Civil Service Leave and Other

Matters

04/18/23

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.04/18/23

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 without prior

approval?

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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 therefrom04/18/23

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. A’s 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 ½ 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.

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;04/18/23

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 teacher’s 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.04/18/23

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;04/18/23

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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;

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.04/18/23

II: OTHER LEAVE PRIVILEGES

04/18/23

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?

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• 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?

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• 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.

Can maternity benefits be granted to a

woman employee who has been

ordered dismissed or separated from

the service?

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• Yes, if the delivery occurs not more than 15 calendar days after the termination of the employee’s service since her right thereto has already accrued.

Is a woman with pending

administrative case entitled of

maternity leave of absence?

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• Yes, she is entitled to maternity leave with pay.

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?

04/18/23

• 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 non-

convertible to cash.d. It can be enjoyed on the days immediately

before, during or after the childbirth or miscarriage of his legitimate spouse, either Intermittent or continuous.

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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.04/18/23

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.

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Who is considered a solo

parent?

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• 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.

What is the procedure in

availing of Parental Leave?

04/18/23

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?

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• 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.

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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 employee’s 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.  

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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.'  

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.  04/18/23

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

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A. Requisitesa. Tender must be in writingb. Voluntaryc. Acceptance – by competent

authority

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 Acceptancea. Expresslyb. Impliedly – as in the appointment of a

successor

NOTES:

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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, will not be effective until after the appointment or election of his successor.

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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. 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

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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

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The Case in PointCity Government of Makativs.Civil Service CommissionGR 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. 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.

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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 co-workers 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 !!!

04/18/23