Article 145p. 145

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

the inspection report, it shall notify the Commission of

such request within 15 days from receipt of the report and

submit in writing the reasons to support the request for

reconsideration. After the request for reconsideration, the

Commission shall notify the department, agency or local

government unit of its decision. Such decision shall be

final.

RULE XVI Leave of Absence

SECTION 1. Entitlement to Leave Privileges . — In

general,

appointive

officials

and

employees

of

the

government whether permanent, temporary, or casual,

who render work during the prescribed office hours, shall

be entitled to 15 days vacation and 15 days sick leave

annually with full pay exclusive of Saturdays, Sundays,

Public Holidays, without limitation as to the number of

days of vacation and sick leave that they may accumulate.

SECTION

2.

Leave

of

Absence

of

Part-Time

Employees .

—

Employees

rendering

services

on

part-time basis are entitled to vacation and sick leave

benefits proportionate to the number of work hours

rendered. A part-time employee who renders four (4)

hours of work five (5) days a week or a total of 20 hours a

week is entitled to 7.5 days vacation leave and 7.5 days

sick leave annually with full pay.

SECTION 3. Leave of Absence of Employees on

Rotation Basis . — Employees on rotation basis shall be

entitled to vacation and sick leave corresponding to the

periods of service rendered by them. If an employee has

been allowed to work in two or more shifts or rotation, the

periods of actual service covered by each shift or rotation

should be added together to determine the number of

years, months and days during which leave is earned.

SECTION 4. Contractual Employees are Not Entitled

to Leave Credits as a Matter of Right . — In view of the

nature

of

their

employment,

employees

hired

on

contractual basis are not entitled to vacation, sick, and

other

special

leave

privileges.

To

offset

their

non-entitlement to leave benefits, contractual employees

may be paid compensation twenty percent (20%) higher

than

the

salaries

of

regular

employees

occupying

equivalent positions. If contractual employees are not

given the 20% premium, they should be entitled to

vacation and sick leave.

SECTION 5. Leave Credits of Local Elective Officials .

— Local elective officials started to be entitled to leave

privileges effective May 12, 1983 only pursuant to Batas

Pambansa 337 . However, said leave was commutative but

not cumulative. This means that local elective officials

who did not commute said leave during the year earned

are deemed to have forfeited the same.

However,

starting

January

1,

1992,

local

elective

officials shall be entitled to leave privileges as those

enjoyed

by

appointive

local

officials,

including

accumulation and commutation thereof.

SECTION 6. Teachers' Leave . — Teachers shall not be

entitled to the usual vacation and sick leave credits but to

proportional vacation pay (PVP) of 70 days of summer

vacation plus 14 days of Christmas vacation. A teacher

who has rendered continuous service in a school year

without incurring absences without pay of not more than

1 1/2 days is entitled to 84 days of proportional vacation

pay.

Other leave benefits of teachers such as study leave

and indefinite sick leave are covered by Section 24 and 25

of RA 4670 (Magna Carta for Public School Teachers).

SECTION 7. Other Employees Under Teacher's Leave

Basis . — Day Care Workers and all other appointive

employees whose work schedule is the same as that of

teachers, earn leave credits in accordance with Sections 6

and 9 hereof.

SECTION

8.

Teachers

who

are

Designated

to

Perform Non-Teaching Functions . — Teachers who are

designated to perform non-teaching functions and who

render the same hours of service as other employees shall

be entitled to vacation and sick leave.

SECTION 9. Vacation Service Credits of Teachers . —

Teachers' vacation service credits refer to the leave credits

earned for services rendered on activities, during summer

or Christmas vacation, as authorized by proper authority.

These vacation service credits are used to offset absences

of a teacher due to illness or to offset proportional

deduction in vacation salary due to absences for personal

reasons or late appointment. The manner by which

service credits may be earned by teachers is subject to

the guidelines issued by the Department of Education,

Culture and Sports (DECS).

SECTION

10.

Leave

Credits

of

Officials

and

Employees Covered by Special Leave Law . — The leave

credits

of

the following officials and employees are

covered by special laws:

(a) Justices of the Supreme Court, Court of Appeals

and Sandiganbayan;

(b) Judges of Regional Trial Courts, Municipal Trial

Courts, Metropolitan Trial Courts, Court of Tax Appeals

and Shari'a Circuit Court; and Shari'a District Court.

(c) Heads of the Executive Departments, Heads of

Departments, Undersecretaries;

(d) Chairmen and Commissioners of Constitutional

Commissions;

(e) Filipino officers and employees in the Foreign

Service;

(f) Faculty members of state universities and colleges

including those teaching in universities and colleges

created pursuant to ordinance of the LGUs; and

(g) Other officials and employees covered by special

laws.

Hence, Justices and other government officials and

employees covered by special laws should promulgate

their

own

implementing

rules

relative

thereto.

Said

implementing rules should be submitted to the Civil

Service Commission for record purposes.

SECTION 11. Conditions for the Grant of Maternity

Leave . — Every woman in the government service who

has rendered an aggregate of two (2) or more years of

service, shall, in addition to the vacation and sick leave

granted to her, be entitled to maternity leave of sixty (60)

calendar days with full pay.

Maternity leave of those who have rendered one (1)

year or more but less than two (2) years of service shall be

computed

in

proportion

to

their

length

of

service,

provided, that those who have served for less than one (1)

year shall be entitled to 60 days maternity leave with half

pay.

It is understood that enjoyment of maternity leave

cannot be deferred but should be enjoyed within the

actual

period

of

delivery

in

a

continuous

and

uninterrupted manner not exceeding 60 calendar days.

(Amendment of Section 11, Rule XVI of the Omnibus Rules

Implementing Book V of the Administrative Code of 1987,

CSC Memorandum Circular No. 22-02, [October 23, 2002])

SECTION

12.

Formula

for

the

Computation

of

Maternity Leave . — Employees who have rendered less

than two (2) years of service may only receive full pay for a

number of days based on the ratio of 60 days to 2 years of

service.

here

y

he no. of days in the service;

W

: = t

he no. of days to be paid;

x = t

years

720 days

2

=

20x

0y

60

720 = y

x ⇒7

= 6

⇒x = 720

60y

x =

y

12

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