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ACT NCR & DEPED NCR C.N.

A DOCUMENT
SUMMARY OF LEAVE PRIVILEGES THAT A TEACHER MAY AVAIL
Type of Leave
Study Leave

When can be availed?


As need arises

Conditions
Teachers shall be entitled to sudy leave not exceeding one (1) school year after
seven (7) years of service.
During such leave the teachers shall be entitled to at least 60% of their monthly
salary. Provided, however, that no teacher shall be allowed to accumulate
more than 1 year study leave, unless he needs an additional semester to finish
his thesis for a graduate study in education or allied courses.

Legal Basis
Implementing
Rules and
Regulation of
R.A. 4670 (The
Magna Carta for
Public School
Teachers)

Provided, further, that no compensation shall be due the teacher after the first
year of such leave.
The compensation allowed for 1 year study leave as herein provided shall be
subject to the condition that the teacher takes the regular study load and
passes at least 70% of his courses.
Study leave of more than 1 year may be permitted by the Head of Agency but
without compensation.
Indefinite Leave

As need arises

Indefinite sick leave of absence shall be granted to teachers when the nature of
illness demands a long treatment that will exceed 1 year at the least.

Implementing
Rules and
Regulation of
R.A. 4670 (The
Magna Carta for
Public School
Teachers)

Maternity Leave

As need arises

Married women in the government service who have rendered an aggregate of


2 or more years of service, shall, in addition to the vacation and sick leave
granted to them, be entitled to maternity leave of sixty (60) calendar days with
full pay.

Civil Service
Memorandum
(CSC)
Memorandum
Circular No. 41,
s. 1998

ACT NCR & DEPED NCR C.N.A DOCUMENT

Paternity Leave

As need arises

Maternity leave of those who have rendered 1 year or more but less than 2
years of service shall be computed in proportion to their length of service,
provided, that those who have served for less than 1 year shall be entitled to
60 day maternity leave with half pay.
Every married male employee is entitled to paternity leave of seven (7)
working days for the first four (4) deliveries of his legitimate spouse with whom
whom he is cohabiting.

Civil Service
Memorandum
(CSC)
Memorandum
Circular No. 41,
s. 1998

The first of the 4 deliveries shall be reckoned from the effectivity of the
Paternity Leave Act on 15 July 1996
Married male employee with more than 1 legal spouse shall be entitled to avail
of paternity leave for an absolute maximum of 4 delivieries regardless of
whichever spouse gives birth.
Parental Leave (Solo Parent)

As need arises

Any individual in the government service who falls under any of the
following categories shall be considered a Solo Parent for the availment of
Parental Leave
-a woman who gives birth as a result of rape and other crimes against chastity
even without a final conviction of the offender provided.
-That the mother keeps and raises the ;
Parent left solo or alone with the responsibility of parenthood due to any of the
following circumstances:
-Death of Spouse
-Detention of the spouse or serving sentence for a criminal conviction for at
least one (1) year,
-Physical/mental incapacity of spouse as certified by a public medical
practitioner.
-Legal separation or de facto separation from spouse for at least one year
provided he/she has custody of the children
- Declaration of nullity or annulment of marriage as decreed by a court or by a
church, provided, he/she has custody of the children;
- Abandonment of spouse for at least one year,

Civil Service
Memorandum
(CSC)
Memorandum
Circular No. 8, s.
2004

ACT NCR & DEPED NCR C.N.A DOCUMENT


-Unmarried person who prefers to keep and rear the children instead of other
caring for them or give them up to a welfare institution
-Any other person solely providing parental care and support to a child or
children duly licensed as a foster parent by the DSWD or duly appointed legal
guardian by the court
-Any family member assuming the responsibility of head of family due to death,
abandonment, disappearance or prolonged absence of the parent; Provided,
that such abandonment, disappearance, or absence lasts for at least one (1)
year
-The parental leave of seven (7) days addition to existing leave privileges shall
be granted to any solo parent employee subject to the following conditions
Must have rendered at least one (1) year government service whether
continuous or broken, reckoned at the time of the effectively of R.A. 8972 on
September 22,2002 and regardless of employment status.
Shall be availed of every year but not convertible to cash and noncommutative.
Shall be availed of on staggered or continuous basis, subject to approval of the
head of agency/office. Application form shall be submitted at least one (1)
week prior to availment, except on emergency cases.
Parental leave may be availed of under the following circumstances:
-Attend to personal milestones of a child such as birthdays, first communion,
graduations and other similar events
-Perform parental obligations like enrollment, attendance in school programs,
PTA meetings and the like
-Attend to medical, social, spiritual, and recreational needs of the child; and
-Other similar circumstances, where physical presence of a parent is required
Changes in the status and family situation such as marriage no longer left alone
with the responsibility of parenthood shall lead to termination of parental
leave privileges. However , the termination shall be without prejudice to
reapplication should circumstances warrant.

ACT NCR & DEPED NCR C.N.A DOCUMENT


Head of agency/office may determine whether granting is proper or may
conduct investigation to ascertain if grounds for termination and withdrawal of
the privilege exist.
Ten-Day Leave (R.A. 9262)

As need arises

Who are Entitled to a Ten - Day Leave:


- The following shall be entitled to paid leave of absence not exceeding ten (10)
days except as provided under Section 13 of RA 9262
a. Any woman employee in the government service regardless of employment
status, who is a victim of violence as defined under Section 3 of the Act.

Rehabilitation Leave

As need arises

b. Any woman employee whose child is a victim of violence as defined herein


and whose age is below eighteen (18) or above eighteen (18) but unable to
take care of himself/herself
All personnel with permanent, temporary, casual or contractual appointments,
including those with fixed terms of office may avail themselves of
Rehabilitation Privilege during their employment with their agency and in
accordance with these guidelines. Consultants and those hired under contract
of service or Job Order cannot avail themselves of the privilege because they
are not government employees.
Officials and employees may be entitled to Rehabilitation Privilege for a
maximum period of six (6) months for wounds and/or injuries sustained while
in the performance of duties. The duration, frequency, and terms of availing of
the privilege shall be based on the recommendation of medical authority.
Hence, availing of the
* Illness or sickness resulting from or aggravated by working conditions or the
environment cannot be a basis for availing of the Rehabilitation
Privilege even if the same may be compensable under the law
and regulations of the Employees Compensation Commission (ECC).

Ten-Day Leave
Under R.A.
9262 (AntiViolence
Against
Women and
Their Children
Act of 2004)

Civil Service
Commission
(CSC) Resolution
No. 060621

ACT NCR & DEPED NCR C.N.A DOCUMENT


For availing oneself of Rehabilitation Privilege, performance of duty means
situations wherein the official or employee was already at work. The same
privilege may be extended to officials and employees in situations where the
official or employee meets an accident while engaged in activities inherent to
the performance of his/her duties, including being on Official Business outside
of his/her work station, Official Travel, authorized Overtime, Detail Order, and
Special Assignment Orders.
* Injuries from accidents that occurred while the official or employee was
going to work and going home from work are not considered sustained while in
the performance of official duties
Absence from work during the period of Rehabilitation Privilege shall not be
deducted from the accumulated sick or vacation leave credits of the official
or employee.
Officials and employees availing of the Rehabilitation Privilege shall receive
their salaries and regular benefits such as Personnel Economic Relief Assistance
(PERA), Additional Compensation (AdCom), year-end bonus, and cash gift
mandated by law.
Claimants of Rehabilitation Privilege benefits are entitled to reimbursement
by their agency for first - aid expenses, preferably in government
facilities.Reimbursement is subject to and shall not exceed P5,000.00 unless
the availability of funds expenditures beyond said amount are necessary as
certified by medical authorities.
Application for Rehabilitation Privilege shall be made Through a letter,
supported by relevant reports such as police report., if any, and medical
certificate on the nature of the Injuries, the course of treatment involved and
the need to undergo rest, recuperation, and rehabilitation, as the case Maybe

ACT NCR & DEPED NCR C.N.A DOCUMENT


Application should be made within one (1) week from the time Of the accident
except when a longer period is warranted. Applications may be made for the
injured official or employee By a member of his/her immediate family. Written
concurrence of a government physician should be Obtained relative to the
recommendation for rehabilitation If the attending physician is a private
practitioner, Particularly on the duration of the period of rehabilitation.
The agency head shall determine whether the injuries were incurred while in
the performance of duties.
The agency head shall be held liable and personally liable for any false or
fraudulent claims and irregular availing of the privilege

Relocation Leave

As need arises

Calamity Leave

As need arises

The agency head, through the agency medical staff and/or the HRMO, should
monitor monthly the medical status of the employee undergoing rehabilitation
Relocation leave refers to a special leave privilege granted official/employee
whenever he/she transfers residence.

Civil Service
Memorandum
(CSC)
Memorandum
Circular No. 41,
s. 1998
1. A five-day special emergency leave shall be granted to government Civil Service
Memorandum
employees directly affected by natural calamity/disaster.
(CSC)
2. The special emergency leave can be applied for five straight working days or Memorandum
on staggered basis and will not be deducted from the employees leave credits; Circular No. 41,
s. 1998
3. The purpose of the leave may be any of the following: for urgent repair and
clean-up of damage house, being stranded in affected areas, disease/illness of
employees brought by natural calamity/disaster, caring of immediate family
members affected by natural calamity/disaster;
4. The special emergency leave may be availed of by the affected government
employees within thirty days from the first day of calamity declaration by
proper government agencies/authorities.

ACT NCR & DEPED NCR C.N.A DOCUMENT


5.The special emergency leave may be availed of by the affected government
employees within thirty days from the first day of calamity declaration by
proper government agencies/authorities.
6. The head of office shall take full responsibility for the grant of special
emergency leave and verification of the employees eligibility to be granted
therefor. Said verification shall include validation pf place of residence based
on latest available records of the affected employee; verification that the place
of residence is covered in the declaration of calamity area by the proper
government agency; and such other proofs as necessary
Maternity and Paternity
Leave for Adoptive Parents

As need arises

1.Applications of Maternity and Paternity leave absence by adoptive parents


should be submitted to the proper head of department/agency/office for
appropriate action;
2. Applications for Maternity and Paternity leave absence bu aoptive parents
shoul be accompanied by an authenticated copy of the Adoptive Placement
Authority issued by the Department of Social Welfare and Development
(DSWD) if the leave of absence will be availed before the grant of the petition
for adoption.
3.If maternity and paternity leave benefits are availed after the grant of the
petition for adoption. The applications should be accompanied by
authenticated copiesof the Decree of Adoption issued by the property court;
4. The grant of the leave of absence under this Resolution shall be available to
adoptive parens only once during the whole adoption process, provided , the
adoptee or the adopted child is below seven (7) years ofage as of;
A). The date the child is placed with the adoptive parens through the Preadoptive Placement Authority; or
B). The date the application for maternity or paternity leave is made;
5. The applicable provision of Rule XVI of the Omnibus Rules Implementing
Book V of Executive Order No. 292 (CSC Memorandum Circular No. 41 Series of
1998) shall apply suppletorily without need of categorical mention.

Civil Service
Commission
(CSC) Resolution
No. 020515

ACT NCR & DEPED NCR C.N.A DOCUMENT


As need arises
Special Leave Benefits for
Women Under R.A. 9170
(An Act Providing for the
Magna Carta of Women

To Provide further guidelines on the availment of Special leave benefits for


qualified female public sector employees who have undergone surgery caused
bu gynecological disorders pursuant to the provisions and implementing rules
and regulations of the Magna Carta of Women.
To Ensure uniform interpretation and implementation of the grant of the
special leave benefits for women and ensure that the availment of the same
ultimately upholds the objectives of the Law.
Any female public sector employee, regardless of age and civil status shall be
entitled to a maximum of two months with full pay based on her gross monthly
compensation provided she has rendered atleast six (6) months aggregate
service in any or various government agencies forthe last twelve (12) months
prior to undergoing surgery for gynecological disorders.
The Special leave may be availed for every instance of gynecological disorder
requiring surgery for a maximum period of two (2) months per year.
Generally, availment of the said special leave benefits shall be in accordance
with the attached List of Surgical Operations for Gynecological Disorders
(Annex A), which reflects, among others, the estimated periods of recuperation
from surgery due to the specific gynecological disorder.
The said List of Surgical Operations for Gynecological Disorders reflects,
among others a classification of the Procedure based on the patient's
estimated period of recuperation, defined as follows:
Other Surgical Operations for Gynecological Disorders which are not found in
Annex A of this Guidelines may be allowed subject to certification of a
competent medical authority adn submission of other requirements provided
under item 3.1 hereof.

Civil Service
Commission
(CSC)
Memorandum
Circular No. 25,
s. 2010

ACT NCR & DEPED NCR C.N.A DOCUMENT


The earned leave credits may be used for preparatory procedures and/or
confinement prior to the surgery. Moreover, should the period of recuperation
after the surgery exceed two (2) months, the female official / employee may
use her earned sick leave credits for the same . if the sick leave credits have
been exhausted, the vacation leave credits may be used pursuant to Section 56
of the Omnibus rules on Leave.
This special leave benefit is non-cumulative and not convertible to cash.
The application for the special leave benefit shall be made through the Civil
Service form no. 6 (CS Form 6) signed by the employee and approved by the
proper signing authorities.
The CS Form 6 shall be accompanied by a medical certificate filled out by the
proper medical authorities, e.g the attending surgeon accompanied by a clinical
summary reflecting the gynecological disorder which shall be addresed or was
addressed by the said surgery; which shall be addressed; the histopathological
report ; the operative technique used for the surgery; the duration of the
surgery including the peri-operative period (period of confinement around
surgery); as well as the employees estimated period of recuperation for the
same.
The application for the special leave benefits may be applied for in advance,
that is, atleast five (5) days prior to the scheduled date of the gynecological
sugery that will be undergone by the employee. The rest of the requirements
specified im Item 3.2 shall be attached to the medical certificate upon the
employee's return to work under Item 3.5 of this Guidelines. The Advance
notice for taking such leave would give the proper authorities ample time and
means to prevent the disruption of the operations of the work unit during the
Absence of the employee and to address the exigency of services of the office.

In instances when a qualified female employee undergoes an emergency


surgical procedure, the said leave application shall be field immediately upon
the employee's sreturn from such leave also following the procedure set forth i
nItem 3.1 and 3.2 of this Guidelines.

ACT NCR & DEPED NCR C.N.A DOCUMENT


Upon the employee's return to work, she shall also present a medical
certificate signed by her attending surgeon that she is physically fit to assume
the duties of her position.
The Agency head shall endure that the aforecited guidelines are enforced in
one's agency as a mechanis, in order that female employees right to proper
reproductive health care ensured.
The agency head shall promote reproductive health care awareness and
welness program for its employees through proactive measure/s such as
conduct of annual physical/medical check-up , information campaign on
maintaining proper reproductive health care; issuance of health advisories;
distribution of educational reading materials and conduct of fora relative to the
same.
These Guidelines shall take effect retroactively starting September 15, 2009 or
fifteen (15) days after the publication of the Magna Carta ofWomen.
*Teachers who are designated to perform non-teaching functions and who render same hours of service as other employees shall be entitled to vacation and
sick
leave under Civil Service Commission (CSC) Memorandum Circular No. 41, s.
1998

ACT NCR & DEPED NCR C.N.A DOCUMENT

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