency
or his representative within
five (5) days from the filing of
the application
What is the effect of an absence
without prior approval?
 The employee shall not be
entitled to receive his salary
corresponding to the number of
days he was absent.
 If the employee has outstanding
leave credits, his absence shall
not be deducted therefrom
Is the practice of filing a leave of absence
after the employee has been absent
correct?
 NO. An application for leave for at least one
(1) day or more must be filed in advance or
not later than five (5) days from the date of
the intended leave of absence.
 An absence, even if it is in the nature of a
right, may not be exercised whimsically but
with caution. An employee who seeks to be
absent from his functions must bear in mind
that he does so to the detriment of the public
that he serves.
After ten years of service as a teacher, A files for a
monetary claim and seeks conversion of her leave credit
to its equivalent in cash. May her claim be allowed?
 No. A’s claim may not be allowed.
 Teachers  are not 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.  
 Provided that the teacher has rendered
continuous service in a school year and
has not incurred more than 1 ½ days of
absence without pay.
Is the above rule absolute?
 NO. Teachers who are
designated to perform non-
teaching functions and who are
required to render the same
hours of service as other
employees are entitled to
vacation and sick leave credits.
When may a teacher avail of
vacation service credits?
 DepEd Order No. 53, s. 2003
 The teacher may avail of vacation service
credits when he has rendered activities
during the summer or Christmas vacation,
as authorized by proper authority.   
 It is granted only for work beyond regular
functions or beyond regular work hours/days
where payment of honorarium or overtime
pay is not possible. 
 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.  
 One (1) work day is used to offset one (1) day
of absence.
What activities are eligible for the
granting of service credits?
1. Registration and election days as long as
these are mandated duties;
2. Calamity and rehabilitation when schools
are used as evacuation centers;
3. Conduct or remedial classes during the
summer or Christmas vacation or
outside of regular school days;
4. Early opening of the school year;
5. School sports competitions held outside
regular school days;
6. Training teachers in addition to their normal
teaching loads;
7. Teaching overload not compensated by
honoraria;
8. Teaching non-formal education classes in
addition to teaching formal education classes
carrying a normal teaching load;
9. Work done during regular school days if these
are in addition to the normal
teaching load;
   
10.Conduct of testing activities held outside of
school days; and
11.Attendance/participation in special DepEd
projects and activities which are
short-term in duration such as English,
Science and Math Mentors’ Training,
curriculum writing workshop, planning
workshop, etc., if such are held during
summer vacation or during week ends.
On the other hand, some activities may not
make a teacher eligible for service credits. What
are these activities?
1. in-service training programs fully funded by the
government;
2. assignment to clerical work, such as checking
forms and finishing reports;
3. reassignment of teachers to duty in another
bureau of office (detailed in
another office);
4. assignment in connection with exhibits at a fair;
5. postponement of regular teacher’s vacation; and
6. time spent in travelling to and from station to the
place where services are
rendered.
What is the effect of an absence
without approved leave?
 An official or employee who is absent without approved
leave for at least 30 working 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.
 However, when it is clear under the obtaining
circumstances that the official or employee concerned, has
established a scheme to circumvent the rule by incurring
substantial absences though less than 30 days 3x in a
semester, such that a pattern is already apparent, dropping
from the rolls without notice may likewise be justified.
 All absences in excess of his accumulated vacation or sick
leave credits earned shall be without pay.    If an employee
had already exhausted his sick leave credits, he can use his
vacation leave credits but not vice versa.
A: ABSENTEEISM AND
TARDINES
When can an employee be considered
habitually absent/tardy?
 Habitually Absent
 If he incurs unauthorized absences
exceeding the allowable two and half (2.5)
days monthly leave credits for at least three
(3) months in a semester or at least three
(3) consecutive months during the year.
 Habitually Tardy
 if he incurs tardiness, regardless of the
number of minutes, ten (10) times a month
for at least two (2) months in a semester or
at least two (2) consecutive months during
the year.
B: UNDER TIME AND HALF-
DAY ABSENCE
 CSC Resolution No. 101357,
June 06, 2010
(Guidelines on under time)
 Any officer/employee who incurs under time,
regardless of the number of minutes/hours,
ten (10) times a month for at least  two
months in a semester shall be liable for
Simples Misconduct and/or Conduct
Prejudicial to the Best Interest of the
Service;
 Any officer/employee who incurs
undertime, regardless of the number of
minutes/hours, ten (10) times a month
for at least  two months consecutive
months during the year shall be liable
for Simples Misconduct and/or Conduct

Prejudicial to the Best Interest of the

Service;
Guidelines on Half Day
Absence ()
 
·                    
 CSC Resolution No. 101358,
June 6, 2010
(Guidelines on Half-day Absences)
 Any officer/employee who is absent in the
morning is considered to be tardy and is
subject to the provisions on Habitual
Tardiness; and
 Any officer/employee who is absent in the
afternoon is considered to have incurred
undertime,  subject to the provisions on
Undertime.
II: OTHER LEAVE PRIVILEGES
 Maternity Leave
 DURATION: 60 days with full pay
 CONDITIONS:
a. The employee must be a woman, who may
either be married or un married, in every
instance of pregnancy irrespective of its
frequency.
b. The employee must have rendered an
aggregate of two (2) or more  years of service.
c. The privilege should be availed of either before
or after the actual delivery period in a
continuous and uninterrupted manner.
May a teacher avail of her maternity leave
privilege if she delivers during a long
vacation?
 Yes, She may avail of the
privilege and shall be
entitled to receive both
the maternity benefits and
proportional vacation
pay.
If the service rendered is less than two
years, is a woman employee entitled to
maternity benefits?
 Yes. Maternity benefits for 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.  
 Those who have served for less
than one (1) year shall be entitled
to 60-day maternity leave with half
pay.
Can maternity benefits be granted to a woman
employee who has been ordered dismissed or
separated from the service?
 Yes, if the delivery occurs not
more than 15 calendar days
after the termination of the
employee’s service since her
right thereto has already
accrued.
Is a woman with pending administrative
case entitled of maternity leave of
absence?
 Yes, she is entitled to
maternity leave with pay.
If an employee on maternity leave shall report back to
work before the expiration of the maternity leave, will she
be required to reimburse the benefits already received?
 No.  The leave privilege has already accrued
to her benefit, thus she is no longer obligated
to reimburse the benefits she has earned.
 she will receive both the benefits and actual
services rendered effective on the day she
reports for work. 
 However, she should present a medical
certificate that she is physically fit to assume
the duties of her position.
 Paternity Leave
 DURATION: 7 working days with full pay
 CONDITIONS:
a. The employee must be a married male
employee.
b. First four (4) deliveries of legitimate spouse.
c. The leave is non-cumulative and non-
convertible to cash.
d. It can be enjoyed on the days immediately
before, during or after the childbirth or
miscarriage of his legitimate spouse, either
Intermittent or continuous.
How shall the privilege be availed of by an
employee who has more than two legal
spouses?
 The employee may avail of the
paternity leave for an absolute
maximum of only four (4) deliveries

regardless of whichever spouse

gives birth.
 Parental Leave
 It is a leave benefit granted to a solo
parent to enable said parent to perform
parental
duties and responsibilities where
physical presence is required.
 DURATION: 7 days with full pay in
addition to existing leave privileges.
 CONDITIONS:
a. The solo parent must have rendered 
government service for at least one (1) 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.
b. It can be availed of on a staggered or
continuous basis, subject to the approval of the
head  of agency/office.  
c. It shall be availed of every year otherwise it is
forfeited.
d. It is not be convertible to cash.
e. Accordingly, the solo parent shall submit the
application for parental leave at
least  one (1) week prior to its availment,
except on emergency cases.
When may the leave privilege
be availed of?
 The employee shall attend to personal
milestones of a child such as birthdays, first
communion, graduations and other similar
events;
 perform parental obligations such as
enrolment 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.
 
Who is considered a solo
parent?
 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;
 parent left solo or alone with the responsibility of
parenthood due to
any of the following circumstances:
– death of spouse
– detention of the spouse or serving sentence for a
criminal conviction for at least one (1) year;
– physical/mental incapacity of spouse as certified by a
public medical practioner;
 – legal separation or de facto separation from
spouse for at least one year provided he/she
has custody of the children;
– 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
– abandonment of spouse for at least one year
 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;

 
 
 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;
 Any family member who assumes the
responsibility of head of family as a
result of the death, abandonment, disappearance
or prolonged absence of the
parents or solo parent:  Provided, that such
abandonment, disappearance, or
absence lasts for at least one (1) year.
What is the procedure in
availing of Parental Leave?
1. Solo parent shall present a Solo Parent Identification Card
issued by the Municipal/City Social Welfare and
Development Office
2. Submit the application for parental leave (CS Form 6)
supported by certified true copy of the Solo Parent ID and
birth certificate of the child/children, and medical
certificate, if necessary
3. Based on the documents submitted, the immediate
supervisor/division chief will recommend
approval/disapproval of the application
4. The HRMO/personnel officer evaluates the application for
leave
5. The Head of Agency/Office approves/disapproves the
application.
May an application for
parental leave be denied?
 Approval of parental leave application is
mandatory, provided it is in order. 
 Non-approval without justifiable reason shall
be a ground for appropriate sanction against
the official concerned.
 10-day Leave under R.A. 9262
 Who are entitled of the ten-day paid
leave of absence?
1. Any woman employee in the government
service regardless of employment
status, who is a victim of violence.
2. 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.
 CONDITIONS:
a. The application for leave is filed,
whenever practicable, before the
actual
leave of absence or immediately
upon the woman employee’s
return form such
leave, accompanied by any of
the following:
 Barangay Protection Order (BPO) obtained from
the barangay;
 Temporary/Permanent Protection Order
(TPO/PPO) obtained from court;
 Certification issued by the Punong
Barangay/Kagawad or Prosecutor or the Clerk of
Court as to that application for BPO, TPO or PPO
has been filed the said office, if no such Order has
been issued; or
 at the discretion of the immediate supervisor, in
the absence of BPO/TPO/PPO or certification, a
police report specifying the details of the
occurrence of violence  and a medical certificate.
b. the ten-day leave can be
availed of in a continuous or
intermittent manner;
c. It is non-cumulative and
non-convertible to cash.
d. Leaves not availed of are
considered waived.
 
 Study Leave
for Public School Teachers pursuant
to R.A. 4670
 DURATION: one school year except when an
additional semester is necessary to finish a thesis
for graduate study  in education or allied courses
in which case, the employee is no longer entitled
to compensation.
 Conditions:
1. The teacher has rendered at least 7 seven years
of continuous service.
2. The teacher shall take the regular study load as
prescribed by the
school and shall pass at least 75% of his courses.
4. Less or more loads than the regular is
considered “taking the regular
load” when the teacher is graduating and it is 
required to complete the course.
5. If the teacher fails to pass at least  75% of his
courses, he shall refund the amount paid to
him.  Refund shall be made in monthly
instalments of not less than 20% of his actual
monthly salary.  
Are the above conditions
absolute?
 NO. If the teacher contracts an
illness or suffers an injury, he
may be excused from
complying with some or all of
the conditions.
 Study Leave
For Officials and employees
 Conditions:
1. The teacher has rendered at least 7 seven
years of continuous service.
2. The leave may not exceed one school year
except when an additional semester is
necessary to finish his thesis for graduate
study  in education or allied courses in which
case, he is not anymore entitled to
compensation.
3. The teacher shall take the regular study load
as prescribed by the
school and shall pass at least 75% of his
courses.
 Study Leave
for Public School Teachers pursuant
to R.A. 4670
 DURATION:
 not exceeding 6 months with pay –  when preparing for
board/bar.
 not exceeding 4 months with pay-  for completion of
master’s degree.

 Conditions:
1. The leave shall be covered by a contract between
the agency head and the employee.
2. beneficiaries shall be selected based on the
following:
 – graduated with  a bachelor’s degree that requires the passing of
the bar or a board licensure examination for the practice or
profession;
– profession or field of study to be pursued must be relevant to the
agency’s mandate, or to the duties and responsibilities of the
concerned official or employee, as determined by the agency head;
– The employee must have rendered at least two (2) years of service
with at least very satisfactory performance for the last two rating
periods
immediately preceding the application;
3. The employee must have no pending administrative
and/or criminal charges
4. The employee must not have any current foreign or
local scholarship
grant;
5. The employee must have fulfilled the service
obligation of any previous training/scholarship/study
leave grant;
6. The employee must have a permanent appointment. 
(Employees with
coterminous appointment may be allowed to avail of
study leave provided that they meet the requirements
in the preceding numbers and should not be related
within the 4th civil degree of affinity or consanguinity
to the head of the agency or board member.)
7. The employee is required to render service obligation
to the agency

 Period of Grant Service Obligation:

1 month = 6 months
2-3 months = 1 year 
More than 3 months
to 6 months = 2 years
 Sick Leave
 CONDITIONS:
1. It shall be granted only on account of sickness or disability
on the part of the employee concerned or of any member or
his immediate family. 
2. Approval thereof, whether with pay or without pay, is
mandatory provided proof of sickness or disability is attached
to the application in accordance with the requirements.
3. The employee shall notify  his immediate supervisor/agency
head of his absence
4. Upon his return, he shall file his  application for sick leave in
the
prescribed form.  
5. Sick leave in excess of five (5) days shall be accompanied
by a proper
medical certificate.
6. If the employee will undergo medical examination or
operation or advised to rest in view of ill health duly
supported by a medical certificate, sick leave may be applied
in advance.
7. In ordinary application for sick leave already taken not
exceeding five
(5) days, the agency head may determine whether or not
granting of sick leave is proper. 
8. In case of doubt, a medical certificate may be required.