Clarification on the Delegation of Administrative Authority to Regional Directors under RMO No. 23-80 as Amended by RMO No. 30-81 Regarding Approval of Vacation, Sick and Maternity Leave of Absence With Pay or Without Pay for a Period Not Exceeding One (1) Year
Revenue Memorandum Circular No. 32-83 • Bureau of Internal Revenue (BIR) Issuances • Revenue Memorandum Circulars • Sep 13, 1983
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September 13, 1983 REVENUE MEMORANDUM CIRCULAR NO. 32-83 SUBJECT : Clarification on the Delegation of Administrative Authority to Regional Directors under RMO No. 23-80 as Amended by RMO No. 30-81 Regarding Approval of Vacation, Sick and Maternity Leave of Absence With Pay or Without Pay for a Period Not Exceeding One (1) Year TO : All Regional Directors and Other Revenue Officials Concerned It has been observed that actions properly within the context of delegated authority under RMO No. 23-80, as in matters concerning absences of employees, are sometimes passed on to the National Office. In these instances, the Personnel Division takes action in order to avoid further delay. However, in order to fully implement said memorandum order, all actions within the jurisdiction of the Regional Directors should be completed by these officials. aisa dc The following guidelines are hereby promulgated to clarify further the delegated authority of Regional Directors under RMO No. 23-80 as amended by RMO No. 30-81 with respect to the absences of employees under their jurisdiction. 1. Regional Directors can drop from the service those employees over whom they have the power to appoint. In the case of an employee whose latest appointment was issued by the Commissioner, the Director shall duly inform the Personnel Division of the employee's unauthorized leave so that appropriate action can be taken. 2. Dropping from the rolls may be initiated when: 2.1 An employee has been absent for an unreasonable period of time, or for at least 30 days without an approved leave of absence (AWOL). This 30-day period is inclusive of Saturdays, Sundays and Holidays. 2.2 An employee fails to return to duty without reasonable or valid cause after the expiration of his approved leave and he has been duly notified and warned to report to work. aisa dc 3. Actions corollary to the foregoing are: 3.1 Suspension of the payment of the employee's salary. 3.2 Referral, to the Chief, Legal Branch, for investigation and proper disciplinary action if the facts warrant. 3.3 Notify the employee by letter to report to duty immediately. 3.4 If the employee fails to report, warn him by letter to do so within one month otherwise he will be dropped from the rolls. 3.5 If the employee still fails to report, release dropping papers to the Civil Service Commission for confirmation, and to the employee for his information. 3.6 Notify the Personnel Division in all the foregoing actions, for administrative and records purposes. cdt 4. Dropping from the rolls is not disciplinary. However, should an employee seek reinstatement, the office may file administrative disciplinary action against him should the facts warrant: 5. Actions on leave applications should be made in accordance with Section 20 of Civil Service Rule XVI quoted as follows: "Sec. 20. Leave of absence for any reason other than serious illness of an officer or employee or of any member of his immediate family must be contingent upon the needs of the service." 6. Applications for leave without pay for more than one year should not be approved pursuant to Section 33 of the aforesaid Rule as follows: aisa dc "Sec. 33. Under no circumstances shall leave without pay be granted for more than one year. If an employee who is on leave without pay for any reason fails to return to duty at the expiration of one year from the effective date of such leave, he shall be considered automatically separated from the service: Provided , that he shall, within a reasonable time before the expiration of his one year leave of absence without pay, be notified in writing of the expiration thereof with a warning that if he fails to report for duty on said date he will be dropped from the service." Please be guided accordingly. (Sgd.) RUBEN B. ANCHETA Acting Commissioner
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