Article 148p. 148

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

clearance is needed only for payment of retirement

benefits.

SECTION 37. Payment of Terminal Leave . — Any

official/employee

of

the

government

who

retires,

voluntarily

resigns, or is separated from the service

through no fault of his own, and who is not otherwise

covered

by

special

law,

shall

be

entitled

to

the

commutation of his leave credits exclusive of Saturdays,

Sundays and Holidays without limitation and regardless

of the period when the credits were earned.

SECTION 38. Period Within which to Claim Terminal

Leave Pay . — Request for payment of terminal leave

benefits must be brought within ten (10) years from the

time the right of action accrues upon an obligation

created by law.

SECTION

39. Basis

of

Computation

of

Terminal

Leave . — Payment of terminal leave for purposes of

retirement or voluntary resignation shall be based on the

highest monthly salary received at any time during his

period of employment in the government service and not

on his latest salary, unless the latter is the highest

received by the retiree.

SECTION 40. Computation of Terminal Leave . — The

terminal leave benefits shall be computed as follows:

LB

T

=

22

Dx(S)

Where:

TLB = Total Terminal Leave Benefits

D = No. of accumulated leave (VL &

SL)

S = Highest monthly salary

received

22 = Number of working days in a

month pursuant to R.A. 6758

SECTION 41. Official/Employee on Terminal Leave

Does Not Earn Leave Credits . — The official/employee

who is on terminal leave does not earn any leave credits

as he is already out of the service. While on terminal leave,

he merely enjoys the benefits derived during the time of

such employment. Consequently, he is no longer entitled

to the benefits or salary increases that may be granted

thereafter.

SECTION 42. Employee on Extension of Service Does

not Earn Leave Credits . — The official/employee who has

reached the compulsory retirement age of 65 but whose

service

has

been

extended

by

the

Commission

for

another six (6) months, no longer earns leave credits.

SECTION 43. Computation of Salary . — An official or

employee who applies for vacation or sick leave shall be

granted leave with pay at the salary he is currently

receiving.

SECTION 44. Leave During Probationary Period . —

An employee still on probation may already avail of

whatever leave credits he has earned during said period.

Accordingly, any leave of absence without pay incurred

during

the

period

of

probation

shall

extend

the

completion thereof for the same number of days of such

absence.

SECTION 45. Payment of Unused Vacation Service

Credits

of

Teachers .

—

Teachers

and

other

school

personnel on the teachers' leave basis who resigned,

retired, or are separated from the service through no fault

of their own on or after January 16, 1986 shall be paid the

money value of their unused vacation service credits

converted to vacation and sick leave using the formula:

acation and Sick Leave

V

=

2

30Y 69

/

Where:

30 =

Number of Days in a Month

Y =

Total Number of Teacher's

Service Credits

*69 =

58 Days of Summer Vacation

plus 11 Days Christmas Vacation

2 =

the two kinds of leave

4

5

9 days

8 −1 = 6

total number of days of Summer/

Christmas vacation (12 days

Saturdays/Sundays during summer

vacation 3 days — Christmas Day, Rizal

Day, New Year's Day)

SECTION

46.

Transfer

from

Teaching

to

Non-Teaching Service During Summer Vacation . — A

teacher who transferred to the non-teaching service

immediately after the close of the school year during

summer vacation, is entitled to proportional vacation pay

inasmuch as his right thereto has already accrued.

SECTION 47. Transfer of Leave Credits . — When an

official or employee transfers from one government

agency to another, he can either have his accumulated

vacation

and/or

sick

leave

credits

commuted

or

transferred to his new agency.

The second option can be exercised as a matter of

right only by an employee who does not have gaps in his

service. However, a gap of not more than one month may

be allowed provided same is not due to his fault.

The option to transfer accumulated leave credits can

be exercised within one (1) year only from the employee's

transfer to the new agency.

This provision is not applicable to transfer of leave

credits of uniformed personnel from the military to the

civilian service.

SECTION

48.

Remedy

when

Transfer

of

Leave

Credits is Denied . — An official or employee who failed to

transfer his leave credits to the new office in line with the

provisions in the preceding section, may claim the money

value of such leave credits from the office where earned.

SECTION 49. Period Within which to Act on Leave

Application . — Whenever the application for leave of

absence, including terminal leave, is not acted upon by

the head of agency or his duly authorized representative

within five (5) working days after receipt thereof, the

application

for

leave

of

absence

shall

be

deemed

approved.

SECTION 50. Effect of Unauthorized Leave . — An

official/employee who is absent without approved leave

shall not be entitled to receive his salary corresponding to

the period of his unauthorized leave of absence. It is

understood, however that his absence shall no longer be

deducted from his accumulated leave credits, if there are

any.

SECTION 51. Application for Vacation Leave . — All

applications for vacation leave of absence for one (1) full

day or more shall be submitted on the prescribed form

for action by the proper head of agency five (5) days in

advance, whenever possible, of the effective date of such

leave.

SECTION 52. Approval of Vacation Leave . — Leave of

absence for any reason other than illness of an official or

employee or of any member of his immediate family

must be contingent upon the needs of the service.

Hence,

the

grant of vacation leave shall be at the

discretion of the head of department/agency.

SECTION

53.

Application

for

Sick

Leave . — All

applications for sick leave of absence for one full day or

more shall be made on the prescribed form and shall be

© Compiled by RGL

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