The following rules extracted from the Omnibus Rules Implementing Book V of Executive Order No !"!

as prescribed in The Revised #dministrative $ode of %"&' RULE I (from the Omnibus Rules Implementing Book V of Executive Order No !"! )The Revised #dministrative $ode of %"&'*+

(The Revised #dministrative $ode of %"&'+ but rather the. are part of $3$ 4$ No 1%2 s %""& RULE XVI (of the Omnibus Rules Implementing Book V of Executive Order No !"!+ LEAVE OF ABSENCE Section ! "ntitlement to leave privileges

(p + The following terms used in Rule ,VI shall construed as follows% Leave of absence is generall. defined as a right granted to officials and emplo.ees not to report for work with or without pa. as ma. be provided b. law as the rules prescribe in Rule ,VI hereof Commutation of leave credits refers to conversion of unused leave credits to their corresponding mone. value Cumulation of leave credits refers to incremental ac0uisition of unused leave credits b. an official or emplo.ee Immediate family refers to the spouse2 children2 parents2 unmarried brothers and sisters and an. relative living under the same roof or dependent upon the emplo.ee for support (#mended b. $3$ 4$ 52 s %"""+ Sick leave refers to leave of absence granted onl. on account of sickness or disabilit. on the part of the emplo.ee concerned or an. member of his immediate famil. Vacation leave refers to leave of absence granted to officials and emplo.ees for personal reason s2 the approval of which is contingent upon the necessities of the service Monetization refers to pa.ment in advance under prescribed limits and sub7ect to specified terms and conditions of the mone. value of leave credits of an emplo.ee upon his re0uest without actuall. going on leave Pregnancy refers to the period between conception and deliver. or birth of a child 8or purposes of maternit. leave2 miscarriage is within the period of pregnanc. Maternity leave refers leave of absence granted to female government emplo.ees legall. entitled thereto in addition to vacation and sick leave The primar. intent or purpose of granting maternit. leave is to extend working mothers some measure of financial help and to provide her a period of rest and recuperation in connection with her pregnanc. Paternity leave refers to the privilege granted to a married male emplo.ee allowing him not to report for work for seven ('+ da.s while continuing to earn the compensation therefor2 on the condition that his legitimate spouse has delivered a child or suffered a miscarriage2 for purposes of enabling him to effectivel. lend care and support to his wife before2 during and after childbirth as the case ma. be and assist in caring for his newborn Vacation Service Credits refers to the leave credits earned b. public school teachers for services rendered during activities authori:ed b. proper authorities during long and $hristmas vacation These credits are used to offset their absences due to illness or to offset proportional deduction in vacation salar. due to absences for personal reasons or late appointment Terminal leave refers to mone. value of the total accumulated leave credits of an emplo.ee based on the highest salar. rate received prior to or upon retirement date;voluntar. separation Special leave privileges refer to leave of absence which officials or emplo.ees ma. avail of for a maximum of three (/+ da.s annuall. over and above the vacation2 sick2 maternit. and paternit. leaves to mark personal milestones and;or attend filial and domestic responsibilities Relocation leave refers to a special leave privilege granted to official;emplo.ee whenever he;she transfers residence These definitions were not part of the original Rule ,VI of the Omnibus Rules Implementing Book V of Executive No !"! In general2 appointive officials up to the level of heads of executive departments2 heads of departments2 undersecretaries and emplo.ees of the government whether permanent2 temporar. or casual2 who render work during the prescribed office hours2 shall entitle to %6 da.s vacation and %6 da.s sick leave annuall. with full pa. exclusive of 3aturda.2 3unda.s2 <ublic =olida.s2 without limitation as to the number of da.s of vacation and sick leave that their accumulate (#mended b. $3$ 4$ Nos 1%2 s %""& and %1 s %"""+ Section #! Leave of absence of part$time employees! Emplo.ees rendering services on part>time basis entitled to vacation and sick leave benefits proportionate to the number of work hours rendered # part>time emplo.ee who renders four (1+ hours of work five (6+ da.s a week or a total of !9 hours a week is entitled to ' 6 da.s vacation leave and ' 6 da.s sick leave annuall. with full pa. (#mended b. $3$ 4$ No 1%2 s %""&+ Section %! Leave of absence of employee on rotation basis Emplo.ee on rotation bases shall be entitled to vacation and sick leave corresponding to the periods of service rendered b. them If emplo.ee has been allowed to work in two or more shifts or rotation2 the periods of actual service covered b. each shift or rotation should be added together to determine the number of .ears2 months and da.s during which leave is earned (#mended b. $3$ 4$ no 1%2 s %""&+ Section &! Leave of contractual employees! $ontractual emplo.ees are likewise entitled to vacation and sick leave credits as well as special leave privileges provided in 3ection !% hereof (#mended b. $3$ 4$ no 1%2 s %""& and %12 s %"""+ Section '! Leave credits of local elective officials! ?ocal elective officials are entitled to leave privileges effective 4a. %!2 %"&/ pursuant to Batas <ambansa //' and ?ocal @overnment $ode of %""% (R# '%59+ 3aid leave credits should be commutative and cumulative (#mended b. $3$ 4$ no 1%2 s %""& and %12 s %"""+ Section (! Teac)er*s leave! Teachers shall not be entitled to the usual vacation and sick leave credits but to proportional vacation da. (<V<+ of '9 da.s of summer vacation plus %1 da.s of $hristmas vacation # teacher who has rendered continuous service in a school .ear without incurring absences without pa. of not more than % A da.s is entitled to &1 da.s of proportional vacation pa. Other leave benefits of teachers such as stud. leave and indefinite sick leave are covered b. 3ection !1 and 3ection !6 of R# 15'9 (4agna $arta for <ublic 3chool Teachers+ (<rovided for under $3$ 4$ No 1%2 s %""&+ Section +! ,t)er employees under teac)er*s leave basis! Ba. $are Corkers and all other appointive emplo.ees whose work schedule is the same as theat of teachers2 earn leave credits in accordance with 3ections 5 and " hereof (<rovided for under $3$ 4$ No 1%2 s %""&+ Section -! Teac)ers .)o are designated to perform non$teac)ing functions! Teachers who are designated to perform non>teaching functions and who render the same hours of service as other emplo.ees shall be entitled to vacation and sick leave (<rovided for under $3$ 4$ No 1%2 s %""&+

'

&

"

%9

%%

%!

%/

%1

N.B.

Section /! Vacation service credits of teac)ers! TeacherDs vacation service credits refer to the leave credits earned for services rendered on activities E during summer or $hristmas vacation2 as authori:ed b. proper authorit. These vacation service credits are used to offset absences of a teacher due to illness or to offset proportional deduction in vacation salar. due to absences for personal reasons or late appointment The manner b. which service credits ma. be earned b. teachers is sub7ect to the guidelines issued b. the Bepartment of Education2 $ulture and 3ports (BE$3+ (<rovided for under $3$ 4$ No 1%2 s %""&+ Section 0! Leave credits of officials and employees covered by special la.! The leave credits of the following officials and emplo.ees are covered b. special laws(a+ Fustice of the 3upreme $ourt2 $ourt of #ppeals and 3andiganba.anG Fudges of Regional Trial $ourts2 4unicipal Trial $ourts2 4etropolitan Trial $ourts2 $ourt of Tax #ppeals and 3hariDa $ircuit $ourtG and 3hariDa Bistricts $ourt $hairmen and $ommissionsG $ommissioners of $onstitutional

720x X X

= 60y 60y = ---720 y = ---12

8or example2 an emplo.ee has rendered one .ear and six months of serviceWhere: y X X X X = the no. of days in the = the no. of days to be y = ---12 5 0 = ---12 5 days

service paid

(b+

(<rovided under $3$ No 1%2 s %""&+ Section %! "very .oman2 married or unmarried2 may be granted maternity leave more t)an once a year! 4aternit. leave shall be granted to female emplo.ees in ever. instance of pregnanc. irrespective of its fre0uenc. (#s amended b. $3$ Resolution No 9!%1!9 published Nov %2 !99! in Toda.+ Section &! "very married or unmarried .oman may go on maternity leave for less t)an si3ty 4(05 days! Chen a female emplo.ee wants to report back to dut. before the expiration of her maternit. leave2 she ma. be allowed to do so provided she presents a medical certificate that she is ph.sicall. fit to assume the duties of her position The commuted mone. value of the unexpired portion of the leave need not be refunded that when the emplo.ee returns to work before the expiration of her maternit. leave2 she ma. receive both the benefits granted under the maternit. leave law and the salar. for actual services rendered effective the da.s she reports for work (#s amended b. $3$ Resolution no 9!%1!9 published Nov %2 !99! in Toda.+ The formula of computation for this purpose is as follows4onthl. 3alar. Rate !! Ba.s x #ctual No of Ba.s Corked

(c+

(d+ (e+

8ilipino officers and emplo.ees in the 8oreign 3ervicesG 8acult. members of state universities and colleges pursuant to section 1 (h+ of the =igher Education 4oderni:ation #ct of %""' (R# &!"!+ =owever2 in the absence of such specific provisions2 the general leave law and these rules shall be applicableG (<rovided for under $3$ 4$ No 1%2 s %"""+ Other officials are emplo.ees covered b. special laws

(f+

=ence2 members of the 7udiciar. and other government officials and emplo.ees covered b. special laws should promulgate their own implementing rules relative thereto 3aid implementing rules should be submitted to the $ivil 3ervice $ommission for record purposes (#mended b. $3$ 4$ No 1%2 s %"""+ Section ! Conditions for t)e grant of maternity leave!

Ever. woman in the government service who has rendered an aggregate of two (!+ or more .ears in service2 shall2 in addition to the vacation and sick leave granted to her2 be entitled to maternit. leave of sixt. (59+ calendar da.s with full pa. In the case of those in the teaching profession2 maternit. benefits can be availed of even if the period of deliver. occurs during the long vacation2 in which case2 both the maternit. benefits and the proportional vacation pa. shall be received b. the teacher concerned 4aternit. leave of those who have rendered one (%+ .ear or more but less than two (!+ .ears of service shall be computed in proportion to their length of service2 provided2 that those who have served for less than one (%+ .ear shall be entitled to 59>da. maternit. leave with half pa. It is understood that en7o.ment of maternit. leave cannot be deferred but it should be availed of either before or after the actual period of deliver. in a continuous and uninterrupted manner2 not exceeding 59 calendar da.s (#mended b. $3$ Resolution No 919'19 published Ful. %/2 !991 in Toda. newspaper+ Section #! 1ormula for t)e computation of maternity leave! Emplo.ees who have rendered less than two (!+ .ears of service ma. onl. receive full p)a. for a number of da.s based on the ration of 59 da.s to two .ears of service Where: y = the no. of days in the service X = the no. of days to be paid two years = 720 days 60 x ---= -720 y

3#?#RH

(<rovided under $3$ 4$ No %12 s %"""+ Section '! Maternity leave .it) pay may be granted even if delivery occurs 6ust a fe. days after t)e termination of an employee*s service! 4aternit. leave with pa. ma. be granted even if the deliver. occurs not more than %6 calendar da.s after the termination of an emplo.eeDs service as her right thereto has alread. accrued (<rovided for under $3$ 4$ No 1%2 s %""&+ Section (! Maternity leave of a female employee on e3tended leave of absence .it)out pay! If alread. entitled2 a woman emplo.ee can still avail of sixt. (59+ da.s maternit. leave with pa. even if she is on extended leave of absence without pa. (<rovided for under $3$ 4$ No 1%2 s %""&+ Section +! Maternity leave of a female employee .it) pending administrative case! Ever. woman emplo.ee in the government service is entitled to maternit. leave of absence with pa. even if she has a pending administrative case (as amended b. $3$ Resolution No 9!%11!9 published Nov %2 !99! in Toda.+ Section -! Maternity leave of contractual employees!

#ll contractual female emplo.ees whether or not receiving !9J premium on their salar. shall be entitled to maternit. leave benefits like regular emplo.ees in accordance with the provisions of 3ection %% hereof (#s amended b. $3$ Resolution No 9!%1!9 Nov %2 !99! in Toda.+ Section /! Conditions for t)e grant of paternity leave!

brothers and sisters or an. relative living under the same roof or dependent upon the emplo.ee for support (<rovided under $3$ 4$ No 1%2 s %""& and further amended b. $3$ 4$ No 52 d %"""+ Section ##! Monetization of leave credits!

Ever. married male emplo.ee is entitled to paternit. leave of seven ('+ working da.s for the first four (1+ deliveries of his legitimate spouse with whom he is cohabiting The first of the four deliveries shall be reckoned from the affectivit. of the <aternit. ?eave #ct on Ful. %62 %""5 4arried male emplo.ee with more than one "%+ legal spouse shall be entitled to avail of paternit. leave for an absolute maximum of four deliveries regardless of whichever spouse gives birth (<rovided for under $3$ 4$ No 1%2 s %""&+ Section #0! Paternity Leave non$cumulative7non$commutative! <aternit. leave of seven ('+ da.s shall be non>cumulative and strictl. non>convertible to cash The same ma. be en7o.ed either in a continuous or in an intermittent manner b. the emplo.ee on the da.s immediatel. before2 during and after the childbirth or miscarriage of his legitimate spouse (<rovided for under $3$ 4$ No 1%2 s %""& and amended b. $3$ 4$ no %12 s %"""+ Section # ! Special leave privileges! In addition to the vacation2 sick2 maternit. and paternit. leave2 officials and emplo.ees with or without existing or approved $ollective Negotiation #greement ($N#+2 except teachers and those covered b. special laws2 are granted the following special leave privileges sub7ect to the conditions hereunder stateda+ <ersonal milestones such as birthda.s;wedding;wedding anniversar. celebrations and other similar milestones2 including death anniversaries <arental obligations such as attendance in school programs2 <T# meetings2 graduations2 first communion2 medical needs2 among others2 where a child of the government emplo.ee is involved 8ilial obligations to cover the emplo.eeDs moral obligation toward his parents and siblings for their medical and social needs Bomestic emergencies such as sudden urgent repairs needed at home2 sudden absence of a K.a.aL or maid2 and the like <ersonal transactions to cover the entire range of transactions an individual does with government and private offices such as pa.ing taxes2 court appearances2 arranging a housing loan2 etc $alamit.2 accident2 hospitali:ation leave pertain to force ma7eure events that affect the life2 limb and propert. of the emplo.ee or his immediate famil. % #n emplo.ee can still avail of his birthda. or wedding anniversar. leave if such occasion falls on either a 3aturda.2 3unda. or =olida.2 either before or after the occasion Emplo.ees appl.ing for special privilege leaves shall no longer be re0uired to present proof that the. are entitled to avail such leaves Three>da. limit for a given .ear shall be strictl. observed- and emplo.ee can avail of one special privilege leave for three (/+ da.s or a combination of an. of the leaves for maximum of three da.s in a given .ear 3pecial leave privilege are non> cumulative and strictl. non>convertible to cash Immediate famil. in Rule I (Befinition of Terms+ refers to spouse2 children2 parents2 unmarried

Officials and emplo.ees in the career and non>career service whether permanent2 temporar.2 casual2 or coterminous2 who have accumulated fifteen (%6+ da.s of vacation leave credits shall be allowed to moneti:e a minimum of ten (%9+ da.s- <rovided2 that at least five (6+ da.s is retained after moneti:ation and provided further that a maximum of thirt. (/9+ da.s ma. be moneti:ed in a given .ear (<rovided for under $3$ 4$ No 1%2 s %""&+ Section #%! Monetization of '08 or more of vacation7sick leave credits! 4oneti:ation of fift. percent (69J+ or more of the accumulated leave credits ma. be allowed for valid and 7ustifiable reasons such asa =ealth2 medical and hospital needs of the emplo.ee and the immediate members of his;her famil.G 8inancial aid and assistance brought b. force ma7eure events such as calamities2 t.phoons2 fire2 earth0uake and accidents that affect the life2 limb and propert. of the emplo.ee and his;her immediate famil.G Educational needs of the emplo.ee and the immediate members for his;her famil.G <a.ment of mortgages and loans which were entered into for the benefit or which inured to the benefit of the emplo.ee and his;her immediate famil.G In case of extreme financial needs of the emplo.ee or his;her immediate famil. where the presents sources of income are not enough to fulfill basic needs such as food2 shelter and clothingG Other analogues cases as ma. be determined b. the $ommission

b+

c+

The moneti:ation of 69J or more of the accumulated leave credits shall be upon the favorable recommendation of the agenc. head and sub7ect to availabilit. of funds Immediate famil. is used herein as defined in Rule I (definition of Terms+ of the Omnibus Rules Implementing the administrative $ode of %"&' (#s amended b. $3$ Resolution No 9!9'/% published Fune '2 !99! in Toda.+ Section #&!9 Computation of Leave Monetization! Either of the following formula shall be used for the computation of 4oneti:ation of ?eave $reditsNo of da.s to be moneti:ed x $8 ( 91'&9&'+M I 4one. value of the moneti:ed leave

d+

e+

f+

4onthl. 3alar.

OR 4onthl. 3alar. !9 "%555'MM No of da.s to be 4oneti:ed 4one. value of the moneti:ed leave

M$onstant 8actor based on 3ection 19 of $3$ 4$ No %12 s %""" MM E0uivalent number of da.s in a month for computation of 4?$ based of the total number of working da.s per .ear (!6%+ )3ection 19 of $3$ 4$ No %12 s %"""* divided bu. the number of months in a .ear (%!+

M#s amended b. $3$ 4$ No & s !99/ #lso2 the $ommission further reiterates its polic. on 4aternit. ?eave as follows3alaries for the actual service rendered within the unexpired portion of the maternit. leave shall be computed based on the dail. wage rate <ursuant to R # 5'6& (3alar. 3tandardi:ation ?aw+2 the dail. wage rate shall be determined b. dividing the monthl. salar. b. !! working da.s in a month Section #'! 1ive days forced7mandatory leave! #ll officials and emplo.ees with %9 da.s or more vacation leave credits shall be re0uired to go on vacation leave whether continuous or intermittent for a minimum of five (6+ working da.s annuall. under the following conditions(a+ The head agenc. shall2 upon prior consultation with the emplo.ees2 prepare a staggered schedule of the mandator. five>da. vacation leave of officials and emplo.ees2 provided that he ma.2 in the exigenc. of the service2 cancel an. previousl. scheduled leave The mandator. annual five>da. vacation leave shall be forfeited if not taken during the .ear =owever2 in cases where the scheduled leave has been cancelled in the exigenc. of the service b. the head of agenc.2 the scheduled leave not en7o.ed shall no longer be deducted from the total accumulated vacation leave Retirement and resignation from the service in a particular .ear without completing the calendar .ear do not warrant forfeiture of the corresponding leave credits if concerned emplo.ees opted not to avail the re0uired five>da. mandator. vacation leave Those with accumulated vacation leave less than ten(%9+ da.s shall have the option to go on forced leave or not =owever2 officials and emplo.ees with accumulated vacation leave of %6 da.s who availed of moneti:ation for %9 da.s2 under 3ection !! hereof2 shall still be re0uired to go on forced leave (#mended b. $3$ 4$ No 1%2 s %""&+

! / 1 6 5 ' & " %9 %% %!

! 69 / '6 6 99 5 !6 ' 69 & '6 %9 99 %% !6 %! 69 %/ '6 %6 99

! 69 / '6 6 99 5 !6 ' 69 & '6 %9 99 %% !6 %! 69 %/ '6 %6 99

Table II V:C:TI,; :;= SIC< L":V" CR"=ITS ":R;"= ,; : =:IL? @:SIS NUMBER OF DAYS % VACATION LEAVE EARNED 91! 9&/ %!6 %5' !9& !69 !"! /// /'6 1%' 16& 699 61! 6&/ 5!6 55' '9& '69 '"! &// &'6 "%' "6& % 999 % 91! % 9&/ % %!6 % %5' % !9& % !69 SICK LEAVE EARNED 91! 9&/ %!6 %5' !9& !69 !"! /// /'6 1%' 16& 699 61! 6&/ 5!6 55' '9& '69 '"! &// &'6 "%' "6& % 999 % 91! % 9&/ % %!6 % %5' % !9& % !69

(b+

! / 6 6 5 ' & " %9 %% %! %/ %1 %6 %5 %' %& %" !9 !% !! !/ !1 !6 !5 !' !& !" /9

(c+

(d+

Section #(! :ccumulation of vacation and sick leave Vacation and sick leave shall be cumulative and an. part thereof which ma. not be taken within the calendar .ear ma. be carried over to the succeeding .ears Chenever an. official or emplo.ee retires2 voluntaril. resigns2 or is allowed to resign or is separated from the service through no fault of his own2 he shall be entitled to the commutation of all the accumulated vacation and;or sick leave to his credit2 exclusive of 3aturda.s2 3unda.s2 and holida.s2 without limitation as to the number of da.s of vacation and sick leave that he ma. accumulate provided his leave benefits are not covered b. special law Chen a person whose leaves have been commuted following his separation from the service is reemplo.ed in the government before the expiration of the leave commuted2 he shall no longer refund the mone. value of the unexpired portion of the said leave Insofar and his leave credits are concerned2 he shall start from :ero balance (#mended b. $3$ 4$ No 1%2 s %""&+ Section #+! Computation of vacation leave and sick leave $omputation of vacation and sick leave shall be made on the basis of one da. vacation leave and one da. sick leave for ever. !1 da.s of actual service using the tables of computation as follows(<rovided for under $3$ 4$ No 1%2 s %""& and further amended b. $3$ 4$ No %12 s %"""+ Table I V:C:TI,; SIC< L":V" CR"=ITS ":R;"= ,; : M,;T>L? @:SIS NUMBER OF MONTHS % VACATION LEAVE EARNED % !6 SICK LEAVE EARNED % !6

Table III L":V" CR"=ITS ":R;"= I; : M,;T> @? ,11ICI:L7"MPL,?"" AIT>,BT :;? V:C:TI,; L":V" CR"=IT L"1T
NO. OF DAYS PRESENT NO. OF DAYS ON LEAVE WITHOUT PAY LEAVE CREDITS EARNED NO. OF DAYS PRESENT NO. OF DAYS ON LEAVE WITHOUT PAY LEAVE CREDITS EARNED

/9 99 !" 69 !" 99 !& 69 !& 99 !' 69

9 99 9 69 % 99 % 69 ! 99 ! 69

% !69 % !!" % !9& % %&& % %5' % %15

%1 69 %1 99 %/ 69 %/ 99 %! 69 %! 99

%6 69 %5 99 %5 69 %' 99 %' 69 %& 99

9 591 9 6&/ 9 65! 9 61! 9 6!% 9 699

!' 99 !5 69 !5 99 !6 69 !6 99 !1 69 !1 99 !/ 69 !/ 99 !! 69 !! 99 !% 69 !% 99 !9 69 !9 99 %" 69 %" 99 %& 69 %& 99 %' 69 %' 99 %5 69 %5 99 %6 69 %6 99

/ 99 / 69 1 99 1 69 6 99 6 69 5 99 5 69 ' 99 ' 69 & 99 & 69 " 99 " 69 %9 99 %9 69 %% 99 %% 69 %! 99 %! 69 %/ 99 %/ 69 %1 99 %1 69 %6 99

% %!6 % %91 % 9&/ % 95/ % 91! % 9!% % 999 9 "'" 9 "6& 9 "/& 9 "%' 9 &"5 9 &'6 9 &61 9 &// 9 &%/ 9 '"! 9 ''% 9 '69 9 '!" 9 '9& 9 5&' 9 55' 9 515 9 5!6

%% 69 %% 99 %9 69 %9 99 " 69 " 99 & 69 & 99 ' 69 ' 99 5 69 5 99 6 69 6 99 1 69 1 99 / 69 / 99 ! 69 ! 99 % 69 % 99 9 69 9 99

%& 69 %" 99 %" 69 !9 99 !9 69 !% 99 !% 69 !! 99 !! 69 !/ 99 !/ 69 !1 99 !1 69 !6 99 !6 69 !5 99 !5 69 !' 99 !' 69 !& 99 !& 69 !" 99 !" 69 /9 99

9 1'" 9 16& 9 1/' 9 1%' 9 /"5 9 /'6 9 /61 9 /// 9 /%! 9 !"! 9 !'% 9 !69 9 !!" 9 !9& 9 %&' 9 %5' 9 %15 9 %!6 9 %91 9 9&/ 9 95! 9 91! 9 9!% 9 999

!9 !% !! !/ !1 !6 !5 !' !& !"

91! 911 915 91& 969 96! 961 965 96& 959

6" 6% 6! 6/ 61 66 65 6' 6& 6" 59

%91 %95 %9& %%9 %%! %%6 %%' %%" %!% %!/ %!6

/9 95! Section #-! :ctual service defined!

The term Kactual serviceL refers to the period of continuous service since the appointment of the official or emplo.ee concerned2 including the period or periods covered b. an. previousl. approved leave with pa. ?eave of absence without pa. for an. reason other than illness shall not be counted as part of the actual service rendered<rovided2 that in computing the length of service of an emplo.ee paid on the dail. wage basis2 3aturda.s2 3unda.s or holida.s occurring within a period service shall be considered as service although he did not receive pa. on those da.s inasmuch as his service was not then re0uired # fraction of one>fourth or more but less than three>fourth shall be considered as one Ehalf da. and a fraction of three>fourths or more shall be counted as one full da. for purposes of granting leave of absence (#mended b. $3$ 4$ No 1%2 s %""&+ Section #/! Computation of leave for employees .it) irregular .ork sc)edule Emplo.ees2 including2 among others2 hospital personnel2 whose work schedules are irregular and at times include 3aturda.s2 3unda.s2 and legal holida.s and are instead off>dut. on other da.s2 their off>dut. da.s regardless or whether the. fall on 3aturda.s2 3unda.s2 or holida.s during the period of their leave2 are to be excluded in the computation of vacation and sick leave In other words2 if an emplo.ee is off>dut.2 sa. for two (!+ da.s falling on 3aturda.s2 3unda.s2 or holida.s2 these occurring within the period of authori:ed leave are to be excluded in the deduction of the number of leave from earned leave credits of the emplo.ee (#mended b. $3$ 4$ No 1%2 s %""&+ Section %0! Computation of leave for employees observing fle3ible .orking )ours Emplo.ees observing flexible working hours who render less than the usual eight (&+ hours of work per da. but complete the fort. (19+ hours of work in a week2 shall be deducted from their leave credits onl. the numbers of hours re0uired to be served for a da. but which was not served #n. absence incurred must be charged proportion to the number of hours re0uired for a da.Ds work The number of hours to be served for a da. refers not to the eight (&+ regular hours but to the number of hours covered b. the core hours prescribed in the agenc. concerned $ompensator. service ma. be availed of outside of the regular working hours2 except 3unda.s2 to offset non>attendance or undertimes during the regular office hours sub7ect to the written approval of the agenc.Ds proper official Each government office shall formulate its own internal regulations for this purpose (#mended b. $3$ 4$ Nos 1%2 s %""& and %12 s %"""+ Section % ! Computation of salary prior to leave The proper head of department2 local government unit2 and government>owned or controlled corporation with original charter ma.2 in his discretion2 authori:e the communication of the salar. that would be received during the period of vacation and sick leave of an. appointive official and emplo.ee and direct its pa.ment at the beginning of such leave from the fund out of which the salar. would have been paid (#mended b. $3$ No 1%2 s %""&+ Section %#! :bsence on t)e regular day for .)ic) suspension of .ork is announced

T:@L" IV C,;V"RSI,; ,1 A,R<I;C >,BRS7MI;BT"S I;T, 1R:CTI,;S ,1 : =:? Based on 8 Ho!" Wo"#da$ HOURS % ! / 1 6 5 ' & MINUTES % ! / 1 6 5 ' & " %9 %% %! %/ %1 %6 %5 %' %& %" E%UIV. DAY 99! 991 995 99& 9%9 9%! 9%6 9%' 9%" 9!% 9!/ 9!6 9!' 9!" 9/% 9// 9/6 9/' 919 MINUTES /% /! // /1 /6 /5 /' /& /" 19 1% 1! 1/ 11 16 15 1' 1& 1" E%UIVALENT DAY %!6 !69 /'6 699 5!6 '69 &'6 % 999 E%UIV. DAY 956 95' 95" 9'% 9'/ 9'6 9'' 9'" 9&% 9&/ 9&6 9&' 9"9 9"! 9"1 9"5 9"& %99 %9!

Chere an official or an emplo.ee fails to report for work on a regular da. for which suspension of work is declared after the start of regular working hours2 he shall not be considered absent for the whole da. Instead2 he shall onl. be deducted leave credits or the amount corresponding to the time when official working hours start up to the time the suspension of work is announced (#mended b. $3$ 4$ Nos 1%2 s %""& and further amended b. $3$ No %12 s %"""+ Section %%! Leave of absence .it)out pay on a day immediately preceding or succeeding Saturday2 Sunday or >oliday Chen an emplo.ee2 regardless of whether he has leave credits or not is absent on a da. immediatel. preceding or succeeding a 3aturda.2 3unda. or =olida. whether such absence is continuous or not2 he shall not be considered absent on said 3aturda.s2 3unda. or =olida.s and shall not be deducted leave credits =e shall neither receive salar. for those da.s (#mended b. $3$ Nos 1%2 s %""& and %12 s %"""+ Section %&! Tardiness and undertime are deducted against vacation leave credits Tardiness and undertime are deducted from vacation leave credits and shall not be charged against sick leave credits2 unless the undertime is for health reasons supported b. medical certificate and application for leave (<rovided for under $3$ 4$ No 1%2 s %""&+ Section %'! Terminal Leave Terminal is applied for b. an official or emplo.ee who intends to server his connection with his emplo.er #ccording2 the filing of adaptabilit. for terminal leave re0uires as a condition sine 0ua non2 the emplo.eeDs resignation2 retirement or separation from the service It must be shown first that public emplo.ment ceased b. an. of the said modes of severance (<rovided for under $3$ 4$ No 1%2 s %""&+ Section %(! :pproval of terminal leave #pplication for commutation of vacation and sick leave in connection with separation through no fault of an official or emplo.ee shall be sent to the head of department concerned for approval In this connection2 clearance from the Ombudsman is no longer re0uired for processing and pa.ment of terminal leave as such clearance is needed onl. for pa.ment of retirement benefits (#mended b. $3$ 4$ No 1%2 s %""&+ Section %+! Payment of terminal leave #n. official ;emplo.ee of the government who retires2 voluntaril. resigns2 or is separated from the service and who is not otherwise covered b. special law2 shall be entitled to the commutation of his leave credits exclusive 3aturda.s2 3unda.s and =olida.s without limitation and regardless of the period when the credits were earned (#mended b. $3$ 4$ No 1%2 s %""&+ Section %-! Period .it)in .)ic) to claim terminal leave pay Re0uest for pa.ment of terminal leave benefits must be brought within ten (%9+ .ears from the time the right of action accrues upon an obligation created b. law (#mended b. $3$ 4$ No 1%2 s %""&+ Section %/! @asis of computation of terminal leave <a.ment of terminal leave for purpose of retirement of voluntar. resignation shall be based on the highest monthl. salar. received at an. time during his period of emplo.ment in the government service and not on his latest salar.2 unless the latter is the highest received b. the retiree (#mended b. $3$ 4$ No 1%2 s %""&+ Section &0! Computation of terminal leave The terminal leave benefits shall be computed as follows T?B Chere I T?B 3 B I I I 3 x B x $8 Terminal leave benefits =ighest monthl. salar. received No of accumulated vacation and sick leave credits

$8

$onstant factor is 91'&9&'

The constant factor was derived from this formula/56 %91 %9 %! I I I I Ba.s in a .ear 3aturda.s N 3unda.s in a .ear ?egal holida.s (provided b. EO !"!+ in a .ear 4onths in a .ear

%! /56 E (%91 O%9+

%! !6%

91'&9&'

This formula shall take effect on Fanuar. %62 %""" (<rovided for under $3$ 4$ No 1%2 s %""& and further amended b. $3$ 4$ No %12 s %"""+ Section & ! ,fficial7"mployee on terminal leave does not earn leave credits! The official;emplo.ee who is on terminal leave does not earn an. leave credits as he is alread. out of the service Chile on terminal leave2 he merel. en7o.s the benefits derived during the time of such emplo.ment $onse0uentl.2 he is no longer entitled to the benefits or salar. increases that ma. be granted thereafter (#mended b. $3$ 4$ No 1%2 s %""&+ 3ection 1! M <ublic officials and emplo.ees on extended service are entitled to fifteen (%6+ da.s vacation and fifteen (%6+ da.s sick leave annuall. sub7ect to the following guidelinesa ?eave credits earned on extended service are non>commutative Thus2 unused leave credits ma. not be converted to their corresponding mone. valueG ?eave credits earned on extended service are non>cumulative hence2 unused leave credits within the calendar .ear ma. not be carried over to the succeeding .earsG Executive Order No %9'' dated Fanuar. "2 %"&5 and other laws and rules on leave are applicable to officials and emplo.ees on extended service insofar as the. not inconsistent with the preceding guidelines

M#s amended b. $3$ Resolution No 91>9!!" published 4arch %62 !991 in the 4anila 3tandard # person appointed to a coterminous;primaril. confidential position who reaches the age of 56 .ears is considered automaticall. extended in the service until the expir. date of his;her appointment or until his;her services are earlier terminated Thus2 a conterminous;primaril. confidential emplo.ee is also entitled to the sick and vacation leave credits sub7ect to the rules provided herein Section &%! @asis for computation of salary during leave .it) pay #n official or emplo.ee who applies for vacation or sick leave shall be granted leave with pa. at the salar. he is currentl. receiving (#mended b. $3$ 4$ No 1%2 s %""&+ 3ection 11 ?eave during probationar. period #n emplo.ees still on probation ma. alread. avail of whatever leave credits he has earned during said period #ccordingl.2 an. leave of absence without pa. incurred during the period of probation shall extend the completion thereof for the same number of da.s of such absence (#mended b. $3$ 4$ No 1%2 s %""&+ 3ection 16 $onversion of vacation service credits of teachers to vacation and sick leave credits and vice>versaG pa.ment thereof Teachers and other school personnel on the teachersD leave basis who resigned2 retired2 or are separated from the service through no fault of their own on or after Fanuar. %52 %"&5 shall be paid the

mone. value of their unused vacation service credits converted to vacation and sick leave using the formulaVacation and 3ick ?eaveM /9 H 5" I I I I /9H;5"

absence shall no longer be deducted from his accumulated leave credits2 if there are an. (#mended b. $3$ 4$ No 1%2 s %""&+ Section ' ! :pplication for vacation leave #ll applications for vacation leave of absence for one (%+ full da. or more shall be submitted on the prescribed form for action b. the proper head of agenc. five (6+ da.s in advance2 whenever possible2 of the effective date such leave (#mended b. $3$ 4$ No 1%2 s %""&+ Section '#! :pproval of vacation leave ?eave of absence for an. reason other than illness of an official or emplo.ee or of an. member of his immediate famil. must be contingent upon the needs of the service =ence2 the grant of vacation leave shall be at the discretion of the head of department;agenc. (#mended b. $3$ 4$ No 1%2 s %""&+ Section #%! :pplication for sick leave #ll applications for sick leave of absence for one full da. or more shall be made on the prescribed form and shall be filled immediatel. upon emplo.eeDs return from such leave Notice of absence2 however2 should be sent to the immediate supervisor and;or to the agenc. head #pplication for sick leave in excess of five (6+ successive da.s shall be accompanied b. a proper medical certificate 3ick leave ma. be applied for in advance in cases where the official or emplo.ee will undergo medical examination or operation or advised to rest in view of ill health dul. supported b. a medical certificate In ordinar. application for sick leave alread. taken not exceeding five da.s2 the head of department or agenc. concerned ma. dul. determine whether or not granting of sick leave is proper under the circumstances In case of doubt2 a medical certificate ma. be re0uired (#mended b. $3$ 4$ No 1%2 s %""&+ Section '&! :pproval of sick leave 3ick leave shall be granted onl. on account of sickness or disabilit. on the part of the emplo.ee concerned or of an. member of his immediate famil. #pproval of sick leave2 whether with or without pa.2 is mandator. provided proof of sickness or disabilit. is attached to the application in accordance with the re0uirements prescribed under the preceding section Pnreasonable dela. in the approval thereof or non> approval without 7ustifiable reason shall be a ground for appropriate sanction against the official concerned (#mended b. $3$ 4$ No 1%2 s %""& and %12 s %"""+ Section ''! Re)abilitation leave for 6ob$related in6uries9 #pplications of officials and emplo.ees for leave of absence on account of wounds or in7uries incurred in the performance of dut. must be made on the prescribed from2 supported b. the proper medical certificate and evidence showing that the wounds or in7uries were incurred performance of dut. The head of department;agenc. concerned shall direct that absence of an emplo.ee during hid period of disabilit. thus occasioned shall be on full pa.2 but not exceed six (5+ months =e shall also authori:e the pa.ment of medical attendance2 necessar. transportation2 subsistence and hospital fees of the in7ured person #bsence in the case contemplated shall not be charged against sick leave or vacation leave2 if there are an. (#mended b. $3$ 4$ No 1%2 s %""&+ Section '(! Leave .it)out pay #ll absences of an official or emplo.ee in excess of his accumulated vacation or sick leave credits earned shall be without pa. To compute the salar. of emplo.ees who incur ?CO< in a given month2 use the following formula4onthl. 3alar. 4onthl. 3alar. $alendar da.s No of da.s of ?CO<

Chere-

Number of da.s in a month Total number of teacherDs service credits 6& da.s of summer vacation plus %% da.s $hristmas vacation

8ormula in obtaining 5" da.s &1 > %6 5" da.s Total number of da.s of summer;$hristmas vacation (%! da.s 3aturda.s;3unda.s during summer vacation da.s> $hristmas Ba.2 Ri:al Ba.2 New HearDs Ba.+

$onversel.2 the formula in the conversion of sick and vacation leave credits to vacation service credits of teachers is as followsV? O 3? /9

5"

(<rovided for under $3$ 4$ No 1%2 s %""& and further amended b. $3$ 4$ No %12 s %"""+ Section &(! Transfer from teac)ing to non$teac)ing service during summer vacation7entitlement to proportional vacation pay # teacher who transfer to the non>teaching service who resigned from government service ten (%9+ da.s before the close of the school .ear2 is entitled to proportional vacation pa. inasmuch as his right thereto has alread. accruedG <rovided further that the service will not be pre7udiced and provided further that he fulfills his responsibilities and obligations (<rovided for under $3$ 4$ No 1%2 s %""& and further amended b. $3$ 4$ No %12 s %"""+ Section &+! Transfer of leave credits Chen an official or emplo.ee transfers from one government agenc. to another2 he can either have his accumulated vacation and;or sick leave credits commuted or transferred to his new agenc. The second option can be exercised as a matter of right onl. b. an emplo.ee who does not have gaps in his service =owever2 a gap of not more than one month ma. be allowed provided same is not due to his fault The option to transfer accumulated leave credits can be exercised within (%+ .ear onl. from the emplo.eeDs transfer to the new agenc. This provision is not applicable to transfer of leave credits of uniformed personnel from the militar. to the civilian service (#mended b. $3$ 4$ No 1%2 s %""&+ Section &-! Remedy .)en transfer of leave credits denied #n official or emplo.ee who failed to transfer his leave credits to the new office in the line with the provisions in the preceding section ma. claim the mone. value of such leave credits from the office where earned (<rovided for under $3$ 4$ No 1%2 s %""&+ Section &/! Period .it)in .)ic) to act on leave application Chenever the application for leave of absence2 including terminal leave2 is not acted upon b. the head of agenc. or his dul. authori:ed representative within five (6+ working da.s after receipt thereof2 the application for leave of absence shall be deemed approved (#mended b. $3$ 4$ No 1%2 s %""&+ Section '0! "ffect of unaut)orized leave #n official;emplo.ee who is absent without approved leave shall not be entitled to receive his salar. corresponding to the period of his unauthori:ed leave of absence It is understood2 however that his

3alar.

>

Chen an emplo.ee had alread. exhausted his sick leave credits2 he can use his vacation leave credits but not vice versa (#mended b. $3$ 4$ Nos 1%2 s %""& and %12 s %"""+

M3ee also @uidelines for #vailing of the Rehabilitation <rivilege ($3$>BB4 Foint $ircular No %2 s !995+ Section '+! Limit of leave .it)out pay ?eave without pa. not exceeding one .ear ma. be granted2 in addition to the vacation and;or sick leave earned ?eave without pa. in excess of one month shall re0uire the clearance of the proper head of department or agenc. (#mended b. $3$ 4$ No 1%2 s %""&+ Section '-! A)en leave .it)out pay is not allo.able ?eave without pa. shall not be granted whenever an emplo.ee has leave with pa. to his credit except in the case of secondment (#mended b. $3$ 4$ No 1%2 s %""&+

#n official or emplo.ee who has been penali:ed with dismissal from the service is likewise not barred from entitlement for his terminal leave benefits (#mended b. $3$ 4$ Nos 1%2 s %""& and %12 s %"""+ Section ((! "ffect on e3oneration from criminal7administrative case In general2 officials and emplo.ees who have been dismissed from the service but who were later exonerated and thereafter reinstated2 are entitled to the leave credits during the period the. were out of service (#mended b. $3$ 4$ No 1%2 s %""&+ Section (+! Cause for disciplinary action #n. violation of the leave laws2 rules or regulations2 or an. misrepresentation or deception in connection with an application for leave2 shall be a ground for disciplinar. action (#mended b. $3$ 4$ No 1%2 s %""&+ Section (-!9 Study leave

Section '/! Seconded employee on leave .it)out pay from )is mot)er agency The seconded emplo.ee shall be on leave without pa. from his mother agenc. for the duration of his secondment2 and during such period2 he ma. earn leave credits which is commutable immediatel. thereafter at and pa.able b. the receiving agenc. (<rovided b. $3$ 4$ No 1%2 s %""&+ Section (0! "ffect of vacation leave .it)out pay on t)e grant of lengt) of service step increment 8or purposes of computing the length of service for the grant of step increment2 approved vacation leave without pa. for an aggregate of fifteen (%6+ da.s shall not interrupt the continuit. of the three .ear service re0uirement for the grant of step increment =owever If the total number of authori:ed vacation leave without pa. included within the three .ear period exceeds fifteen (%6+ da.s2 the grant of one>step increment will onl. be dela.ed for the same number of da.s that an official or emplo.ee was absent without pa. (<rovided b. $3$ 4$ No 1%2 s %""&+ Section ( ! "ffect if pending administrative case against an official or employee #n official or an emplo.ee with pending administrative case;s is not barred from en7o.ing leave privileges (#mended b. $3$ 4$ No 1%2 s %""&+ Section (#! "ffect of failure to report for duty after e3piration of one year leave

Official and emplo.ees2 excluding those on the teaching profession who are covered b. different provisions of law2 ma. appl. for stud. leave sub7ect to the following conditionsI The stud. is a time>off from work not exceeding six (5+ months with pa. for 0ualified officials and emplo.ees to help them prepare for their bar or board examination or complete their masters degree2 the stud. leave shall not exceed four (1+ months

The leave shall be covered b. a contract between the agenc. head or authori:ed representative and the emplo.ee concerned No extension shall be allowed if the officials or emplo.ees avail of the maximum period of leave allowed herein If the. need more time to complete their studies2 the. ma. file a leave of absence chargeable against their vacation leave credits

II

The beneficiar. of such leave shall be selected based on the following re0uirements-

% If an official or an emplo.ee who is on leave without pa. pursuant to 3ection 6' hereto2 fails to report for work at the expiration of one .ear from the date of such leave2 he shall considered automaticall. separated from the service (#mended b. $3$ 4$ No 1%2 s %""&+ Section (%! "ffect of absences .it)out approved leave #n official or an emplo.ee who is continuousl. absent without approved leave for at least thirt. (/9+ working da.s shall be considered on absence without official leave (#CO?+ and shall be separated from the service or dropped from the rolls without prior notice =e shall2 however2 be informed2 at his address appearing on his !9% files or at his last known written address2 of his separation from the service2 not later than five (6+ da.s from its effectivit. If the number of unauthori:ed absences incurred is less than thirt. (/9+ working da.s2 a written Return>to>Cork Orders shall be served to him at his last known address on record 8ailure 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 (#mended b. $3$ 4$ Nos 1%2 s %""&and %12 s %"""+ Section (&! Status of t)e position of an official or employee on vacation or sick leave Chile the incumbent is on vacation or sick leave with or without pa.2 his position is not vacant Buring the period of such leave therefore2 onl. substitute appointment can be made to such position (provided for under $3$ 4$ No 1%2 s %""&+ Section ('! "ffect of decision in administrative case

The official;emplo.ee must have a bachelorDs degree that re0uires the passing of the bar or a board licensure examination for the practice of profession The profession or field of stud. to be pursued must be relevant to the agenc.Ds mandate2 or to the duties and responsibilities of the concerned official or emplo.ee2 as determined b. the agenc. headG The emplo.ee must have rendered at least two (!+ .ears of service with at least ver. satisfactor. performance for the last two rating periods immediatel. preceding the applicationG The emplo.ee must have n pending administrative and;or criminal chargesG The emplo.ee must not have fulfilled the service obligation or local scholarship grantG The emplo.ee must have fulfilled the service obligation of an. previous training;scholarship;stud. leave grantG and The emplo.ee must have a permanent appointment =owever2 as the purpose of granting stud. leave is to develop a critical mass of competent and efficient emplo.ees which will redound to the improvement of the agenc.Ds deliver. of public serves2 emplo.ees with coterminous appointment ma. be allowed to avail of the stud. leave provided that the.a 4eet the re0uirements under items II % to II 5G

'

Could be able to fulfill the re0uired service obligationG and #re not related to the head of agenc. or to an. member of a collegial bod. or board2 in case of constitutional offices and similar agencies2 within the 1th degree of affinit. or consanguinit.

III

The service obligation to the agenc. shall be as follows-

<eriod of @rant One (%+ month Two (!+ to three (/+ months 4ore than three (/+ months to six (5+ months

3ervice Obligation 3ix (5+ months One (%+ .ear Two (!+ .ears

3hould the official or emplo.ee fail to render in full the service obligation referred to in the contract on account of voluntar. resignation2 optional retirement2 expiration of term of appointment for coterminous emplo.ees2 separation from the service through oneDs own fault2 or other causes within oneDs control2 the official or emplo.ee shall refund the gross amount of salar.2 allowances and other benefits received while on stud. leave proportionate to the balance of the service obligation re0uired based on the following formula-

(3OR>3O3+ 3OR

T$R

Chere-

Refund !ota$ "o%pensation &'ross sa$ary( a$$owances other benefits received whi$e on st)dy $eave* +ervice ,b$i'ation +erved +ervice ,b$i'ation

!"# = #eceived and +,+ = +,# = #e-)ired IV

The beneficiaries of the stud. leave shall inform their respective agencies in writing2 through the personnel office2 of their failure to take the bar;board examination or to complete their masterDs degree for which the. were granted the stud. leave The. shall also refund to the agenc. all the salaries and benefits received during the stud. leave 8urther2 for causes within their control2 the. shall be warned that a repeat of the same would bar them from future availment of the stud. leave and training;scholarship grant whether foreign or local

The agenc. shall formulate its own internal rules of procedure for an e0uitable and rational availment of the stud. leave for its own officials and emplo.ees2 sub7ect to the general guidelines stated herein