CSC Memorandum Circular No. 22-02 Amendment of Section 11, Rule XVI of the Omnibus Rules Implementing Book V of the Administrative Code of 1987

October 23, 2002

CSC MEMORANDUM CIRCULAR NO. 22-02

TO	:	All Heads of Departments, Bureaus and Agencies of the National and Local Governments, Including Government-Owned and Controlled Corporations, State Colleges and Universities

SUBJECT	:	Amendment of Section 11, Rule XVI of the Omnibus Rules Implementing Book V of the Administrative Code of 1987

Pursuant to CSC Resolution No. 021420 dated October 22, 2002, the Commission has amended the maternity leave rules under Rule XVI of the Omnibus Civil Service Rules Implementing Book V of the Administrative Code of 1987 (Executive Order No. 292), to read as follows:

"Section 11. Conditions for the grant of maternity leave. — Every woman in the government service who has rendered an aggregate of two (2) or more years of service, shall, in addition to the vacation and sick leave granted to her, be entitled to maternity leave of sixty (60) calendar days with full pay.

"Maternity leave of 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, provided, that those who have served for less than one (1) year shall be entitled to 60 days maternity leave with half pay.

"It is understood that enjoyment of maternity leave cannot be deferred but should be enjoyed within the actual period of delivery in a continuous and uninterrupted manner not exceeding 60 calendar days.

"Section 13. Every woman, married or unmarried, may be granted maternity leave more than once a year. — Maternity leave shall be granted to female employees in every instance of pregnancy irrespective of its frequency."

"Section 14. Every married or unmarried woman may go on maternity leave for less than sixty (60) days. — When a female employee wants to report back to duty before the expiration of her maternity leave, she may be allowed to do so provided she presents a medical certificate that she is physically fit to assume the duties of her position.

"The commuted money value of the unexpired portion of the leave need not be refunded and that when the employee returns to work before the expiration of her maternity leave, she may receive both the benefits granted under the maternity leave law and the salary for actual services rendered effective the day she reports for work.

"Section 17. Maternity leave of a female employee with pending administrative case. — Every woman employee in the government service is entitled to maternity leave of absence with pay even if she has a pending administrative case. CacEID

"Section 18. Maternity leave of contractual employees. — All contractual female employees whether or not receiving 20% premium on their salary shall be entitled to maternity leave benefits like regular employees in accordance with the provisions of Section 11 hereof."

Please be guided accordingly.

(SGD). KARINA CONSTANTINO-DAVIDChairmanCivil Service Commission