Guidelines for Availing of the Rehabilitation Privilege

July 18, 2006 BLGF MEMORANDUM CIRCULAR NO. 008-06 TO : All BLGF Officials and Employees; Regional Directors for Local Government Finance, District Treasurers of Metropolitan Manila; Provincial, City and Municipal Treasurers and Others Concerned SUBJECT : Guidelines for Availing of the Rehabilitation Privilege For the information and guidance of all concerned, attached is a copy of Joint Circular No. 01, s. 2006 of the Civil Service Commission (CSC) and the Department of Budget and Management (DBM) dated April 27, 2006 prescribing the guidelines for availing of the rehabilitation privilege by government personnel with permanent, temporary, casual or contractual appointments, including those with fixed terms of office, except consultants and those hired under contract of service or job order, in accordance with humane employee-friendly policies of government. The Joint Circular likewise seeks to clarify certain issues, ensure uniform policy interpretation and forestall/prevent the misuse of the privilege. Among others, the Joint Circular specifically provides that: "3.1 Officials and employees may be entitled to the Rehabilitation Privilege for a maximum period of six (6) months for wounds and/or injuries sustained while in the performance of official duties. The duration, frequency and terms of availing of the privilege shall be based on the recommendation of medical authority. Hence, availing of the privilege may be for less than six (6) months, or may be on a half-time basis or an intermittent schedule as determined by medical authorities provided that the cumulative total period of availing of the privilege will not exceed six (6) months. "Illness or sickness resulting from or aggravated by working conditions or the environment cannot be a basis for availing of the Rehabilitation Privilege even if the same may be compensable under the law and regulations of the Employees Compensation Commission (ECC). "3.2 For availing oneself of the Rehabilitation Privilege, performance of duty means situations wherein the official or employee was already at work. The same privilege may be extended to officials and employees in situations where the official or employee meets an accident while engaged in activities inherent to the performance of his/her duties, including being on Official Business outside of his/her work station, Official Travel, authorized Overtime, Detail Order, and Special Assignment Orders. "Injuries from accidents that occurred while the official or employee was going to work and going home from work are not considered sustained while in the performance of official duties. DTcHaA "3.3 Absence from work during the period of Rehabilitation Privilege shall not be deducted from the accumulated sick or vacation leave credits of the official or employee. "However, officials and employees while on Rehabilitation Privilege do not earn and accumulate vacation leave and sick leave credits. "3.4 Officials and employees availing of the Rehabilitation Privilege shall receive their salaries and regular benefits such as Personnel Economic Relief Allowance (PERA), Additional Compensation (AdCom), year-end bonus, and cash gift mandated by law. "They are not entitled however to benefits and privileges that are enjoined based on the actual performance of duties of positions entitled to these benefits such as Representation and Transportation Allowances. "3.5 Claimants of Rehabilitation Privilege benefits are entitled to reimbursement by their agency for first-aid expenses, preferably in government facilities. Reimbursement is subject to the availability of funds and shall not exceed P5,000 unless expenditures beyond said amount are necessary as certified by medical authorities and approved by head of agency. "For this purpose, first aid refers to the basic medical treatment immediately given to a person hurt in an accident." Strict observance and compliance to the provisions of the aforecited Joint Circular is hereby enjoined. The Regional Directors, the District Treasurers of Metropolitan Manila and all Provincial Treasurers are hereby instructed to disseminate the contents of this Circular, and its attachments to all City and Municipal Treasurers within their respective jurisdictions. ITaCEc (SGD.) MA. PRESENTACION R. MONTESA Executive Director ATTACHMENT April 27, 2006 CSC-DBM JOINT CIRCULAR NO. 01-06 TO : Heads of Constitutional Bodies; Departments, Bureaus, and Agencies of the National Government; State Universities and Colleges; Government-Owned or Controlled Corporations with Original Charters; and Local Government Units SUBJECT : Guidelines for Availing of the Rehabilitation Privilege 1.0 Purpose This Joint Circular provides the guidelines for availing of the Rehabilitation Privilege in accordance with humane, employee-friendly policies of government; clarifies certain issues; ensures uniform policy interpretation; and forestalls the misuse of the privilege. HEIcDT 2.0 Coverage All personnel with permanent, temporary, casual or contractual appointments, including those with fixed terms of office, may avail themselves of the Rehabilitation Privilege during their employment with their agency and in accordance with these guidelines. Consultants and those hired under contract of service or job order cannot avail themselves of the privilege because they are not government employees. 3.0 Guidelines 3.1 Officials and employees may be entitled to the Rehabilitation Privilege for a maximum period of six (6) months for wounds and/or injuries sustained while in the performance of official duties. The duration, frequency and terms of availing of the privilege shall be based on the recommendation of medical authority. Hence, availing of the privilege may be for less than six (6) months, or may be on a half-time basis or an intermittent schedule as determined by medical authorities provided that the cumulative total period of availing of the privilege will not exceed six (6) months. AEHTIC Illness or sickness resulting from or aggravated by working conditions or the environment cannot be a basis for availing of the Rehabilitation Privilege even if the same may be compensable under the law and regulations of the Employees Compensation Commission (ECC). 3.2 For availing oneself of the Rehabilitation Privilege, performance of duty means situations wherein the official or employee was already at work. The same privilege may be extended to officials and employees in situations where the official or employee meets an accident while engaged in activities inherent to the performance of his/her duties, including being on Official Business outside of his/her work station, Official Travel, authorized Overtime, Detail Order, and Special Assignment Orders. Injuries from accidents that occurred while the official or employee was going to work and going home from work are not considered sustained while in the performance of official duties. aECTcA 3.3 Absence from work during the period of Rehabilitation Privilege shall not be deducted from the accumulated sick or vacation leave credits of the official or employee. However, officials and employees while on Rehabilitation Privilege do not earn and accumulate vacation leave and sick leave credits. 3.4 Officials and employees availing of the Rehabilitation Privilege shall receive their salaries and regular benefits such as Personnel Economic Relief Allowance (PERA), Additional Compensation (AdCom), year-end bonus, and cash gift mandated by law. They are not entitled however to benefits and privileges that are enjoyed based on the actual performance of duties of positions entitled to these benefits such as Representation and Transportation Allowances. 3.5 Claimants of Rehabilitation Privilege benefits are entitled to reimbursement by their agency for first-aid expenses, preferably in government facilities. Reimbursement is subject to the availability of funds and shall not exceed P5,000.00 unless expenditures beyond said amount are necessary as certified by medical authorities and approved by head of agency. For this purpose, first aid refers to the basic medical treatment immediately given to a person hurt in an accident. 4.0 Procedure 4.1 Application for Rehabilitation Privilege shall be made through a letter, supported by relevant reports such as the police report, if any, and medical certificate on the nature of the injuries, the course of treatment involved, and the need to undergo rest, recuperation, and rehabilitation, as the case may be. Application should be made within one (1) week from the time of the accident except when a longer period is warranted. Applications may be made for the injured official or employee by a member of his/her immediate family. 4.2 Written concurrence of a government physician should be obtained relative to the recommendation for rehabilitation if the attending physician is a private practitioner, particularly on the duration of the period of rehabilitation. 5.0 Responsibilities of the Agency Head 5.1 The agency head shall determine whether the injuries were incurred while in the performance of duties. 5.2 The agency head shall be held responsible and personally liable for any false or fraudulent claims and irregular availing of the privilege. 5.3 The agency head, through the agency medical staff and/or the HRMO, should monitor monthly the medical status of the employee undergoing rehabilitation. 6.0 Repealing Clause 6.1 Section 55 of CSC MC No. 41, s. 1998 and other Civil Service Commission (CSC) issuances that are inconsistent herewith are hereby repealed or amended. 7.0 Effectivity This Circular shall take effect immediately. (SGD.) KARINA CONSTANTINO-DAVID Chairman Civil Service Commission (SGD.) ROLANDO G. ANDAYA, JR. Secretary Department of Budget and Management