WELCOME!FORUM ON CIVIL SERVICE LAW AND RULES

CIVIL SERVICE COMMISSIONDepartment 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.

3.4Officials 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.

3.5Claimants of Rehabilitation Privilege benefits are entitled to reimbursement by their agency for first-aid 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. 2006Subject:Guidelines on the Availment ofthe 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 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.

Republic Act No. 8972An 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 ParentsPursuant to CSC Resolution No. 040264dated March 22, 2004, the followingguidelines on the grant of Parental leave to solo parents are hereby prescribed for the guidance of all concerned.

OBJECTIVESTo identify employees considered solo parents;To clarify the scope and conditions on the grant of parental leave; andTo provide uniform interpretation and implementation of the Rules on the grant of parental leave.

Definition of TermsChildren 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 self-support 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;

COVERAGEAny 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; andf. 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 LEAVEThe 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:

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; andOther 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 PRIVILEGES1. 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 BENEFIT1. 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 LEAVEA 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;

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;

Examinee number switching;

Possession and or use of fake certificate of eligibility; and

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.

Cheats-shall include all persons or review centers or entities offering refresher courses or tutorials who directly or indirectly commit the act of cheating.

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: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 be exempted from administrative and criminal prosecution.

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 (Sgd.) MANNY VILLAR Speaker of the House President of the Senate of Representative

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 (Sgd.) OSCAR G. YABES Secretary General Secretary of the Senate House of Representatives

Approved: March 25, 2007

(Sgd.)GLORIA MACAPAGAL ARROYO President of the Philippines

GOVERNMENT OFFICE HOURSrefers 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 PMWorking DayMonday to Friday except Sat. Sun and HolidaysFlexible Working Hours7:00 am to 7:00 pm

CSC MC No. 5 s 1997 dated 1-28-97Allows 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 strictly observed It is the duty of the Head of 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 GWHAll officers and employees of the government. EXCEPT:Those covered by special laws ( Supreme Court, justices, Judges, etc.) Elective Officials ( Attendance in session only)Presidential appointeesOfficers 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 ClockChiefs and assistant chiefs of agencies who 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 DTRAttendance 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. Tardinessrefers to the failure of an employee to report for work or resume for work on time

Habitual tardinessPursuant to CSC Res. No. 001640When an official or employee has incurred tardiness regardless of minutes per day, ten times a month forTwo (2) consecutive months orTwo (2) months in a semesterHe/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) year2nd offense - DISMISSAL

No offsetting of tardiness or absences by working for an equivalent minutes or hours or absent.

OVERTIMEAUTHORIZED OVERTIMEWITH OR WITHOUT PAYCompensatory Day-Off

VOLUNTARY OVERTIME

ATTENDANCE IN HEARINGAs 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 responsibilitiesAttendance is on Official Time

As respondent /defendantAttendance is on his own behalfEmployee should file a vacation leave of absence if he is not under SUSPENSIONIf he is EXONERATED, leave credits used during attendance in hearing shall be restored

LEAVE LAWSintended to promote general efficiencygeneral welfaremorale with in the ranks of government employeesin 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 governmenta 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 ABSENCEVACATION LEAVESICK LEAVEMATERNITY LEAVEPATERNITY LEAVESPECIAL LEAVE PRIVILEGESREHABILITATION LEAVESTUDY LEAVEPARENTAL 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 toSpousechildrenunmarried brothers and sistersany 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 LEAVEleave of absence granted to female government employees legally entitled thereto in addition to vacation and sick leave

Purposeextend 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 daysFull Pay ( 2 months)Earn Vacation and sick leave creditsB. Rendered less than two years (aggregate)maternity leave of 60 calendar daysEarn vacation and sick leave creditsProportional payC. Rendered less than 1 year in the govt. (aggregate) Maternity leave of 60 daysHalf 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.

A 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.Contractual employees is entitled to maternity leaveA 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 rateSalary = -------------------- x actual no. of days work 22 daysRequirements: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 LEAVErefers 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 LeaveEvery married male employee is 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 Privilegesrefers 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 non-cumulative 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 dutymaximum period of six monthsabsences 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 examto 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 chargesMust 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; and3. 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 6 months

Two (2) to three (3) months One (1) year more than 3 mos. to 6 mos. Two (2) years

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 employeesseparation from the service through ones own fault, or other causes within ones control, the official or employee

He shall refund the gross amount of salaryallowancesand 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 LeavePublic 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:

Leave credits earned are non-commutative. Unused leave credits may not be converted to their corresponding money value.Leave credits earned are non-cumulative. Unused leave credits within the calendar year may not be carried over to the succeeding years.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, Briccio An employee on service extension shall 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:Salary increasesStep incrementsClothing allowancesThe 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 & EMPLOYEESLOCAL ELECTIVE OFFICIALS May 12, 1983Officials and employees enumerated under Sec. 10, Rule XVI O.R. as amended

APPLICATION FOR LEAVEForm CS Form No. 6 Revised 1984When to FileVacation 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 OperationScheduled Medical Check-UpAdvise to rest in view of ill health

Maternity LeaveGeneral Rule - Filed Before the scheduled delivery Exceptions - Immediately after deliveryPaternity Leave - same as maternity leaveSpecial Leave Privileges - at least one week prior to availment except on emergency casesRehabilitation Leave - immediately after job- related injury was incurredStudy Leave - prior to availment of study leave

APPROVAL OF LEAVE APPLICATIONvacation of leave - discretionary on the agency headsick leave - ministerial duty of the agency headmaternity leave - -do- Paternity leave - -do-Special Leave Prev. - DiscretionaryRehabilitation Leave - MandatoryStudy 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 LEAVENot 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 LeaveSec. 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 non-cumulative 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? VLSLVL w/ pay / /

SL w/ pay / /

SL w/out pay / /

VL w/out pay x x

Accumulation of Vacation and Sick Leave CreditsNo limit

Mandatory Forced Leave Pursuant to E.O. 1077All 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 personnelForced 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 LEAVEIn the serviceMonetization ( Sec. 22 to Sec. 24)Commutation prior to leave ( Sec.31

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

Effective January 1, 2002The 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 CreditsMonetization 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. 2-97xxxSec. 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. 020731Amendment 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 clothingOther analogous cases as may be determined by the Commission

TERMINAL LEAVEIs 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 LEAVEApplication 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 PayRequest 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 LeavePayment 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 CreditsWhen an official or employee transfers from one government agency to another he can either:have his accumulated vacation and/or sick leave credits commutedTransferred to his new agencyprovided he has no gap in the serviceA 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 CaseEmployee 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 Case 1. Dismissalemployee 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 PayAll 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 incrementFor purposes of computing the length of service for the grant of step increment, approved vacation leave without pay for an aggregate of fifteen (15) days shall not interrupt the continuity of the three year service requirement for the grant of step increment. However, if the total number of authorized vacation leave without pay included within, the three-year period exceeds fifteen (15) days, the grant of one-step increment will only be delayed for the same number of days that an official or employee was absent without pay.

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