ACT NCR & DEPED NCR C.N.A DOCUMENT SUMMARY OF LEAVE PRIVILEGES THAT A TEACHER MAY AVAIL Type of Leave Study Leave
When can be availed? As need arises
Conditions Teachers shall be entitled to sudy leave not exceeding one (1) school year after seven (7) years of service. During such leave the teachers shall be entitled to at least 60% of their monthly salary. Provided, however, that no teacher shall be allowed to accumulate more than 1 year study leave, unless he needs an additional semester to finish his thesis for a graduate study in education or allied courses.
Legal Basis Implementing Rules and Regulation of R.A. 4670 (The Magna Carta for Public School Teachers)
Provided, further, that no compensation shall be due the teacher after the first year of such leave. The compensation allowed for 1 year study leave as herein provided shall be subject to the condition that the teacher takes the regular study load and passes at least 70% of his courses. Study leave of more than 1 year may be permitted by the Head of Agency but without compensation. Indefinite Leave
As need arises
Indefinite sick leave of absence shall be granted to teachers when the nature of illness demands a long treatment that will exceed 1 year at the least.
Implementing Rules and Regulation of R.A. 4670 (The Magna Carta for Public School Teachers)
Maternity Leave
As need arises
Married women in the government service who have rendered an aggregate of 2 or more years of service, shall, in addition to the vacation and sick leave granted to them, be entitled to maternity leave of sixty (60) calendar days with full pay.
Civil Service Memorandum (CSC) Memorandum Circular No. 41, s. 1998
ACT NCR & DEPED NCR C.N.A DOCUMENT
Paternity Leave
As need arises
Maternity leave of those who have rendered 1 year or more but less than 2 years of service shall be computed in proportion to their length of service, provided, that those who have served for less than 1 year shall be entitled to 60 day maternity leave with half pay. Every married male employee is entitled to paternity leave of seven (7) working days for the first four (4) deliveries of his legitimate spouse with whom whom he is cohabiting.
Civil Service Memorandum (CSC) Memorandum Circular No. 41, s. 1998
The first of the 4 deliveries shall be reckoned from the effectivity of the Paternity Leave Act on 15 July 1996 Married male employee with more than 1 legal spouse shall be entitled to avail of paternity leave for an absolute maximum of 4 delivieries regardless of whichever spouse gives birth. Parental Leave (Solo Parent)
As need arises
Any individual in the government service who falls under any of the following categories shall be considered a Solo Parent for the availment of Parental Leave -a woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender provided. -That the mother keeps and raises the ; Parent left solo or alone with the responsibility of parenthood due to any of the following circumstances: -Death of Spouse -Detention of the spouse or serving sentence for a criminal conviction for at least one (1) year, -Physical/mental incapacity of spouse as certified by a public medical practitioner. -Legal separation or de facto separation from spouse for at least one year provided he/she has custody of the children - Declaration of nullity or annulment of marriage as decreed by a court or by a church, provided, he/she has custody of the children; - Abandonment of spouse for at least one year,
Civil Service Memorandum (CSC) Memorandum Circular No. 8, s. 2004
ACT NCR & DEPED NCR C.N.A DOCUMENT -Unmarried person who prefers to keep and rear the children instead of other caring for them or give them up to a welfare institution -Any other person solely providing parental care and support to a child or children duly licensed as a foster parent by the DSWD or duly appointed legal guardian by the court -Any family member assuming the responsibility of head of family due to death, abandonment, disappearance or prolonged absence of the parent; Provided, that such abandonment, disappearance, or absence lasts for at least one (1) year -The parental leave of seven (7) days addition to existing leave privileges shall be granted to any solo parent employee subject to the following conditions Must have rendered at least one (1) year government service whether continuous or broken, reckoned at the time of the effectively of R.A. 8972 on September 22,2002 and regardless of employment status. Shall be availed of every year but not convertible to cash and noncommutative. Shall be availed of on staggered or continuous basis, subject to approval of the head of agency/office. Application form shall be submitted at least one (1) week prior to availment, except on emergency cases. Parental leave may be availed of under the following circumstances: -Attend to personal milestones of a child such as birthdays, first communion, graduations and other similar events -Perform parental obligations like enrollment, attendance in school programs, PTA meetings and the like -Attend to medical, social, spiritual, and recreational needs of the child; and -Other similar circumstances, where physical presence of a parent is required Changes in the status and family situation such as marriage no longer left alone with the responsibility of parenthood shall lead to termination of parental leave privileges. However , the termination shall be without prejudice to reapplication should circumstances warrant.
ACT NCR & DEPED NCR C.N.A DOCUMENT Head of agency/office may determine whether granting is proper or may conduct investigation to ascertain if grounds for termination and withdrawal of the privilege exist. Ten-Day Leave (R.A. 9262)
As need arises
Who are Entitled to a Ten - Day Leave: - The following shall be entitled to paid leave of absence not exceeding ten (10) days except as provided under Section 13 of RA 9262 a. Any woman employee in the government service regardless of employment status, who is a victim of violence as defined under Section 3 of the Act.
Rehabilitation Leave
As need arises
b. Any woman employee whose child is a victim of violence as defined herein and whose age is below eighteen (18) or above eighteen (18) but unable to take care of himself/herself All personnel with permanent, temporary, casual or contractual appointments, including those with fixed terms of office may avail themselves of 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. Officials and employees may be entitled to Rehabilitation Privilege for a maximum period of six (6) months for wounds and/or injuries sustained while in the performance of duties. The duration, frequency, and terms of availing of the privilege shall be based on the recommendation of medical authority. Hence, availing of the * Illness or sickness resulting from or aggravated by working conditions or the environment cannot be a basis for availing of the Rehabilitation Privilege even if the same may be compensable under the law and regulations of the Employees Compensation Commission (ECC).
Ten-Day Leave Under R.A. 9262 (AntiViolence Against Women and Their Children Act of 2004)
Civil Service Commission (CSC) Resolution No. 060621
ACT NCR & DEPED NCR C.N.A DOCUMENT For availing oneself of 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. * Injuries from accidents that occurred while the official or employee was going to work and going home from work are not considered sustained while in the performance of official duties 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. Officials and employees availing of the Rehabilitation Privilege shall receive their salaries and regular benefits such as Personnel Economic Relief Assistance (PERA), Additional Compensation (AdCom), year-end bonus, and cash gift mandated by law. Claimants of Rehabilitation Privilege benefits are entitled to reimbursement by their agency for first - aid expenses, preferably in government facilities.Reimbursement is subject to and shall not exceed P5,000.00 unless the availability of funds expenditures beyond said amount are necessary as certified by medical authorities. Application for Rehabilitation Privilege shall be made Through a letter, supported by relevant reports such as 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 Maybe
ACT NCR & DEPED NCR C.N.A DOCUMENT 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. 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. The agency head shall determine whether the injuries were incurred while in the performance of duties. The agency head shall be held liable and personally liable for any false or fraudulent claims and irregular availing of the privilege
Relocation Leave
As need arises
Calamity Leave
As need arises
The agency head, through the agency medical staff and/or the HRMO, should monitor monthly the medical status of the employee undergoing rehabilitation Relocation leave refers to a special leave privilege granted official/employee whenever he/she transfers residence.
Civil Service Memorandum (CSC) Memorandum Circular No. 41, s. 1998 1. A five-day special emergency leave shall be granted to government Civil Service Memorandum employees directly affected by natural calamity/disaster. (CSC) 2. The special emergency leave can be applied for five straight working days or Memorandum on staggered basis and will not be deducted from the employee’s leave credits; Circular No. 41, s. 1998 3. The purpose of the leave may be any of the following: for urgent repair and clean-up of damage 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; 4. 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.
ACT NCR & DEPED NCR C.N.A DOCUMENT 5.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. 6. The head of office shall take full responsibility for the grant of special emergency leave and verification of the employee’s eligibility to be granted therefor. Said verification shall include validation pf 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 as necessary Maternity and Paternity Leave for Adoptive Parents
As need arises
1.Applications of Maternity and Paternity leave absence by adoptive parents should be submitted to the proper head of department/agency/office for appropriate action; 2. Applications for Maternity and Paternity leave absence bu aoptive parents shoul be accompanied by an authenticated copy of the Adoptive Placement Authority issued by the Department of Social Welfare and Development (DSWD) if the leave of absence will be availed before the grant of the petition for adoption. 3.If maternity and paternity leave benefits are availed after the grant of the petition for adoption. The applications should be accompanied by authenticated copiesof the Decree of Adoption issued by the property court; 4. The grant of the leave of absence under this Resolution shall be available to adoptive parens only once during the whole adoption process, provided , the adoptee or the adopted child is below seven (7) years ofage as of; A). The date the child is placed with the adoptive parens through the Preadoptive Placement Authority; or B). The date the application for maternity or paternity leave is made; 5. The applicable provision of Rule XVI of the Omnibus Rules Implementing Book V of Executive Order No. 292 (CSC Memorandum Circular No. 41 Series of 1998) shall apply suppletorily without need of categorical mention.
Civil Service Commission (CSC) Resolution No. 020515
ACT NCR & DEPED NCR C.N.A DOCUMENT As need arises Special Leave Benefits for Women Under R.A. 9170 (An Act Providing for the Magna Carta of Women
To Provide further guidelines on the availment of Special leave benefits for qualified female public sector employees who have undergone surgery caused bu gynecological disorders pursuant to the provisions and implementing rules and regulations of the Magna Carta of Women. To Ensure uniform interpretation and implementation of the grant of the special leave benefits for women and ensure that the availment of the same ultimately upholds the objectives of the Law. Any female public sector employee, regardless of age and civil status shall be entitled to a maximum of two months with full pay based on her gross monthly compensation provided she has rendered atleast six (6) months aggregate service in any or various government agencies forthe last twelve (12) months prior to undergoing surgery for gynecological disorders. The Special leave may be availed for every instance of gynecological disorder requiring surgery for a maximum period of two (2) months per year. Generally, availment of the said special leave benefits shall be in accordance with the attached List of Surgical Operations for Gynecological Disorders (Annex A), which reflects, among others, the estimated periods of recuperation from surgery due to the specific gynecological disorder. The said List of Surgical Operations for Gynecological Disorders reflects, among others a classification of the Procedure based on the patient's estimated period of recuperation, defined as follows: Other Surgical Operations for Gynecological Disorders which are not found in Annex A of this Guidelines may be allowed subject to certification of a competent medical authority adn submission of other requirements provided under item 3.1 hereof.
Civil Service Commission (CSC) Memorandum Circular No. 25, s. 2010
ACT NCR & DEPED NCR C.N.A DOCUMENT 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 benefit 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 addresed or was addressed by the said surgery; which shall be addressed; the histopathological report ; the operative technique used for the surgery; the duration of the surgery including the peri-operative period (period of confinement around surgery); as well as the employees estimated period of recuperation for the same. The application for the special leave benefits may be applied for in advance, that is, atleast five (5) days prior to the scheduled date of the gynecological sugery that will be undergone by the employee. The rest of the requirements specified im Item 3.2 shall be attached to the medical certificate upon the employee's return to work under Item 3.5 of this Guidelines. The Advance 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 field immediately upon the employee's sreturn from such leave also following the procedure set forth i nItem 3.1 and 3.2 of this Guidelines.
ACT NCR & DEPED NCR C.N.A DOCUMENT Upon the employee's 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 endure that the aforecited guidelines are enforced in one's agency as a mechanis, in order that female employees right to proper reproductive health care ensured. The agency head shall promote reproductive health care awareness and welness program for its employees 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. These Guidelines shall take effect retroactively starting September 15, 2009 or fifteen (15) days after the publication of the Magna Carta ofWomen. *Teachers who are designated to perform non-teaching functions and who render same hours of service as other employees shall be entitled to vacation and sick leave under Civil Service Commission (CSC) Memorandum Circular No. 41, s. 1998
ACT NCR & DEPED NCR C.N.A DOCUMENT
