RIGHTS AND PRIVILEGES OF TEACHERS

11/12/22 DepEd Northern Samar Division 1

GOVERNMENT WORKING HOURS

11/12/22 DepEd Northern Samar Division 1

Legal Bases:

- CSC Memorandum Circulars

- DepED Order/Memorandum/Advisory
Flexible Working Hours:

7:00am to 7:00pm

Flexible Working Hours may be allowed subject to the discretion of

the head of the department or agency. In no case shall the working
hours be reduced in the event the department or agency adopts the
flexi-time schedule in reporting to work.

(Sec. 7, Rule XVII of Omnibus Rules implementing Book V of EO 292)

Flexible Working hours shall apply to all NON TEACHING
PERSONNEL which shall start from 7:00AM to 9:30AM and
ends from 4:00PM to 6:30PM

Despite the adoption of flexible working hours, heads of offices

shall ensure the continuous delivery of service in their respective
offices during the core working hours of 8:00AM to 5:00PM

DepEd Order No. 23, s, 2018

(RA No. 4670, Magna Carta for Public School Teachers)
(DepEd Memo No. 291, s. 2008)
TEACHER’S WORKING HOURS
Teachers may be authorized to alter
scheduled activities of their individual classes
but the exercise of this authority must be
balanced by the professional responsibility of
the superintendents, school heads and
teachers to ensure that students obtain the
full benefit of the curriculum based
instruction for the prescribed number of
school days contained in the school calendar

DepEd Order No. 9, s. 2005

 Frequent Unauthorized Absences (Habitual
Absenteeism), Tardiness in Reporting for Duty, and
Loafing from Duty during Regular Office Hours are grave
offenses punishable by suspension of six (6) months and
one (1) day to one (1) year for the first offense and
dismissal from the service for the second offence.

(Section 46 (b) (5) Revised Rules on Administrative Cases in the Civil Service)
Frequent unauthorized tardiness (Habitual Tardiness) is a light
offense punishable by reprimand for the first offense,
suspension of one (1) to thirty (30) days for the second
offense, and dismissal from the service for the third offense.
It is committed when an official or employee incurs tardiness,
regardless of the number of minutes , ten (10) times a month
for at least two (2) consecutive months during the year.

The classification of Habitual Tardiness as either a grave

offense or a light Offense would depend on the frequency or
regularity and its effects on the government service.

(Section 46 (f) (4) Revised Rules on Administrative Cases in the Civil Service)
“A DTR is not a mere document. It is impressed with official
character, since it is a record of an employee’s attendance and
its preparation finds sanction under existing civil service law and
rules (Beradio v. CA 103 SCRA 567). This being the case, its
entries are deemed prima facie evidence of the facts therein
stated, in line with the rule enunciated in the case of US v. Que
Ping (40 Phil 17), that entries in public records made by a public
officer in the performance of his duty are prima facie proof of
the facts expressed therein. While not conclusive, clear and
convincing evidence is still needed to defeat its recital of facts.
OBSERVANCE OF FLAG CEREMONIES

Pursuant to Section 18 of Republic Act (RA) No.

8492 otherwise known as the Flag and Heraldic Code
of the Philippines, all government offices and
educational institutions are required to participate in
the Observance/Conduct of Flag Raising Ceremonies
every Monday morning and Flag Lowering Ceremonies
every Friday afternoon.
 Consistent with Section 18 of RA 8491, all central,
regional, schools division offices, and private and public
schools nationwide shall henceforth observe the Flag
Lowering Ceremonies every Friday afternoon. The
ceremony shall be simple and dignified and shall include the
playing or singing of the Philippine National Anthem.

DepEd Order No. 23, s. 2018

 LEAVE BENEFITS

11/12/22 DepEd Northern Samar Division 1

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?
LEAVE OF ABSENCE

• 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?
LEAVE OF ABSENCE

• 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

(service) credits, his absence shall not
be deducted therefrom
Is the practice of filing a leave of absence
after the employee has been absent
correct?
LEAVE OF ABSENCE

• NO. An application for leave must be filed in

advance at least 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 not to the detriment of the
public that he serves.
105 Day Expanded Maternity Leave Law

11/12/22 DepEd Northern Samar Division 1

COVERAGE

All female workers in the Public and

Private Sectors, Informal Economy,
Members of the SSS who are
voluntary contributors and female
national athletes
BENEFITS

1. 105 days, with full pay, for live childbirth

regardless of mode of delivery
2. Additional 15 days paid leave if the female
worker qualifies as a solo parent under RA
no. 8972
3. Extension of 30days at the option of the
female worker, with or without pay
4. 60days paid leave for miscarriage and
emergency termination of pregnancy
GRANT OF LEAVE

All covered females regardless of

civil status, employment status,
length of service and the legitimacy
of her child.
MANNER OF ENJOYMENT

1. Either before or after the actual

period of delivery
2. Continuous and uninterrupted
manner
3. Postnatal care must not be less
than 60days.
FREQUENCY OF GRANT

Maternity Leave shall be granted to a

qualified female worker at every
instance of pregnancy, miscarriage,
or emergency termination of
pregnancy regardless of frequency
EXTENSION OF LEAVE

An additional 30days can be availed of,

at the option of the female worker,
provided that:

1. Employer shall be given due notice;

2. Notice must be in writing;
3. Notice must be given at least 45days
before the end of the maternity leave
EXTENSION OF LEAVE

The female worker who opted to extend

her maternity leave for an additional
30days may:

1. File an application leave without pay;

2. Use her earned sick leave or service
credits;
3. If sick leave is exhausted, use vacation
leave credits.
NOTICE OF PREGNANCY AND
APPLICATION FOR MATERNITY LEAVE

The female worker shall give prior notice to

the head of agency of her pregnancy and
availment

1. At least 30days in advance

2. Specifying the effective date of the
leave, whenever possible
3. A clearance from money, property and
work-related accountabilities shall be
secured
MANNER OF PAYMENT

Money, property and work-related

accountabilities shall not deprive
the female worker of the availment
of her maternity leave benefits
CONSECUTIVE PREGNANCIES AND
MULTIPLE CHILDBIRTHS

In case of overlapping of maternity

benefit claims, the female worker shall be
granted maternity benefits for two
contingencies in a consecutive manner.

The female worker shall be paid one

maternity benefit, regardless of the
number of offspring, per childbirth or
delivery.
Maternity Leave in Teaching Profession

• Female teachers in the teaching

profession may also avail of
maternity leave even during long
vacations. Both maternity leave
and PVP shall be granted.
OTHER SALIENT FEATURES

• Grant of leave benefit with full pay

even if the childbirth, miscarriage, or
emergency termination occurs not
more than 15calendar days after
the termination of an employee’s
service.
ALLOCATION OF MATERNITY LEAVE CREDITS

A female worker may allocate her

maternity leave credits to the Child’s
Father or Alternative Caregiver:
1. At the option of the female worker
2. Up to 7days of said benefits
3. Whether or not the same is
married to the female worker
ALLOCATION OF MATERNITY LEAVE CREDITS

The allocated benefit granted to the

child’s father is over and above that
which is provided under the Paternity
Leave Act of 1996
ALLOCATION OF MATERNITY LEAVE CREDITS

Allocation to Alternate Caregiver maybe

done in case of death, absence or
incapacity of child’s father, who may be
any of the following:

1. Relative within the 4th degree of

consanguinity; or
2. Current partner, regardless of sexual
orientation or gender identity
ALLOCATION OF MATERNITY LEAVE CREDITS

Other important points:

1. Written notice shall be submitted
to the head of agency
2. Maybe availed in a continuous or
in an intermittent manner
3. Availment shall not be later than
the period of the maternity leave
ALLOCATION OF MATERNITY LEAVE CREDITS

In case full pay is given to the female

worker, the child’s father or the
alternate caregiver, as the case
maybe, shall only be excused from
work (leave without pay), which
shall not be considered gap in the
service.
DEATH OR PERMANENT INCAPACITY OF THE
FEMALE WORKER

If female worker have already been paid, the

child’s father or alternate caregiver shall be
entitled to the remaining unexpired leave
credits of the female worker, if there be any,
without pay. And shall not be considered as
a gap in the service.
OTHER SALIENT FEATURES

• Grant of leave benefit with full pay

shall be enjoyed by a female worker
even if she has a pending
administrative case
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.
 SICK LEAVE
for non teaching and teaching

CONDITIONS:

• Granted only on account of sickness or disability on

the part of the employee concerned or of any
member or his immediate family. 

• Either with pay or without pay

• The employee shall notify  his immediate

supervisor/agency head of his absence

11/12/22 DepEd Northern Samar Division 56

 SICK LEAVE
for non teaching and teaching

• File  application for sick leave in the prescribed

form (CSC Form 6).  

• Sick leave in excess of five (5) days shall be

accompanied by a proper medical certificate.

• 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.

11/12/22 DepEd Northern Samar Division 57

 SICK LEAVE
for non teaching and teaching

• 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. 

• In case of doubt, a medical certificate may be

required.

11/12/22 DepEd Northern Samar Division 58

 VACATION LEAVE
for non teaching

• Granted for personal reasons

• Approval is contingent upon the necessities

of the service.

• VL must be filed 5 days in advance,

whenever possible

11/12/22 DepEd Northern Samar Division 59

REMINDER!!!

• All absences in excess of accumulated

vacation, sick leave or service 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.
 FORCED LEAVE
for non teaching

• Mandatory annual 5-day vacation leave

• Forfeited if not taken during the year

• Deducted from accrued vacation leave

credits if not availed

11/12/22 DepEd Northern Samar Division 61

 SPECIAL PRIVILEGE LEAVE
for non teaching

• Annual 3-day vacation for personal

milestones

• Forfeited if not taken during the year

11/12/22 DepEd Northern Samar Division 62

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.
TEACHERS LEAVE AND SERVICE CREDITS
(DO No. 53, s. 2003)

• leave credits earned for services rendered on

activities during summer or Christmas
vacation or in the course of the regular
school year, as authorized by proper
authority

• Used to offset on account of illness

11/12/22 DepEd Northern Samar Division 64

PROCEDURES
(DO No. 53, s. 2003)

Steps to be followed:
1. Head of Office/School recommends approval of
request to render service.
2. SDS approves/disapproves request

For issuance of Special Order, the following shall be

submitted:
1. Accomplishment Report
2. Duly signed DTR
3. Authority/Issuance/ approval of SDS
11/12/22 DepEd Northern Samar Division 65
OTHER RULES
(DO No. 53, s. 2003)

• Number of days granted shall not

exceed 15days in one year except as
authorized by Secretary

• Shall not be granted without previous

authority

11/12/22 DepEd Northern Samar Division 66

 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

11/12/22 DepEd Northern Samar Division 67

 PATERNITY LEAVE

• Married male employees with more

than one (1) legal spouse shall be
entitled to avail of paternity leave for
an absolute maximum of four (4)
deliveries regardless of whichever
spouse gives birth

11/12/22 DepEd Northern Samar Division 68

 PATERNITY LEAVE

Requirements:

1. Duly accomplished Form 6

2. Birth Certificate of the child
3. Marriage Certificate, if needed

11/12/22 DepEd Northern Samar Division 69

PARENTAL LEAVE
(RA No. 8972 otherwise known as SOLO PARENTS’ WELFARE
ACT OF 2000)

A SOLO PARENT may avail for a 7-day Leave

privilege provided that:

• Rendered at least 1 year of service

• Availment is either continuous or staggered
• Regardless of employment
• Presented a Solo Parent ID
• Filed the application for leave within
reasonable time period

11/12/22 DepEd Northern Samar Division 70

PARENTAL LEAVE
(RA No. 8972 otherwise known as SOLO PARENTS’ WELFARE
ACT OF 2000)

Requirements:

1. Duly Accomplished Form 6

2. Solo Parent ID
3. Birth Certificate, if necessary

11/12/22 DepEd Northern Samar Division 71

REHABILITATION LEAVE
(CSC-DBM Joint Circular No. 01, s. 2006)

Officials and employees may be entitled

for a maximum of six (6) months provided
that:
• Wounds and/or injuries sustained while
in the performance of official duties
• Must be recommended by a medical
authority
• May be continuous or intermittent

11/12/22 DepEd Northern Samar Division 72

REHABILITATION LEAVE
(CSC-DBM Joint Circular No. 01, s. 2015)

• Injuries from accidents while the official

or employee is going to work and going
home from work may be considered
sustained while in the performance of
official duties
• Agency heads, in the exercise of sound
discretion, shall examine and consider
the prevailing factors/conditions
11/12/22 DepEd Northern Samar Division 73
REHABILITATION LEAVE
(CSC-DBM Joint Circular No. 01, s. 2015)

Requirements:

1. Duly Accomplished Form 6

2. Medical Certificate from attending
physician or any competent
government physician

11/12/22 DepEd Northern Samar Division 74

10-day Leave under RA 9262
(Anti-Violence Against Women and their Children Act of 2004)

Any Women employee in the government service

regardless of employment status whose:

• A victim of violence as defined under sec. 3 of the RA

9262

• Whose child is a victim of violence as defined therein

and whose age is below 18 or above 18 but unable to
take care of himself/herself

• The 10 day leave can be availed of in a continuous or

intermittent manner

11/12/22 DepEd Northern Samar Division 75

10-day Leave under RA 9262
(Anti-Violence Against Women and their Children Act of 2004)

Requirements:

1. Duly Accomplished Form 6

2. Police Blotter, BPO, PPO, TPO or any document
showing occurrence of violence
3. Birth Certificate of the child, as the case maybe

11/12/22 DepEd Northern Samar Division 76

Other Benefits
Special Leave Benefits for Women
(RA 9710-Magna Carta of Women)

• Women employee having rendered

continuous aggregate employment service
of at least 6 months for the last 12 months

• 2 months leave with full pay based on her

gross monthly compensation following
surgery caused by gynecological disorders

11/12/22 DepEd Northern Samar Division 77

Other Benefits
Special Leave Benefits for Women
(RA 9710-Magna Carta of Women)

Requirements:

1. Duly accomplished Form 6

2. Medical Certificate from the attending
physician or operative record from a
hospital

11/12/22 DepEd Northern Samar Division 78

Other Benefits
Special Emergency Leave Affected by Natural
Calamities/Disasters-CSC MC 2, s.2012

• 5-day emergency leave shall be granted

• It can be applied for 5 straight working
days or on staggered basis
• Can be availed of by the affected
employee within 30 days from the 1st
day of calamity declaration by proper
government authority

11/12/22 DepEd Northern Samar Division 79

Other Benefits
Special Emergency Leave Affected by Natural
Calamities/Disasters-CSC MC 2, s.2012

Requirements:

1. Duly Accomplished Form 6

2. Resolution from a proper government
authority declaring the State of
Calamity

11/12/22 DepEd Northern Samar Division 80

Study Leave

Employee shall be selected for Study Leave based on the

following:

• Graduated with a bachelor’s degree which requires the

passing of government bar and board examinations
• Field of study to be pursued is relevant to the
employees duties and responsibilities
• Permanent employee
• At least 2 years in service for Non Teaching and 7years
for Teaching with at least VS Rating

11/12/22 DepEd Northern Samar Division 81

Study Leave

• No pending administrative and criminal charges

• Must not have any current foreign or local scholarship

grant

• Must fulfill the service obligation of any previous

scholarship and training contract

• If the teacher fails to pass at least 75% of his courses, he

shall refund the amount paid

11/12/22 DepEd Northern Samar Division 82

Study Leave

• Period of Service Obligation:

1 month = 6 months
2-3 months = 1 year 
More than 3mos. to 6 months =
2 years

11/12/22 DepEd Northern Samar Division 83

Study Leave

Requirements:
1. Letter to the School Head
2. Endorsement by the School Head to SDS
3. Certification from the School Head that someone
will take over the loads of the teacher
4. Contract Agreement between the teacher and
DepEd indicating the rendition of service
corresponding to the length of study leave

11/12/22 DepEd Northern Samar Division 84

Study Leave

Requirements:
5. Permit to Study
6. Medical Certificate for purposes of Study Leave
7. District/School and Division Clearance
8. Administrative Clearance

11/12/22 DepEd Northern Samar Division 85

FILING OF APPLICATION FOR LEAVE

• Sick leave must be filed within 3days from

the date of return to work

• Other types of leave should be filed in

advance, whenever possible 5days before
the intended absence

11/12/22 DepEd Northern Samar Division 86

What is the effect of an absence
without approved leave?
ABSENCE WITHOUT OFFICIAL 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.
ABSENCE WITHOUT OFFICIAL LEAVE

• 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.
ABSENCE WITHOUT OFFICIAL LEAVE

• not entitled to salary but absence not deducted from accumulated

leave credits

• AWOL for 30 working days, 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 working days 3 times in a semester, such that a pattern is
already apparent, dropping from the rolls without prior notice
may likewise be justified [CSC MC No. 13, d. July 25, 2007]
ABSENCE WITHOUT OFFICIAL LEAVE

• If AWOL for less than 30 working days,

written RETURN-TO-WORK ORDER to
last known written address on record
should be served

Failure to report, valid ground for

dropping from the rolls.
ABSENCE WITHOUT OFFICIAL LEAVE

• Issue: Whether or not an employee who had been

arrested & detained in jail may be declared on AWOL.

Ruling:

No. His/her services are automatically suspended

during the period of his/her detention, hence, there
could be no basis to declare him on AWOL. [CSC Res.
No. 991879, dated Aug. 23, 1999; Nelda Q. Norona]
KINDS OF LEAVE BENEFITS

• SICK LEAVE for non teaching and teaching

• TEACHER’S LEAVE thru the grant of service credit

• VACATION LEAVE for non teaching

• SPECIAL PRIVILEGE LEAVE for non teaching

• FORCED LEAVE for non teaching

• MATERNITY LEAVE
KINDS OF LEAVE BENEFITS

• PATERNITY LEAVE

• REHABILITATION PRIVILEGE

• STUDY LEAVE

• SPECIAL EMERGENCY LEAVE

(Natural Calamities/Disasters)
KINDS OF LEAVE BENEFITS

• PARENTAL LEAVE TO SOLO PARENTS [RA 8972; Solo

Parents’ Welfare Act of 2000]

• TEN-DAY LEAVE UNDER RA 9262

[Anti-Violence Against Women & Their
Children Act of 2004]

• SPECIAL LEAVE BENEFITS FOR

WOMEN UNDER RA 9710
[An Act Providing for the Magna Carta of Women]
Requirements for Travel Abroad

For Personal Business:

1. Indorsement of the SDS
2. Basic letter request of the employee which contains date
of travel, country of destination and purpose of travel
3. Duly Accomplished Form 6
4. Certification of No Pending Administrative Case
5. Clearance from all money and/or property responsibility
using CSC standard template
6. Certification from the School Head that somebody is
assigned to handle the class
7. OIC-Designation/ Special Order from SDS in the case of
PSDS/School Head
11/12/22 DepEd Northern Samar Division 96
MONETIZATION
(for Non Teaching and Teaching Related)

• Officials and employees in the career and

non-career service who have an
accumulated 15days vacation leave credits
shall be allowed to monetize a minimum of
10days

• At least 5days should be retained after

monetization

11/12/22 DepEd Northern Samar Division 97

MONETIZATION

• Regular – monetization of vacation leave credits

for a minimum of 10days and a maximum of
30days in a given year

• Special – monetization of 50% or more

vacation/sick leave credits which maybe allowed
for valid and justifiable reasons, such as:

1. Health, medical and hospital needs

11/12/22 DepEd Northern Samar Division 98

MONETIZATION

2. Financial aid and assistance brought about

by force majeure events
3. Educational needs
4. Payment of mortgages and loans
5. In cases of extreme financial needs
6. Other analogous cases as may be
determined by the Commission

11/12/22 DepEd Northern Samar Division 99

NOTICE OF STEP INCREMENT

• For step increment due to meritorious

performance, it shall be limited to five
percent (5%) of all incumbent officials and
employees in an agency.

• For step increment due to length of service,

it shall be granted every three (3) years of
continuous satisfactory service in the present
position

11/12/22 DepEd Northern Samar Division 100

SIGNING AUTHORITIES FOR FORM 6
(DM No. 247, s. 2018)

EMPLOYEE UP TO 59 CALENDAR DAYS 60 DAYS AND ABOVE

CONCERNED RECOMMENDING APPROVAL RECOMMENDING APPROVAL

TEACHER School Head ASDS School Head SDS

SCHOOL HEAD PSDS/PIC ASDS PSDS/PIC SDS

PSDS/PIC CID Chief ASDS CID Chief SDS

11/12/22 DepEd Northern Samar Division 101

SIGNING AUTHORITIES FOR TRAVEL ORDER
(DO 22, s. 2019)

EMPLOYEE RECOMMENDING APPROVING

DESTINATION CONCERNED OFFICIAL OFFICIAL

Within School Head ASDS SDS

Northern Samar Teachers - School Head
Outside N. Samar
but within the School Head ASDS SDS
Region Teachers School Head SDS
Outside the Region
but within the School Head ASDS SDS
Country Teachers School Head SDS
School Head
Outside the Country Teachers SDS Asec (CO)

11/12/22 DepEd Northern Samar Division 102

 UPDATES AND REMINDERS:

• DepEd Order No. 22, S. 2019

• DepEd Order No. 23, s. 2018
• DepEd Order No. 9, s. 2005 as enunciated in DA no. 7. 2019
and DM No. 062, s. 2018
• DM No. 247, s. 2018 – Signing Authorities for Financial and
Administrative Matters (spelled out the attachments to DTR)
• DM No. 347, 2. 2016 – Policy on Filing of Requests for
Deduction/Stoppage/Adjustment
• NM-2018-379 – Discouraging Teachers to Follow-up Concerns
and Other Official Matters (at the Regional Office)
11/12/22 DepEd Northern Samar Division 104