Internal Rules and Regulations in Application for Leave of Absence

April 10, 2006

DOF DEPARTMENT ORDER NO. 017-06

 

In line with the twenty-two (22) doable anti-corruption measures embodied in the Integrity Development Action Plan (IDAP) of the government and the provisions of Rule XVI (Leave of Absence) of the Civil Service Law (Book V of Executive Order No. 292 and Omnibus Rules) and other pertinent issuances of the Civil Service Commission, the following Rules and Regulations are hereby reiterated in order to eliminate such practice of late filing and non-filing of applications for leave which is inimical to the best interest of the service:

1. Application for Vacation Leave of Absence shall be filed with the immediate supervisor for approval at least six (6) working days before the intended leave. Approved application for such leave shall be submitted to the Personnel Services Division (PSD) before the actual leave. If the application for leave of absence is for thirty (30) calendar days or more, it shall be accompanied by an approved clearance from money and property accountabilities.

2. Approval of Vacation Leave — "Leave of absence for any reason other than illness of an official or employee or of any member of his immediate family must be contingent upon the needs of the service. Hence, the grant of vacation leave shall be at the discretion of the head of the office." (Sec. 52 CSC MC 41 s. 1998)

3. Application for Sick Leave of absence together with supporting documents (if any) shall be filed with the immediate supervisor for approval immediately upon employee's return from such leave and the duly approved leave shall be submitted to the PSD within five (5) working days thereafter. However, the immediate supervisor shall notify PSD in writing of the verbal notice of sickness of the employee concerned. Application for sick leave of more than five (5) days not accompanied by a medical certificate shall be disapproved. ASTcaE

4. Sick leave shall be granted only on account of sickness or disability on the part of the employee concerned or of any member of his immediate family. (Sec. 54 Rule XVI). Sick Leave may be applied in advance in cases where the official or employee will undergo medical examination or operation or advised to rest in view of ill health duly supported by a medical certificate (Sec. 53 CSC MC 41 s. 1998) and confirmed by the Chief, Medical and Dental Clinic.

5. If application for sick leave is not filed with PSD within a period of five (5) working days upon return to work, the employee shall still be considered AWOL (Absent without official leave) for that period. Leave application duly accomplished and signed by the immediate supervisor but not submitted to PSD within the prescribed period shall not be accepted. As such, concerned employee shall be considered AWOL unless the following conditions have been met.

    First & Second Offense — confirmed by Undersecretary concerned

    Third Offense — confirmed by the Department Secretary

6. Application for Special Privilege Leave shall be filed with the immediate supervisor for approval at least six (6) working days prior to its availment. Approved application for such leave shall be submitted to PSD before the actual leave, except in cases of emergency. An employee can avail of one (1) privilege leave for three (3) days or a combination of any of the leaves for maximum of three (3) days in a given year.

7. Application for Parental Leave to Solo Parents of seven (7) days, shall be filed with the immediate supervisor for approval at least six (6) working days prior to its availment. Approved application for such leave shall be submitted to PSD before the actual leave, except in cases of emergency. Parental Leave shall be availed of on a staggered or continuous basis in a given year. If not availed of within the calendar year, said leave shall be forfeited.

8. Application for Paternity Leave shall be filed with the immediate supervisor for approval at least six (6) working days prior to its availment. Approved application for such leave shall be submitted to PSD before the actual leave. Paternity leave of seven (7) working days is granted to every married male employee for the first four (4) deliveries of his legitimate spouse with whom he is cohabiting, and shall be reckoned from the effectivity of the Paternity Leave Act on July 15, 1996. The same may be enjoyed in a continuous or in an intermittent manner by the employee on the days immediately before, during and after childbirth or miscarriage of his legitimate spouse. (CSC MC No. 41 s. 1998 and amended by CSC MC No. 14, s. 1998) cDSAEI

9. Maternity Leave — Every married and unmarried woman may be granted maternity leave in every instance of pregnancy irrespective of its frequency. Enjoyment of maternity leave can not be deferred but it should be availed of either before or after the actual date of delivery in a continuous and uninterrupted manner, not exceeding sixty (60) calendar days.

10. Five Days Forced/Mandatory Leave — All officials and employees with ten (10) days or more vacation leave credits shall be required to go on vacation leave whether continuous or intermittent for a maximum of five (5) working days annually. Application for forced leave shall be filed with the immediate supervisor for approval at least six (6) working days prior to intended leave. Approved application for such leave shall be submitted to PSD before the actual leave. The mandatory annual five-day vacation leave shall be forfeited if not taken during the year. However, in cases where the scheduled leave has been cancelled in the exigency of the service by the head of the agency, the scheduled leave not enjoyed shall no longer be deducted from the total accumulated vacation leave.

11. Period within which to act on leave application — Whenever the application for leave of absence is not acted upon by the immediate supervisor or his duly authorized representative within five (5) working days after receipt thereof, prior to actual leave, the application for leave of absence shall be deemed approved. This provision does not apply to leave application submitted to the supervisor after the actual leave.

12. Leave of absence without pay not exceeding one (1) year may be granted in addition to the vacation and/or sick leave earned (Sec. 57 CSC MC 41 s. 1998). Application for such leave shall be filed with the immediate supervisor at least six (6) working days prior to intended leave. Approved application for such leave shall be submitted to PSD before the actual leave. If an official or an employee who is on leave without pay pursuant to Sec. 57 fails to report for work at the expiration of one (1) year from the date of such leave, he shall be considered automatically separated from the service. (Sec. 62 MC 41 s. 1998)

13. Effect of Absences without Approved Leave — An officer or an employee who is continuously absent without approved leave (AWOL) for at least thirty (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. He shall, however, be informed at his address appearing on his 201 files or at his last known written address, of his separation from the service, not later than five (5) days from its effectivity. EDCcaS

    If the number of unauthorized absences incurred is less than thirty (30) working days, a written Return-to-Work Order shall be served to him 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 (Amended by CSC MC #41 s. 1998 and 14 s. 1999). The immediate supervisor should inform the Personnel Services Division of the unauthorized absences incurred by employees under his jurisdiction.

14. Effect of Unauthorized Leave — An official/employee who is absent without approved leave shall not be entitled to receive his salary corresponding to the period of his unauthorized leave of absence. It is understood, however that his absence shall no longer be deducted from his accumulated leave credits, if there are any. (Sec. 50 CSC MC 41 s. 1998)

15. The immediate supervisor shall be responsible for instilling employee discipline in the availment of leave of absence and ensuring that the privilege is not abused.

16. An officer or employee shall be considered habitually absent if he incurs unauthorized absences exceeding the allowable 2.5 monthly leave credit under the leave law for at least three (3) months in a semester or at least three (3) consecutive months during the year. (CSC MC #4 s. 1991)

17. For habitual absenteeism, the concerned employee, after due proceedings shall be meted the penalty of six (6) months and one (1) day to one (1) year suspension for the first violation, and for the second violation, and after due proceedings, dismissal from the service. (CSC MC #4 s. 1991)

18. Tardiness and Undertimes are deducted against Vacation Leave credits — Tardiness and undertimes are deducted from vacation leave credits and shall not be charged against sick leave credits, unless the undertime is for health reasons supported by medical certificate and application for leave. (CSC MC #41, s. 1998 and 14, s. 1999)

19. Any violation of the leave laws, rules or regulations, or any misrepresentation or deception in connection with an application for leave shall be ground for disciplinary action. (Sec. 21 CS Rule XVI)

All orders, circulars or memoranda contrary or inconsistent thereto are hereby repealed/modified accordingly.

This Order takes effect immediately. ISHaCD

(SGD.) GABRIEL R. SINGSON JR.Undersecretary

(SGD.) ROBERTO B. TANUndersecretary

(SGD.) GAUDENCIO A. MENDOZA, JR.Undersecretary

(SGD.) GIL S. BELTRANUndersecretary