Omnibus Civil Service Leave Rules Amendments

Legal basis, purpose, and policy intent

The Civil Service Commission is empowered by constitutional authority to prescribe, amend, and enforce rules and regulations to carry into effect the Civil Service Law and pertinent laws.
The Circular adopts amendments to the Omnibus Rules to update and refine leave provisions and to incorporate leave definitions previously not defined in Rule I (Coverage and Definition of Terms).
The Circular emphasizes consolidating leave issuances and amendments for guidance of government officials and employees.

Scope and coverage rules

Appointive officials and employees in the government—whether permanent, temporary, or casual—who render work during prescribed office hours are entitled to leave privileges under the rules on vacation and sick leave.
Part-time employees earn vacation and sick leave proportionate to work hours rendered, under the specified computation.
Employees on rotation basis earn vacation and sick leave corresponding to the periods of service rendered, adding periods covered by each shift/rotation to determine leave-earning service.
Contractual employees are not entitled to vacation, sick, and other special leave privileges as a matter of right, subject to the premium/entitlement rule under the Circular.
Local elective officials are covered under the rules on leave entitlement, including their historical entitlement effective date and transition from commutative-but-not-cumulative leave to the general pattern starting January 1, 1992.
Teachers are covered by special vacation pay rules and by additional teacher-specific provisions under the rules (including references to RA 4670).
Certain officials and employees are covered by special leave laws and must promulgate and submit implementing rules to the Civil Service Commission for record purposes.

Definitions of leave terms

Leave of absence is a right granted to officials and employees not to report for work with or without pay as may be provided by law and as rules prescribe in Rule XVI.
Commutation of leave credits is the conversion of unused leave credits to their corresponding money value.
Cumulation of leave credits is incremental acquisition of unused leave credits by an official or employee.
Immediate family means the spouse, children, parents, unmarried brothers and sisters, and any relative living under the same roof and dependent upon the employee for support.
Sick leave is leave granted only due to sickness or disability of the employee or any member of the employee’s immediate family.
Vacation leave is leave granted for personal reasons, approval contingent upon necessities of the service.
Monetization is payment in advance, within prescribed limits and conditions, of the money value of leave credits upon request without actually going on leave.
Pregnancy is the period between conception and delivery or birth; miscarriage is within the period of pregnancy for maternity leave purposes.
Maternity leave is leave granted to legally entitled female government employees in addition to vacation and sick leave, primarily to extend working mothers financial help and provide rest and recuperation connected with pregnancy.
Paternity leave is a privilege granted to a married male employee allowing him not to report for work for seven (7) days while continuing to earn compensation, if his legitimate spouse delivers a child or suffers a miscarriage, to enable care and support before, during, and after childbirth and assistance in caring for the newborn child.
Vacation Service Credits are leave credits earned by public school teachers for services during authorized activities during long and Christmas vacation, used to offset illness absences or proportional vacation salary deductions for personal absences or late appointment.
Terminal leave is the money value of an employee’s total accumulated leave credits based on the highest salary rate received prior to or upon the retirement date/voluntary separation.
Special leave privileges are special leave for a maximum of three (3) days annually over and above vacation, sick, maternity, and paternity leaves to mark personal milestones and/or attend to filial and domestic responsibilities.
Relocation leave is a special leave privilege granted when an employee transfers residence.

Leave entitlements and special benefits

Section 1 grants entitlement to appointive government officials and employees to 15 days vacation and 15 days sick leave annually with full pay, exclusive of Saturdays, Sundays, Public Holidays, and without limitation as to accumulation of vacation and sick leave days.
Section 2 provides that part-time employees render proportionate vacation and sick leave, and a part-time employee working four (4) hours five (5) days a week (total of 20 hours a week) is entitled to 7.5 days vacation and 7.5 days sick leave annually with full pay.
Section 11 provides maternity leave for married women in the government service with an aggregate of two (2) or more years of service: sixty (60) calendar days with full pay in addition to vacation and sick leave.
Section 11 provides that maternity leave for those with one (1) year or more but less than two (2) years is computed in proportion to length of service, and those who served less than one (1) year receive 60-days maternity leave with half pay.
Section 11 requires that maternity leave cannot be deferred and must be enjoyed within the actual period of delivery in a continuous and uninterrupted manner not exceeding 60 calendar days.
Section 13 states maternity leave is granted to a married female employee in every instance of pregnancy irrespective of frequency.
Section 14 allows an employee to report back to duty before the expiration of maternity leave if she presents a medical certificate that she is physically fit, and the commuted money value of the unexpired portion need not be refunded; on returning early, she receives both maternity benefits and salary for actual services effective the day she reports.
Section 15 allows maternity leave with pay even if delivery occurs not more than 15 calendar days after termination of service, because the right has accrued.
Section 19 grants paternity leave: seven (7) working days for the first four (4) deliveries of a legitimate spouse with whom the male employee is cohabiting; the first of the four deliveries is reckoned from the effectivity of the Paternity Leave Act on July 15, 1996.
Section 19 limits entitlement where the male employee has more than one (1) legal spouse: paternity leave applies for an absolute maximum of four deliveries regardless of which spouse gives birth.
Section 20 provides paternity leave is non-cumulative and strictly non-convertible to cash, and may be enjoyed continuously or intermittently on days immediately before, during, and after the childbirth or miscarriage.
Section 21 grants special leave privileges in addition to vacation, sick, maternity, and paternity leaves (except teachers and those covered by special leave laws), subject to conditions that include:
- A maximum of three (3) days within a calendar year of any or combination of special leave privileges;
- Special leave privileges are non-cumulative and non-commutative;
- Application must be submitted at least one (1) week prior to availment except on emergency cases;
- Special leave privilege may be availed when the occasion is personal to the employee and that of the employee’s immediate family.
Section 22 requires monetization of vacation leave credits for eligible officials and employees who have accumulated 15 days vacation leave credits: they may monetize a minimum of ten (10) days, while retaining at least five (5) days, and may monetize a maximum of thirty (30) days in a given year.
Section 23 allows monetization of fifty percent (50%) of all accumulated leave credits for valid and justifiable reasons, subject to agency head discretion and fund availability.
Section 25 imposes forced/mandatory vacation leave: all officials and employees with 10 days or more vacation leave credits must go on vacation leave for a minimum of five (5) working days annually, either continuous or intermittent, under the specified rules.

Teacher and teacher-related leave rules

Section 6 states teachers are not entitled to usual vacation and sick leave credits; instead they receive proportional vacation pay (PVP) of 70 days of summer vacation plus 14 days of Christmas vacation, and a teacher who renders continuous service in a school year without absences without pay of not more than 1A12 days is entitled to 84 days of proportional vacation pay.
Section 6 provides that other teacher leave benefits such as study leave and indefinite sick leave are covered by Section 24 and 25 of RA 4670.
Section 7 provides that day care workers and other appointive employees with the same work schedule as teachers earn leave credits under Sections 6 and 9.
Section 8 provides that teachers designated to perform non-teaching functions and who render the same hours of service as other employees are entitled to vacation and sick leave.
Section 9 explains vacation service credits for teachers are used to offset illness absences or proportional vacation salary deductions due to personal reasons or late appointment, and earning of service credits follows guidelines issued by DECS.
Section 45 provides that teachers and other school personnel on the teacher leave basis who resign, retire, or are separated through no fault of their own on or after January 16, 1986 are paid the money value of unused vacation service credits converted to vacation and sick leave using the formula set in the rules.

Conditions, approvals, computations, and effects

Section 24 sets the monetization computation formula: (Monthly Salary × No. of days to be monetized) ÷ 22 working days.
Section 26 makes vacation and sick leave cumulative and allows carryover to succeeding years, and also grants commutation upon retirement, voluntary resignation, or separation through no fault of the employee, exclusive of Saturdays, Sundays, and holidays, without limitation as to accumulation for employees whose leave benefits are not covered by special law.
Section 26 provides that if an employee whose leave was commuted is reemployed before the expiration of the commuted leave, no refund is required for the unexpired portion, and leave credits restart from zero balance.
Section 27 provides the computation rule: vacation leave and sick leave are computed as one day for every 24 days of actual service, with tables for leave with pay and leave without pay using the table of “day leave earned” and “month leave earned.”
Section 28 defines actual service as continuous service since appointment, including periods covered by previously approved leave with pay, excludes leave of absence without pay for reasons other than illness, and applies fractions: ≥ 1/4 but < 3/4 counts as one-half day, and ≥ 3/4 counts as one full day.
Section 29 provides that for employees with irregular schedules (including hospital personnel) off-duty days occurring within authorized leave are excluded from deduction of leave from earned credits.
Section 30 provides that for flexible working hours employees rendering less than eight (8) hours per day but completing 40 hours per week, deductions are only for the minimum number of hours required for a day not served, charged proportionally.
Section 31 authorizes the proper head of department/local government unit/government-owned or controlled corporation, in discretion, to authorize commutation of salary during vacation and sick leave and direct its payment at the beginning of such leave.
Section 33 provides that an employee absent on a day immediately preceding or succeeding Saturday, Sunday, or holiday is not considered absent on those days, for intermittent or broken absences, but not for continuous or uninterrupted absences without pay exceeding seven (7) calendar days.
Section 34 provides that tardiness and undertime are deducted from vacation leave credits and not charged against sick leave credits, unless undertime is for health reasons supported by medical certificate and application for leave.
Section 38 requires terminal leave payment requests to be brought within ten (10) years from the time the right of action accrues.
Section 39 provides the basis for terminal leave computation is the highest monthly salary received during employment, unless the latest salary is the highest.
Section 40 sets terminal leave computation formula: TLB = D × S ÷ 22, where D is number of accumulated leave (VL & SL), S is highest monthly salary received, and 22 is number of working days in a month pursuant to R.A. 6758.
Section 41 provides that employees on terminal leave do not earn leave credits and are out of service while enjoying benefits derived during prior employment.
Section 42 provides that an official/employee extended beyond compulsory retirement at age 65 for another six (6) months no longer earns leave credits.
Section 44 provides that an employee on probation may avail of leave credits already earned during probation; leave of absence without pay during probation extends completion for the same number of days of such absence.
Section 49 mandates that if the head of agency (or duly authorized representative) does not act on an application for leave (including terminal leave) within five (5) working days after receipt, the application is deemed approved.
Section 50 provides that an employee absent without approved leave is not entitled to salary for the period of unauthorized absence; absence no longer deducts from accumulated leave credits if the employee has any.
Section 51 requires vacation leave applications for one full day or more to be submitted on the prescribed form five (5) days in advance, when possible.
Section 52 provides that vacation leave for reasons other than illness must be contingent on needs of the service, granting being at the discretion of the head of department/agency.
Section 53 governs sick leave applications for one full day or more: use prescribed form and file immediately upon return; notice of absence must be sent to immediate supervisor and/or agency head; sick leave exceeding five (5) successive days must be supported by proper medical certificate; sick leave may be applied in advance when examination/operation/advised rest is supported by medical certificate; for ordinary sick leave already taken not exceeding five days, the head determines propriety and may require a medical certificate in case of doubt.
Section 54 provides sick leave is granted only due to sickness or disability of the employee or any member of immediate family.
Section 55 provides for rehabilitation leave for job-related injuries: applications must be filed on prescribed form with proper medical certificate and evidence the injury was incurred in performance of duty; the head directs absence during disability to be on full pay not exceeding six (6) months and authorizes payment of medical attendance, necessary transportation, subsistence, and hospital fees; absence is not charged against sick or vacation leave.
Section 56 provides that absences in excess of accumulated vacation or sick leave credits earned are without pay; when sick leave is exhausted, vacation may be used but not vice versa.
Section 57 allows leave without pay not exceeding one year, and provides clearance is required for leave without pay in excess of one month.
Section 58 prohibits granting leave without pay whenever the employee has leave with pay to his credit, except in the case of secondment.
Section 59 provides for seconded employees: they are on leave without pay from the mother agency for the duration of secondment, and during such period may earn leave credits which are commutable immediately thereafter at and payable by the receiving agency.
Section 60 provides that for step increment computation, approved vacation leave without pay for an aggregate of 15 days does not interrupt the continuity of the three-year service requirement; if total vacation leave without pay within the three-year period exceeds 15 days, one-step increment is delayed for the same number of days absent without pay.
Section 61 provides that with pending formal administrative charges, no vacation leave with pay is granted during the pendency of the case.
Section 62 provides that if an employee on leave without pay under Section 57 fails to report at the expiration of one year, the employee is automatically separated.
Section 63 provides that continuous absence without approved leave for at least thirty (30) calendar days constitutes AWOL and results in separation or dropping from the rolls without prior notice; the employee must be informed at the address appearing in 201 files not later than five (5) days from effectivity; where unauthorized absences are less than thirty (30) calendar days, a written Return-to-Work Order is served and failure to report within the period is a ground to drop from the rolls.
Section 64 provides that while the incumbent is on vacation or sick leave (with or without pay), the position is not vacant and only substitute appointment may be made.
Section 65 provides that an official/employee separated from service for cause forfeits leave credits.
Section 66 provides that dismissed officials/employees later exonerated and reinstated are entitled to leave credits during the period they were out of service.
Section 67 provides that violation of leave laws, rules, or regulations, or any misrepresentation or deception in connection with an application for leave, is a ground for disciplinary action.

Terminal leave: filing and processing

Section 35 provides that terminal leave requires filing of an application by an official/employee who intends to sever connection with the employer, as condition sine qua non with resignation, retirement, or separation through no fault on the employee’s part, and it must be shown that public employment ceases by one of those modes.
Section 36 provides that application for commutation of vacation and sick leave in connection with separation through no fault is sent to the head of the department for approval, and Ombudsman clearance is no longer required for processing and payment of terminal leave (because Ombudsman clearance is needed only for payment of retirement benefits).
Section 37 grants commutation of leave credits exclusive of Saturdays, Sundays, and holidays without limitation and regardless of when earned for those who retire, voluntarily resign, or are separated through no fault and not covered by special law.
Section 41 limits accrual by providing that terminal-leave status does not produce further leave credits.
Section 43 provides that applicants for vacation or sick leave are granted leave with pay at the salary currently receiving at the time of application.

Leave monetization, forced leave, and accumulation

Section 22 limits monetization for those with 15 days accumulated vacation leave credits to a minimum monetization of ten (10) days with at least five (5) days retained and a maximum of thirty (30) days in a given year.
Section 23 authorizes monetization of 50% of all accumulated leave credits for valid and justifiable reasons subject to agency head discretion and funds.
Section 25 mandates forced/mandatory leave for those with 10 days or more vacation leave credits and requires staggered schedules by the head of agency upon prior consultation with employees.
Section 25(b) provides forfeiture for mandatory annual five-day vacation leave if not taken during the year, but if canceled due to exigency, the canceled leave not enjoyed is no longer deducted from total accumulated vacation leave.
Section 25(c) provides that retirement and resignation in a particular year without completing the calendar year do not warrant forfeiture of corresponding leave credits if employees opted not to avail of the required five-day mandatory vacation leave.
Section 25(d) provides those with accumulated vacation leave less than ten (10) days may opt to go on forced leave or not, but employees with accumulated vacation leave of 15 days who availed monetization for 10 days under Section 22 remain required to go on forced leave.
Section 26 confirms commutation of accumulated vacation and/or sick leave upon separation through no fault of the employee, with no limit as to number of days of vacation and sick leave that may accumulate, subject to the rule that leave benefits must not be covered by special law.
Section 27 and Section 28 provide the basis and method for computing earned leave, including fractional counting and the inclusion/exclusion of periods in “actual service.”

Administrative consequences for misconduct

Section 67 authorizes disciplinary action for violations of leave laws, rules, or regulations and for misrepresentation or deception connected with an application for leave.
Section 65 forfeits leave credits upon separation from the service for cause.
Section 63 provides dismissal consequences for extended AWOL: thirty (30) calendar days continuous absence without approved leave results in separation or dropping from the rolls without prior notice, with required written information within five (5) days from effectivity.

Effect of transfers and procedural remedies

Section 47 allows transfer of accumulated vacation and/or sick leave credits when an employee moves from one government agency to another, with the “transfer” option exercisable as a matter of right only when the employee has no gaps in service, and allowing at most a one month gap if not due to employee fault; the transfer option must be exercised within one (1) year from transfer to the new agency.
Section 47 excludes transfer of leave credits of uniformed personnel from the military to the civilian service.
Section 48 provides a remedy: if transfer is denied or not effected in line with the preceding section, the employee may claim the money value of leave credits from the office where the credits were earned.
Section 49 provides the procedural presumption of approval if leave applications are not acted upon within five (5) working days after receipt.

Repeal and alignment clause

The Circular repeals or amends all existing civil service rules and regulations, circulars, and memoranda inconsistent with the amended rules on leave and the defined leave terms under Rule I.