Professional Documents
Culture Documents
SUBJECT:
1.0 Purpose
This Joint Circular provides the
guidelines for availing of the
Rehabilitation
Privilege
in
accordance
with
humane,
employee-friendly
policies
of
government;
clarifies
certain
issues ensures uniform policy
interpretation; and forestalls the
misuse of the privilege.
2.0 Coverage
All
personnel
with
permanent,
temporary, casual or contractual
appointments including those with
fixed terms of office, may avail
themselves of the Rehabilitation
Privilege during their employment with
their agency and in accordance with
these guidelines. Consultants and
those hired under contract of service
or job order cannot avail themselves
of the privilege because they are not
government employees.
3.0 Guidelines
3.1
Officials and employees may be
entitled to the Rehabilitation Privilege for a
maximum period of six (6) months for
wounds and/or injuries sustained while in the
performance of official duties. The duration,
frequency and terms of availing of the
privilege
shall
be
based
on
the
recommendation of medical authority. Hence,
availability of the privilege may be for less
than six (6) months, or may be on a half-time
basis or an intermittent schedule as
determined by medical authorities provided
that the cumulative total period of availing of
the privilege will not exceed six (6) months.
3.2
For
availing
oneself
of
the
Rehabilitation Privilege, performance of duty
means situations wherein the official or
employee was already at work. The same
privilege may be extended to officials and
employees in situations where the official or
employee meets an accident while engaged in
activities inherent to the performance of his/her
duties, including being on Official Business
outside of his/her work station, official Travel,
authorized Overtime, Detail Order and Special
Assignment Orders.
3.3
Absence
from
work
during
the
period
of
Rehabilitation Privilege shall
not be deducted from the
accumulated sick or vacation
leave credits of the official or
employee.
However,
officials
and
employees
while
on
Rehabilitation Privilege do not
earn and accumulate vacation
leave and sick leave credits.
3.5 Claimants
of
Rehabilitation
Privilege
benefits
are
entitled
to
reimbursement by their agency for firstaid expenses, preferably in government
facilities. Reimbursement is subject to
availability of funds and shall not exceed
P5,000.00 unless expenditures beyond
said amount are necessary as certified by
medical authorities and approved by head
of agency.
For this purpose, first aid refers to the
basic medical treatment immediately
given to a person hurt in an accident.
4.0 Procedure
4.1 Application for Rehabilitation
Privilege shall be made through
a letter, supported by relevant
reports such as the police
report, if any, and medical
certificate on the nature of the
injuries, the course of treatment
involved, and the need to
undergo rest, recuperation, and
rehabilitation, as the case may
be.
Application
should
be
made within one (1) week
from the time of the
accident except when a
longer
period
is
warranted.
Applications
may be made for the
injured
official
or
employee by a member of
his/her immediate family.
4.2
Written concurrence of a
government physician should
be obtained relative to the
recommendation
for
rehabilitation if the attending
physician
is
a
private
practitioner, particularly on the
duration of the period of
rehabilitation.
MC No.15, s. 2006
Subject:
Guidelines on the Availment of the Ten-Day
Leave Under R.A. 9262 (Anti-Violence Against
Women and Their Children Act of 2004)
1.
As used in the Act, the phrase violence against women and their
children shall refer to any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or dating relationship, or with
whom he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely
to result in physical, sexual, psychological harm or suffering, or
economic abuse including threats or such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It includes, but is not
limited to, the acts enumerated in Section 3 of the Act.
3.
2.
4.
5.
6.
When Leave May be Extended. When necessity arises
as specified in the Protection Order, the woman employee
may apply for extension and, for this purpose, use the other
leave benefits provided under civil service rules and
regulations.
7.
Administrative Liability. The official who denies the
application for leave of a woman employee-victim of VAW,
despite submission of the BPO/TPO/PPO, shall be held liable
for conduct prejudicial to the best interest of the service.
OBJECTIVES
To identify employees considered solo
parents;
To clarify the scope and conditions on
the grant of parental leave; and
To provide uniform interpretation and
implementation of the Rules on the
grant of parental leave.
Definition of Terms
Children shall refer to those living
COVERAGE
Any individual in the government who
b.
c.
d.
CREDITING OF EXISTING
LEAVE BENEFIT
1.
PROCEDURES IN AVAILING OF
PARENTAL LEAVE
A solo parent employee who applies
2.
9416]
(1) Impersonation;
(2) Use of codigo or crib sheets;
(3) Employing a poste or a person inside or outside of the
examination room who may or may not be a registered examinee but
who provides examinees with answer or codigo or crib sheets or
such other assistance purportedly to enhance examinees better
chances of passing;
(4) Tampering with the examination records such as the answer
Data Files, the Application Forms or the Picture Seat Plan to facilitate
the passing of an examinee who have failed;
(5) Collusion of whatever nature between examinees and
examination personnel;
(6)Examinee number switching;
(7)Possession and or use of fake certificate of eligibility; and
(8)Such other acts of similar nature which facilitate the passing of
an examination including those committed by review centers or
entities offering refresher courses or tutorials.
(4) Issue subpoena and subpoena duces tecum for the production of
documents and records pertinent to its investigation and inquiries.
(5) Punish for contempt any official, employee, or private individual
who refuse without any valid cause to extend assistance and
information necessary in the discharge of its responsibilities under this
Act.
(6) Take the primary role in continuously reviewing examinations
system and producers to ensure that the integrity of such
examinations is not compromised.
Sec. 7. Immunity- Immunity from prosecution may be granted
by the CSC to any person upon whose testimony rests the prosecution
and/or conviction of other individuals or groups perpetrating
examination irregularities.
Those granted immunity shall
administrative and criminal prosecution.
be
exempted
from
Approved,
(Sgd.) JOSE DE VENECIA
Speaker of the House
of Representative
GOVERNMENT OFFICE
HOURS
refers to the minimum
Working Day
Monday to Friday except Sat. Sun
and Holidays
Flexible Working Hours
7:00 am to 7:00 pm
of
department/agencies/ offices to
promulgate its own internal rules and
regulations on attendance
and
punctuality which will require
their employee to incur less
absences and tardiness
government.
EXCEPT:
Elective Officials
( Attendance in session only)
Presidential appointees
Officers who rank higher than
Chiefs & Asst. Chiefs in the 3
branches of the government
Exemption from
Registering in the Bundy
Chiefs and assistant chiefs of agencies who
Clock
are appointed by the President, officers
who rank higher than chiefs and assistant
chiefs in the three branches of the
government and other presidential
appointees need not punch in the bundy
clock. However, their attendance and
absences must be duly recorded and
covered by the required leave of absence
FORMS USED
CS FORM 48 or DTR
Attendance Logbook
Bundy Clock
Falsification or irregularities
Undertime
is an act of leaving the office work
before the time usually allowed by law
or that specified by the office
concerned
or rendering less than the
required eight hours of work.
Tardiness
refers to the failure of an employee
to report for work or resume for work on
time
Habitual tardiness
Pursuant to CSC Res. No. 001640
When an official or employee has
HABITUAL ABSENTEEISM
When
an employee has
incurred
unauthorized absences, exceeding the
allowable 2.5 days 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
shall be considered habitually absent.
1st offense - suspension for six (6) months and
No offsetting of
tardiness or absences
by working for an
equivalent minutes or
hours or absent.
OVERTIME
AUTHORIZED OVERTIME
WITH OR WITHOUT PAY
Compensatory Day-Off
VOLUNTARY OVERTIME
ATTENDANCE IN HEARING
As a witness in criminal or administrative
case;
official duties
ex. Police Officer, Doctor,
Auditors )
Attendance is on official business
and is entitled to traveling
expenses
(
and responsibilities
Attendance is
on Official Time
As respondent /defendant
Attendance is on his own
behalf
Employee should file a
vacation leave of absence if he
is not under SUSPENSION
If he is EXONERATED, leave
credits used during attendance
in hearing shall be restored
LEAVE LAWS
intended to promote
general efficiency
general welfare
morale with in the ranks of government
employees
in the nature of social legislations
where every means should be exerted
to achieve their beneficial purpose.
It should be construed reasonably in
favor of the employees
LEAVE BENEFITS
are granted to reward employees for
LEAVE OF ABSENCE
is
a privilege to be absent
from your duty of work for
one or more day with or with
out pay with your position
held until you return
KINDS OF LEAVE OF
ABSENCE
o VACATION LEAVE
o SICK LEAVE
o MATERNITY LEAVE
o PATERNITY LEAVE
o SPECIAL LEAVE PRIVILEGES
o REHABILITATION LEAVE
o STUDY LEAVE
o PARENTAL LEAVE
SICK LEAVE
o Spouse
o children
o unmarried brothers and sisters
o any relative living under the same
roof or dependent upon the
employee for support
VACATION LEAVE
refers to leave of
absence granted to
officials and employees
for personal reasons
MATERNITY LEAVE
leave
of absence
granted to
female government
employees
legally
entitled thereto in addition
to vacation and sick leave
Purpose
MATERNITY LEAVE
Married
or
unmarried
female
employee
can avail of maternity
leave in case of pregnancy or in any
case there is a delivery or expulsion
of the fetus (in case of abortion or
miscarriage)
every
instance
of
pregnancy
irrespective of its frequency.
Maternity
oA
In
case
a
female
employee
returns to work before expiration of
her maternity leave she need not
refund the unexpired portion of the
leave, but should be paid the actual
number of days work.
Monthly salary rate
Salary = -------------------- x actual no. of
days work
22 days
Requirements:
1. Medical Certificate that she is physically fit
for work
PATERNITY
LEAVE
refers to the privilege
granted
to a married
male employee allowing him not to report for
work
for seven (7) working days while
continuing to earn the compensation thereof,
on the condition that his legitimate spouse
has delivered a child or suffered a
miscarriage.
may
Conditions of Paternity
Every
married male employee is
Leave
entitled to paternity leave of seven (7)
Non-cumulative and
Non-Commutative
REHABILITATION LEAVE
refers
STUDY LEAVE
( As Amended by MC No. 21, s
2004)
Is a time off from work not exceeding six
Requirements:
Bachelors Degree which requires
SERVICE OBLIGATION
PERIOD
OBLIGATION
1 month
months
One (1)
year
years
Two (2)
If
voluntary resignation
optional retirement
He
shall refund
amount of
the
gross
salary
allowances
and
Employees
under
probation
may
already avail of whatever leave credits
he has earned during said period.
Any
CSC
on
extended
service
are
entitled to fifteen (15) days
vacation and fifteen (15) days
sick leave annually subject to
the following conditions:
Sick
Leave
immediately
after
employees return from such leave
(with medical certificate if more than 5
days
Filed in advance (with medical
certificate)
Maternity Leave
General Rule - Filed Before the scheduled
delivery
Exceptions - Immediately after delivery
Paternity Leave - same as maternity leave
Special Leave Privileges - at least one week
prior to availment except on emergency cases
Rehabilitation Leave - immediately after jobrelated injury was incurred
Study Leave - prior to availment of study leave
APPROVAL OF LEAVE
APPLICATION
vacation of leave - discretionary on the
agency head
sick leave - ministerial duty of the agency
head
maternity leave
-doPaternity leave
-doSpecial Leave Prev. - Discretionary
Rehabilitation Leave - Mandatory
Study Leave
- Discretionary
of Agency
or
his
duly
authorized representative shall act on leave
application within
five (5)
working
days
after
receipt,
otherwise
the
leave
application
shall
be deemed
approved
( Sec. 49, Rule XVI, O.R.)
EFFECTS OF UNAUTHORIZED
LEAVE
Not entitled to salary corresponding to the
Computation of Leave
Sec. 1. Entitlement to leave privileges
Employees
rendering on a part-time
basis are entitled to vacation and sick
leave
benefits proportionate to the
number of works rendered.
Employees on a rotation basis shall be
entitled to vacation and sick leave
corresponding to the periods of service
rendered by them.
Employees on extended service after 65
years earn leave credits but shall be noncumulative and non-commutative.
Contractual
employees
are
likewise
entitled to vacation and sick leave credits
as well as special leave privileges provided
in Sec. 21
Local elective officials are entitled to
leave privileges effective May 12, 1983
pursuant to BBP 337 and Local Government
Code of 1991 (RA7160)
VL
/
SL w/ pay
SL
/
/
SL w/out pay
VL w/out pay
/
/
x
Accumulation of Vacation
and Sick Leave Credits
No limit
COMMUTATION OF LEAVE
In the service
q Monetization ( Sec. 22 to Sec. 24)
q Commutation prior to leave ( Sec.31
Monetization of Leave
Credits
Monetization
refers to payment in
advance under prescribed limits and
subject
to specified terms and
conditions of the money value of leave
credits of
an employee upon his
request without actually going on
leave
1. There
shall remain five (5) days
vacation
leave/service credits
after monetization
2. Said official or employee has accumulated
no
less than fifteen (15) days vacation
leave/service
credits in which case he
can monetize no more
than ten (10)
days
TERMINAL LEAVE
Is applied for by any official or employee
APPROVAL OF TERMINAL
LEAVE
Application
for
commutation
of
vacation and sick leave in connection with
separation through no fault of an official
or employee shall be sent to the head
of department concerned for approval.
Clearance from the Ombudsman is
no longer required for processing
and payment of terminal leave as
such clearance is needed only for
payment of retirement benefits.
for payment of
terminal
leave benefits must be brought
within ten(10) years from the time
the right of action accrues upon an
obligation.
Basis of Computation of
Terminal Leave
The
option
to
transfer
accumulated leave credits can
be exercised within one (1)
year only from the employee
transfer to the new agency.
is denied, an
official
or
employee
may
claim the
money value of such leave
credits from the office where
earned.
Effects of Pending
Administrative Case
the
employee
be
on
maternity/paternity leave, preventive
suspension
shall
be
deferred
or
interrupted ( MC No. 14 s. 1999)