LeaveBenefits Entitlement …. Appointive Officials - upon appointment to government service -employees under probationary period may avail of whatever leave credits earned. - Any leave of absence without pay incurred during the probation period extends its completion period for the same number of days absent. Entitlement …. Part-time Employees -VL and SL benefits proportionate to the number of work hours rendered -eg. 4 hours of work 5 days 4 x 5 = 20 hours a week Entitlement: 7.5 days vacation leave 7.5 days sick leave Officials & Employees covered by Special Laws Justices of SC, CA and Sandiganbayan Judges of RTC, MTC, MCTC, Court of Tax Appeals and Shari’a Court Chairman and Commissioners of Constitutional Commissions Filipino officers and employees in Foreign Service Faculty members of SUCs pursuant to Sec. 4 (h) of RA 8292 (Higher Education Modernization Act of 1997 Other officials and employees covered by special laws Entitlement … teachers Teacher’s leave - teachers are not entitled to the usual VL and SL but to proportional vacation pay (PVP) of 70 days of summer vacation plus 14 days of Christmas vacation. Thus , a teacher who rendered continuous service in a school year without incurring absences without pay of not more than 1 1/2 days is entitled to 84 days of PVP Entitlement … teachers Vacation service credits (VSC) - leave credits earned for services rendered by teachers, as authorized by proper authority, on activities during: summer, or Christmas vacation The VSC is used to offset absences of teachers due to illness (DEPED Order No. 53, s. 2003) Activities for which service credit may be granted: o Registration and election days as long as these are mandated duties; o Calamity and rehabilitation when schools are used as evacuation centers; o Conduct or remedial classes during the summer or Christmas vacation or outside of regular school days; o Early opening of the school year; o School sports competition held outside regular school days; DepEd Order #53,s. 2003 Services rendered during … Activities for which service credit may be granted: Services rendered during … o Training teachers in addition to their normal teaching loads ; o Teaching overload not compensated by honoraria; o Teaching in non-formal education classes in addition to teaching in formal education classes carrying a normal teaching load; o Work done during regular school days if these are in addition to the normal teaching load; DepEd Order No. 53, s. 2003 Activities for which service credit may be granted: Services rendered during … o Work done during regular school days if these are in addition to the normal teaching load o Conduct of testing activities held outside of school days; and o Attendance/participation in special DepED projects and activities which are short-term in duration such as English, Science and Math Mentor’s Training, curriculum writing workshop, planning workshop, etc, if such are held during the summer vacation or during weekends ; o Attendance/Participation in special DEPED activities which are short term in duration if such are held during summer, holidays or during weekends ACTIVITIES NOT ELIGIBLE FOR THE GRANT OF SERVICE CREDITS o In-service training programs fully funded by the government; o Assignment to clerical work, such as checking forms and finishing reports; o Reassignment of teachers to duty in another bureau of office (detailed in another office; o Assignment in connection with exhibits at a fair; o Postponement of a regular teacher’s vacation; and o Time spent in travelling to and from station to the place where services are rendered. DepEd Order No. 53, s. 2003 Teachers who are entitled to vacation and sick leave… Those who are designated to perform non- teaching functions; and Who render the same hours of service as other employees Transfer … teachers A teacher who transferred to the non-teaching service or who resigned from government service ten (10) days before the close of the school year is entitled to proportional vacation pay inasmuch as his right thereto has already accrued provided that the service will not be prejudice and provided further that he fulfills his responsibilities and obligations Entitlement … teachers Teachers and other school personnel on the teacher’s leave basis who resigned, retired, or separated from the service through no fault of their own or after January 16, 1986 shall be paid the money value of their unused vacation service credits converted to VL/SL Entitlement … teachers VL and SL =30Y/69 Where: 30 - No. of days in a mo. Y - Total no. of teacher’s service credits 69* - 58 days of summer vacation + 11 days of Christmas vacation *84-15(12sat, Sun on summer vacation + 3 days[Christmas day, Rizal Day, New Year’s Day]) Entitlement … teachers Conversion of SL/VL to vacation service credits VL + SL Y = ------------------ x 69 30 Other leave benefits of teachers Indefinite sick leave of absence shall be granted to teachers when the nature of the illness demands a long treatment that will exceed one year at the least. (Sec 25, RA 4670) Study Leave - In addition to the leave privileges now enjoyed by teachers in the public schools, they shall be entitled to study leave not exceeding one school year after seven (7) years of (continuous) service with pay. (Section 24, R.A. 4670) Employees on extended leave Entitled to leave benefits but leave credits earned are: non-commutative non-cumulative CSC Resolution No. 04-0229 dated March 5, 2004 Sec. 34 of Omnibus Rules on Leave Tardiness and Undertime are deducted against vacation leave credits. One half day is considered tardy if incurred in the morning and undertime in the afternoon. Habitually tardy means 10 times in a month for two months in a semester or 10 times in a month for two consecutive months in the year with the following sanctions: ( Rule XVI 1 st offense - Reprimand 2 nd offense - Suspension for one to thirty days 3 rd offense - Dismissal Effects of Undertime/Tardiness on PES 10- 1-3 times 8- 4-6 times 6- 7-10 times 4 -11-15 times 2 – more than 15 times Policies on Leave of Absence …. Accumulation of Vacation and Sick leave - NO LIMIT. Upon separation from service, an employee is entitled to the commutation of all accumulated vacation/sick leave credits In case of re-employment, the commuted money value shall NOT be refunded. Leave Credits shall start from zero balance Options in case of transfer: 1. Transfer of accumulated leave credits to the new agency - can be availed of as a matter of right if NO gap in the service. A gap of 1 month may be allowed provided it is not due to the fault of the employee - can be exercised within ONE year 2. Commutation of accumulated leave credits … if application for leave of absence is not acted upon within FIVE (5) working days Policies on Leave of Absence … DEEMED APPROVED Effect of Unauthorized Leave employee shall not be entitled to receive salary corresponding to the period of unauthorized leave of absence, however, the absence shall no longer be deducted from accumulated leave credits Employee may be DROPPED from the rolls Policies on Leave of Absence …. Continuous unauthorized absences for more than 30 WORKINGS DAYS Dropping from the rolls … The employee is considered on AWOL He/She may be dropped from the rolls WITHOUT prior notice He/She must be notified of his separation from service Absences incurred is less than 30 WORKINGS DAYS Dropping from the rolls … A written RETURN-TO-WORK (RTW) order shall be served to the employee Failure on his part to to report for work within the period stated in the RTW shall be a valid ground to drop him from the rolls Absences in excess of accumulated VL and SL shall be without pay LWOP shall be allowed only if there are no accumulated leave credits except in case of secondment If sick leave credits were already exhausted, vacation leave credits can be used, but not vice versa. Leave of Absence without pay … LWOP not exceeding one (1) year may be granted, however, the employee is considered automatically separated from service if he/she fails to report after its expiration LWOP in excess of one (1) month requires clearance from the proper head of agency Leave of Absence without pay … An employee who is absent on a day immediately preceding or succeeding a Saturday, Sunday or Holiday, whether continuous or not, shall not be considered absent on said days. Leave of Absence without pay … Leave of Absence without pay … Formula : (Mc 14, s. 1999) Mo. salary Salary = Mo. Salary ------------------- x No. of day Calendar days LWOP For continuous absences over 10 working days: (MC 24, s. 1999 ) Mo. Salary Salary = Mo. Salary ----------------- x No. of days Actual No. of LWOP working days Effect of VL without pay on the grant of Step Increment 15 days and below – no effect; it will not interrupt the continuity of the 3-year service requirement More than 15 days – the grant will be delayed for the same number of days on LWOP Effect of VL without pay on the grant of Loyalty Award 50 days and below - no effect; employee shall be considered as having rendered continuous service Monetization of Leave Credits If accumulated vacation leave credits is 15 days, an employee may be allowed to monetize a minimum of ten (10) days At least five (5) days must be retained Maximum of 30 days a year Monetization of Leave Credits Effective June 22, 2002, fifty percent of the accumulated VL/SL may be allowed for valid and justifiable reasons such as: a. Health, medical and hospital needs of the employee and the immediate members of the family; b. Financial aid and assistance brought about by force majeure such as calamities, typhoons, fire, earthquake and accidents that affect the life, limb and property of the employee and his/her immediate family; (MC 16, s. 2002) Monetization of Leave Credits (MC 16, s. 2002) c. educational needs of the employee and the immediate members of his/her family; d. payment of mortgages and loans which were entered into for the benefit or which inured to the benefit of the employee and his/her immediate family; Monetization of Leave Credits (MC 16, s. 2002) e. in cases of extreme financial needs of the employee or his/her immediate family where the present sources of income are not enough to fulfill basic needs such as foods, shelter and clothing; and f. Other analogous cases as may be determined by the Commission. Monetization of Leave Credits shall be upon the favorable recommendation of the agency head subject to availability of funds Formula: Amount = S x D x CF where: S = Salary ; D = No. of Days to be monetized CF = Constant Factor = .0478087 Tardiness and undertime are deducted from vacation leave credits and not from sick leave credits, unless undertime is for health reasons The basis for the computation of salary during leave with pay is the salary an employee is currently receiving An employee with pending case/s is not barred from enjoying leave privileges Other Salient Policies … Employee shall not be considered absent for the whole day Leave credits to be deducted is equal to time when official working hours start up to the time the suspension of work is announced Absence on a regular day for which suspension of work is announced … While an incumbent is on leave, his position is not vacant. Only a substitute appointment may be issued during the said period Dismissed employees who were later exonerated and reinstated are entitled to the leave credits during the period they were out of service. Other Salient Policies … Violation of the leave laws, or any misrepresentation or deception in connection with an application for leave, shall be a ground for disciplinary action. Other Salient Policies … COMPENSATORY SERVICE may be availed of outside of the regular working hours, except Sundays, to offset non-attendance or undertime during the regular office hours subject to the written approval of the agency’s proper official each government office shall formulate its own internal rules and regulations. Other Salient Policies … NON-MONETARY REMUNERATION FOR OVERTIME SERVICES RENDERED (JC No. 4, s. 2004) Issued pursuant to AO 103 re: Directing the Continued Adoption of Austerity Measures in the Government Covered: NGAs/SUCS/GOCCs/GFIs Compensatory Time-Off – non-monetary benefit provided in lieu of overtime pay. The employee is excused from reporting for work with full pay and benefits NON-MONETARY REMUNERATION … Compensatory Overtime Credit (COC) - accrued number of hours an employee earns as a result of services rendered beyond regular working hours and those rendered on Saturdays, Sundays, Holidays or scheduled days off without the benefit of overtime pay -Should not be more than 40 hours a month -Balance should not exceed 120 hours -It shall be considered as official time for purposes of compliance with compensation rules and computation of service hours for entitlement to leave credits -It must be used as time-off within the year these were earned until the immediately succeeding year (as amended by JC 2- A, s. 2005) NON-MONETARY REMUNERATION … Limitation on the Use of COC - cannot be used to offset undertime/s or tardiness incurred by the employee during regular working days - cannot be converted to cash - will not be added to the regular leave credits - forfeited in case of resignation or separation from the service Computation shall be made on the basis of one day VL and one day SL for every 24 days of actual service COMPUTATION OF LEAVE CREDITS Actual Service - refers to the period of continuous service since the appointment of the official or employee concerned, including the period or periods covered by any previously approved leave with pay COMPUTATION OF LEAVE CREDITS Leave of Absence without pay other than illness will not be considered as part of actual services rendered Sick Leave without pay earns leave and is considered actual service For purposes of granting leave of absence ¼ or more but less than ¾ is considered as half day ¾ or more is counted as one full day COMPUTATION OF LEAVE CREDITS Absences in excess of of accumulated leave credits is leave without pay. It cannot be charged to the vacation and sick leave that will be subsequently earned. Leave credits are earned while on leave with pay COMPUTATION OF LEAVE CREDITS Employees with irregular work schedule - the off-duty regardless of whether they fall on Saturdays, Sundays, or holidays during the period of the leave, are to be excluded in the computation of the vacation and sick leave COMPUTATION OF LEAVE CREDITS Employees Observing Flexible Working Hours If an employee renders less than eight (8) hours of work per day but nevertheless completed the 40 hours of work in a week, only the minimum number of hours required to be served for a day but which was not served will be deducted from the leave credits. Any absence incurred will be charged in proportion to the number of hours required for a day’s work COMPUTATION OF LEAVE CREDITS TERMINAL LEAVE COMPUTATION 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 CF derived as follows: 365 days in a year 104 Sat & Sun in a year 10 legal holidays in a year 12 mos in a year