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LEAVE ADMINISTRATION

LEAVE ADMINISTRATION. Kinds of Leave. VACATION LEAVE. Aims to provide rest and relaxation essential to mental and physical health 15 days for every year of service Usually taken for personal reasons. Contingent upon the needs of the service

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LEAVE ADMINISTRATION

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  1. LEAVE ADMINISTRATION

  2. Kinds of Leave

  3. VACATION LEAVE • Aims to provide rest and relaxation essential to mental and physical health • 15 days for every year of service • Usually taken for personal reasons

  4. Contingent upon the needs of the service • Grant is DISCRETIONARY on the part of the agency head • NO LIMIT on accumulation • Must be submitted 5 days in advance Vacation Leave …

  5. why? SICK LEAVE • granted only on account of employee’s sickness or disability or of any member of his immediate family • 15 daysfor every year of service • sick leave in excess of five days shall be accompanied by proper medical certificate

  6. Sick Leave … • Approval of SL is mandatory if proof of sickness or disability is attached to the application • Application should be filed immediately upon employee’s return from said leave, however, notice of absence be sent to immediate supervisor and/or agency head • May be filed in advance if employee will undergo medical exam or operation or advised to rest in view of health reasons.

  7. Sick Leave … • If duration does not exceed five (5) days, the agency head may determine whether granting sick leave is proper under the circumstances. In case of doubt, a medical certificate may be required • NO LIMIT on accumulation • Unreasonable delay in the action thereof without justifiable reason shall be a ground for appropriate action against the official concerned

  8. MATERNITY LEAVE Purpose: • to extend working mothers some measures of financial help • To provide her a period of rest and recuperation in connection with her pregnancy

  9. Maternity Leave… Pregnancy • Period between conception and delivery or birth of a child • Miscarriage is within the period of pregnancy • ML is granted in addition to the VL and SL

  10. Entitlement to Maternity Leave…

  11. Entitlement to Maternity Leave… Formula for Computation of ML for those who have rendered less than 2 years service 60 x ---- = ---- 720 y 720x = 60y 60y x = ----- 720 y x = ---- 12 Y - no. of days in the service X - no. of days to be paid two years = 720 days

  12. Maternity Leave … • It cannot be deferred but IT should be AVAILED OF EITHER BEFORE OR AFTER the actual period of delivery in CONTINUOUS and UNINTERRUPTED manner • Shall be granted at every instance of pregnancy irrespective of its frequency • May be granted if delivery occurs not more than 15 calendar days after termination as her right thereto has already accrued

  13. Maternity Leave … • Can be availed of despite pendency of an administrative case • Can be availed of even if on an extended leave of absence without pay • Contractual employees are also entitled to ML

  14. Maternity Leave … • In case of those in the teaching profession, maternity leave benefits can be availed even if the period of delivery occurs during the long vacation • Both maternity benefits and proportional vacation pay shall be received by the teacher concerned • Availee may be allowed to report back to duty before the expiration of the ML provided she presents a MEDICAL CERTIFICATE that she is physically and mentally fit to assume the duties of her position

  15. Maternity Leave … HOW TO COMPUTE SALARY FOR ACTUAL SERVICES RENDERED Monthly Salary Actual No. SALARY = ------------------- X of days 22 days Worked

  16. KINDS OF LEAVE… PATERNITY LEAVE Purpose: • to enable him to effectively lend care and support to his wife before, during and after childbirth • for him to be able to assist in caring for his newborn child.

  17. Paternity Leave … • granted to MARRIED male employees • seven working days • first four deliveries of his LEGITIMATE spouse with whom he is COHABITING, reckoned from the effectivity of Paternity Leave Act on July 15, 1996.

  18. Paternity Leave … • Non-cumulative and strictly non-convertible to cash • Maybe enjoyed in a CONTINUOUS or in an INTERMITTENT manner IMMEDIATELY before, during and after the childbirth or miscarriage

  19. SPECIAL LEAVE …. • PERSONAL MILESTONE - birthdays, wedding anniversary celebration, death anniversary • PARENTAL OBLIGATIONS -attendance to school programs, PTCA meetings, graduation, first communion; medical need of a child • FILIAL OBLIGATIONS - moral obligation towards his parents and siblings for their medical and social needs

  20. SPECIAL LEAVE …. • DOMESTIC EMERGENCIES - sudden urgent repairs needed at home, sudden absence of yaya • PERSONAL TRANSACTIONS - transactions with govt & private offices • CALAMITY, ACCIDENT, HOSPITALIZATION LEAVE - force majeure events that affect the life, limb and property of the employee or his immediate family

  21. SPECIAL LEAVE …. • Birthday or wedding anniversary leave, if such occasion falls on either Sat., Sun., or Holiday, can be availed of either before or after the occasion • No need to present proof that one is entitled thereto • Three-day limit for a given year shall be strictly observed • NOT ENTITLED – teachers and those covered by special laws

  22. SPECIAL LEAVE …. • Immediate member of the family refers to spouse, children, parents, unmarried brother and sisters or any relative living under the same roof or dependent upon the employee for support

  23. FORCED/MANDATORY LEAVE …. • If accumulated VL credits is ten (10) days or more VL credits, an employee is required to go on VL whether continuous or intermittent for a minimum of five working days annually • Head of agency, upon consultation with the employees, shall prepare a staggered schedule of mandatory leave of officials and employees. He may cancel any previously scheduled leave, in the exigency of the service

  24. FORCED/MANDATORY LEAVE …. • FL shall be forfeited if not taken during the year. However, in cases where scheduled FL has been cancelled due to exigency of the service by the head of agency, the scheduled FL not enjoyed shall no longer be deducted from the total accumulated VL • Retirement and resignation in a 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 FL

  25. FORCED/MANDATORY LEAVE …. • Those with accumulated VL of less than ten (10) days shall have the option to go on FL or not. • Those with accumulated VL of 15 days who availed of the monetization of 10 days shall still be required to go on forced leave

  26. RA 9710 S. 2010 AND CSC MC 25 S. 2010 LEAVE FOR FEMALE EMPLOYEES WITH WOMEN’S DISEASES SUPPORTED BY A MEDICAL CERTIFICATE THAT SHE NEEDS TO GO ON LEAVE MAXIMUM OF 2 MONTHS

  27. TERMINAL LEAVE …. • applied for by those who intends to severe his connection with his employer • Filing requires employee’s resignation, retirement or separation from the service • application shall be sent to the head of department concerned for approval

  28. REHABILITATION LEAVE …. • Granted on account of wounds or injuries sustained while in the performance of duties • Illness resulting from or aggravated by working conditions or the environment cannot be a basis for availing of the leave • Injuries from accidents in going to and from work are NOT considered sustained in the performance of duties Joint DBM-CSC Circular No. 1, s. 2006

  29. REHABILITATION LEAVE …. • It may be extended to employees in situations where he/she meets accident while engaged in activities inherent to the performance of his/her duties, including being on - Official Business (OB) - Official Travel - authorized Overtime (OT) - Detail Order - Special Assignment Orders

  30. REHABILITATION LEAVE …. • maximum of six months with full pay, • The duration, frequency and terms of availment shall be based on the recommendation of medical authority • It may be on half-time basis or an intermittent schedule • not charged against SL/VL • Those on such leave do not earn leave credits

  31. REHABILITATION LEAVE …. • They are entitled to regular benefits, except RATA • reimbursement of first aid expenses but not to exceed 5,000 and subject to availability of funds, • Must be filed within one week from the time of the accident • Written concurrence of a government physician should be obtained

  32. Ten-Day Leave under RA 9262(Anti-Violence Against Women and Their Children Act of 2004) • Granted to any woman employee who is or whose child is a victim of violence • Continuous or intermittent to cover days that she has to attend to medical and legal concerns • Non-cumulative and not convertible to cash • Must be supported by BPO, TPO/PPO, certification on application for protection orders or a police report (Memorandum Circular No. 15, s. 2006)

  33. PARENTAL LEAVE … Purpose: To enable Solo Parents to perform parental duties and responsibilities where physical presence is needed 7 days per year Children - those living with and dependent upon the solo parent - unmarried, unemployed and below 18 years of age - above 18 but are incapable of self-support and/or mentally & physically challenged (Memorandum Circular No. 8, s. 2004) & RA 8972

  34. Who are considered solo parents? • Woman who gives birth as a result of rape and other crimes against chastity - even without final conviction of the offender - the mother keeps and raises the child • Unmarried person who has preferred to keep and rear the child • Person who solely provides parental care and support to a child - duly licensed as a foster parent by DSWD - duly appointed a legal guardian by the court • Family member who assumes the responsibility of a head of family as a result of the death, abandonment, disappearance, prolonged absence of the parents - absence lasts for at least one (1) year

  35. Who are considered solo parents? • One who is left alone or alone with the responsibility or parenthood due to: NNULMENT or DECLARATION OF NULLITY or of marriage as decreed by a court of by a church provided he/she has custody of the children EATH of spouse NCAPACITY (PHYSICAL/MENTAL) of the spouse as certified by a public medical practicioner ETENTION or SERVICE OF SENTENCE of the spouse for a conviction for at least one(1) year BANDONMENT of spouse for at least 1 year EPARATION (legal or de facto) from spouse for at least 1 year provided he/she has custody of the children A D I D A S

  36. Maternity/Paternity Leave benefits of Adoptive Parents … Purpose: To provide an opportunity for the child and adoptive parents to develop a bonding similar to that between the biological child and his/her parents Provided that the child is still below 7 years old (CSC Resolution No. 020515, RA 8552)

  37. Conditions for availing parental leave … • availee must have rendered at least 1 year of government service, whether continuous or broken • not convertible to cash, unless specifically agreed upon previously It may be availed of on staggered or continuous basis, subject to the approval of head of agency • Application must be submitted at least 1 week prior to availment, except on emergency cases

  38. Parental leave … • It will be forfeited if not availed of within the calendar year • Application must be supported also by the following: 1. Solo Parent ID - must be secured from the City/Municipal Social Welfare and Development Office - valid for one year from issuance but renewable yearly 2. Birth Certificate of child/children 3. Other requirements such as medical certificates, etc. • Approval is mandatory provided it is in order • Non-approval without justifiable reason shall be a ground for appropriate sanction against the official concerned

  39. Guidelines (leave benefits of adoptive parents): • Application should be submitted to the proper head of agency and must be supported by authenticated copy of the following: • Pre-Adoptive Placement Authority (PPA) issued by the DSWD, if leave of absence is availed before the grant of the petition for adoption • Decree of Adoption issued by the proper court • Available only ONCE during the whole adoption process • The adopted child must be below 7 years of age as of: • the date the child is placed with the adoptive parents through the PPA; or • the date of application for maternity or paternity leave is made

  40. STUDY LEAVE Purposes: To help employees prepare for their bar or board examinations or complete their master’s degree To develop a critical mass of competent and efficient employees which will redound to the improvement of the delivery of public services MAXIMUM PERIOD 6 months - bar/board examinations 2.5 years - Masters degree 3 years - Doctoral degree (MC 21, s. 2004)

  41. Requirements (study leave)… • A graduate of a bachelor’s degree that requires the passing of the bar board licensure exam for the practice of profession • The profession or field of study to be pursued must be relevant to the agency’ mandate or to the official duties and responsibilities of the concerned official or employee, as determined by the agency head • At least 2 yrs in service • At least VS performance for the last 2 rating periods immediately preceding the application

  42. Requirements (study leave)… • no pending administrative and criminal case • no current foreign or local scholarship grant • must have fulfilled service obligation of any previous scholarship and training contract, if any • must have a permanent appointment COTERMINUS employees may be allowed provided: - he meets the requirements - would be able to fulfill the required service obligation - not related to the head of agency within the 4th degree

  43. STUDY LEAVE PERIODSERVICE OBLIGATION One month Six months Two to three months One Year More than 3 months Two years to 6 months NOTE Study Leave of Teachers are not covered by these rules, it is covered by the provisions of RA 4670)

  44. Other guidelines (study leave) … • The leave shall be covered by a contract between the agency head and the employee • NO EXTENSION shall be allowed • If they need more time, grantees may file a leave of absence chargeable against their vacation leave credits • If grantee failed to render in full the service obligation, he/she shall REFUND the gross amount of salary, allowances and other benefits received while on study leave proportionate to the balance of the service obligation

  45. STUDY LEAVE Computation…. (refund) (SOR-SOS) R = ------------------ x TCR SOR R - refund TCR - total compensation received (gross salary, allowances, and other benefits while on Study Leave. SOS - Service obligation served SOR - Service obligation required

  46. TERMINAL LEAVE • Applied by an official or employee who intends to sever his connection with his employer, thus, filing of said leave requires employee’s resignation, retirement or separation from the service • application for leave in connection with separation through no fault of an official or employee shall be sent to the head of department concerned for approval

  47. TERMINAL LEAVE • Ombudsman clearance is required for processing and payment of TL as the same is needed only for payment of retirement benefits • Payment be made exclusive of Sat., Sun and holidays without limitation and regardless of the period when the leave credits were earned

  48. TERMINAL LEAVE • Request for payment of TL must be brought within ten (10) years from the time the right of action accrues upon an obligation created by law • Basis for computation is the highest salary received at any time during the period of employment in the govt service

  49. TERMINAL LEAVE • An official or employee on terminal leave does not earn leave credits as he is already out of the service • Effect of Decision in administrative case - an employee who is dismissed from the service is NOT BARRED from entitlement to TLB

  50. WHAT? TERMINAL LEAVE FORMULA TLB= S x D x CF TLB- terminal leave benefits S - highest monthly salary received D - no. of accumulated VL/SL credits CF - constant factor of .0478087

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