Article 146p. 146

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

For example, an employee has rendered one year and six

months of service:

here

y

year and 6 months (540 days)

W

: = 1

he no. of days to be paid;

x = t

5 days

x =

y

12 ⇒x =

12

540 = 4

SECTION 13. A Married Woman may be Granted

Maternity Leave more than Once a Year . — Maternity

leave shall be granted to female employees in every

instance of pregnancy irrespective of its frequency. |||

(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 14. Married Women may go on Maternity

Leave for Less than Sixty (60) Days . — When a female

employee

wants to report back to duty before the

expiration of her maternity leave, she may be allowed to

do so provided she presents a medical certificate that she

is physically fit to assume the duties of her position.

The commuted money value of the unexpired portion

of the leave need not be refunded and that when the

employee returns to work before the expiration of her

maternity

leave,

she may receive both the benefits

granted under the maternity leave law and the salary for

actual services rendered effective the day she reports for

work. (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 15. Maternity Leave with Pay may be

Granted Even if Delivery Occurs Just a Few Days After

the Termination of Employee's Service . — Maternity

leave with pay may be 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.

SECTION

16.

Maternity

Leave

of

Employee

on

Extended Leave of Absence Without Pay . — If already

entitled, a woman employee can still avail of sixty (60)

days maternity leave with pay even if she is on an

extended leave of absence without pay.

SECTION 17. Maternity Leave of Employee with

Pending Administrative Case . — Every woman employee

in the government service is entitled to maternity leave of

absence

with

pay

even

if

she

has

a

pending

administrative case. (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

18.

Maternity

Leave

of

Contractual

Employees . — 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 Section 11

hereof.

(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 19. Conditions for the Grant of Paternity

Leave . — 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 he is

cohabiting.

The first of the 4 deliveries shall be reckoned from the

effectivity of the Paternity Leave Act on July 15, 1996.

Married male employee with more than one (1) legal

spouse shall be entitled to avail of paternity leave for an

absolute

maximum

of

four

deliveries

regardless

of

whichever spouse gives birth.

SECTION

20.

Paternity

Leave

—

Non-Cumulative/Non-Commutative . — Paternity leave of

seven

(7)

days

shall

be non-cumulative and strictly

non-convertible to cash. The same may be enjoyed in a

continuous or in an intermittent manner by the employee

on the days immediately before, during and after the

childbirth or miscarriage of his legitimate spouse.

SECTION 21. Special Leave Privileges . — In addition

to

the

vacation, sick, maternity and paternity leave,

officials

and

employees

with or without existing or

approved

Collective

Negotiation

Agreement

(CNA),

except teachers and those covered by special leave laws,

are granted the following special leave privileges subject

to the conditions hereunder stated:

(a) funeral/mourning leave (f)

hospitalization

leave

(b) graduation leave

(g) accident leave

(c) enrollment leave

(h) relocation leave

(d) wedding/anniversary

leave

(i)

government

transaction leave

(e) birthday leave

(j)

calamity leave

(1) That the official/employee may be granted a

maximum of three (3) days within a calendar year of any

or combination of special leave privileges of his choice

which he would opt to avail;

(2) That such privileges shall be non-cumulative and

non-commutative;

(3)

That

the

official/employee

shall

submit

the

application for the said special leave privileges for at least

one (1) week prior to its availment except on emergency

cases; and

(4) Special leave privilege may be availed of by the

official/employee when the occasion is personal to him

and that of his immediate family.

SECTION

22.

Monetization

of

Leave

Credits . —

Officials and employees in the career and non-career

service

whether

permanent,

temporary,

casual,

or

coterminous, who have accumulated fifteen (15) days of

vacation leave credits shall be allowed to monetize a

minimum of ten (10) days: Provided, that at least five (5)

days is retained after monetization and provided further

that a maximum of thirty (30) days may be monetized in

a given year.

SECTION 23. Monetization of 50% of Vacation/Sick

Leave Credits . — Monetization of fifty (50%) or more of

the accumulated leave credits may be allowed for valid

and justifiable reasons such as:

a.

Health,

medical

and

hospital

needs

of

the

employee and the immediate members of his family;

b. Financial aid and assistance brought about by force

majeure

events

such

as

calamities,

typhoons,

fire,

earthquake and accidents that affect the life, limb and

property of the employee and his/her immediate family;

c.

Educational

needs

of

the

employee

and the

immediate members of his/her family;

d. Payment of mortgages and loans which were

entered into for the benefit or which inured to the benefit

of the employee and his/her immediate family.

e.

In

cases

of

extreme

financial

needs

of

the

employee or his/her immediate family where the present

sources of income are not enough to fulfill basic needs

such as food, shelter and clothing;

f. Other analogous cases as may be determined by

the Commission.

The monetization of 50% or more of the accumulated

leave

credits

shall

be

upon

the

favorable

recommendation of the agency head and subject to

availability of funds.

Immediate family is used herein as defined in Rule I

(Definition of terms) of the Omnibus Rules Implementing

the Administrative Code of 1987. (Amendment to Section

23, Rule XVI of the Omnibus Rules Implementing Book V

of the Administrative Code of 1987, Also Known as the

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