Civil Service
Leave and Other
Matters
10/07/15
I: LEAVE OF ABSENCE
What is the nature of a leave of
absence?
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It is granted to officials and
employees as a right not to
report for work with or without
pay as may be provided by law
and as the CSC rules prescribe.
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What is the effect of a failure of
the head of agency to act on an
application for leave?
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The application for leave shall be
deemed approved if the same had
not been acted upon by the head
of agency or his representative
within five (5) days from the filing
of the application
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What is the effect of an
absence
approval?
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without
prior
The employee shall not be
entitled to receive his salary
corresponding to the number of
days he was absent.
If the employee has outstanding
leave credits, his absence shall
not be deducted therefrom
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Is the practice of filing a leave of absence after
the employee has been absent correct?
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NO.
An application for leave for at least one (1) day
or more must be filed in advance or not later than five
(5) days from the date of the intended leave of
absence.
An absence, even if it is in the nature of a right, may
not be exercised whimsically but with caution. An
employee who seeks to be absent from his functions
must bear in mind that he does so to the detriment of
the public that he serves.
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Situation:
After ten years of service as a teacher,
Ms. A files for a monetary claim and
seeks conversion of her leave credit to
its equivalent in cash. May her claim be
allowed?
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No. As claim may not be allowed.
Teachers are not entitled to the usual vacation
and sick leave credits but to proportional vacation
pay (PVP) of 70 days of summer vacation plus 14
days of Christmas vacation.
Provided that the teacher has rendered continuous
service in a school year and has not incurred more
than 1 days of absence without pay.
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When may a teacher avail of vacation
service credits?
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DepEd Order No. 53, s. 2003
The teacher may avail of vacation service credits
when he has rendered activities during the
summer or Christmas vacation, as authorized by
proper authority.
It is granted only for work beyond regular functions
or beyond regular work hours/days where
payment of honorarium or overtime pay is not
possible.
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These vacation service credits are
used to offset absences of a
teacher due to illness or to offset
proportional deduction in vacation
salary due to absences for
personal reasons or late
appointment.
One (1) work day is used to offset
one (1) day of absence.
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What activities are
eligible for the granting
of service credits?
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1. Registration and election days as long
as these are mandated duties;
2. Calamity and rehabilitation when
schools are used as evacuation
centers;
3. Conduct or remedial classes during
the summer or Christmas vacation or
outside of regular school days;
4. Early opening of the school year;
5. School sports competitions held
outside regular school days;
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6. Training teachers in addition to their normal teaching
loads;
7. Teaching overload not compensated by honoraria;
8. Teaching non-formal education classes in addition to
teaching formal education classes carrying a normal
teaching load;
9. Work done during regular school days if these are in
addition to the normal teaching load;
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10.Conduct of testing activities held outside of school
days; and
11. Attendance/participation in special DepEd projects
and activities which are short-term in duration such
as English, Science and Math Mentors Training,
curriculum writing workshop, planning workshop,
etc., if such are held during summer vacation or
during week ends.
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On the other hand, some
activities may not make a teacher
eligible for service credits. What
are these activities?
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1. in-service training programs fully funded by
the government;
2. assignment to clerical work, such as
checking forms and finishing reports;
3. reassignment of teachers to duty in another
bureau of office (detailed in another office);
4. assignment in connection with exhibits at a
fair;
5. postponement of regular teachers
vacation; and
6. time spent in travelling to and from station
to the place where services are
rendered.
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What is the effect of an absence
without approved leave?
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An official or employee who is
absent without approved leave
for at least 30 working days
shall be considered on absence
without official leave (AWOL)
and shall be separated from
the service or dropped from
the rolls without prior notice.
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However, when it is clear under the
obtaining circumstances that the official or
employee concerned, has established a
scheme to circumvent the rule by incurring
substantial absences though less than 30
days 3x in a semester, such that a pattern is
already apparent, dropping from the rolls
without notice may likewise be justified.
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All absences in excess of his
accumulated vacation or sick
leave credits earned shall be without
pay. If an employee had already
exhausted his sick leave credits, he
can use his vacation leave credits but
not vice versa.
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A: ABSENTEEISM AND
TARDINESS
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When can an employee be
considered habitually
absent/tardy?
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Habitually Absent
If he incurs unauthorized absences
exceeding the allowable two and half (2.5)
days monthly leave credits for at least three
(3) months in a semester or at least three
(3) consecutive months during the year.
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Habitually Tardy
if he incurs tardiness, regardless of
the number of minutes, ten (10)
times a month for at least two (2)
months in a semester or at least two
(2) consecutive months during the
year.
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B: UNDER TIME AND
TARDINESS
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CSC Resolution No. 101357,
June 06, 2010
(Guidelines on under time)
Any officer/employee who incurs under time,
regardless of the number of minutes/hours, ten
(10) times a month for at least two months in a
semester shall be liable for Simples
Misconduct and/or Conduct Prejudicial to the
Best Interest of the Service;
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Any officer/employee who incurs
undertime, regardless of the number of
minutes/hours, ten (10) times a month for
at least two months consecutive months
during the year shall be liable for Simples
Misconduct and/or Conduct Prejudicial to
the Best Interest of the Service;
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Guidelines on Half Day
Absence
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CSC Resolution No. 101358,
June 6, 2010
(Guidelines on Half-day Absences)
Any officer/employee who is absent in the morning
is considered to be tardy and is subject to the
provisions on Habitual Tardiness; and
Any officer/employee who is absent in the
afternoon is considered to have incurred
undertime, subject to the provisions on
Undertime.
10/07/15
II: OTHER LEAVE PRIVILEGES
10/07/15
Maternity Leave
DURATION: 60 days with full pay
CONDITIONS:
a. The employee must be a woman, who may
either be married or unmarried, in every
instance of pregnancy irrespective of its
frequency.
b. The employee must have rendered an
aggregate of two (2) or more years of service.
c. The privilege should be availed of either before
or after the actual delivery period in a
continuous and uninterrupted manner.
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Can a teacher avail of her
maternity leave privilege if she
delivers during a long vacation?
10/07/15
Yes, She may avail of the
privilege and shall be entitled to
receive both the maternity
benefits and proportional
vacation
pay.
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If the service rendered is less
than two years, is a woman
employee entitled to maternity
benefits?
10/07/15
Yes. Maternity benefits for those
who have rendered one (1) year or
more but less than two (2) years of
service shall be computed in
proportion to their length of service.
Those who have served for less
than one (1) year shall be entitled
to 60-day maternity leave with half
pay.
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Can maternity benefits be granted to a
woman employee who has been
ordered dismissed or separated from
the service?
10/07/15
Yes, if the delivery occurs not
more than 15 calendar days
after the termination of the
employees service since her
right thereto has already
accrued.
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Is a woman with pending
administrative case entitled of
maternity leave of absence?
10/07/15
Yes, she is entitled to
maternity leave with pay.
10/07/15
If an employee on maternity leave
shall report back to work before the
expiration of the maternity leave, will
she be required to reimburse the
benefits already received?
10/07/15
No. The leave privilege has already accrued to her
benefit, thus she is no longer obligated to reimburse
the benefits she has earned.
she will receive both the benefits and actual services
rendered effective on the day she reports for work.
However, she should present a medical certificate
that she is physically fit to assume the duties of her
position.
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Paternity Leave
DURATION: 7 working days with full pay
CONDITIONS:
a. The employee must be a married male
employee.
b. First four (4) deliveries of legitimate spouse.
c. The leave is non-cumulative and nonconvertible to cash.
d. It can be enjoyed on the days immediately
before, during or after the childbirth or
miscarriage of his legitimate spouse, either
10/07/15 Intermittent or continuous.
How shall the privilege be
availed of by an employee who
has more than two legal
spouses?
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The employee may avail of the
paternity leave for an absolute
maximum of only four (4) deliveries
regardless of whichever spouse gives
birth.
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Parental Leave
It is a leave benefit granted to a solo
parent to enable said parent to perform
parental duties and responsibilities
where physical presence is required.
DURATION: 7 days with full pay in
addition to existing leave privileges.
CONDITIONS:
a. The solo parent must have rendered
government service for at least one (1)
year, whether continuous or broken,
reckoned at the time of the effectivity of
R.A. 8972 on September 22, 2002 and
regardless of employment status .
b. It can be availed of on a staggered or
continuous basis, subject to the approval
of the head of agency/office.
c. It shall be availed of every year
otherwise it is forfeited.
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d. It is not convertible to cash.
e. Accordingly, the solo parent
shall submit the application for
parental leave at least one (1)
week prior to its availment,
except on emergency cases.
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When may the leave privilege
be availed of?
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The employee shall attend to personal
milestones of a child such as birthdays, first
communion, graduations and other similar
events;
perform parental obligations such as enrolment
and attendance in school
programs, PTA meetings and the like;
attend to medical, social, spiritual and
recreational needs of the child; and
other similar circumstances necessary in the
performance of parental duties and
responsibilities, where physical presence of a
parent is required.
10/07/15
Who is considered a solo
parent?
10/07/15
A woman who gives birth as a result of rape and
other crimes against chastity, even without a
final conviction of the offender: Provided, that
the mother keeps and raises the child;
parent left solo or alone with the responsibility of
parenthood due to any of the following
circumstances:
death of spouse
detention of the spouse or serving sentence for a
criminal conviction for at least one (1) year;
physical/mental incapacity of spouse as certified by a
public medical practioner;
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legal separation or de facto separation from
spouse for at least one year provided he/she
has custody of the children;
declaration of nullity or annulment of
marriage as decreed by a court or by a
church, provided, he/she has custody of the
children; and
abandonment of spouse for at least one year
Unmarried person who has preferred to
keep and rear the children
instead of having others care for them or
give them up to a welfare institution;
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Any other person who solely provides parental
care and support to a child or children provided
said person is duly licensed as a foster parent by
the DSWD or duly appointed legal guardian by the
court;
Any family member who assumes the
responsibility of head of family as a result of the
death, abandonment, disappearance or prolonged
absence of the parents or solo parent: Provided,
that such abandonment, disappearance, or
absence lasts for at least one (1) year.
10/07/15
What is the procedure in
availing of Parental Leave?
10/07/15
1. Solo parent shall present a Solo Parent Identification
Card issued by the Municipal/City Social Welfare and
Development Office
1. Submit the application for parental leave (CS Form 6)
supported by certified true copy of the Solo Parent ID
and birth certificate of the child/children, and medical
certificate, if necessary
1. Based on the documents submitted, the immediate
supervisor/division chief will recommend
approval/disapproval of the application
1. The HRMO/personnel officer evaluates the
application for leave
1. The Head of Agency/Office approves/disapproves the
application.
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May an application for
parental leave be denied?
10/07/15
Approval of parental leave application is
mandatory, provided it is in order.
Non-approval without justifiable reason shall
be a ground for appropriate sanction against
the official concerned.
10/07/15
10-day Leave under R.A. 9262
Who are entitled of the ten-day paid
leave of absence?
1. Any woman employee in the government
service regardless of employment status, who
is a victim of violence.
1. Any woman employee whose child is a victim
of violence as defined therein and whose age
is below eighteen (18) or above eighteen (18)
but unable to take care of himself/herself.
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CONDITIONS:
a.The application for leave is filed,
whenever practicable, before the
actual leave of absence or
immediately upon the woman
employees return form such
leave, accompanied by any of
the following:
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Barangay Protection Order (BPO) obtained from
the barangay;
Temporary/Permanent Protection Order
(TPO/PPO) obtained from court;
Certification issued by the Punong
Barangay/Kagawad or Prosecutor or the Clerk
of Court as to that application for BPO, TPO or
PPO has been filed the said office, if no such
Order has been issued; or
at the discretion of the immediate supervisor, in
the absence of BPO/TPO/PPO or certification, a
police report specifying the details of the
occurrence of violence and a medical
certificate.
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b. the ten-day leave can be
availed of in a continuous or
intermittent manner;
b. It is non-cumulative and
non-convertible to cash.
b. Leaves not availed of are
considered waived.
10/07/15
Maternity Leave under R.A. 8552
(Domestic Adoption Act of 1998)
'Section 34. Benefits. The adoptive parents shall,
with respect to the adopted child, enjoy all
the benefits to which biological parents are
entitled. Maternity and paternity and other
benefits given to biological parents
upon the birth of a child shall be
enjoyed if the adoptee is below seven
(7) years of age as of the date the child
is placed with the adopted parents
through the Pre-Adoptive Placement
Authority issued by the Department.'
10/07/15
Sick Leave
CONDITIONS:
1. It shall be granted only on account of sickness
or disability on the part of the employee
concerned or of any member or his immediate
family.
2. Approval thereof, whether with pay or without
pay, is mandatory provided proof of sickness or
disability is attached to the application in
accordance with the requirements.
3. The employee shall notify his immediate
supervisor/agency head of his absence
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4. Upon his return, he shall file his application for
sick leave in the prescribed form.
4. Sick leave in excess of five (5) days shall be
accompanied by a proper medical certificate.
4. If the employee will undergo medical examination
or operation or advised to rest in view of ill health
duly supported by a medical certificate, sick leave
may be applied in advance.
4. In ordinary application for sick leave already
taken not exceeding five (5) days, the agency
head may determine whether or not granting of
sick leave is proper.
8. In case of doubt, a medical certificate may be
required.
10/07/15
CSC M.C. No. 17 s. 2002.
Resolution No. 021181
and
M.C. No. 24 s. 2002/
Resolution No. 021480
Certain Modes of
Separation
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I. Resignation is the voluntary relinquishment or
surrender of the office, and the acceptance
thereof by competent authority
A. Requisites
a. Tender must be in writing
b. Voluntary
c. Acceptance by competent
authority
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NOTES:
1.
When procured by fraud or duress,
resignation may be repudiated.
2. Courtesy Resignation lacks the element of
voluntariness and is therefore not valid.
Ortiz vs. Comelec 162 SCRA 812
3. Need for Acceptance
a.
Expressly
b.
Impliedly as in the appointment of a
successor
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4.
Mere tender of resignation, without
acceptance by competent authority does
not create a vacancy in public office;
resignation is not complete until accepted
by proper authority.
Joson vs. Nacario 187 (SCRA 453)
5.
In the Philippines, acceptance of
resignation is necessary because Art. 238 of
the Revised Penal Code, penalizes any
public office who before acceptance of his
resignation, abandoned his office to the
detriment of public service
6.
If the public officer is mandated by law to
hold over, the resignation, even if accepted,
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will not be effective until after the
B. Effective date of Resignation
The date specified in the tender, and if
no such date is specified, then
resignation shall be effective when the
public officer receives notice of the
acceptance of his resignation, not the
date of the letter or notice of acceptance.
(Gamboa vs. Court of Appeals (1981)
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II. Dropping from the Rolls
Sec. 2
Rule XII Omnibus Rules of the Civil
Service.
Officers and employees who are either
habitually absent or have
unsatisfactory or poor performance or
have shown to be physically and
mentally unfit to perform their duties
may be dropped from the Rolls subject
to the following procedures;
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2.1 Absence Without Approved Leave
a.
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An officer or employee who is
continuously absent without approved
leave (AWOL) for at least (30) thirty
working days shall be separated from the
service or dropped from the rolls without
prior notice. He shall however be informed
of his separation from the service not later
than five (5) days from its effectivity which
shall be sent to the address appearing on
his 201 files or to his last known address
as amended by CSC MC no. 15, s. 1999
b. If the number of unauthorized absences
incurred is less than (30) thirty working
days, a written Return To Work order
shall be served on the official or
employee at his last known address on
record. Failure on his part to report for
work within the period stated in the
order shall be a valid ground to drop
him from the rolls as amended by
CSC M.C. no. 15 s. 1999
10/07/15
The Case in Point
City Government of Makati
vs.
Civil Service Commission
GR No. 131392 February 6, 2002
(Bellosillo, J.)
This case, enunciates the rule on automatic
leave of absence in case the employee is
arrested and/or detained or by reason of some
other forms of force majeure or other unfortunate
event.
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2.2 Unsatisfactory or Poor
Performance
a. An official or employee who is given two (2)
consecutive unsatisfactory ratings may be
dropped from the rolls after due notice. Notice
shall mean that the officer or employee
concerned is informed in writing of his
unsatisfactory performance for a semester and
is sufficiently warned that a succeeding
unsatisfactory performance shall warrant his
separation from the service. Such notice shall
be given not later than 30 days from the end of
the semester and shall contain sufficient
information which shall enable the employee to
prepare an explanation.
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b.
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An official or employee, who for one
evaluation period is rated poor in
performance may be dropped from the rolls
after due notice. Due Notice shall mean
that the officer or employee is informed in
writing of the status of his performance not
later than the 4th month of that rating
period with sufficient warning that failure to
improve his performance within the
remaining period of the semester shall
warrant his separation from the service.
Such notice shall also contain sufficient
information which shall enable the
employee to prepare an explanation.
2.3 Physically and Mentally Unfit
a.
An officer or an employee who is
continuously absent for more than one (1)
year by reason of illness maybe declared
physically unfit to perform his duties and the
Head of Office in the exercise of his sound
judgment may consequently drop him from
the rolls.
b.
An officer or employee who is intermittently
absent by reason of illness for at least two
hundred sixty (260) working days during a
24-month period may also be declared
physically unfit by the Head Office.
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c.
An officer or employee who is behaving
abnormally for an extended period which
manifests continuing mental disorder and
incapacity to work as reported by his coworkers or immediate supervisor and
confirmed by the Head of Office, may
likewise be dropped from the rolls.
For the purpose of the three (3) preceeding
paragraphs, notice shall be given to the
employee containing a brief statement of
the nature of his incapacity to work;
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2.4 The officer or employee who is
separated from the service through
any of the above modes has the
right to appeal his case within
fifteen (15) days from receipt of
such order or notice of separation.
2.5 The order of separation is
immediately executory pending
appeal, unless the commission on
meritorious grounds directs
otherwise.
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2.6 This mode of separation from the service for
unauthorized absences or unsatisfactory or
poor performance or physical and mental
incapacity is non-disciplinary in nature and
shall not result in the forfeiture or any
benefits on the part of the official or
employee nor in disqualifying him from
reemployment in the government.
2.7 The written notice mentioned in the
preceeding paragraphs may be signed by
the person exercising immediate
supervision over the official or employee.
However, the notice of separation shall be
signed by the appointing authority or Head
of Office.
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Sec. 3 Dismissal
A certified copy of the decision
rendered where the penalty of
dismissal was imposed shall be
submitted to the commission.
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IV. Conviction of a Crime
When the penalty imposed, upon conviction, carries with
it the accessory penalty of disqualification, conviction by final
judgment automatically terminates official relationship.
But, a plenary pardon extinguishes the accessory
penalty of disqualification, it will not restore the public office to
the officer convicted. He must be given a new appointment to
the position. (Monsanto vs. Factoran 170 SCRA 190).
In Sabello vs. Department of Education 180 SCRA 623
for reasons of equity, the Supreme Court held that the former
elementary school. Principal should not be re-appointed to a
lower position than that which he formerly occupied.
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But, when a person is given a pardon
because he did not truly commit the offense, the
pardon relieves him from all punitive
consequences of his criminal act, thereby
restoring him to his clean name, good reputation
and unstained character prior to his finding of
guilt. The bestowal of executive clemency in
effect completely obliterated the adverse effects
of the administrative decision which found him
guilty of Dishonesty and ordered his separation
from the service.
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This can be inferred from the executive
clemency itself exculpating petitioner from the
administrative charge and thereby directing his
reinstatement, which is rendered automatic by
the grant of the pardon. This signifies that
petitioner need no longer apply for
reinstatement; he is restored to his office ipso
facto upon the issuance of the clemency, and he
is entitled to back wages. (Vicente Garcia vs.
Chairman, Commission on Audit 226 SCRA 356).
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V. Filing of Certificate of Candidacy
Sec. 66 BP 881 provides- any person
holding a public appointive office or position
including members of the Armed Forces of the
Philippines and officers and employees in
government-owned or controlled corporations,
shall be considered ipso facto resigned from his
office upon filing of his Certificate of Candidacy.
See also secs. 4,5 and 6 of Rule XIII Omnibus
Rules.
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THANK YOU !!!
10/07/15
