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.

Definitions of Key Leave Terms (Rule I)

  • Leave of absence: Right not to report for work, with or without pay.
  • Commutation: Conversion of unused leave credits into monetary value.
  • Cumulation: Carrying over unused leave credits.
  • Immediate family: Spouse, children, parents, unmarried siblings, and relatives living in the same household dependent on the employee.
  • Sick leave: For illness or disability of employee or immediate family.
  • Vacation leave: For personal reasons, approval contingent on service needs.
  • Monetization: Payment for leave credits without actual leave taken.
  • Pregnancy and maternity leave: Covers conception to birth; includes miscarriage; maternity leave grants rest and financial support.
  • Paternity leave: Seven days paid leave for a married male employee for up to four deliveries of legitimate spouse.
  • Vacation service credits (teachers): Leave credits earned during authorized vacation activities.
  • Terminal leave: Monetary value of accumulated leave upon retirement or separation.
  • Special leave privileges: Up to three days additional leave for specific personal/domestic events.
  • Relocation leave: Special leave when changing residence.

Leave Entitlements and Computations (Rule XVI, Sections 1-9)

  • Regular employees: 15 days vacation and 15 days sick leave annually, fully paid and cumulative.
  • Part-time employees: Leave benefits proportional to hours worked.
  • Employees on rotation: Leave earned based on total service across shifts.
  • Contractual employees: No entitlement to leave by default; may receive 20% salary premium or leave benefits if no premium.
  • Local elective officials: Leave privileges from May 12, 1983; cumulative and commutable from January 1, 1992.
  • Teachers: No usual vacation/sick leave; entitled to proportional vacation pay covering summer and Christmas vacations.
  • Non-teaching employees with teacher-like schedule: Same leave credits as teachers.

Special Leave Laws and Conditions

  • Some officials and employees covered by special laws (e.g., Justices, Judges, Executive Department Heads, Foreign Service, State University Faculty) have separate leave rules.
  • Maternity leave granted to married women who have served at least 2 years: 60 calendar days with full pay; prorated for shorter service; half pay if less than 1 year.
  • Maternity leave entitlement is recurring per pregnancy and cannot be deferred.
  • Early return from maternity leave allowed with medical clearance; benefits and salary adjusted accordingly.
  • Paternity leave applies to married males for the first four deliveries, non-cumulative, non-convertible to cash, to be used near childbirth.
  • Special leave privileges granted for up to three days a year for personal events such as funerals, graduations, weddings, birthdays, hospitalizations, accidents, relocations, government transactions, calamities.

Leave Monetization and Forced Leave

  • Employees with at least 15 vacation leave credits may monetize a minimum of 10 days and a maximum of 30 days per year, retaining at least 5 days.
  • Monetization of up to 50% of all accumulated leave credits may be allowed for valid reasons, subject to agency discretion and funds.
  • Mandatory forced leave of 5 working days annually applies to officials/employees with 10 or more vacation leave days to ensure rest; scheduled with agency head consent and subject to service exigency.

Leave Accumulation and Computation

  • Vacation and sick leave are cumulative with no limit on accumulation.
  • Leave credits are commutable upon separation from service without fault.
  • Reemployed persons start with zero leave balance.
  • Leave earned on a ratio of 1 day per 24 days actual service.
  • Fractions of a day are rounded: 1/4 or more equals half day; 3/4 or more equals full day for leave computation.
  • Irregular schedules and flexible working hours have special rules for counting leave days.

Leave Application, Approval and Effects of Unauthorized Absence

  • Leave applications generally require written requests at least 5 days prior, except emergencies.
  • Sick leave longer than 5 days requires medical certificate.
  • Vacation leave approval depends on service needs and discretion of agency head.
  • Absences without approved leave result in loss of salary for absence period, not deducted from leave credits.
  • Applications not acted upon within 5 working days are deemed approved.

Terminal Leave and Separation Benefits

  • Terminal leave is the commuted monetary value of accumulated leave upon retirement, resignation, or separation without fault.
  • Clearance from the Ombudsman not required for terminal leave payment.
  • Terminal benefits based on highest salary received, computed as (Number of leave days x Highest monthly salary)/22 working days.
  • Employee on terminal leave or service extension (post age 65) do not earn leave credits.
  • Claims for terminal leave pay must be filed within 10 years.

Other Provisions

  • Leave without pay allowed beyond leave credits but capped at 1 year.
  • Leave without pay not allowed if leave with pay exists unless seconded.
  • Seconded employees on leave without pay earn leave credits credited to receiving agency.
  • Tardiness and undertime deducted against vacation leave unless health-related supported by medical certificate.
  • Position of employee on leave is not vacant; only substitute appointments allowed.
  • Absence without leave for 30 calendar days results in automatic separation (AWOL).
  • Violation of leave rules or falsification in leave applications is ground for disciplinary action.
  • Teachers’ unused vacation service credits may be monetized upon separation using a specified formula.
  • Leave credits may be transferred between government agencies within one year if no service gaps exist.
  • Adjustments for employees with irregular or flexible working hours regarding leave days deducted.
  • Procedures established to address denials or delays in leave credit transfers or leave applications.
  • Employee with pending administrative case is not allowed vacation leave with pay during case pendency.
  • Special provisions protect maternity leave during pending administrative cases or extended leave without pay.

This comprehensive framework governs leave benefits, entitlements, procedures, and disciplinary measures for government officials and employees under the Philippine Civil Service system, ensuring orderly management of leave privileges aligned with public service demands.


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