Orientation On The: Amendment To Omnibus Rules On Leave

CSC Webinar
Orientation on the
Amendment to Omnibus Rules on
Leave (CSC MC No. 41, s. 1998, as amended)
pursuant to CSC Resolution No. 2100020
dated 07 January 2021*
*Published in The Daily Tribune on 08 April 2021

o . 4 1 , s. 1 9 9 8 , as
o n L ea v e (C S C MC N
e n t to Om n ib us Rules
Amend m
amended)
Legal Bases
1987 Philippine  CSC as the central personnel agency of
Constitution the Government –
 empowered to prescribe, amend and enforce

rules and regulations for carrying into effect
Executive Order No. 292 Civil Service Law, and other pertinent laws
(Administrative Code of 1987)
 Promulgate policies, standards and
guidelines for the Civil Service
Omnibus Rules Implementing
 Render opinion and rulings on all personnel
Book V of E.O. No. 292 and all Civil Service matters
(Rule I & XVI)
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Legal Bases
Omnibus Rules on Leave of Absence
(Rule XVI of the Omnibus Rules
Implementing Book V of E.O. No. 292, as amended)
Maternity Leave - R.A. No. 11210 and its IRR

Sections 11 – 18 (Expanded Maternity Leave Law)
Paternity Leave - R.A. No. 8187

Section 19 (Paternity Leave Act of 1996)
Adoption Leave - R.A. No. 8552 and its IRR
- (Domestic Adoption Act of 1998)
Section 20
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Legal Bases
Issued by the CSC,

Department of Labor and
Employment (DOLE), and
Social Security System (SSS)
on 01 May 2019 (Labor Day)
in Pampanga
The signing of the
IRR of R.A. No. 11210
(Expanded Maternity Leave Law)
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Scope and Coverage
All government agencies and instrumentalities,

namely:
 Constitutional Bodies
 Departments, Bureaus, and Agencies of
the National Government
 Government-Owned or Controlled
Corporations (GOCCs) with Original Charter
 Local Government Units (LGUs), and
All appointive officials and employees in the  State Universities and Colleges (SUCs)
career and non-career service, including local
elective officials.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Scope and Coverage

Maternity Leave Female employees regardless of
civil status, employment status,
length of service, legitimacy of
the child, and manner of child
delivery.
 may include the availment of the

child’s father or alternate caregiver
who are working either in the public
or private sector.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Scope and Coverage

Paternity Leave
Married male employees for

the first four (4) child
deliveries of the legitimate
spouse/wife.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Scope and Coverage

Adoption Leave
Qualified male and female

employees as determined by
the Department of Social
Welfare and Development
(DSWD).
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule I
Definition of Terms Pregnancy refers to the
period from the conception
up to the time before actual
delivery or birth of a child,
miscarriage or emergency
termination of pregnancy.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule I Maternity leave refers to the leave

of absence for pregnant female
Definition of Terms government employees for one
hundred five (105) days** with full
pay, to provide them with ample
transition time to regain health and
overall wellness as well as assume
maternal roles before resuming paid
work.
**for live childbirth or sixty (60) days for
miscarriage or emergency termination of
pregnancy including stillbirth.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule I
Definition of Terms Paternity Leave refers to the leave
of absence for married male
government employees for seven (7)
days with full pay, to enable them to
lend care and support to their legal
spouses before, during and after
childbirth as the case may be and
assist in rearing of the newborn child.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule I
Additional maternity leave
Definition of Terms
benefits refers to the additional
maternity leave benefit of 15 days
with full pay on top of the 105-day
maternity leave benefit for a
female employee who qualifies as
solo parent under the Solo
Parents’ Welfare Act of 2000.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule I
Extended maternity leave refers
Definition of Terms to the additional maternity leave of up to
thirty (30) days without pay, or with pay
charged against sick or vacation leave
credits, which the female employee may
avail of in case of live childbirth to
extend the one hundred five (105)-day
expanded maternity leave, provided that
a written notice is submitted to the
agency head at least forty-five (45) days
before the end of maternity leave
whenever applicable.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule I
Allocation of maternity leave
Definition of Terms credits refers to the option of
female employee to allocate a
maximum of seven (7) days of the
one hundred five (105)-day
expanded maternity leave to the
child’s father or, in case of his
death, absence or incapacity, to an
alternate caregiver.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule I
Definition of Terms Pre-natal care refers to the
portion of the maternity leave of not
more than forty-five (45) calendar
days prior to delivery when female
worker may be placed on full bed
rest or bed rest throughout most of
her pregnancy if she has a high-risk
pregnancy.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule I
Definition of Terms Post-natal care refers to the
portion of the maternity leave of
not less than sixty (60) calendar
days after delivery to allow the
female worker to rest and
recuperate from child delivery as
well as to provide her an
opportunity to breastfeed and
bond with her newborn child.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule I
Definition of Terms Permanent incapacity refers to
complete physical, mental or
psychological deficiency,
disability or illness which renders
a parent incapable of complying
with parental obligations, as
certified by a competent medical
practitioner.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule I
Definition of Terms
Adoption leave refers to leave
of absence granted to a
government employee (adoptive
parent) to provide an opportunity
to develop bonding with the
adoptee who is below seven (7)
years of age.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule I
Adoptive parent/adopter
Definition of Terms
refers to a male or female
government employee who is
qualified to adopt under Section 7
of the Domestic Adoption Act of
1998, who shall undergo
supervised trial custody and/or
has obtained a decree of
adoption from the court.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule I
Pre-Adoptive Placement Authority
Definition of Terms (PAPA) refers to the notice of
approval from the Regional Director
of the Department of Social Welfare
and Development (DSWD) on the
placement of the adoptee to the
prospective adoptive parents from
which the supervised trial custody
shall commence. (Sections 22 and 23, Article
V, IRR of R.A. No. 8552)
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule I
Government employee refers to a
Definition of Terms person in government service who,
in accordance with existing laws,
rules and regulations, hold public
office by virtue of an appointment
issued by the proper appointing
officer/authority or by way of
election in NGAs, LGUs, GOCCs with
original charters, SUCs, or LUCs.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule I
Definition of Terms
Employment status refers to
the status of appointment. It may
be permanent, temporary,
provisional, coterminous, fixed
term, substitute, casual or
contractual.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
POLL QUESTION 1:
Casual employees are paid on a daily-wage

basis. They are not entitled to the expanded
maternity leave granted under RA No. 11210.
True or False.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
ANSWER:
False.
Casual female government employees (with

CSC attested/approved appointments) are
entitled to the expanded maternity leave under
RA No. 11210.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended) Maternity Leave
New Old
Sec. 11. Grant of Maternity Leave. - Every Sec. 11. Conditions for the grant of maternity leave.
female employee in the government service, - Every woman in the government service who have
regardless of her civil status, employment rendered an aggregate of two (2) or more years of
status, length of service and legitimacy of the service, shall, in addition to the vacation and sick
leave granted to her, shall, in addition to the vacation
child, in addition to her vacation and sick and sick leave granted to her, be entitled to
leave credits earned, shall be granted one maternity leave of sixty (60) calendar days with full
hundred five (105) days maternity leave pay.
with full pay for live childbirth regardless of
the mode of delivery, whether normal or xxx
caesarian.
Maternity leave of those who have rendered one (1)
For cases of miscarriage or emergency year or more but less than two (2) years of service
termination of pregnancy, maternity leave shall be computed in proportion to their length of
of sixty (60) days with full pay shall be service, provided, that those who have served for
than one (1) year shall be entitled to 60-days
granted. maternity leave with half pay.
o . 4 1 , s. 1 9 9 8 , as
Amend m
New Old
Sec. 11. Grant of Maternity Leave. Sec. 11. Conditions for the grant of maternity leave.
x x x
x x x
Maternity leave of those who have rendered one (1)

year or more but less than two (2) years of service
shall be computed in proportion to their length of
service, provided, that those who have served for
than one (1) year shall be entitled to 60-days
maternity leave with half pay.
Sec. 18. Maternity leave of contractual employees.

– married contractual employees whether or not
receiving 20% premium on their salary shall be
entitled to maternity leave benefits like regular
employees in accordance with the provisions of
Section 11 hereof.
o . 4 1 , s. 1 9 9 8 , as
Amend m
New Old
Sec. 11. Grant of Maternity Leave. Sec. 11. Conditions for the grant of maternity leave. -
x x x
xxx
The female employee shall give prior notice to
the authorized officer of her agency of her
pregnancy and her availment of maternity leave No Provision
at least thirty (30) days in advance, whenever
possible, specifying the effectivity of the leave.
Civil Service (CS) Form No. 6, Revised 2020, shall
be used in filing maternity leave application with
medical certificate.
In case the female employee qualifies as a solo

parent under R.A. No. 8972 or the “Solo Parents’ No Provision
Welfare Act of 2000”, she shall be granted an
additional maternity leave of fifteen (15) days
with full pay.
o . 4 1 , s. 1 9 9 8 , as
Amend m
New Old
Sec. 11. Grant of Maternity Leave. Sec. 11. Conditions for the grant of maternity leave.
x x x
x x x
Female teachers may also avail of the
In the case of those in the teaching profession,
maternity leave benefits even during long maternity benefits can be availed of even if the
vacations, i.e., summer and Christmas period of delivery occurs during long vacation, in
vacations, in which case, both the maternity which case, both the maternity benefits and the
leave benefits and the proportional vacation proportional vacation pay shall be received by the
pay (PVP) shall be granted. teacher concerned.
o . 4 1 , s. 1 9 9 8 , as
Amend m
New Old
Sec. 11. Grant of Maternity Leave. Sec. 14. Married women may go on maternity leave
x x x for less than sixty (60) days. – When an employee
wants to reports back to duty before the expiration
Maternity leave shall be non-cumulative of her maternity leave, she may be allowed to do so
and non-commutative (non-convertible to provided she presents a medical certificate that she
is physically fit to assume the duties of her position.
cash). The enjoyment of maternity leave
cannot be deferred but part of it may be The commuted money value of the unexpired
availed of on or before the actual date of portion of the leave need not be refunded and that
delivery in a continuous and uninterrupted when the employee returns to work before the
manner. expiration of her maternity leave, she may receive
both the benefits granted under the maternity leave
law and the salary for actual services rendered
effective the day she reports for work.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
• 105 days for live childbirth
Sec. 11 Grant of Maternity
Leave
• Additional 15 days for solo parents
qualified under RA No. 8972
• 60 days for miscarriage, emergency

termination of pregnancy (ETP)
including stillbirth
• CS Form No. 6, Revised 2020 shall

be used
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 11 Grant of Maternity • Non-cumulative (can not be
Leave accumulated) and non-
commutative (non-convertible
to cash)
• ML cannot be deferred, but part

of it may be availed on or before
the actual delivery in a
continuous and uninterrupted
manner.
o . 4 1 , s. 1 9 9 8 , as
Amend m
New Old
Sec. 12. Extended Maternity Leave. – In case of live
childbirth, the female worker has the option to extend
her maternity leave for an additional thirty (30) days No provision
without pay, or use her earned sick leave credits for
extended leave with pay. In case the sick leave credits
are exhausted, the vacation leave credits may be used.
Due notice must be in writing and must be submitted to
the authorized officer of her agency or the authorized
official at least forty-five (45) days before the end of the
female worker’s maternity leave. However, no prior
notice shall be necessary in the event of a medical
emergency but subsequent notice shall be given to the
authorized official.
The above period of extended maternity leave without
pay shall not be considered as gap in the service.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 12 Extended Maternity • An option to extend the 105
Leave (NEW) days ML for live childbirth for
up to 30 days with or without
pay.
• If with pay – charge to Sick Leave

(SL) credits or to Vacation Leave
(VL) if SL is exhausted.
• If without pay – Not considered a

gap in the service.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 12 Extended Maternity
Leave (NEW) • Submit application at least forty-five
(45) days before the end of the 105-
day ML (Due notice in writing)
• Prior notice is not required for

medical emergency cases, but
subsequent notice shall be given to
the authorized official
o . 4 1 , s. 1 9 9 8 , as
Amend m
New Old
Sec. 13. Frequency of the Grant of Sec. 13. A married woman may be granted
Maternity Leave. - Maternity leave shall be maternity leave more than once a year. –
granted to a female employee in every Maternity leave shall be granted to female
instance of pregnancy, regardless of married employees in every instance of
frequency. (modified) pregnancy irrespective of its frequency.
In case of overlapping benefit claims, the

female employee shall be granted maternity No Provision
benefits for the two contingencies in a
consecutive manner.
The female employee shall be paid only one

maternity leave benefit, regardless of the No Provision
number offspring, per childbirth/delivery.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI • Granted for every instance of

Sec. 13 Frequency of the pregnancy, regardless of frequency
Grant of Maternity Leave
• In case of overlapping benefit claims,
the female employee shall be granted
maternity benefits for the two
contingencies in a consecutive
manner.
• Shall be paid only one ML benefit,

regardless of the number of offspring,
per child birth/delivery.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 14 Tenure of Female Employee
• The availment of maternity leave
Availing the Expanded Maternity
Leave (NEW) shall not be used as basis for the
diminution or reduction in rank,
status or salary of the female
employee or termination of her
employment.
(Security of tenure and

non-discrimination clause)
o . 4 1 , s. 1 9 9 8 , as
Amend m
New Old
Sec. 15. Maternity Leave After Termination of Sec. 15. Maternity leave with pay may be
Employment. – Maternity leave with full pay granted even if delivery occurs just a few days
shall be granted even if the childbirth, after the termination of employee’s service. –
miscarriage or emergency termination of Maternity leave with pay may be granted even
pregnancy occurs not more than fifteen (15) if the delivery occurs not more than 15
calendar days after the termination of calendars after the termination of employee’s
employee’s service as her right thereto has service as her right thereto has already accrued.
already accrued. (Modified)
However, in case of illegal termination of

employment, the prescriptive period of fifteen
(15) calendar days shall not apply and the
female employee shall be paid, based on her No provision
salary, the full amount of the one hundred five
(105) days maternity leave for live childbirth or
sixty (60) days for miscarriage or emergency
termination of pregnancy, as the case may be.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 15 Maternity Leave After o ML with full pay if the childbirth,
Termination of Employment miscarriage or emergency
termination of pregnancy occurs not
more than fifteen (15) calendar days
after the termination of employee’s
service.
o In case of illegal termination of

employment, the prescriptive period
of fifteen (15) calendar days shall not
apply.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 15 Maternity Leave After Q: My contract ended on 05 Nov.
Termination of Employment
2020. My estimated date of
delivery is on 20 Nov. 2020. Am I
entitled to ML?
A: Yes. You are entitled to 105 days

ML with full pay provided that
live childbirth occurred within the
period of 06 to 20 Nov. 2020.
o . 4 1 , s. 1 9 9 8 , as
Amend m
New Old
Sec. 16. Maternity Leave of Employee with Sec. 17. Maternity leave of employee
Pending Administrative Case. – Maternity with pending administrative case. –
leave benefits shall be enjoyed by the
female employee even if she has a pending Every woman employee is entitled to
administrative case. (Modified) maternity leave of absence with pay
even if she has a pending administrative
case.
Pending administrative case refers to a
period while the case is pending investigation
and resolution. It includes the period of No Provision
preventive suspension and pending appeal
with the Civil Service Commission.
o . 4 1 , s. 1 9 9 8 , as
Amend m
New Old
Sec. 16. Maternity Leave of Employee with Sec. 17. Maternity leave of employee
Pending Administrative Case.
x x x with pending administrative case. –
x x x
In case the female employee delivers a child while
under preventive suspension or serving the
penalty of suspension, she will be allowed to
enjoy the maternity leave from the date of
delivery, miscarriage or emergency termination of
pregnancy until the full enjoyment of the said
leave. In such case, she shall be required to serve No provision
the unexpired portion of her suspension.
However, a female employee who delivers a child

after a decision in an administrative case, finding
her guilty with a penalty of dismissal from the
service, became final and executory shall not be
entitled to maternity leave.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 16. Maternity Leave of
Employee with Pending
Administrative Case Maternity leave benefits shall be
enjoyed by the female employee
even if she has a pending
administrative case.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 16. Maternity Leave of For female employee under
Employee with Pending preventive suspension or serving the
Administrative Case
penalty of suspension:
• She will be allowed to enjoy ML
• She shall be required to serve the

unexpired portion of her
suspension after ML
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Employee with Pending • She cannot enjoy ML if during
Administrative Case childbirth, miscarriage or early
termination of pregnancy a
decision in an administrative
case found her guilty with a
penalty of dismissal from the
service has become final and
executory.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Availment of Expanded Maternity Leave

Benefits
Pending Preventive
investigation suspension
and case Pending on Suspension Dismissal
resolution Appeal
PENDING ADMINISTRATIVE CASE FINAL AND EXECUTORY DECISION

o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI Q: Ivana was dismissed from the

service due to a disciplinary
Employee with Pending
Administrative Case case. She gave birth within 15
days from the promulgation of
the decision. Is she entitled to
ML?
A: Yes, because the decision is

not yet final and executory.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
POLL QUESTION 2:
Can the child’s father enjoy the

unexpired portion of maternity leave of
the female employee in case of her
death or permanent incapacity?
Yes or No.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
ANSWER:
Yes.
The balance of the maternity leave of the

female employee shall accrue to the child’s
father.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
New Old
Sec. 17. Allocation of Maternity Leave Credits. – A female employee
may avail of the option to allocate up to seven (7) days of her
maternity leave to the child’s father, whether or not she is married to
him. The allocated leave is over and above the seven (7)-day
paternity leave benefit under R.A. No. 8187 or the “Paternity Leave
Act of 1996”.
In case of death, absence or incapacity of the child’s father, the No provision

female employee may allocate to an alternate caregiver who may be
a relative within the fourth degree of consanguinity or current
partner sharing the same household, taking into account the best
interest of the child.
The allocated leave may be enjoyed by the child’s father or the

alternate caregiver either in a continuous or in an intermittent
manner not later than the period of the maternity leave availed of.
The allocation of maternity leave shall only be available to the child’s

father or alternate caregiver who are employed either in the public or
private sector.
The option to allocate is not applicable to maternity leave in cases of

miscarriage and emergency termination of pregnancy.
C No . 4 1 , s. 1998, as
R u les on Lea ve (CSC M
m en d me nt to Omnibus
A
amended)
New Old
Sec. 17. Allocation of Maternity Leave Credits. x x x
Civil Service (CS) Form No. 6a, s. 2020 shall be used as notice of
allocation of maternity leave and shall be submitted to the authorized
officer of the agency with the filled out Application for Leave form (CS
Form No. 6, Revised 2020) and proof of relationship.
In the event the female employee dies or is permanently

incapacitated, the balance of her maternity leave benefits, if
any, shall accrue to the child’s father or the alternate
No provision
caregiver, subject to the following conditions:
(a) That the maternity leave benefits have not yet been commuted to
cash; and
(b) That a certified true copy of the death certificate or medical

certificate or abstract are presented to the agencies/employers of
both the female employee and child’s father or alternate caregiver.
In case full pay has been given to the female employee, the child’s
father or alternate caregiver, as the case may be, shall only be
excused from work (leave without pay). Such leave without pay by
the child’s father or alternate caregiver shall not be considered as a
gap in the service.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 17. Allocation of Maternity • A female employee has the option to
Leave Credits (NEW) allocate up to seven (7) days of her
maternity leave to the child’s father,
whether she is married to him or not.
• The allocated ML leave is over and

above the seven (7)-day paternity
Employee
leave benefit under R.A. No. 8187 or
the “Paternity Leave Act of 1996.”
Child’s
father
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI Alternate caregiver:

Sec. 17. Allocation of Maternity • May be allocated by the female
Leave Credits (NEW)
employee 7 days ML, in case of
death, absence or incapacity of the
child’s father.
Employee • A relative within the fourth degree of

consanguinity or current partner
Child’s father sharing the same household, taking
into account the best interest of the
Alternate
child.
caregiver
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 17. Allocation of Maternity
Leave Credits (NEW)
• The allocated leave may be
enjoyed by the child’s father or
the alternate caregiver either in a
continuous or in an intermittent
manner not later than the period
of the maternity leave availed of.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Leave Credits (NEW)
• Allocation is available to the
child’s father or alternate
caregiver who are employed
either in the public or private
sector.
• Inter-sector allocation is allowed

under IRR of R.A. No. 11210
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 17. Allocation of Maternity In case full pay has been given to the
Leave Credits (NEW) female employee:
• The child’s father or alternate caregiver,

as the case may be, shall only be
excused from work (leave without
pay).
• Such leave without pay by the child’s

father or alternate caregiver shall not be
considered as a gap in the service.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
105 – 7 Father
Female (7 days
max. =
employe
A
leave with
98 days
e files ML full pay
ML from his
applicati
(due/paid agency/em
on ) ployer)
Female -105 days Father/

employe w/ full pay Alternate
B
-Later Caregiver
e files
allocates 7 - Excused
ML days Absence (7
applicati (max), days
on unenjoyed LWOP)
C N o . 4 1 , s. 1 99 8 , a s
les o n L ea v e (C S C M
t o Omnibus R u
Am en d men t
amended)
Rule XVI
Leave Credits (NEW)
• The option to allocate is not
applicable to maternity leave in
cases of miscarriage and
emergency termination of
pregnancy (ETP)*.
*includes stillbirth
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Leave Credits (NEW)
• CS Form No. 6a, s. 2020 shall
be used for application of leave.
• SSS Form shall be used if the

female worker is employed in the
private sector.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Leave Credits (NEW)
In case of death or permanent
incapacity of the female
employee:
Employee
1. Balance of ML benefits shall
Child’s father accrue to the child’s father/
Alternate
caregiver
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Conditions of accrual:
Leave Credits (NEW)
1. ML benefits have not yet been
commuted to cash.
2. A certified true copy of the death

certificate or medical certificate or
abstract are presented to the
agencies/employers of both the female
employee and child’s father or
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 17. Allocation of Maternity In case ML benefits have already
Leave Credits (NEW) been paid to the female employee:
- The unexpired ML credits given to

the child’s father/alternate
Employee
caregiver; only as excused absence
from work (LWOP).
Child’s father
 Such LWOP shall not be

Alternate
caregiver
considered a gap in the service
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
New Old
Sec. 18. Dispute Resolution. – Any dispute,
controversy or claim arising out of or relating
to the payment of maternity leave with full
pay shall be filed by the concerned female
employee initially to the head of agency and No provision
may be appealed to the Civil Service
Commission (CSC) Regional Office having
jurisdiction over the agency, and to the
Commission Proper, respectively. The agency
shall not hold or delay the payment of full
pay to the female employee pending the
resolution of the dispute, controversy or
claim.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 18. Dispute Resolution For dispute, controversy or claim re:
(NEW) payment of ML with full pay:
1. Initially file to the head of agency;

2. If aggrieved with decision of the head
of agency, female worker concerned
may file an appeal to:
a. CSC Regional Office having
jurisdiction over the agency;
b. If not satisfied with RO decision, she may
file an appeal to the Commission Proper.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 18. Dispute Resolution
Agency CSC RO CSC CO
NOTE: Pending the resolution of the dispute, controversy or

claim, the agency shall not hold or delay the payment
of full pay to the female employee concerned.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
POLL QUESTION 3:
A male employee who is already entitled
to paternity leave cannot enjoy allocated
maternity leave and vice versa.
True or False.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
ANSWER:
False. 7
days
Pate
rnity
Leav
e
The allocated leave 7
benefit under R.A. No. d

14
a
11210 is over and y
s
days
above the paternity a

l
leave benefit under l
o
R.A. No. 8187. c
a
t
e
d
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
New Old
Sec. 19. Grant of Paternity Leave. – Every married male Sec. 19. Conditions for the grant of paternity
employee in the government service shall be entitled to leave. – Every married male employee is entitled to
paternity leave of seven (7) working days with full pay for the paternity leave of seven (7) working days for the first
first four (4) deliveries, whether childbirth or miscarriage, of four (4) deliveries of his legitimate spouse with whom
his legitimate spouse with whom he is cohabiting. he is cohabiting.
(Modified)
The first of the 4 deliveries shall be reckoned from the
The first of the four (4) deliveries shall be reckoned from the effectivity of the Paternity Leave Act on July 16, 1996.
effectivity of the Paternity Leave Act on July 15, 1996.
Married male employee with more than one (1) legal
A male employee with more than one (1) legal spouse shall spouse shall be entitled to avail of paternity leave for an
be entitled to avail of paternity leave for an absolute absolute maximum of four deliveries regardless of
maximum of four (4) deliveries regardless of whoever among whichever spouse gives birth.
his spouses deliver.
Sec. 20. Paternity leave – non-cumulative/non-
Paternity leave of seven (7) days shall be non-cumulative commutative – Paternity leave of seven (7) days shall
and strictly non-convertible to cash. The same may be be non-cumulative and strictly non-convertible to cash.
enjoyed either in a continuous or in an intermittent manner The same may be enjoyed in a continuous or in an
by the employee on the days immediately before, during and intermittent manner by the employee on the days
after the delivery of his legitimate spouse, but not later than immediately before, during and after the childbirth or
the period of the maternity leave availed of by the spouse. miscarriage of his legitimate spouse.
(Modified)
C No . 4 1 , s. 1998, as
A
amended)
New Old
Sec. 19. Grant of Paternity Leave.
x x x
A married male employee shall be entitled to paternity
leave by accomplishing and filing the Application for
Leave form (CS Form No. 6, Revised 2020) within
reasonable period, e.g., one (1) week, prior to the No Provision
expected delivery except in cases of miscarriage and
abnormal deliveries. Approval of the leave application
shall be mandatory on the part of the approving
authority unless the services of the male employee are
urgently needed to preserve life and property in which
case the male employee shall be entitled to overtime
pay.
Any employee who has availed of the paternity leave
may be required to furnish his office a certified true copy No Provision
of his marriage contract, birth certificate of the newborn
child, medical certificate with pathology report in case of
miscarriage duly signed by the attending physician or
midwife showing the actual date of delivery.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI Married male employee is entitled to

Sec. 19. Grant of Paternity Leave
paternity leave of seven (7) working
days with full pay:
• for the first four (4) deliveries

(reckoned from 15 July 1996);
• whether childbirth or miscarriage.
• of his legitimate spouse with whom

he is cohabiting.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 19. Grant of Paternity Leave Characteristics of Paternity Leave
• Non-cumulative and strictly non-convertible

to cash;
• May be enjoyed either in a continuous or
in an intermittent manner;
• May be enjoyed on the days immediately
before, during and after the delivery of his
legitimate spouse
• BUT not later than the period of
spouse’s ML
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 19. Grant of Paternity Leave Form to be used:
 CS Form No. 6, Revised 2020

for application
• To be filed within reasonable

period, e.g. a week prior to
spouse’s EDD (except miscarriage
and abnormal deliveries)
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 19. Grant of Paternity Leave
• Approval of Paternity Leave
application is mandatory
• Unless his services are urgently

needed to preserve life and
property, in which case the male
employee shall be entitled to
overtime pay.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI Documentary requirements

Sec. 19. Grant of Paternity Leave (Certified true copies):
• Marriage contract
• Birth certificate of the newborn child
• Medical certificate with pathology
report in case of miscarriage duly
signed by the attending physician or
midwife showing the actual date of
delivery.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
POLL QUESTION 4:
Is there an age limit to the adoptee for

the enjoyment of adoption leave?
Yes or No.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
ANSWER:
Yes.
The adoptee should be below seven (7) years

of age as of placement.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
New Old
Sec. 20. Grant of Adoption Leave. – A female government
employee, regardless of her civil status and employment
status, and length of service who qualifies as an adoptive
parent under R.A. No. 8552 or the “Domestic Adoption Act of
1998” and whose prospective adoptee is below seven (7) years
of age as of placement, shall be qualified to avail adoption
leave of sixty (60) days with full pay, which leave shall be
enjoyed in a continuous and uninterrupted manner. If she is
married, her legitimate spouse (government employee) can No provision
avail of adoption leave of seven (7) days with full pay which
shall be enjoyed in a continuous or in an intermittent manner.
A single male government employee, regardless of
employment status and length of service who qualifies as an
adoptive parent under R.A. No. 8552 and whose adoptee is
below seven (7) years of age as of placement, shall be entitled
to adoption leave of sixty (60) days with full pay, which leave
shall be enjoyed in a continuous and uninterrupted manner.
The same privilege may also be enjoyed by a married male
employee with an unemployed (wife) spouse.
C No . 4 1 , s. 1998, as
A
amended)
New Old
Sec. 20. Grant of Adoption Leave. xx x
Adoption leave shall provide an opportunity for the

prospective adoptee and the adoptive parent/s to
develop bonding similar to that between a child and
his/her biological parents.
Application for adoption leave shall be filed using Civil

Service (CS) Form No. 6, Revised 2020, and accompanied
by an authenticated copy of the Pre-Adoptive Placement
No provision
Authority issued by the Department of Social Welfare
and Development (DSWD), if the leave will be availed of
before the grant of petition for adoption.
If adoption leave is availed after the grant of the petition

for adoption, the application for leave shall be
accompanied by the authenticated copies of the Decree
of Adoption issued by the proper court.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 20. Grant of Adoption Leave
• Governed by R.A. No. 8552 and
its IRR (Domestic Adoption Act of 1998)
• Adoptee is below seven (7) years

of age as of placement.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Adoption leave shall provide an
opportunity for the prospective
adoptee and the adoptive parent/s
to develop bonding similar to that
between a child and his/her
biological parents.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 20. Grant of Adoption Leave Requirements:
• Civil Service (CS) Form No. 6, Revised

2020
• Authenticated copy of the Pre-Adoptive

Placement Authority issued by the
Department of Social Welfare and
Development (DSWD), if the leave will be
availed of before the grant of petition for
adoption.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
If adoption leave is availed after
the grant of the petition for
adoption, the application for leave
shall be accompanied by the
authenticated copies of the
Decree of Adoption issued by the
proper court.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 20. Grant of Adoption Leave Female employee:
• 60 days with full pay
• Enjoy in a continuous and

uninterrupted manner.
• Regardless of civil status,

employment status and length of
service.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Female employee:
If married, her legitimate spouse

can avail the adoption leave:
• 7 days PL with full pay
• Enjoy in a continuous or in an
intermittent manner.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Rule XVI
Sec. 20. Grant of Adoption Leave Single male employee/Married male
employee with unemployed wife**:
• Adoption leave of 60 days with full pay.
• Enjoy in a continuous and uninterrupted

manner.
• Regardless of employment status and

length of service.
**Who qualified as an adoptive parent under RA 8552

o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Female employee Male

60 days
Single male government
employee employee with
legitimate
spouse (working in 7 days
Male employee with government) (R.A.
unemployed No.
legitimate spouse 8187)
Adoption Leave
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
POLL QUESTION 5:
Preggy gave a live childbirth on 05 April 2019. She
was only granted 60 days maternity leave.
Can she claim the remaining 45 days of her 105

days maternity leave?
Yes or No.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
ANSWER:
YES.
Preggy can resume enjoying the remaining 45 days of her

maternity leave. She is entitled to 105 days maternity leave
with full pay since she gave live childbirth on 05 April 2019
when R.A. No. 11210 has already taken effect (11 March 2019).
This is in consonance with the social justice principle that the

maternity leave law, being a social legislation, should be
accorded liberal interpretation in favor of those whom the law
intends to be benefitted.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Transitory Provision
Qualified female employees who gave
live childbirth or suffered miscarriage
and emergency termination of
pregnancy upon the effectivity of R.A.
No. 11210 on 11 March 2019 but were
only granted less than what is
stipulated under the new law, shall be
entitled to 105 days or 60 days with
full pay, as the case may be. (Item 2 of
CSC Resolution No. 2100020 dated 07 January
2021)
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
• They may resume their
remaining maternity leave and
receive unpaid maternity leave
benefits due them
• Notify their agency/office

heads in writing using the
Application for Leave form
(CS Form No. 6, Revised
2020).
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Female employees whose sick or
vacation leave credits were
deducted following the application
of the old maternity leave law, rules
and regulations, shall be entitled to
restoration of the same.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
New Leave Forms • CS Form No. 6, Revised 2020:
o Application for Leave

- all kinds of leave
• CS Form No. 6a, s. 2020:
o Notice of Allocation of
Maternity Leave
• Discontinuation of the use of CS

Form No. 41 (Medical Certificate Form for
leave)
AVAILMENT OF MATERNITY LEAVE BENEFIT
FEMALE WORKER
ALTERNATE
CHILD’S FATHER
CAREGIVER
LIVEBIRTH MISCARRIAGE
105 days 60 days (If legitimate spouse,
entitled to 7 days PL)
Additional MLB
15 days Not Applicable Not Applicable Not Applicable
(solo parent)
30 days w/o pay
(option to extend) Not Applicable Not Applicable Not Applicable
 With pay, chargeable
to her sick leave leave
or vacation lave)
ALLOCATION OF MATERNITY LEAVE CREDITS
Female Worker Child’s Father Alternate Caregiver

Allocation of MLC No. of days allocated No. of days allocated
(7 days maximum)
 105 days fully paid in  Excused absence
advance (LWOP) same as child’s father
 Not considered gap in
service
• Fully paid less no. of  Leave with pay same as child’s father
(to be paid by his
days allocated
agency)
ACCRUAL OF MATERNITY LEAVE CREDITS
(in case of death or permanent incapacity of the female worker)
Particulars Child’s Father Alternate Caregiver

Balance of ML benefits
• 105 days ML benefits not enjoyed by the
already paid full female worker same as child’s father
 Excused absence
(LWOP)
 Not considered gap in
service
• ML benefits not yet  Leave with pay
commuted (paid thru same as child’s father
(to be paid by his agency)
payroll)
ADOPTION LEAVE
Working Spouses
Married Male with
Particulars Non-Working Single Male
F M Spouse
Same benefit of 60 CD 7 WD 60 CD 60 CD
biological
parents
C No . 4 1 , s. 1998, as
A
amended)
Effectivity
of
CSC Resolution No. 2100020 24 April 2021
(After fifteen (15) days from its newspaper
publication in the Daily Tribune)
PROVIDED that the amendment to the rules on

maternity shall apply to female employees who
gave live birth, suffered miscarriage or
emergency termination from the effectivity of
R.A. No. 11210 on 11 March 2019.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
PENALTIES  Fine - 20,000.00 to 200,000.00

pesos, and
Failure or refusal to comply Imprisonment - 6 years and 1 day
with the provisions of to 12 years or
R.A. No. 11210 (Sec. 1, Rule X BOTH
of the IRR implementing RA No.
11210)  If the act or omission is committed by an
association, partnership, corporation or any
other institution, its managing head, directors
or partners shall be held liable to the penalties
provided under R.A. No. 11210.
o . 4 1 , s. 1 9 9 8 , as
Amend m
amended)
Attention:
The Answers to Frequently Asked

Questions (FAQs) on R.A. No. 11210 is
available on the CSC Website:
http://www.csc.gov.ph/2014-02-21-08-28-23/pdf-files/
category/1645-irrra11210.html
THANK YOU
and
STAY SAFE!
Atty. RODOLFO B. ENCAJONADO
Assistant Commissioner
Civil Service Commission

Orientation On The: Amendment To Omnibus Rules On Leave

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Orientation On The: Amendment To Omnibus Rules On Leave

Uploaded by

Copyright:

Available Formats

CSC Webinar

*Published in The Daily Tribune on 08 April 2021

 empowered to prescribe, amend and enforce

Maternity Leave - R.A. No. 11210 and its IRR

Paternity Leave - R.A. No. 8187

Issued by the CSC,

Scope and Coverage

All government agencies and instrumentalities,

Scope and Coverage

 may include the availment of the

Scope and Coverage

Married male employees for

Scope and Coverage

Qualified male and female

Rule I Maternity leave refers to the leave

Casual employees are paid on a daily-wage

Casual female government employees (with

Maternity leave of those who have rendered one (1)

Sec. 18. Maternity leave of contractual employees.

In case the female employee qualifies as a solo

• 60 days for miscarriage, emergency

• CS Form No. 6, Revised 2020 shall

• ML cannot be deferred, but part

• If with pay – charge to Sick Leave

• If without pay – Not considered a

• Prior notice is not required for

In case of overlapping benefit claims, the

The female employee shall be paid only one

Rule XVI • Granted for every instance of

• Shall be paid only one ML benefit,

(Security of tenure and

However, in case of illegal termination of

o In case of illegal termination of

A: Yes. You are entitled to 105 days

However, a female employee who delivers a child

• She will be allowed to enjoy ML

• She shall be required to serve the

Availment of Expanded Maternity Leave

PENDING ADMINISTRATIVE CASE FINAL AND EXECUTORY DECISION

Rule XVI Q: Ivana was dismissed from the

A: Yes, because the decision is

Can the child’s father enjoy the

The balance of the maternity leave of the

In case of death, absence or incapacity of the child’s father, the No provision

The allocated leave may be enjoyed by the child’s father or the

The allocation of maternity leave shall only be available to the child’s

The option to allocate is not applicable to maternity leave in cases of

In the event the female employee dies or is permanently

(b) That a certified true copy of the death certificate or medical

• The allocated ML leave is over and

Rule XVI Alternate caregiver:

Employee • A relative within the fourth degree of

• Inter-sector allocation is allowed

• The child’s father or alternate caregiver,

• Such leave without pay by the child’s

Female -105 days Father/

• SSS Form shall be used if the

2. A certified true copy of the death

- The unexpired ML credits given to

 Such LWOP shall not be

1. Initially file to the head of agency;

Agency CSC RO CSC CO