Legal basis and prior issuances
- The amendment is anchored on CSC Memorandum Circular No. 41, s. 1998 through modification of Section 21.
- The circular also frames its coverage as an expanded coverage of special leave privileges previously provided under CSC MC 6 and 20 of 1998 and CSC MC No. 41, s. 1998.
- The operative change specifically amends Section 21 of CSC Memorandum Circular No. 41, s. 1998.
Policy and intent for equitable coverage
- The circular provides for the equitable availment of special leave privileges across all qualified sectors of the bureaucracy.
- The privilege must be granted regardless of civil status and personal circumstances.
- The amendment applies as a corrective measure to ensure access by qualified employees covered by the system.
Coverage and who may grant/qualify
- Section 21 grants special leave privileges to officials and employees with or without existing Collective Negotiation Agreement (CNA).
- The grant applies to those who have the privileges in addition to existing vacation, sick, maternity and paternity leave.
- Teachers and those covered by special leave laws are excluded from the coverage of the granted special leave privileges under Section 21.
- Special leave privileges are granted subject to the conditions stated in Section 21.
Special leave privileges granted
- Section 21 provides these special leave privileges in addition to vacation, sick, maternity, and paternity leave:
- Personal milestones such as birthdays/wedding/wedding anniversary celebrations and other similar milestones, including death anniversaries.
- Parental obligations such as attendance in school programs, PTA meetings, graduations, first communion, and medical needs, among others, where a child of the government employee is involved.
- Filial obligations to cover the employee’s moral obligation toward parents and siblings for their medical and social needs.
- Domestic emergencies such as sudden urgent repairs needed at home, sudden absence of a yaya or maid, and similar situations.
- Personal transactions covering the entire range of transactions with government and private offices, such as paying taxes and court appearances, and arranging a housing loan, etc.
- Calamity, accident hospitalization leave for force majeure events that affect the life, limb, and property of the employee or the employee’s immediate family.
Conditions, limits, and definition rules
- Saturday/Sunday/Holiday rule: An employee may still avail of birthday or wedding anniversary leave if the occasion falls on either a Saturday, Sunday, or Holiday, either before or after the occasion.
- Proof requirement removed: Employees applying for special privilege leaves are no longer required to present proof that they are entitled to avail of such leaves.
- Three-day limit per year: The three-day limit for a given year must be strictly observed.
- An employee may avail of one (1) special privilege leave for three (3) days or a combination of any of the leaves for a maximum of three (3) days in a given year.
- Non-cumulative and non-convertible: Special leave privileges are non-cumulative and strictly non-convertible to cash.
- Definition of immediate family under Rule 1 (Definition of Terms): Immediate family refers to spouse, children, parents, unmarried brothers and sisters, or any relative living under the same roof or dependent upon the employee for support.
Implementation and approval mechanics
- Section 21 establishes the eligibility and limits of special leave privileges, while conditions directly govern how employees may avail of the privileges.
- Employees may apply for special privilege leaves without submitting proof of entitlement.
- Employees must observe the rule that the total special privilege leave taken in a given year cannot exceed three (3) days, whether taken as a single category or a combination.
Sanctions and enforcement
- The circular provides that the three-day limit for a given year “shall be strictly observed,” establishing mandatory compliance with the limit.
Separability and repeals
- The circular takes effect immediately, and its operative amendment is the modification of Section 21 of CSC Memorandum Circular No. 41, s. 1998.