Advance Course for Effective Leave

Administration (ACELA)

GOVERNMENT

WORKING

HOURS Review of Policies

Government Working Hours

- RA No. 1880

- Rule XVII of the Omnibus Rules implementing Book V of EO No.292 - RA No.4670 (Magna Carta for Public School Teachers) and its implementing rules - RA No. 7305 (Magna Carta for Public Health Workers)

Legal Bases:

2

Government Working Hours

Regular Working Hours

8:00-12:00 am and 1:00-5:00 pm

Regular Working Day

Monday to Friday Except Saturday, Sunday and Holidays

Prescribed Number of Working Hours

8 hours of work a day for 5 days or 40 hours a week, exclusive of time for lunch

3

Government Working Hours

Flexible Working Hours may allowed subject to the discretion of the head of the department or agency. In no case shall the working hours be reduced in the event the department or agency adopts the flexi-time schedule in reporting to work. (Sec. 7, Rule XVII of OR impl Bk V of EO 292)

Flexible Working Hours

7:00 am to 7:00 pm

4

Conditions for the grant of flexible working hours (Pursuant to CSC Resolution No. 96-0082 dated January 4, 1996)

Usual office time of 8:00 am to 12:00 nn and 1:00 pm to 5:00 pm shall be made available to the public by the department/agency concerned;

Flexible working hours shall be from 7:00 am to 7:00 pm only;

Flexible working hours adopted by officials and employees shall thereafter be their regular working hours which cannot be occasionally or periodically changed at their pleasure;

5

Government Working Hours

Working Hours for Teachers - 6 hours actual classroom teaching, and - 2 hours for teaching related activities except lunch breaks and recess periods (RA No. 4670, Magna Carta for Public School Teachers; DepEd Memo No. 291, s. 2008)

6

TEACHER’S WORKING HOURS

Public School teachers shall render six (6) hours of actual classroom teaching a day except when undertaking academic activities to be done outside the school premises, i.e., educational trips. One teaching load is equivalent to one hour teaching load. It includes - advisorships and/or - special assignments for the entire school year which shall be considered as one teaching load. (DepEd Memo No. 291, s. 2008,and DepEd Memo No. 16, 2. 2009)

7

TEACHER’S WORKING HOURS

A teacher with less than six (6) hours of actual classroom teaching shall render additional hours of appropriate teaching-related activities and duties enumerated in Item 2(d) of DepEd Memo No. 291 s. 2008, within the school premises to complete six (6) hours.

8

TEACHER’S WORKING HOURS

The remaining two (2) hours intended for teaching related activities, includes: - time interval between actual classroom teaching - may be spent within or outside the school premises subject to the guidelines of the Secretary of Education for the entire school year shall be considered as one teaching load. (DepEd Memo No. 291, s. 2008,and DepEd Memo No. 16, 2. 2009)

9

Government Working Hours

Working Hours for Public Health Workers - 8 hours a day for 5 days or 40 hours a week - shifting of work assignments in hospitals and clinics (RA No. 7305, Magna Carta for Public Health Workers and its implementing rules)

10

Government Working Hours

Hours Worked by Public Health Workers shall include: - All the time during which a PHW is required to be on active duty or to be at a prescribed workplace; and - All the time during which a public health worker is suffered or permitted to work

(RA No. 7305, Magna Carta for Public Health Workers and its implementing rules)

11

Government Working Hours

Hours Worked by Public Health Workers does not include: - The time when the PHW is placed on “On Call” status, BUT shall entitle him/her to an “On Call” pay equivalent to fifty percent (50%) of his/her regular wage. “ON CALL” refers to a condition when public health workers are called upon to respond to urgent or immediate need for health/medical assistance or relief work during emergencies such that he/she cannot devote the time to his/her own use.

(Sec. 15, RA No. 7305, Magna Carta for Public Health Workers and its implementing rules)

12

Person responsible to monitor the observance of government office hours in the agency

It is the duty of each head of department or agency to require all officers and employees under him/her to observe the prescribed office hours. (Sec. 1, Rule VII, OR)

He/she shall require all officers and employees a daily record of attendance to be kept on the proper form and, whenever possible, registered in the bundy clock. (Sec. 2, Rule

XVII, OR)

13

Person responsible to monitor the observance of government office hours in the agency

The head of department or agency may also prescribe internal rules and regulations in the use of bundy clock, logbook, pass slip and/or application for leave of absence.

Allows heads of department/agencies/offices to promulgate its own internal rules and regulations on attendance and punctuality which will require their employee to incur less absences and tardiness. (CSC MC No. 5, s. 1997 dtd 01-28-97

14

Exemption from registering the Bundy Clock

1. Chiefs and Assistant Chiefs of agencies who are appointed by the President 2. Officers who rank higher than chiefs and assistant chiefs in the three branches of the government. and 3. Other presidential appointees. However, their attendance and absences must be duly

recorded. (Sec. 3, Rule XVII. Omnibus Rules impl. Bk V of EO No. 292)

15

If the head of agency allows officials & employees to leave the office during office hours, time spent is either:

Official Business

Personal Business

Official Time

16

17

18

Pass Slip

19

Undertime Working time that is less than the full time or the required minimum.

Usually incurred by an officer or employee who leaves or quits from work earlier that the usual eight-hour work schedule in a given working duty. (CSC Res. No. 00-0970 dated Apr. 7, 2000 re: case of Yadao-Guno, Carmelita)

It is also incurred by an officer or employee who is absent in the afternoon. (CSC Res. No. 10-1358 dtd July 6, 2010/ MC No. 17. s. 2010 dtd Aug. 6, 2010)

Government Working Hours

20

Government Working Hours

Habitual Undertime

Is committed by any officer or employee who incurs undertime, regardless of the number of minutes/hours, ten times a month for: - two (2) months in a semester, or - two (2) consecutive months during the year Admin. Offense: Simple Misconduct and/or Conduct Prejudicial to the Best Interest of the Service (CSC Res. No. 10-1357 dated July 6, 2010/CSC MC No. 16, s.,2010 dtd Aug. 6, 2010)

21

Government Working Hours

Tardiness

Refers to the failure of an officer or employee to report for work or resume for work on time. It also includes failure to report for work in the morning. (CSC Res. No. 1358 dtd July 16, 2010/CSC MC No. 17. s. 2010 , dtd. Aug. 06, 2010)

22

Government Working Hours

Habitual tardiness

When an official or employee has incurred tardiness regardless of minutes per day, ten times a month for:

-Two (2) consecutive months during the year, or -Two (2) months in a semester

(CSC MC Nos. 23 & 34 s. 1998)

The Official/employee is subject to disciplinary action: 1st offense – reprimand 2nd offense – suspension for 1 day to 30 days 3rd offense - DISMISSAL

23

Government Working Hours

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.

(Sec. 34, Rule XVI, OR Implementing Book V of EO 292)

24

Government Working Hours

Off-setting of tardiness or absences by working for an equivalent number of minutes or hours by which an employee has been tardy or absent, beyond the regular or approved working hours of the employee concerned, shall not be allowed. (Sec, 9, Rule XVII of the OR impl. Bk V of EO 292)

25

Habitual Absenteeism

When an employee has incurred UNAUTHORIZED ABSENCES, exceeding the allowable 2.5 days monthly leave credit under the Leave Law for: - three (3) months in a semester, or - three (3) consecutive months during the year he/she shall be considered habitually absent.

Penalty: 1st offense – suspension for six (6) months and one (1) day to one (1) year

2nd offense - DISMISSAL

26

Keeping of Time Records

Falsification or irregularities in the keeping of time records shall be subject to administrative liability, without prejudice to criminal prosecution if the circumstances warrant. (Sec. 4, Rule

VII, OR impl Bk V of EO 292)

27

Government Working Hours

Overtime Service

Authorized Overtime

- With Pay (Sec. 10, Rule XVII, OR)

- Without Pay (Voluntary Overtime)

- Compensatory Time-Off (CTO)

Unauthorized Overtime

- employee may be subjected to disciplinary action

for violation of reasonable office rules and regulations

28

• Covers only Employees of Departments, Bureaus and Agencies of the National Government, State Universities and Colleges, Government-Owned or Controlled Corporations, Government Financial Institutions, and other Government Corporate Entities, including their Subsidiaries.

• Does not include Local Government Units.

COMPENSATORY TIME-OFF (CTO) (Non-Monetary Remuneration for Overtime Services Rendered

pursuant to CSC -DBM Joint Circular No.2, 2004)

29

Coverage

• Incumbents of positions of chief of division and below under permanent, temporary or casual status, and contractual personnel whose employment is in the nature of regular employment.

30

CSC-DBM Circular No. 2, s. 2004, does

not cover the following:

• those occupying positions whose ranks are higher than chiefs of division;

• those appointed to positions in the Career

Executive Service (CES) •elective officials; and •military and uniformed personnel.

31

Compensatory Overtime Credit (COC)

•refers to the accrued number of hours an

employee earns as a result of services rendered beyond regular working hours, and or/or those rendered on Saturdays, Sundays. Holidays or scheduled days off without the benefit of overtime pay.

32

Compensatory Time –Off (CTO) •refers to the number of hours (not less than 4 hours)

or days an employee is excused from reporting for work with full pay and benefits. It is a non-monetary benefit provided to an employee in lieu of overtime pay.

33

Guidelines

Employees are required to render forty (40) hours of work in a week, subject to the work schedule adopted by the agency.

In the exigency of the service, employees may be required to render services beyond regular working hours.

The head of Office shall determine the need for overtime services

- Office Order specifying the date and time for rendition of overtime and its purpose.

34

Overtime Services may be authorized for the following activities:

completion of infrastructure and other projects with set deadlines when due to unforeseen events the deadline cannot be met without resorting to overtime work;

relief, rehabilitation, reconstruction and other related work or services during calamities and disasters;

35

work related to school graduation/registration where the additional work cannot be handled by existing personnel during regular working hours;

work involving the preparation for and administration of government examinations, including the prompt correction and release of results there of where existing personnel are not adequate to handle such work during regular working hours;

Overtime Services may be authorized for

the following activities:

36

seasonal work such as budget preparation and rendition of annual reports to meet scheduled deadlines;

preparation of special/financial/accountability reports required occasionally by central monitoring agencies like the Congress of the Philippines, Office of the President, COA, DBM, and NEDA;

Overtime Services may be authorized for

the following activities:

37

the provision of essential public services during emergency situations, such as power and energy, water, distribution and control of basic staples, communication and transportation, medical and health services, peace and order, and security;

Overtime Services may be authorized for

the following activities:

implementation of special programs/projects embodied

in Presidential directives and authorization and with

specific dates to complete, which are in addition to the

regular duties of the employees;

38

services rendered by drivers and other immediate staff of officials when required to keep the same working hours as their superiors; and

such other activities as may be determined by the head of agency.

legal services to facilitate the dissolution of

cases/resolutions/decisions;

Overtime Services may be authorized for

the following activities:

39

Computation of Compensatory Overtime Credit (COC)

• For overtime services rendered on weekdays or scheduled days:

COC = number of hours of overtime services x 1

• For Overtime services rendered on weekends, holidays of scheduled days off:

COC = number of hours of overtime services x 1.5

40

Each employee may accrue not more than forty (40) hours of COCs in a month

In no instance shall the unexpended balance exceed one hundred twenty hours (120) hrs.

The COCs shall be used as time-off for work within the year these are earned.

41

LIMITATIONS

The COCs cannot be used to offset undertime/s or tardiness incurred by the employee during regular working days.

The COCs earned cannot be converted to cash (Non-commutative)

The COCs will not be added to the regular leave credits of the employee. It is not part of the accumulated leave credits that is paid out to the employee.

42

Effect on Personnel Movement

oUnutilized COCs are deemed forfeited in case of resignation, retirement or separation from the service.

oIn case of detail, secondment or transfer to another agency, the COCs earned in one agency cannot be transferred to another agency, nor could the employee receive the monetary equivalent thereof.

oIn case of promotion, except when promoted to a position not qualified to receive overtime pay under previous issuance, the employee will retain his or her accrued COC.

43

Issuance of Certificate of COC Earned

• The Certificate of COC Earned shall be issued at the end of each month indicating the number of hours earned by the employee.

44

Availment

• The CTO maybe availed of in blocks of four or eight hours tantamount to half day or full day leave from work.

• The employee may use the CTO continuously up to a maximum of five (5) consecutive days per single availment or on a staggered basis within the year.

• The employee must first obtain approval from the head of the agency/authorized official regarding the schedule of availment of CTO.

45

In the exigency of the service, however, the scheduled Compensatory Time-Off may be recalled and subsequently rescheduled by the Head of the Office/authorized official within the year

46

Attendance in Hearing

As a witness in criminal or administrative case;

1. If directly connected with his official duties (ex. Police Officers, Doctors, Auditors)

- Attendance is on official business and is entitled to traveling expenses

2. If not directly related to his official duties and responsibilities

- Attendance is on Official Time

47

Government Working Hours

As respondent/defendant

- Attendance is in his/her own behalf (Personal) - The employee should file a vacation leave of absence unless he/she is under Preventive Suspension - If he/she is exonerated of the charges against him/her in administrative case, leave of absence applied shall be restored or if he/she is on LWOP, he/she shall be compensated therefrom.

48

WORKSHOP

CASE ANALYSIS 5

49