Leave of Contractual Employees
- Contractual employees are entitled to vacation and sick leave credits
- They also enjoy special leave privileges as stated in Section 21
Leave Credits of Local Elective Officials
- Local elected officials acquire leave privileges effective May 12, 1983
- Rights anchored on Batas Pambansa 337 and the Local Government Code of 1991 (RA 7160)
- Leave credits are commutative and cumulative
Leave Credits of Officials and Employees Under Special Leave Laws
- Specific officials covered include judiciary justices, judges of various courts, constitutional commission members, foreign service personnel, and state university faculty
- Faculty benefits governed by RA 8292 (Higher Education Modernization Act of 1997)
- In absence of specific laws, the general leave rules apply
- Implementing rules by covered agencies must be submitted to CSC
Maternity Leave Conditions
- Married government women servants with at least two (2) years service entitled to 60 calendar days maternity leave with full pay
- Those with 1 to 2 years of service receive proportional maternity leave
- Those with less than one (1) year get 60 days with half pay
- For teachers, delivery during long vacation allows combined maternity benefits and proportional vacation pay
- Maternity leave must be used continuously before or after delivery and cannot be deferred
Early Return From Maternity Leave
- Employee may return early upon presenting a medical certificate confirming physical fitness
- No refund required for unused leave portion
- Employee entitled to maternity benefits plus salary for actual worked days after return
- Salary computed proportionally based on days worked
Paternity Leave Privileges
- Non-cumulative, non-convertible seven (7) days leave for the father
- Leave can be taken continuously or intermittently around childbirth or miscarriage of legitimate spouse
Computation of Vacation and Sick Leave Credits
- Leave credits earned at rate of one day per 24 days of actual work
- Tables provided for monthly and daily accruals
- Leaves also computed proportionally in cases of leave without pay
Flexible Working Hours and Leave Computation
- Employees working flexible hours completing 40 hours weekly face deductions proportional to time not served within core hours of agency
- Compensatory service allowed outside regular hours except Sundays, with approval
- Agencies to adopt specific internal rules
Suspension of Work and Leave Deductions
- Employees absent after start of working hours on suspension day funded for partial day only
- Deducted leave credits equivalent only to time from work start to suspension announcement
Leave Without Pay Adjacent to Rest Days
- Absence immediately before or after Saturday, Sunday, or holiday is not considered absence of rest days
- No leave credits deducted for those rest days
- No salary paid for these days
Terminal Leave Computation
- Terminal leave benefits = Highest monthly salary × total accumulated leave credits × constant factor (.0478087)
- Constant factor derived by excluding weekends and holidays from year calculation
- Effective January 15, 1999
Conversion Between Teachers' Vacation Service Credits and Leave Credits
- Teachers resigning or retiring since January 16, 1986 receive pay for unused vacation service credits converted into vacation and sick leave credits
- Conversion formula involves relation between vacation service days and standard vacation periods
- Reverse conversion of leave credits into vacation service credits also specified
Transfer from Teaching to Non-Teaching Service and Proportional Vacation Pay
- Teachers transferring to non-teaching roles or resigning ten days before school year end receive proportional vacation pay if service not prejudiced
Approval of Sick Leave
- Sick leaves granted only for actual sickness or disability of employee or immediate family member
- Proof required to be attached to leave application
- Delay or denial without reason grounds for official sanction
Leave Without Pay Rules
- Absences exceeding accumulated leave credits are without pay
- Employee salary for leave without pay computed on proportional basis
- Exhausted sick leave may be offset by vacation leave, but not vice versa
Leave Rights During Pending Administrative Cases
- Employees with administrative cases pending retain right to avail of leave privileges
Absences Without Approved Leave (AWOL)
- Continuous absence exceeding 30 calendar days leads to separation without prior notice
- Employee informed of separation via last known address within 5 days of effectivity
- Absence below 30 days met with written return-to-work order
- Failure to comply with order grounds for dismissal
Effect of Administrative Dismissal on Terminal Leave
- Officials or employees dismissed from service still entitled to terminal leave benefits
Study Leave Entitlement and Conditions
- Officials and employees (excluding teaching professions) may avail study leave not exceeding six months with pay
- Purpose: To prepare for bar or board exams or complete masteral degree
- Study leave governed by contract between employee and agency head
- Eligibility:
- Bachelor’s degree graduate requiring examination
- Relevant field of study
- Permanent status
- At least two years service
- No pending cases
- No current scholarships
- Fulfilled previous scholarship obligations
- Failure to fulfill service obligation after study leave requires refund of compensation proportionate to unserved obligation
- Employee must report failure to pursue studies or exam in writing
- Agencies must formulate internal rules for equitable leave availing
These amendments became effective immediately as of August 23, 1999.