Title
Omnibus Civil Service Leave Rules Amendments
Law
Csc Memorandum Circular No. 41 S. 1998
Decision Date
Dec 24, 1998
The Civil Service Commission in the Philippines has issued amendments to the Omnibus Leave Rules, updating and harmonizing provisions on leave for government officials and employees, including the inclusion of paternity leave and special leave privileges, as well as defining technical terms and allowing for the monetization of leave credits.

Q&A (CSC MEMORANDUM CIRCULAR NO. 41 S. 1998)

Appointive officials and employees of the government, whether permanent, temporary, or casual, are entitled to 15 days vacation leave and 15 days sick leave annually with full pay, exclusive of Saturdays, Sundays, and public holidays, and there is no limit to the number of days of leave that may be accumulated.

Maternity leave for married female employees with less than two years of service is computed in proportion to their length of service based on the formula x = (60*y) / 720, where y is the number of days of service. Those who have served less than one year are entitled to 60 days maternity leave with half pay.

Every married male employee is entitled to seven (7) working days of paternity leave for the first four deliveries of his legitimate spouse with whom he is cohabiting, starting from the effectivity of the Paternity Leave Act on July 15, 1996. The leave is non-cumulative, non-commutable, and may be taken before, during, or after childbirth or miscarriage.

No. Contractual employees are generally not entitled to vacation, sick, or other special leave privileges by right due to the nature of their employment. However, if they are not given a 20% premium over the salaries of regular employees, they should be entitled to such leave.

Terminal leave refers to the money value of the total accumulated leave credits of an employee, computed based on the highest salary received prior to or upon retirement, voluntary separation, or separation from the service without fault.

Special leave privileges include funeral/mourning leave, graduation leave, enrollment leave, wedding/anniversary leave, birthday leave, hospitalization leave, accident leave, relocation leave, government transaction leave, and calamity leave. Officials and employees may avail of a maximum of three days annually for any combination of these privileges.

All officials and employees with 10 or more days of vacation leave credits are required to take a minimum of five (5) days of vacation leave annually, either continuous or intermittent, as scheduled by the head of agency. Failure to take this forced leave results in forfeiture, unless cancelled due to exigency of service.

Vacation and sick leave credits are cumulative, meaning unused leave may be carried over to succeeding years without limitation. Upon separation without fault, an employee is entitled to commutation of all accumulated vacation and sick leave credits.

If the head of agency or authorized representative does not act on a leave application within five (5) working days after receipt, the leave application shall be deemed approved.

An employee absent without approved leave shall not receive salary for the absences, but such absences are not deducted from accumulated leave credits. Continuous absence without approved leave for 30 calendar days or more results in separation from service or being dropped from rolls without prior notice.


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