Article 147p. 147

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

Omnibus Rules on Leave, CSC Memorandum Circular No.

16-02, [June 24, 2002])

SECTION 24. Computation of Leave Monetization . —

The

formula

to

be

used

for

the

computation

of

monetization is as follows:

Monthly Salary

22 Working Days

No. of days to

be Monetized

Money Value of

the monetized

leave

SECTION 25. Five Days Forced/Mandatory Leave . —

All officials and employees with 10 days or more vacation

leave credits shall be required to go on vacation leave

whether continuous or intermittent for a minimum of five

(5) working days annually under the following conditions:

(a) The head of agency shall, upon prior consultation

with the employees, prepare a staggered schedule of the

mandatory

five-day

vacation

leave

of

officials

and

employees, provided that he may, in the exigency of the

service, cancel any previously scheduled leave.

(b) The mandatory annual five-day vacation leave

shall be forfeited if not taken during the year. However, in

cases where the scheduled leave has been cancelled in

the exigency of the service by the head of the agency, the

scheduled leave not enjoyed shall no longer be deducted

from the total accumulated vacation leave.

(c) Retirement and resignation from the service in a

particular year without completing the calendar year do

not warrant forfeiture of the corresponding leave credits if

concerned employees opted not to avail of the required

five-day mandatory vacation leave.

(d) Those with accumulated vacation leave of less

than ten (10) days shall have the option to go on forced

leave or not. However, officials and employees with

accumulated vacation leave of 15 days who availed of

monetization for 10 days, under Section 22 hereof, shall

still be required to go on forced leave.

SECTION 26. Accumulation of Vacation and Sick

Leave . — Vacation and sick leave shall be cumulative and

any part thereof which may not be taken within the

calendar year may be carried over to the succeeding

years.

Whenever

any

official

or

employee

retires,

voluntarily resigns, or is allowed to resign or is separated

from the service through no fault of his own, he shall be

entitled to the commutation of all the accumulated

vacation and/or sick leave to his credit, exclusive of

Saturdays, Sundays, and holidays, without limitation as to

the number of days of vacation and sick leave that he

may accumulate provided his leave benefits are not

covered by special law.

When a person whose leave has been commuted

following his separation from the service is reemployed in

the

government

before

the

expiration

of

the leave

commuted, he shall no longer refund the money value of

the unexpired portion of the said leave. Insofar as his

leave

credits is concerned, he shall start from zero

balance.

SECTION 27. Computation of Vacation Leave and

Sick Leave . — Computation of vacation leave and sick

leave shall be made on the basis of one day vacation leave

and one day sick leave for every 24 days of actual service

using the tables of computations as follows:

SECTION 28. Actual Service Defined . — The term

"actual service" refers to the period of continuous service

since

the

appointment

of

the

official

or

employee

concerned, including the period or periods covered by

any previously approved leave with pay.

Leave of absence without pay for any reason other

than illness shall not be counted as part of the actual

service rendered: Provided, that in computing the length

of service of an employee paid on the daily wage basis,

Saturdays, Sundays or holidays occurring within a period

of service shall be considered as service although he did

not receive pay on those days inasmuch as his service was

not then required.

A

fraction

of one-fourth or more but less than

three-fourth shall be considered as one-half day and a

fraction of three-fourths or more shall be counted as one

full day for purposes of granting leave of absence.

SECTION 29. Computation of Leave for Employees

with Irregular Work Schedule . — Employees, including,

among others, hospital personnel, whose work schedules

are irregular and at times include Saturdays, Sundays,

and legal holidays and are instead off-duty on other days,

their off-duty days regardless or whether they fall on

Saturdays, Sundays, or holidays during the period of their

leave, are to be excluded in the computation of vacation

and sick leave. In other words, if an employee is off-duty,

say for two (2) days falling on Saturdays, Sundays, or

holidays,

these

days

occurring

within the period of

authorized leave are to be excluded in the deduction of

the number of days of leave from the earned leave credits

of the employee.

SECTION 30. Computation of Leave for Employees

Observing

Flexible

Working

Hours .

—

Employees

observing flexible working hours who render less than

the usual eight (8) hours of work per day but complete

the forty (40) hours of work in a week, shall be deducted

from their leave credits only the minimum number of

hours required to be served for a day but which was not

served.

Any

absence

incurred

must

be

charged

in

proportion to the number of hours required for a day's

work.

SECTION 31. Commutation of Salary Prior to Leave .

— The proper head of department, local government unit,

and government owned or controlled corporation with

original charter may, in his discretion, authorize the

commutation of the salary that would be received during

the period of vacation and sick leave of any appointive

official and employee and direct its payment at the

beginning of such leave from the fund out of which the

salary would have been paid.

SECTION 32. Absence on a Regular Day for which

Suspension of Work is Announced . — Where an official

or an employee fails to report for work on a regular day for

which suspension of work is declared after the start of

regular working hours, he shall be considered absent on

that day.

SECTION 33. Leave of Absence Without Pay on a

Day Immediately Preceding or Succeeding Saturday,

Sunday or Holiday . — When an employee, regardless of

whether he has leave credits or not is absent on a day

immediately preceding or succeeding a Saturday, Sunday

or holiday, he shall not be considered absent on said days.

However,

the

same

provision

is

applicable

only

to

intermittent or broken absences incurred by an employee

but not to continuous or uninterrupted absences without

pay exceeding a period of seven (7) calendar days.

SECTION

34.

Tardiness

and

Undertime

are

Deducted Against Vacation Leave Credits . — Tardiness

and undertime are deducted from vacation leave credits

and shall not be charged against sick leave credits, unless

the undertime is for health reasons supported by medical

certificate and application for leave.

SECTION 35. Terminal Leave . — Terminal leave is

applied for by an official or an employee who intends to

sever his connection with his employer. Accordingly, the

filing of application for terminal leave requires as a

condition

sine

qua non , the employee's resignation,

retirement or separation from the service without any

fault on his part. It must be shown first that public

employment

cease

by

any

of

the

said

modes

of

severances.

SECTION

36.

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. In this connection, clearance

from

the

Ombudsman

is

no

longer

required

for

processing

and

payment

of

terminal

leave as such

© Compiled by RGL

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