(PAMBANSANG P A N G A S I W A A N N G PATUBIG) [

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Lujigsod ng Quezon

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Office Address: Naiional Government Center EDSA, Diliman, Quezon City, Philippines (02) 929-6071 to 78 wwv.'.nia.gov.ph

Telefax No. (632) 928-9343 TIN No. 000-916-415

MC No. , S. 2018

MEMORANDUM CIRCULAR

TO THE SENIOR DEPUTY ADMINISTI^TOR, DEPUTY ADMINISTRATORS, DEPARTMENT/ REGIONAL / OPERATIONS/ PROJECT MANAGERS AND OTHERS CONCERNED

SUBJECT : FORCED LEAVE

All officials and employees with ten [10} days or more vacation leave credits shall be required to go on vacation leave whether continuous or intermittent for a minimum of five (5j working days annually, pursuant to Sec. 25 of CSC MC No. 41, s. 1998

The mandatory annual five (5] day forced leave shall be forfeited if not taken before November 15,2018.

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 [Item B under Sec. 25 CSC MC No. 41s. 1998).

Retirement and resignation from the service in a particular year without completing the calendar year do not warrant forfeiture o^ the corresponding leave credits if concerned employees opted not to avail of the i^equired five (5) day mandatory vacation leave [Item C under Sec. 25 CSC MC No. 41 s. 1998].

Those with aecurnuiated vacation leave of less than ten (IGjdays shall have the option to go on forced leave or not. However, officials and employees with accumulated vacation leave of fifteen [15} days who availed of monetization for ten [10} days, under Section 22 hereof, shall still be required to go on forced leave.

•ii^M K I L A R O U J K V I S A Y A (Reij Administrator

Sec. 18. Maternity leave of contractual employees. — All contrac­tual female employees whether or not receiving 2 0 % premium on their salary shall be entitled to materni ty leave benefi ts like regular employees in accor­dance v/ith the provisions of Sect ion 11 hereof. (As amended by CSC Resohj-lion No. 021420 publisiied Nov. 1, 2002 in Today)

Sec. 19. Conditions for the grant of paternity leave. — Every mar­ried male employee is entit led to paternity leave of seven (7) work ing days for the f irst four (4) deliveries of his legit imate spouse wi th whom he is cohabi t ing.

The first of the four del iver ies shall be reckoned from the effectivity of the Paternity Leave Act on July 15, 1996.

iviarried male employee with more than one (1) legal spouse shall be e.ntitsed to avail of paternity leave for an absolute max imum of four del iveries regardless of whichever spouse gives birth, (Provided for under CSC MC No. 41, s. 1998)

Sec. 20. Paternity Leave non-cumulative/non-commutative. — Pa­ternity leave of seven (7) days shall be non-cumulat ive and strictly non-con-vertibie to cash. The same may be enjoyed either in a cont inuous or in an intermittent manner by ihe emp loyee on the days immediately before, dur ing and after the childbirth or miscarr iage of his legi t imate spouse. (Provided for under CSC MC No. 41, s. 1998 and amended by CSC MC no. 14, s. 1999)

Sec. 21 . Special leave privileges. — In addit ion to the vacat ion, sick, materni ty and paternity leave, officials and emp loyees with or without exist ing or approved Collective Negotiation Agreement (CNA), except teachers and those covered by special leave laws, are granted the fol lowing special leave privi­leges subject to the condit ions hereunder s ta ted:

a) Personal milestones such as bir thdays/wedding/wedding anniver­sary celebrat ions and other simi lar mi lestones, including death anniversaries.

b) Parental obligations such as at tendance in school programs, PTA meetings, graduat ions, first commun ion , medical needs, among others, where a chi ld of the government employee is invo lved.

c} Filial obligations to cover the employee 's moral obl igat ion toward his parents and sibl ings for their medical and social needs.

d) Domestic emergencies such as sudden urgent repairs needed at home, sudden absence of a yaya or maid, and the like.

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e) Personal transactions to.cover the entire range of transactions an individual does with government and private offices such as paying taxes, court appearances, arranging a housing loan. etc.

f) Calamity, accident, hospitalization leave pertain to force majeure events that affect the life, l imb, and property of the employee or his immediate family.

1. An employee can still avail of his birthday or wedding anni­versary leave if such occasion falls on either a Saturday, Sunday or Holiday, either before or after the occasion.

2. Employees applying for special privilege leaves shall no longer be required to present proof that they are entit led to avail of such leaves.

3. Three-day limit for a given year shall be strictly observed: an employee can avail of one specia l pnvilege leave for three (3) days or a combination of any of the leaves for max imum of three days in a given year. Special leave privileges are non-cumulaiive and strictly non-convert ible to cash,

4. Immediate family in Rule I (Definit ion of Terms) refers to spouse, children, parents, unmarr ied brothers and sisters or any relative living under the s a m e roof or dependent upon the employee for support.

(Provided under CSC MC No. 41, s. 1998 and further amended by CSC MCNo. 6. s. 1999)

Sec. 22, Monetization of leave credits. — Officials and employees in the career and non-career setvice whether permanent , temporar\ ' , casual, or coterminous, who have accumulated fifteen (15) d a y s of vacation leave credits shall be al lowed to monetize a minimum of ten (10) days; Provided, that at least five (5) days is retained after monetization and prov ided furt.herthat a maximun^ of thirty (30) days may be monetized in a given year. (Provided for under CSC MCNo. 41, s. 1998)

Sec. 23. Monetization of 50% or more of vacation/sick leave credits. — Monetization of fifty percent (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 imme­

diate members of his/her family;

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b. Financial aid and assistance brought about by force majeure events such as calamit ies, typhoons, fire, earthquake and accidents that affect the life, l imb 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 mor tgages and loans which were en te red ln to fo r the benefit or which inured to the benefit of the employee and his/her immediate family;

e. in cases of ex t reme f inancial needs of the employee or his/her immediate family where the present sources of income are not enough to fulfi l! basic needs such as food , shelter and clothing;

f. Other analogous cases as may be determined by the Commis ­sion.

The monetizat ion of 5 0 % or more of the accumula ted leave credits shall be upon the favorable recommendat ion of the agency head and subject to availability of funds.

Immediate family is used herein as def ined in Rule I {Definition of Terms) of the Omnibus Rules Implement ing the Administrat ive Code of 1987.

(As amended by CSC Resolution No. 020731 published June 7,2002 in Today)

Sec. 24. • Computation of Leave Monetization. ~ Either of the follow­ing formula shall be used for the compulat ion of Monetizat ion of Leave Credits:

Monthly salan/ x No. of days x C F ( .0478087)* = Money value of to be the monet ized

monet ized leave OR

Monthly Salary No. of days Money value of the X to be = monet ized leave

20.916667** Monet ized

"Constant Factor based on Section 40 of CSC MC No. 14, s. 1999 •^Equivalent nu.Tiber of days in a montti for computBtion of MLC based on the total number of working days per year (251) [Section 40 of CSC MC No. 14, s. 1999] divided by the number of months in a year (12).

•As smenGsd by CSC MC No. S, s. 2003

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Also, the Commiss ion further reiterates its policy on Maternity Leave as fol lows:

Salaries for the actual services rendered within the unex­pired portion of the maternity leave shad be computed based on the daily wage rate. Pursuant to R.A. 6758 (Salary Standardiza­t ion Law), the daily wage rate shall be determined by dividing the monthly salary by 22 working days in a month.

Sec. 25. F /Vedaysforcec^ /mandatory /eave.—Al l officials and e m ­ployees with 10 days or more vacation leave credits shall be required to go on vacat ion leave whether cont inuous or intermittent for a min imum of five (5) work ing days annually under the fol lowing condi t ions:

(a) The head of agency shall, upon prior consultat ion with the e m ­ployees, prepare a staggered schedule of the mandatory f ive-day vacation leave of officials and employees , prov ided that he may, in the exigency of the service, cance l any previously schedu led leave.

(b) The mandatory annual f ive-day vacation ieave shall be forfeited if not taken duringthe yeap^SwevBililiTcaseswhere'the scheduled

|;leave^has^been'catiii3elied;in^the.jexigenc qfrthe sen/Ice by the lhead;;qf<.tt^eiiage^^ no t 'en joyed shall ^no ^idn^etibiSiStfctiS^tfdrnnh^tdfal̂ l eave ;^

(c) Retirement and resignation f rom the service in a part icular year without complet ing the calendar year do not warrant forfeiture of the corresponding leave credits if concerned employees opted not to avail of the required f ive-day mandato ry vacat ion leave.

(d) Those with accumulated vacat ion leave of less than ten (10) days shall have the option to go on forced leave or not. However , offi­cials and employees with accumula ted vacat ion leave of ,15 days who avai led of monetization for 10 days , under Section 22 hereof, shall still be required to go on forced leave. (Amended by CSC MCNo. 41, s. 1998)

Sec. 26. Accumulation of vacation and sick leave. — Vacat ion and sick leave shall be cumulat ive and any part thereof which m a y not be taken within the calendar year may be carried over to the succeed ing years. When­ever any official or employee retires, voluntari ly res igns, or is a l lowed to resign or is separated from the sen/ice through no fault of his own, he shall be entit led

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R^ublic of the PhiU^^plncs C I V I L S E R V I C E C O M M I S S I O N

MC No. 41 s. 1998

M E M O R A N D U M C I R C U L A R

T O : A L L H E A D S O F D E P A R T M E N T S , B U R E A U S , A N D A G E N C I E S O F T H E N A T I O N A L G O V E R N M E N T , L O C A L G O V E R N M E N T U N I T S , ! N C L U D 1 N G G O V E R N M E N T - O W N E D A N D C O N T R O L L E D C O R P O R A T I O N S W I T H O R I G I N A L C H A R T E R S , A N D S T A T E U N I V E R S I T I E S A N D C O L L E G E S , A L L C I V I L S E R V I C E O F F I C I A L S A N D E M P L O Y E E S

S U B J E C T : Amendments to Rules f and XVI of the Omnibus Rules implementing Book V of the Administrative Code of 1987 (ExeQUtivQOMQrJm

Pursuant to CSC Resolution No. 98-3142, s. 1998, this Commission adopts the amendments to Rule XVi (LEAVE) and the definitions of leave terms under Rule I of the Omnibus Civil Sen/ice Rules implementing Book V of the Administrative Code of 1987 (Executive Order 292).

In view thereof, all existing Civil Service njles and regulations. Circulars and Memoranda inconsistent with these Rules are hereby repealed or amended accordingly.

Chairman

24 December 1998

» S¥.c. 25. Five days forced/jnaridatory Jmve. - All officials and employees with 10 days or more vacation leave credits shall be required to go on vacation leave whether continuousor internxitteat for a minimum of five (5) working days annually under the following conditions:

(a) The head of agency shall, upon prior consultation w i t h 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 sci"ieduled leave.

(b) The mandator}' 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, tlie scheduled leave not enjoyed shall no longer be deducted irom the total accumulated vacation leave.

(c) Retirement and resignation from the service in a pajticular year ^vlthout 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 w l t ^ accumulated vacation leave of 15 days who availed of monetization for 10 days, under Section 22 hereof, shall sliil be required to go on lorced leave.

SEC, 26. Accumulation of vacation and sick leave. - Vacation and sick leave shall be cumulatiye and any part ti\ereof which may not be taken w i t h i n 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 limitadon as to the number of days of vacation and sick leave that he may accumulate provided Ms 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, liisofar as his leave credits is concerned, he shall start from zero balance.

S E C . 27 . Computation of vacation Icane 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 pvery 24 days of actual service using the tables of compulations as follo^vs: