Professional Documents
Culture Documents
Leave
Dropping from
the Rolls
When can an employee be
DROPPED from the Rolls?
Absence Without Official Leave
– 30 or more working days
– Less than 30 days but 3x in a semester (apparent
pattern)
• No prior notice but employee informed within 5
days from effectivity of order
– Appointing authority;
– Head of Office; or
– Immediate supervisor of employee
Source: Sec. 94, Rule 19, RRACCS
Who signs the Notice of
Separation?
–Appointing authority
–Head of Office
Source: Sec. 94, Rule 19, RRACCS
Is the Order of Separation Immediately
Executory?
Source: Sec. 95, Rule 19,
vis‐à‐vis Sec. 110 , Rule 23 RRACCS
Dropping from the Rolls
Non-Disciplinary in Nature
Source: Sec. 96, Rule 19, RRACCS
Dropping from the Rolls
Case No. 1
Philippine Coconut Authority vs.
Bienvenido Garrido
• One week before his intended vacation leave for the period
July 28 to December 17, 1993, Garrido filed his application
for leave. He commenced his VL on July 28.
G.R. No. 135003 January 21, 2002
Dropping from the Rolls
Case No. 1
Philippine Coconut Authority vs. Garrido
Issue:
G.R. No. 135003 January 21, 2002
Dropping from the Rolls
Case No. 1
Philippine Coconut Authority vs. Garrido
Ruling:
G.R. No. 131392 February 6, 2002
Dropping from the Rolls
Case No. 2
City of Makati v. CSC
G.R. No. 131392 February 6, 2002
Dropping from the Rolls
Case No. 2
City of Makati v. CSC
Issue No. 1:
• Is there a rule on automatic leave such that there is
no need for any prior approved leave?.
Yes. As a general rule, an approved leave of absence is
necessary to avoid being on AWOL. However, there are other
means of seeking and granting an approved leave of
absence, one of which is the CSC recognized rule of
automatic leave of absence under specified circumstances.
G.R. No. 131392 February 6, 2002
Dropping from the Rolls
Case No. 2
City of Makati v. CSC
Issue No. 1:
G.R. No. 131392 February 6, 2002
Dropping from the Rolls
Case No. 2
City of Makati v. CSC
Issue No. 2:
• Was Galzote correctly dropped from the rolls?.
No. The City Government, thru a memorandum, suspended
her until the final disposition of her case. It is a recognition of
her predicament and is taken as an equivalent of a prior
approved leave, dispensing with the formalities of leave.
G.R. No. 131392 February 6, 2002
Dropping from the Rolls
Relevant CSC Resolution
CSC Res. No. 991879; Norona, Nelda Q.
• An employee who is being detained is automatically
suspended from office and considered to be on automatic
leave of absence for the period of his detention.
Source: Sec. 2, Rule XVII of the
Omnibus Rules Implementing Book V of EO No. 292
Exemption from Bundy Clock Requirement
Relevant CSC Resolution
CSC Res. No. 040158; Aguilera, Danilo et al.
February 7, 2004
Exemption from Bundy Clock Requirement
Relevant CSC Resolution No. 1
CSC Res. No. 040158; Aguilera, Danilo et al.
But –
– The approval of the CSC is necessary in requests for
exemption from the use of bundy clock to ensure that all
officials and employees record their daily attendance in
the proper form and for the proper observance of the
schedule of working hours
September 5, 1995
Attendance to Hearings During Office Hours
CSC Res. No. 95547; Gonzales, Teresita C.
September 5, 1995
Attendance to Hearings During Office Hours
CSC Res. No. 95547; Gonzales, Teresita C.
September 5, 1995
Attendance to Hearings During Office Hours
CSC Res. No. 95547; Gonzales, Teresita C.
See also: Sec. 10, Rule 21, Rules of Court
Attendance to Hearings During Office Hours
Sec. 226, Government Accounting and Auditing Manual
See also: Sec. 10, Rule 21, Rules of Court
Half Day
Absence
Half Day Absence
Relevant CSC Resolution
CSC Res. No. 020975; Mantilla, Chona M.
June 21, 1999
Overtime
Relevant CSC Resolution
CSC Res. No. 991231; Balmeo, Vivan
June 21, 1999
Overtime
Relevant CSC Resolution
CSC Res. No. 991231; Balmeo, Vivan
2 Rules Taken
Sec. 285 (c), GAAM Vol 1
Overtime
Relevant CSC Resolution
CSC Res. No. 991231; Balmeo, Vivan
Issue No. 1
January 29, 2004
Study Leave
Relevant CSC Resolution
CSC Res. No. 040074; Allian, Joel T.
Answer
January 29, 2004
Study Leave
Relevant CSC Resolution
CSC Res. No. 040074; Allian, Joel T.
Answer (cont.)
January 29, 2004
Study Leave
Relevant CSC Resolution
CSC Res. No. 040074; Allian, Joel T.
Answer (cont.)
Issue No. 2
January 29, 2004
Study Leave
Relevant CSC Resolution
CSC Res. No. 040074; Allian, Joel T.
Answer
January 29, 2004
Study Leave
Relevant CSC Resolution
CSC Res. No. 1100830; Curio, Jose Manuel M.
Question:
June 21, 2011
Study Leave
Relevant CSC Resolution
CSC Res. No. 1100830; Curio, Jose Manuel M.
Answer:
June 21, 2011
Study Leave
Relevant CSC Resolution
CSC Res. No. 1100830; Curio, Jose Manuel M.
Answer (cont.):
Curio’s case is one of them. To allow this is to
enable him to pursue his dreams for personal and
professional growth, which will eventually benefit
the agency-grantor.
June 21, 2011
Maternity
Leave
Maternity Leave
Relevant CSC Resolution
CSC Res. No. 001298;Berroya, Jessie
Issue
Can a casual teacher who gave birth
during vacation be entitled to maternity leave
if she was not issued appointment during that
period?
June 1, 2000
Maternity Leave
Relevant CSC Resolution
CSC Res. No. 001298;Berroya, Jessie
Answer: Yes
Sec. 11, MC 14 s. 1999, 2nd par.
In the case of those in the teaching
profession, maternity benefits can be availed of
even if the period of delivery occurs during the
long vacation, in which case, both the maternity
benefits and the proportional vacation pay shall
be received by the teacher concerned.
June 1, 2000
Maternity Leave
Relevant CSC Resolution
CSC Res. No. 001298;Berroya, Jessie
Answer (cont)
Sec. 15, MC 41 s. 1998
• Maternity leave with pay may be granted
even if delivery occurs not more than 15
calendar days after the termination of
employee’s service as her right thereto has
already accrued.
June 1, 2000
Maternity Leave
Relevant CSC Resolution
CSC Res. No. 001298;Berroya, Jessie
Answer (cont)
• It was not Jessie’s fault not to be issued an
appointment, she should not be made to suffer the
consequences thereof.
• The grant of Maternity Leave benefits is in the
nature of social legislation which must be liberally
construed to give essence to equity, spirit of the
law and substantial justice.
June 1, 2000
Maternity Leave
Relevant CSC Resolution
CSC Res. No. 020576; Sacmar-Badiola, Ginalyn
Question
April 18, 2002
Maternity Leave
Relevant CSC Resolution
CSC Res. No. 020576; Sacmar-Badiola, Ginalyn
Answer
April 18, 2002
Maternity Leave
Relevant CSC Resolution
CSC Res. No. 020576; Sacmar-Badiola, Ginalyn
Answer (cont.)
April 18, 2002
Leave during
Pendency of
Administrative
Case
Maternity Leave
Relevant CSC Resolution
CSC Res. No. 992456; Asperilla, Dominador
Question
November 5, 1999
Maternity Leave
Relevant CSC Resolution
CSC Res. No. 992456; Asperilla, Dominador
Answer
November 5, 1999
Filing of Leave
Equivalent to
Assumption of Duty
Leave as Assumption of Duty
Relevant CSC Resolution
CSC Res. No. 011341; Nok, Khem N.
Question
October 8, 2002
Leave as Assumption of Duty
Relevant CSC Resolution
CSC Res. No. 011341; Nok, Khem N.
Answer
• Yes. In cases of reassignment, the filing of a leave
of absence may be considered as constructive
assumption to duty if the head of agency
concerned approved or is deemed to have
approved the application.
• But, in cases of new appointments, physical
assumption of the duties and functions is required.
October 8, 2002
Exhaustion of Leave
Credits Prior to
Effectivity of Retirement
Exhaustion of Leave Credits
Relevant CSC Resolution
CSC Res. No. 020184; Monsod, Toby C.
Question
• Can accrued leave credits be exhausted
immediately prior to the effectivity of resignation?
February 6, 2002
Exhaustion of Leave Credits
Relevant CSC Resolution
CSC Res. No. 020184; Monsod, Toby C.
Answer: Yes.
• As a rule, if an official or employee wants to receive the
entire money value of her unused leave credits, she
must first terminate her employment with the
government.
• But, there is no specific provision of law or rule that
prohibits an official or employee from exhausting her
unused leave credits prior to the effectivity of her
separation from government service.
February 6, 2002
Transfer of Leave
Credits
Transfer of Leave Credits
Relevant CSC Resolution
CSC Res. No. 110545; Barber, Felicidad L.
Question:
• Can there be an exemption to the application of the
one-year rule on transfer of leave credits?
September 26, 2011
Transfer of Leave Credits
Relevant CSC Resolution
CSC Res. No. 110545; Barber, Felicidad L.
Answer:
• Yes. The Commission has ruled in many cases that
leave laws should be given liberal interpretation such
that all doubts must be resolved in favor of the
employee.
• The employer-agency also did not show any objection
to the transfer which presupposes their willingness to
pay its money value.
September 26, 2011
Transfer of Leave Credits
Relevant CSC Resolution
CSC Res. No. 1200182; Villano, Virgilio M.
January 24, 2012
Transfer of Leave Credits
Relevant CSC Resolution
CSC Res. No. 1000173; Macarambon, Moslemen
Question
• Can transfer of leave credits be granted even if the
nature of the appointment is re-employment, with gap
in the service of more than 1 month?
October 6, 2010
Transfer of Leave Credits
Relevant CSC Resolution
CSC Res. No. 1000173; Macarambon, Moslemen
Answer
• Yes. It may also be allowed in cases of re-
employment, particularly when the agency where
such employee was re-employed interposes no
objection.
October 6, 2010
Rehabilitation Leave
Rehabilitation Leave
Relevant CSC Resolution
CSC Res. No. 130565; De Veyra, Concordia M.
Question
• Can an employee who suffers from stroke while still in
her temporary residence (official travel) but already
preparing to report for work, be entitled to rehabilitation
leave benefits?
May 28, 2013
Rehabilitation Leave
Relevant CSC Resolution
CSC Res. No. 130565; De Veyra, Concordia M.
Answer
• Yes. While the situation does not fall under the
guidelines set, the rehabilitation privilege is a social
legislation which must be construed liberally and
decisions involving its application must be
characterized with compassion and consideration.
May 28, 2013
Rehabilitation Leave
Relevant CSC Resolution
CSC Res. No. 130565; De Veyra, Concordia M.
Answer (cont.)
• De Veyra’s factual circumstances deserve this
consideration. She was covered by a travel order
during that period and her intent to report to the COA
Central Office in pursuance of such order was evident.
May 28, 2013
Rehabilitation Leave
Relevant CSC Resolution
CSC Res. No. 130565; De Veyra, Concordia M.
Observation
• In decided cases, authority to deviate from the
guidelines are usually requested from the Commission
and not ordinarily done by heads of agencies
May 28, 2013
Extension of Service
Extension of Service
Relevant CSC Resolution
CSC Res. No. 020365; Vitalicia, Editha G.
Question No. 1
• Is a presidential appointee, who is on extended
service, entitled to leave credits?
March 7, 2002
Extension of Service
Relevant CSC Resolution
CSC Res. No. 020365; Vitalicia, Editha G.
Answer No. 1
• No. An officer or employee who was granted an extension of
service by CSC is not entitled to leave credits.
• Analogously, one whose service was extended by the
President is likewise not entitled to leave credits. To do so
would create the impression that a presidential appointee
who was granted an extension of service is better situated
than one whose extension of service was granted by the
CSC.
March 7, 2002
Extension of Service
Relevant CSC Resolution
CSC Res. No. 020365; Vitalicia, Editha G.
Question No. 2
• When is the effectivity date of retirement of employees
on extended service? Is it the date they turned 65 or
the expiration date of their extended service?
March 7, 2002
Extension of Service
Relevant CSC Resolution
CSC Res. No. 020365; Vitalicia, Editha G.
Answer No. 2
March 7, 2002
Extension of Service
Relevant CSC Resolution
CSC Res. No. 020365; Vitalicia, Editha G.
Answer No. 2
March 7, 2002
Extension of Service
Relevant CSC Resolution
CSC Res. No. 020365; Vitalicia, Editha G.