QuestionsQuestions (Republic Act No. 8044)
It is a right granted to government officials and employees not to report for work, with or without pay, as provided by law and as prescribed in Rule XVI.
Commutation is the conversion of unused leave credits to their corresponding money value upon separation/retirement or other circumstances provided by the rules. Monetization is payment in advance (within limits and subject to conditions) upon the employee’s request without actually going on leave.
It refers to the incremental acquisition of unused leave credits by an official or employee over time.
The spouse, children, parents, unmarried brothers and sisters, and any relative living under the same roof and dependent upon the employee for support.
They 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 limitation on accumulation.
They receive benefits proportionate to hours worked. A part-time employee rendering 4 hours five days a week (20 hours/week) is entitled to 7.5 days vacation and 7.5 days sick leave annually with full pay.
No. Contractual employees are not entitled to vacation, sick, and other special leave privileges as a matter of right. Instead, they may be paid compensation 20% higher than regular employees in equivalent positions; if not given the 20% premium, they should be entitled to vacation and sick leave.
Before Jan. 1, 1992, entitlement under Batas Pambansa Blg. 337 applied effective May 12, 1983 and was commutative but not cumulative (uncammunicated leave forfeited). Starting Jan. 1, 1992, they are entitled to leave privileges like appointive local officials, including accumulation and commutation.
Teachers are not entitled to usual vacation and sick leave credits; instead they receive proportional vacation pay (PVP) of 70 days for summer vacation plus 14 days for Christmas vacation. A teacher with continuous service in a school year without absences without pay of not more than 1/12 days is entitled to 84 days of proportional vacation pay.
Married women with an aggregate of two or more years of service are entitled to 60 calendar days maternity leave with full pay (in addition to vacation and sick leave). Those with 1 year or more but less than 2 years get it proportionate to their length of service; those with less than 1 year get 60 days with half pay.
Maternity leave cannot be deferred; it must be enjoyed within the actual period of delivery in a continuous and uninterrupted manner not exceeding 60 calendar days. If delivery occurs not more than 15 calendar days after termination, maternity leave with pay may still be granted because the right has already accrued.
Paternity leave is a privilege for a married male employee allowing him not to report for work for seven (7) working days while earning compensation, conditioned on the legitimate spouse’s childbirth or miscarriage. It is non-cumulative and strictly non-convertible to cash, and it may be enjoyed continuously or intermittently on days immediately before, during, and after childbirth/miscarriage. It is for the first four deliveries, reckoned from the effectivity of the Act on July 15, 1996, and for an absolute maximum of four deliveries regardless of spouse(s).
Officials and employees (except teachers and those covered by special leave laws) may avail of special leave privileges for a maximum of three (3) days annually over and above vacation, sick, maternity, and paternity leaves. They are non-cumulative and non-commutative, require application at least one week prior (except emergencies), and must be for occasions personal to the employee and immediate family.
Officials and employees with at least 15 days of vacation leave credits may request monetization of a minimum of 10 days. At least five (5) days must be retained after monetization, and a maximum of 30 days may be monetized in a given year.
They must take a minimum of five (5) working days annually, subject to a staggered schedule prepared by the head of agency. If not taken during the year, it is forfeited, unless the scheduled leave was cancelled due to exigency of service. Retirement/resignation within the year without completion does not warrant forfeiture of the corresponding leave credits if the employee opted not to avail of the required leave.
Vacation and sick leave are cumulative and may be carried over. Upon retirement, voluntary resignation, or separation through no fault of the employee, they are entitled to commutation of accumulated vacation and/or sick leave credits, without limitation. If reemployed before the commuted leave expires, the employee need not refund the unexpired portion; for leave credits, he starts from zero balance.
If the application (including terminal leave) is not acted upon within five (5) working days after receipt, it is deemed approved.
Unauthorized leave means the employee is not entitled to salary for the period of absence (Section 50), and absences without approved leave for at least 30 calendar days make the employee AWOL and subject to separation/dropping from the rolls without prior notice (Section 63).