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Kinds of Other Types of Leave

circumstance
I

By circumstances
Maternity Leave

On account of
delivery or
expulsion of fetus
Nature
• Time off from work to assist mother on
occasion of delivery or miscarriage
Rationale:
* To extend to working mothers some measures of
financial help

* To provide her a period of rest and recuperation


during pregnancy
Entitlement:
Women in government service
regardless of
•employment status
•civil status
Qualifications:
1. Years of service rendered

• Aggregate service of two (2) or


more years entitles one to 60
calendar days with full pay
2. Proportionate service
rendered

• Aggregate service of one (1) year


or more but less than two (2) years
entitles one to Maternity Leave
proportionate to their length of
service
3. Monetary benefit adjusted
to service rendered

• Service of less than one (1) year


entitles one to 60-days maternity
leave with half-pay
Service as Qualifier

Period Served ML Benefit

Aggregate of 2 or 60 days with full pay


more years
More than one year Proportionate to
but less than 2 their length of
years service
Less than one year 60 days with half
pay
Formula for computation of Maternity Leave
(Proportionate Pay)

x = y/12
Where : x = no. of days to be paid
y = no. of days in service
12 = ratio of 60 to 2 yrs. or
60 days to 720 days
Formula for the Commuted Money Value of the
Unexpired Portion of ML

Salary =
Monthly Salary rate x Actual no. of days worked
22 days
4. Period Covered

Sixty (60) calendar days (including S, S &


Holidays).

Enjoyment cannot be deferred but it should be


AVAILED of EITHER BEFORE or AFTER the
actual period of delivery in a continuous and
uninterrupted manner, not exceeding 60
calendar days.
5. Frequency of Entitlement

•may be granted more than once a year.

•In every instance of pregnancy irrespective of its


frequency.

Sec.13 ORL as amended by CSC Res. No. 021420)


6. Manner of Enjoyment

• Enjoyment of maternity leave


cannot be deferred

• Availment has to be continuous


or in an uninterrupted manner not
exceeding 60 calendar days.
7. Requirements for Claim of ML

1. Approved application form (CSC Form 6);

2. Medical Certificate

3. Marriage Certificate or contract (if 1st pregnancy) if


any ; and

4. Clearance from money and property accountability.


8. Various Considerations

a. Every woman employee in the government


service is entitled to maternity leave of
absence with pay even if she has a pending
administrative case.

(Amended by CSC MC No. 22 s. 2002)


b. Maternity leave with pay maybe granted
even if the delivery occurs not more than 15
calendar days after the termination of
employee’s service as her right thereto has
already accrued.

(CSC MC No. 41, s. 1998)


c. A woman employee can avail of sixty (60
days) maternity leave with pay of absence
with pay even if she is on an extended leave
of absence without pay.
(CSC MC No. 41, s. 1998)

d. 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 Sec. 11, ORL.
(Amended by CSC MC No. 22, s. 2002)
e. Adoptive mother shall, with respect to the
adopted child, enjoy maternity benefits if the
adopted is below 7 yrs. of age as of the date the
child is place with the adopted parents thru the
Pre- Adoptive Placement Authority issued by
DSWD.

(Resolution No. 000765 Tan, Socorro G.


dated March 24, 2002
& Res.02-0194, Sanchez, Erlina C.
dated Feb.6, 2002)
Teachers on Long Vacation
• In case period of delivery occurs during
the long vacation, teacher shall received
both the maternity benefits and
proportional vacation pay.

CSC MC 13, s. 2004 dated July 9, 2004


9. Reporting Back to Duty

• An employee may be allowed to


report back to duty before the
expiration of her maternity
leave, subject to some
conditions.
Conditions:

1. Submission of medical certificate re:


physically fitness
2. Commuted money value of the
unexpired portion of her maternity
leave shall not be refunded; and
3. Entitlement to the salary for the
services rendered
Other Conditions for the Grant

e. Adopted parents shall, with respect to the adopted child,


enjoy all the benefits to which biological parents are
entitled. Maternity, paternity and other benefits given to
biological parents upon the birth of a child shall be
enjoyed if the adopted child is below 7 yrs. Of age as of the
date the child is placed with the adopted parents thru the
Pre- Adoptive Placement Authority issued by DSWD.

(Resolution No. 000765 Tan, Socorro G.


dated March 24, 2002 & Res.02-0194, Sanchez, Erlina C. dated Feb.6,
2002)

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