Title
Vacation and Sick Leave for Municipal Employees
Law
Commonwealth Act No. 490
Decision Date
Jun 18, 1939
Commonwealth Act No. 490 grants regularly appointed municipal officers and employees in the Philippines fifteen days of vacation leave and fifteen days of sick leave with full pay, after six months of continuous service, excluding certain provinces.

Legal basis and amendments

  • Section 1 amends Sections 284 and 285-A of the Administrative Code, as amended by Commonwealth Act No. 220.
  • The amended Section 284 is captioned “Vacation leave.”
  • The amended Section 285-A is captioned “Sick leave in addition to vacation leave.”

Policy and purpose

  • The Act establishes paid vacation leave and paid sick leave for regularly appointed municipal officers and employees.

Coverage and covered employees

  • Section 284 covers regularly appointed officers and employees of the National Government, provincial government, government of a chartered city, municipality, or municipal district in any regularly or specially organized province.
  • Section 284 limits coverage to regularly appointed personnel other than those mentioned in Sections 268, 271, and 274.
  • Section 285-A covers regularly and permanently appointed officers and employees of the National Government, provincial government, government of a chartered city, municipality, or municipal district in any regularly and specially organized province.
  • Section 285-A limits coverage to personnel other than those mentioned in Sections 268, 271, and 274.

Vacation leave: entitlement and conditions

  • Section 284 provides that after at least six months continuous, faithful, and satisfactory service, the President or proper department, or the chief of office for municipal employees, may grant vacation leave.
  • Section 284 authorizes 15 days’ vacation leave with full pay for each calendar year of service.
  • Section 284 requires vacation leave to be inclusive of Sundays and holidays.
  • Section 284 gives the grant of vacation leave through the stated authority as a matter of discretion.

Vacation leave: who grants

  • For municipal employees, Section 284 assigns the grant authority to the chief of office.
  • For employees under the National Government and other covered governments, Section 284 assigns the grant authority to the President or the proper department.

Sick leave: entitlement, inclusions, and grounds

  • Section 285-A grants 15 days of sick leave for each year of service with full pay, in addition to vacation leave.
  • Section 285-A requires sick leave to be inclusive of Sundays and holidays.
  • Section 285-A limits sick leave grant to cases of sickness on the part of the employee concerned or any member of his immediate family.
  • Section 285-A bars sick leave for sickness that is not due to vicious and immoral habits, intemperance, or willful misconduct.

Sick leave: who grants

  • Section 285-A requires sick leave to be granted by the President, Head of Department, or the independent office concerned for covered personnel under their respective authority.
  • For municipal employees, Section 285-A requires sick leave to be granted by the chief of office.

Savings, repeals, and separability

  • Section 1 and the amended Sections 284 and 285-A govern the rules on vacation and sick leave for the covered categories of regularly appointed personnel.

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