Rules on Leave

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The Civil Service Rules on Leave:

The Civil Service Rules on Leave 8/29/2012

I: Leave of Absence:

I: Leave of Absence 8/29/2012

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What is the nature of a Leave of Absence? 8/29/2012

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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. 8/29/2012

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What is the effect of a failure of the head of agency to act on an application for leave? 8/29/2012

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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 8/29/2012

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What is the effect of an absence without prior approval? 8/29/2012

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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 8/29/2012

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Is the practice of filing a leave of absence after the employee has been absent correct? 8/29/2012

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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. 8/29/2012

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Situation: After ten years of service as a teacher, Ms. A files for a monetary claim and seeks conversion of her leave credit to its equivalent in cash. May her claim be allowed? 8/29/2012

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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. 8/29/2012

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Is the above rule of not allowing to monetize leave credits absolute? 8/29/2012

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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. 8/29/2012

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When may a teacher avail of vacation service credits? 8/29/2012

DepEd Order No. 53, s. 2003:

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. 8/29/2012

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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. 8/29/2012

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What activities are eligible for the granting of service credits? 8/29/2012

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Registration and election days as long as these are mandated duties; Calamity and rehabilitation when schools are used as evacuation centers; Conduct or remedial classes during the summer or Christmas vacation or outside of regular school days; Early opening of the school year; School sports competitions held outside regular school days; 8/29/2012

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Training teachers in addition to their normal teaching loads; Teaching overload not compensated by honoraria; Teaching non-formal education classes in addition to teaching formal education classes carrying a normal teaching load; Work done during regular school days if these are in addition to the normal teaching load; 8/29/2012

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Conduct of testing activities held outside of school days; and 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. 8/29/2012

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On the other hand, some activities may not make a teacher eligible for service credits. What are these activities? 8/29/2012

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in-service training programs fully funded by the government; assignment to clerical work, such as checking forms and finishing reports; reassignment of teachers to duty in another bureau of office (detailed in another office); assignment in connection with exhibits at a fair; postponement of regular teacher’s vacation; and time spent in travelling to and from station to the place where services are rendered. 8/29/2012

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What is the effect of an absence without approved leave? 8/29/2012

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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. 8/29/2012

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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. 8/29/2012

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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. 8/29/2012

A: Absenteeism and tardinesS:

A: Absenteeism and tardinesS 8/29/2012

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When can an employee be considered habitually absent/tardy? 8/29/2012

Habitually Absent:

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. 8/29/2012

Habitually Tardy:

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. 8/29/2012

B: under time and TARDINESS:

B: under time and TARDINESS 8/29/2012

CSC Resolution No. 101357, June 06, 2010 (Guidelines on under time):

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; 8/29/2012

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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; 8/29/2012

Guidelines on Half Day Absence   :

Guidelines on Half Day Absence · 8/29/2012

CSC Resolution No. 101358, June 6, 2010 (Guidelines on Half-day Absences):

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 . 8/29/2012

Ii: Other leave privileges:

Ii: Other leave privileges 8/29/2012

Maternity Leave:

DURATION: 60 days with full pay CONDITIONS: The employee must be a woman, who may either be married or unmarried, in every instance of pregnancy irrespective of its frequency. The employee must have rendered an aggregate of two (2) or more  years of service. The privilege should be availed of either before or after the actual delivery period in a continuous and uninterrupted manner. Maternity Leave 8/29/2012

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Can a teacher avail of her maternity leave privilege if she delivers during a long vacation? 8/29/2012

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Yes, She may avail of the privilege and shall be entitled to receive both the maternity benefits and proportional vacation pay. 8/29/2012

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If the service rendered is less than two years, is a woman employee entitled to maternity benefits? 8/29/2012

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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. 8/29/2012

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Can maternity benefits be granted to a woman employee who has been ordered dismissed or separated from the service? 8/29/2012

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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 . 8/29/2012

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Is a woman with pending administrative case entitled of maternity leave of absence? 8/29/2012

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Yes, she is entitled to maternity leave with pay. 8/29/2012

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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? 8/29/2012

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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. 8/29/2012

Paternity Leave:

DURATION: 7 working days with full pay CONDITIONS: The employee must be a married male employee. First four (4) deliveries of legitimate spouse. The leave is non-cumulative and non- convertible to cash. It can be enjoyed on the days immediately before, during or after the childbirth or miscarriage of his legitimate spouse, either Intermittent or continuous. Paternity Leave 8/29/2012

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How shall the privilege be availed of by an employee who has more than two legal spouses? 8/29/2012

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The employee may avail of the paternity leave for an absolute maximum of only four (4) deliveries regardless of whichever spouse gives birth. 8/29/2012

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. Parental Leave 8/29/2012

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CONDITIONS: 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 . It can be availed of on a staggered or continuous basis, subject to the approval of the head  of agency/office. It shall be availed of every year otherwise it is forfeited. 8/29/2012

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It is not convertible to cash. Accordingly, the solo parent shall submit the application for parental leave at least  one (1) week prior to its availment , except on emergency cases. 8/29/2012

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When may the leave privilege be availed of? 8/29/2012

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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. 8/29/2012

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Who is considered a solo parent? 8/29/2012

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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 ; 8/29/2012

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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; 8/29/2012

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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. 8/29/2012

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What is the procedure in availing of Parental Leave? 8/29/2012

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Solo parent shall present a Solo Parent Identification Card issued by the Municipal/City Social Welfare and Development Office 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 Based on the documents submitted, the immediate supervisor/division chief will recommend approval/disapproval of the application The HRMO/personnel officer evaluates the application for leave The Head of Agency/Office approves/disapproves the application. 8/29/2012

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May an application for parental leave be denied? 8/29/2012

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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. 8/29/2012

10-day Leave under R.A. 9262:

Who are entitled of the ten-day paid leave of absence? Any woman employee in the government service regardless of employment status, who is a victim of violence. 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. 10-day Leave under R.A. 9262 8/29/2012

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CONDITIONS: 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: 8/29/2012

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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. 8/29/2012

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the ten-day leave can be availed of in a continuous or intermittent manner; It is non-cumulative and non-convertible to cash. Leaves not availed of are considered waived. 8/29/2012

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Maternity Leave under R.A. 8552 (Domestic Adoption Act of 1998) 'Section 34. Benefits. The adoptive parents shall, with respect to the adopted child, enjoy all the benefits to which biological parents are entitled. Maternity and paternity and other benefits given to biological parents upon the birth of a child shall be enjoyed if the adoptee is below seven (7) years of age as of the date the child is placed with the adopted parents through the Pre-Adoptive Placement Authority issued by the Department.' 8/29/2012

Study Leave For Officials and employees :

Conditions: The teacher has rendered at least 7 seven years of continuous service. 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. 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 Officials and employees 8/29/2012

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: The leave shall be covered by a contract between the agency head and the employee. beneficiaries shall be selected based on the following: Study Leave for Public School Teachers pursuant to R.A. 4670 8/29/2012

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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; The employee must have no pending administrative and/or criminal charges The employee must not have any current foreign or local scholarship grant; 8/29/2012

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The employee must have fulfilled the service obligation of any previous training/scholarship/study leave grant; 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.) 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 8/29/2012

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Are the above conditions absolute? 8/29/2012

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NO. If the teacher contracts an illness or suffers an injury, he may be excused from complying with some or all of the conditions. 8/29/2012

Sick Leave :

Sick Leave CONDITIONS: 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. 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. The employee shall notify  his immediate supervisor/agency head of his absence 8/29/2012

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Upon his return, he shall file his  application for sick leave in the prescribed form. 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. 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. 8/29/2012

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CSC M.C. No. 17 s. 2002. Resolution No. 021181 and M.C. No. 24 s. 2002/ Resolution No. 021480 Certain Modes of Separation 8/29/2012

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I. Resignation is the voluntary relinquishment or surrender of the office, and the acceptance thereof by competent authority A. Requisites a. Tender must be in writing b. Voluntary c. Acceptance – by competent authority 8/29/2012

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When procured by fraud or duress, resignation may be repudiated. 2. Courtesy Resignation lacks the element of voluntariness and is therefore not valid. Ortiz vs. Comelec – 162 SCRA 812 3. Need for Acceptance Expressly Impliedly – as in the appointment of a successor NOTES: 8/29/2012

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4. Mere tender of resignation, without acceptance by competent authority does not create a vacancy in public office; resignation is not complete until accepted by proper authority. Joson vs. Nacario 187 (SCRA 453) 5. In the Philippines, acceptance of resignation is necessary because Art. 238 of the Revised Penal Code, penalizes any public office who before acceptance of his resignation, abandoned his office to the detriment of public service 6. If the public officer is mandated by law to hold over, the resignation, even if accepted, will not be effective until after the appointment or election of his successor. 8/29/2012

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B. Effective date of Resignation The date specified in the tender, and if no such date is specified, then resignation shall be effective when the public officer receives notice of the acceptance of his resignation, not the date of the letter or notice of acceptance. (Gamboa vs. Court of Appeals (1981) 8/29/2012

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II. Dropping from the Rolls Sec. 2 Rule XII Omnibus Rules of the Civil Service. Officers and employees who are either habitually absent or have unsatisfactory or poor performance or have shown to be physically and mentally unfit to perform their duties may be dropped from the Rolls subject to the following procedures; 8/29/2012

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2.1 Absence Without Approved Leave a. An officer or employee who is continuously absent without approved leave (AWOL) for at least (30) thirty working days shall be separated from the service or dropped from the rolls without prior notice. He shall however be informed of his separation from the service not later than five (5) days from its effectivity which shall be sent to the address appearing on his 201 files or to his last known address – as amended by CSC MC no. 15, s. 1999 8/29/2012

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b. If the number of unauthorized absences incurred is less than (30) thirty working days, a written Return – To Work order shall be served on the official or employee at his last known address on record. Failure on his part to report for work within the period stated in the order shall be a valid ground to drop him from the rolls – as amended by CSC M.C. no. 15 s. 1999 8/29/2012

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The Case in Point City Government of Makati vs. Civil Service Commission GR No. 131392 – February 6, 2002 (Bellosillo, J.) This case, enunciates the rule on automatic leave of absence in case the employee is arrested and/or detained or by reason of some other forms of force majeure or other unfortunate event. 8/29/2012

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2.2 Unsatisfactory or Poor Performance a. An official or employee who is given two (2) consecutive unsatisfactory ratings may be dropped from the rolls after due notice. Notice shall mean that the officer or employee concerned is informed in writing of his unsatisfactory performance for a semester and is sufficiently warned that a succeeding unsatisfactory performance shall warrant his separation from the service. Such notice shall be given not later than 30 days from the end of the semester and shall contain sufficient information which shall enable the employee to prepare an explanation. 8/29/2012

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b. An official or employee, who for one evaluation period is rated poor in performance may be dropped from the rolls after due notice. Due Notice shall mean that the officer or employee is informed in writing of the status of his performance not later than the 4th month of that rating period with sufficient warning that failure to improve his performance within the remaining period of the semester shall warrant his separation from the service. Such notice shall also contain sufficient information which shall enable the employee to prepare an explanation. 8/29/2012

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2.3 Physically and Mentally Unfit a. An officer or an employee who is continuously absent for more than one (1) year by reason of illness maybe declared physically unfit to perform his duties and the Head of Office in the exercise of his sound judgment may consequently drop him from the rolls. b. An officer or employee who is intermittently absent by reason of illness for at least two hundred sixty (260) working days during a 24-month period may also be declared physically unfit by the Head Office. 8/29/2012

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c. An officer or employee who is behaving abnormally for an extended period which manifests continuing mental disorder and incapacity to work as reported by his co-workers or immediate supervisor and confirmed by the Head of Office, may likewise be dropped from the rolls. For the purpose of the three (3) preceeding paragraphs, notice shall be given to the employee containing a brief statement of the nature of his incapacity to work; 8/29/2012

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2.4 The officer or employee who is separated from the service through any of the above modes has the right to appeal his case within fifteen (15) days from receipt of such order or notice of separation. 2.5 The order of separation is immediately executory pending appeal, unless the commission on meritorious grounds directs otherwise. 8/29/2012

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2.6 This mode of separation from the service for unauthorized absences or unsatisfactory or poor performance or physical and mental incapacity is non-disciplinary in nature and shall not result in the forfeiture or any benefits on the part of the official or employee nor in disqualifying him from reemployment in the government. 2.7 The written notice mentioned in the preceeding paragraphs may be signed by the person exercising immediate supervision over the official or employee. However, the notice of separation shall be signed by the appointing authority or Head of Office. 8/29/2012

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Sec. 3 Dismissal A certified copy of the decision rendered where the penalty of dismissal was imposed shall be submitted to the commission. 8/29/2012

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III. Abolition of the Office To be valid, abolition of the office must not constitute removal of the incumbent. It is within the legal competence of the city council to create, consolidate and re-organize city offices, and positions wholly supported by local funds. (Mama Jr. vs. Court of Appeals 196 SCRA 489). But, the abolition must be done in good faith, with the clear intent to do away with the office, not for personal or political reasons, and can not be implemented in a manner contrary to law. (Mendoza vs. Quisumbing, 186 SCRA 108). 8/29/2012

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IV. Conviction of a Crime When the penalty imposed, upon conviction, carries with it the accessory penalty of disqualification, conviction by final judgment automatically terminates official relationship. But, a plenary pardon extinguishes the accessory penalty of disqualification, it will not restore the public office to the officer convicted. He must be given a new appointment to the position. (Monsanto vs. Factoran 170 SCRA 190). In Sabello vs. Department of Education 180 SCRA 623 for reasons of equity, the Supreme Court held that the former elementary school. Principal should not be re-appointed to a lower position than that which he formerly occupied. 8/29/2012

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But, when a person is given a pardon because he did not truly commit the offense, the pardon relieves him from all punitive consequences of his criminal act, thereby restoring him to his clean name, good reputation and unstained character prior to his finding of guilt. The bestowal of executive clemency in effect completely obliterated the adverse effects of the administrative decision which found him guilty of Dishonesty and ordered his separation from the service. 8/29/2012

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This can be inferred from the executive clemency itself exculpating petitioner from the administrative charge and thereby directing his reinstatement, which is rendered automatic by the grant of the pardon. This signifies that petitioner need no longer apply for reinstatement; he is restored to his office ipso facto upon the issuance of the clemency, and he is entitled to back wages. (Vicente Garcia vs. Chairman, Commission on Audit 226 SCRA 356). 8/29/2012

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V. Filing of Certificate of Candidacy Sec. 66 BP 881 provides- any person holding a public appointive office or position including members of the Armed Forces of the Philippines and officers and employees in government-owned or controlled corporations, shall be considered ipso facto resigned from his office upon filing of his Certificate of Candidacy. See also secs. 4,5 and 6 of Rule XIII – Omnibus Rules. 8/29/2012

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THANK YOU !!! 8/29/2012