Law Summary
Maximum Leave Credits Eligible for Monetization
- A maximum of thirty (30) days of vacation leave/service credits can be monetized.
- Conditions for monetization:
- At least five (5) days must remain as vacation leave/service credits after monetization.
- If an official or employee has less than fifteen (15) days of leave credits, they can monetize no more than ten (10) days.
Annual Availment Restriction
- Monetization privilege can be availed only once per calendar year.
- Exception for 1997:
- Officials/employees who monetized ten (10) days previously may monetize an additional twenty (20) days.
- After monetization, a minimum of five (5) days leave must remain.
Forced Leave Requirement
- Officials/employees who monetize leave credits are required to undergo five (5) days of forced leave.
- This is pursuant to Executive Order No. 1077 (January 9, 1986) and its implementing rules.
Funding Source for Monetization
- Funding shall come from any savings within the concerned department, agency, government-owned or controlled corporation, or local government unit.
- Definition of savings aligns with Section 54 of the FY 1997 General Appropriations Act.
- Priority in utilizing savings must consider:
- Items enumerated in Sections 55 (Priority in the Use of Savings) and 56 (Use of Savings for the Magna Carta of Public Health Workers) of the FY 1997 GAA.
- Employees with positions below salary grade 19 shall be given preference in utilizing this privilege.
Effectivity of the Joint Circular
- The rules and regulations promulgated shall take effect immediately upon adoption (June 25, 1997).
- Joint Circular issued by the Civil Service Commission and Department of Budget and Management.
Summary of Key Legal Concepts
- Leave monetization is regulated to ensure employees retain a minimum balance of leave credits.
- Annual limitation ensures controlled use of the benefit.
- Forced leave requirement aligns with labor practice to prevent burnout.
- Financial responsibility for monetization is restricted to agency savings, promoting fiscal discipline.
- Preference scheme supports lower salary grade employees.
- Immediate effectivity ensures prompt compliance and implementation of amendments.