OTHER LEAVE

PRIVILEGES UNDER
SPECIAL LAWS

Special Emergency Leave

for those Affected by Natural
Calamities/Disasters
- CSC MC 2 s. 2012

Solo Parents Welfare Act of 2000 (RA 8972)

- CSC MC 8, s. 2004

Domestic Adoption Act of 1998

(RA 8552)
- CSC Res. 020515 dated April 10, 2002

An Act providing for the Magna Carta of

Women (RA 9710)
- CSC MC 25, s. 2010

Anti-Violence Against Women and Their

Children Act of 2004 (RA 9262)
- CSC Resolution No. 051206

Special emergency leave

employees
affected
calamities/disasters

to government
by
natural

(MC No. 2 s. 2012)

Pursuant to CSC Resolution No. 1200289 dated
February 8, 2012, the Commission hereby adopts the
following guidelines in the grant of special emergency
leave to government employees affected by natural
calamities/disasters:
A Five day special emergency leave shall be
granted to government employees directly
affected by natural calamities/disasters;

The special emergency leave can be applied for five

straight working days or staggered basis and will not
be deducted from the employees leave credits;
The purpose of the leave may be any of the
following:
For urgent repair and clean up of damaged house;
Being stranded in affected areas;
Disease/illness of employees brought by
natural calamity/disaster;
Caring of immediate family members affected
by natural calamity/disaster.

The special emergency leave may be availed of by

the affected government employees within thirty days
from the first day of calamity declaration by proper
government agencies/authorities;
A commonly declared natural calamities/disaster may
include, but not limited to, earthquakes, flooding,
volcanic eruption and landslide that have profound
environmental effect and/or human loss and frequently
cause financial loss; and

The head of office shall take full responsibility for the

grant of special emergency leave and verification of
the employees eligibility to be granted thereof. Said
verification shall include:
Validation of place of residence based on latest
available records of the affected employee;
Verification that the place of residence is
covered in the declaration of calamity area by
the proper government agency; and
Such other proofs that may be necessary.

Affected employees whose leave credits were

previously deducted may request for restoration
thereof, subject to the approval of the head of office.

SOLO PARENT LEAVE (MC 8, s.

2004)
- Parental Leave of Seven (7) days in addition to existing leave privileges (Solo Parents Welfare Act of 2000-RA 8972)
- The term children refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and
below eighteen (18) years of age, or eighteen (18) years and above but are incapable of self-support and/or mentally and/or
physically challenged.

-- Family shall refer to the Solo Parent and his/her child/children; Provided, however, that the family member referred to in
Section 3, Paragraph (a) (10) of RA 8972 and Article III, Sec. 6 paragraph (b) (10) of the IRR shall include any relative by
consanguinity up to the fourth civil degree. These persons shall include, but are not limited to, any uncle, aunt,
grandfather, niece, nephew, or cousins.

- Parental Leave shall refer to leave benefits granted to solo parent to enable said parent to perform parental duties and
responsibilities where physical presence is required
- Parental Responsibility with respect to minor children shall refer to the rights and duties of the parents as defined in Article 220
of Executive Order No. 209, as amended, otherwise known as the Family Code of the Philippines

Guidelines on the Grant of Parental

Leave to Solo Parents
Coverage:
A woman who gives birth as a result of rape and other
crimes against chastity.
Parent left solo or alone with the responsibility of
parenthood due to the following circumstances:
- death of spouse;
- detention of the spouse for a criminal conviction
- physical/mental incapacity of spouse
- legal separation or de facto separation
- declaration of nullity or annulment of marriage
- abandonment of spouse for at least one year

 Unmarried person who has preferred to keep and

rear the children.
Any other person who solely provides parental care
and support to a child provided said person is duly
licensed as a foster parent.
Any family member who assumes the responsibility
of head of family as a result of death, abandonment,
disappearance or prolonged absence of the parents.

Conditions for availing Parental

Leave

1.
2.

3.
4.

The Solo parent must have rendered government

service for at least one (1) year.
The parental leave shall be availed of every year
and shall not be convertible to cash unless
specifically agreed upon previously.
The parental leave shall be availed of on a
staggered or continuous basis.
The solo parent employee may avail of parental
leave to attend to personal milestone of a child
such as birthdays, first communion and other
similar circumstances.

Crediting Existing Leave

Benefits

If there is an existing or similar benefit under an

agency/office policy or Collective Negotiation
Agreement (CNA), the same shall be credited as
such. If the same is greater than the seven (7)
days provided for in these guidelines, the
parental leave law of seven (7) days shall
prevail.

Contingency or emergency leave provided

under an agency/office policy or CNA, as well as
the three (3) days Special leave privileges
provided for under section 21, Rule XVI of CSC
Memorandum Circular No. 41, s. 1998, shall not
be credited as compliance with the parental
leave provided for under these guidelines.

Condition for Termination of Parental

Leave Privileges
1. Changes in the status and family situation of a
solo parent.
2.The head of agency/office concerned may
determine whether granting of parental leave
is proper.

Procedure in Availing of Parental

Leave
1. Secure a Solo Parent Identification
Card from the City/Municipal Social
Welfare and Development Office. The
Identification Card is Valid for one
year from issuance but renewable
yearly.
Failure to renew the card
means that his/her status as a solo
parent has ceased or has changed.

2. Submit the accomplished application

for CS Form No. 6) duly supported
with certified true copies of the Solo
Parent ID and birth certificate of the
child/children or other requirements
such as medical certificate, if
necessary.

Responsibility/Obligati
on
1. Solo Parent Employee submits the application
for parental leave duly supported with the
necessary requirements.
Falsification of supporting documents or any
misrepresentation in the application of parental
leave will render the solo parent employee
administratively liable without prejudice to
criminal liability.

2. Immediate Supervisor / Division Chief recommends

approval/disapproval of the application.
3. Head of Agency/Office approves/ disapproves the
application.
Approval of parental leave application is mandatory
provided it is in order.
Non-approval without
justifiable reason shall be ground for appropriate
sanction against the official concerned.

4. Human Resource Management

Officer/Personnel Officer shall:
- evaluate the application for parental leave
- verify the authenticity of the documents
submitted
- monitor the status of the solo parent
- ensure the proper implementation of the
guidelines
- record availment of parental leave

Domestic Adoption Act of 1998

(RA 8552)

CSC Res. No. 020515 dated April 10, 2002

Article VI, Section 34. Benefits

The adoptive parents, shall, with respect to the
adopted child, enjoy all the benefits to which
biological parents are entitled.
Maternity and
paternity and other benefits given to the biological
parents upon the birth of a child shall be enjoyed if
the adoptee is below seven (7) years of age as of
the date the child is placed with adopted parents
through the Pre-Adoptive Placement Authority
issued by the Department.

Maternity Leave for ADOPTIVE parent is availed of

ONCE during the whole adoption process provided the
child is below 7 years old.
Requirements
1. Form 6 (Leave Application)
2. Authenticated copy of PAPA (Pre-Adoptive Placement
Authority) issued by the DSWD or copy of Decree of
Adoption.

Special Leave Benefits for Women under

RA 9710
(An Act Providing for the Magna Carta of Women) (MC 25, s.
2010)

Any female public sector employee regardless

of age and civil status shall be entitled to a
special leave of a maximum of 2 months with
full pay
The following terms and conditions
shall apply:
She has rendered at least six (6)
months aggregate service in any or
various government agencies for the
last twelve (12) months prior to
undergoing surgery for gynecological

May be availed for every instance of

gynecological disorder requiring surgery for a
maximum period of 2 months per year;
Availment shall be in accordance with the List
of Surgical Operations for Gynecological
Disorders;
In the event that an extended leave is necessary, the
female employee may use her earned leave credits;
This special leave shall be non-cumulative and nonconvertible to cash.

GYNECOLOGICAL DISORDERS refer to disorders that

would require surgical procedures such as, but not
limited to dilatation and curretage and those involving
female reproduction organs such as the vagina, cervix,
uterus, fallopian tubes, ovaries, breast, adnexa and
pelvic floor, as certified by a competent physician. For
the purpose of the Act and these Rules and
Regulations, gynecological surgeries shall also include
hysterectomy, ovariectomy and mastectomy.

Generally, availment of said special leave

benefits shall be in accordance with the List of
Surgical Operations for Gynecological Disorders
which reflects, among others, the estimated
periods of recuperation form surgery due to the
specific gynecological disorder.
The said List of Surgical Operations for
Gynecological Disorders reflects, among others the
classification of the Procedure based on the
patients estimated period of recuperation, defined
as follows:

Classification of the procedures based on

the patients estimated period of
recuperation if without concomitant
medical problems

Description

Minor

Surgical Procedures requiring a

maximum of recuperation of
two (2) weeks

Major

Surgical Procedures requiring a

minimum
period
of
recuperation of three (3)
weeks to a maximum period of
two (2) months

The earned leave credits may be used for

preparatory procedures and/or confinement prior to the
surgery. Moreover, should the period of recuperation
after the surgery exceed two (2) months, the female
official/ employee may use her earned sick leave
credits for the same. If the sick leave credits have been
exhausted, the vacation leave credits may be used
pursuant to Section 56 of the Omnibus Rules on Leave.
This special leave benefit is non-cumulative and not
convertible to cash.

The application for the special leave benefits shall be

made through the Civil Service Form No. 6 (CS Form 6)
signed by the employee and approved by the proper
signing authorities.
The CS Form 6 shall be accompanied by a medical
certificate filled out by the proper medical authorities,
e.g the attending surgeon accompanied by a clinical
summary reflecting the gynecological disorder which
shall be addressed or was addressed by the said
surgery; the histopathological report; the operative
technique used for the surgery; the duration of the
surgery including the prr-operative period (period of

The application for the special leave benefits may be

applied in advance, that is, at least five (5) days prior
to the scheduled date of the gynecological surgery that
will be undergone by the employee. The rest of the
requirements specified shall be attached to the
medical certificate upon the employees return to work.
The advanced notice for taking such leave would give
the proper authorities ample time and means to
prevent the disruption of the operations of the work
unit during the absence of the employee and to
address the exigency of services of the office.

In instances when a qualified female employee

undergoes an emergency surgical procedure, the said
leave application shall be filed immediately upon the
employees return from such leave.
Upon the employees return to work, she shall also
present a medical certificate signed by her attending
surgeon that she is physically fit to assume the duties
of her position.

The agency head shall ensure that the afforested

guidelines are enforced in ones agency as a
mechanism in order that female employees right to
proper reproductive health care is ensured.
The agency head shall promote reproductive health
care awareness and wellness program for its employee
through proactive measure/s such as conduct of annual
physical/medical check up, information campaign on
maintaining proper reproductive health care; issuance
of health advisories; distribution of educational reading
materials and conduct of fora relative to the same.

Effectivity
It shall take effect retroactively starting
September 15, 2009 or fifteen (15) days after the
publication of the Magna Carta of Women.
Government officials and employees covered in
these Guidelines whose periods of surgery and
recuperation due to gynecological disorders after the
effectivity of the Magna Carta of Women and before
the promulgation of these Guidelines were deducted
against their sick or vacation leave credits can have
the said leave credits restored and/or appropriate
gross compensation paid, as the case may be.

Anti-Violence Against Women And

Their Children Act of 2004 (RA
9262)
CSC Res. No. 051206 dated Aug. 26, 2005

Who may avail of the 10-day leave under

RA 9262?
- Any woman employee in the government service
regardless of employment status, who is a victim
of violence.
- Any woman employee whose child is a victim of
violence and whose age is below 18 or above 18
but unable to take care of himself/herself.

Required Documents to
support application for the
10-day leave
1. Barangay Protection Order (BPO)
2. Temporary/Permanent Protection Order
(TPO/PPO) obtained from the court
3. Certification from the Punong Barangay/
Kagawad or Prosecutor of the Clerk of Court if
protection order has not yet been issued.
4. Police report in the absence of BPO/TPO/ PPO
or the certification.

Manner of Availment
- continuous or intermittent
Nature of Ten-Day Leave
- Non-cumulative
- Not convertible to cash
When Leave May Be Extended
- when necessity arises as
specified in the Protection Order

Administrative Liability
- the official who denies the application for
leave of a woman employee-victim of VAW,
shall be held liable for conduct prejudicial
to the best interest of the service.

Male Female
Leave Benefits
Maternity leave
0 60
Paternity leave
7
0
Special leave
3
3
180
Rehabilitation leave
180
Study leave
5
5
Calamity leave
7
7
Solo Parent leave
7 60
Domestic Adoption
leave
0 60
Magna Carta of Women
0 10
AVAW
389
TOTAL

180
180

565