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RIGHTS AND PRIVILEGES
OF
TEACHERS
1
1
GOVERNMENT
WORKING HOURS
Legal Bases:
- CSC Memorandum Circulars
- DepED Order/Memorandum/Advisory
Flexible Working Hours:
7:00am to 7:00pm
Flexible Working Hours may be allowed subject to the discretion of
the head of the department or agency. In no case shall the
working hours be reduced in the event the department or agency
adopts the flexi-time schedule in reporting to work.
(Sec. 7, Rule XVII of Omnibus Rules implementing Book V of EO 292)
Flexible Working hours shall apply to all NON TEACHING
PERSONNEL which shall start from 7:00AM to 9:30AM and
ends from 4:00PM to 6:30PM
Despite the adoption of flexible working hours, heads of offices
shall ensure the continuous delivery of service in their
respective offices during the core working hours of 8:00AM to
5:00PM
DepEd Order No. 23, s, 2018
(RA No. 4670, Magna Carta for Public School Teachers)
(DepEd Memo No. 291, s. 2008)
TEACHER’S WORKING HOURS
Teachers may be authorized to alter
scheduled activities of their individual
classes but the exercise of this authority
must be balanced by the professional
responsibility of the superintendents,
school heads and teachers to ensure that
students obtain the full benefit of the
curriculum based instruction for the
prescribed number of school days
contained in the school calendar
DepEd Order No. 9, s. 2005
Frequent Unauthorized Absences (Habitual
Absenteeism), Tardiness in Reporting for Duty, and
Loafing from Duty during Regular Office Hours are grave
offenses punishable by suspension of six (6) months and
one (1) day to one (1) year for the first offense and
dismissal from the service for the second offence.
(Section 46 (b) (5) Revised Rules on Administrative Cases in the Civil Service)
Frequent unauthorized tardiness (Habitual Tardiness) is a light
offense punishable by reprimand for the first offense,
suspension of one (1) to thirty (30) days for the second
offense, and dismissal from the service for the third offense.
It is committed when an official or employee incurs tardiness,
regardless of the number of minutes , ten (10) times a month
for at least two (2) consecutive months during the year.
The classification of Habitual Tardiness as either a grave
offense or a light Offense would depend on the frequency or
regularity and its effects on the government service.
(Section 46 (f) (4) Revised Rules on Administrative Cases in the Civil Service)
“A DTR is not a mere document. It is impressed with official
character, since it is a record of an employee’s attendance and
its preparation finds sanction under existing civil service law and
rules (Beradio v. CA 103 SCRA 567). This being the case, its
entries are deemed prima facie evidence of the facts therein
stated, in line with the rule enunciated in the case of US v. Que
Ping (40 Phil 17), that entries in public records made by a public
officer in the performance of his duty are prima facie proof of
the facts expressed therein. While not conclusive, clear and
convincing evidence is still needed to defeat its recital of facts.
OBSERVANCE OF FLAG CEREMONIES
Pursuant to Section 18 of Republic Act (RA) No.
8492 otherwise known as the Flag and Heraldic Code
of the Philippines, all government offices and
educational institutions are required to participate in
the Observance/Conduct of Flag Raising Ceremonies
every Monday morning and Flag Lowering Ceremonies
every Friday afternoon.
Consistent with Section 18 of RA 8491, all central,
regional, schools division offices, and private and public
schools nationwide shall henceforth observe the Flag
Lowering Ceremonies every Friday afternoon. The
ceremony shall be simple and dignified and shall include
the playing or singing of the Philippine National Anthem.
DepEd Order No. 23, s. 2018
LEAVE BENEFITS
1
•It is in the nature of a right.
•It is granted to officials and employees
as a right not to report for work with or
without pay as may be provided by law
and as the CSC rules prescribe.
LEAVE OF ABSENCE
What is the effect of a failure of the
head of agency to act on an application
for leave?
•The application for leave shall be
deemed approved if the same had not
been acted upon by the head of agency
or his representative within five (5) days
from the filing of the application
LEAVE OF ABSENCE
What is the effect of an absence
without prior approval?
•The employee shall not be entitled to
receive his salary corresponding to the
number of days he was absent.
•If the employee has outstanding leave
(service) credits, his absence shall not
be deducted therefrom
LEAVE OF ABSENCE
Is the practice of filing a leave of absence
after the employee has been absent
correct?
• NO. An application for leave must be filed in
advance at least five (5) days from the date
of the intended leave of absence.
• An absence, even if it is in the nature of a
right, may not be exercised whimsically but
with caution. An employee who seeks to be
absent from his functions must bear in mind
that he does so not to the detriment of the
public that he serves.
LEAVE OF ABSENCE
105 Day Expanded Maternity Leave Law
1
All female workers in the Public and
Private Sectors, Informal Economy,
Members of the SSS who are
voluntary contributors and female
national athletes
COVERAGE
1. 105 days, with full pay, for live childbirth
regardless of mode of delivery
2. Additional 15 days paid leave if the female
worker qualifies as a solo parent under RA
no. 8972
3. Extension of 30days at the option of the
female worker, with or without pay
4. 60days paid leave for miscarriage and
emergency termination of pregnancy
BENEFITS
All covered females regardless of
civil status, employment status,
length of service and the legitimacy
of her child.
GRANT OF LEAVE
1. Either before or after the actual
period of delivery
2. Continuous and uninterrupted
manner
3. Postnatal care must not be less
than 60days.
MANNER OF ENJOYMENT
Maternity Leave shall be granted to a
qualified female worker at every
instance of pregnancy, miscarriage,
or emergency termination of
pregnancy regardless of frequency
FREQUENCY OF GRANT
An additional 30days can be availed of,
at the option of the female worker,
provided that:
1. Employer shall be given due notice;
2. Notice must be in writing;
3. Notice must be given at least 45days
before the end of the maternity
leave
EXTENSION OF LEAVE
The female worker who opted to extend
her maternity leave for an additional
30days may:
1. File an application leave without pay;
2. Use her earned sick leave or service
credits;
3. If sick leave is exhausted, use vacation
leave credits.
EXTENSION OF LEAVE
The female worker shall give prior notice
to the head of agency of her pregnancy
and availment
leave, whenever possible
1. At least 30days in advance
2. Specifying the effective date of the
3. A clearance from money, property
and work-related accountabilities
shall be secured
NOTICE OF PREGNANCY AND
APPLICATION FOR MATERNITY LEAVE
Money, property and work-related
accountabilities shall not deprive
the female worker of the availment
of her maternity leave benefits
MANNER OF PAYMENT
In case of overlapping of maternity
benefit claims, the female worker shall be
granted maternity benefits for two
contingencies in a consecutive manner.
The female worker shall be paid one
maternity benefit, regardless of the
number of offspring, per childbirth or
delivery.
CONSECUTIVE PREGNANCIES AND
MULTIPLE CHILDBIRTHS
•Female teachers in the teaching
profession may also avail of
maternity leave even during long
vacations. Both maternity leave
and PVP shall be granted.
Maternity Leave in Teaching Profession
•Grant of leave benefit with full pay
even if the childbirth, miscarriage, or
emergency termination occurs not
more than 15calendar days after
the termination of an employee’s
service.
OTHER SALIENT FEATURES
A female worker may allocate her
maternity leave credits to the Child’s
Father or Alternative Caregiver:
1. At the option of the female
worker
2. Up to 7days of said benefits
3. Whether or not the same is
married to the female worker
ALLOCATION OF MATERNITY LEAVE CREDITS
The allocated benefit granted to the
child’s father is over and above that
which is provided under the Paternity
Leave Act of 1996
ALLOCATION OF MATERNITY LEAVE CREDITS
Allocation to Alternate Caregiver maybe
done in case of death, absence or
incapacity of child’s father, who may be
any of the following:
consanguinity; or
1. Relative within the 4th degree of
2. Current partner, regardless of sexual
orientation or gender identity
ALLOCATION OF MATERNITY LEAVE CREDITS
Other important points:
1. Written notice shall be submitted
to the head of agency
2. Maybe availed in a continuous or
in an intermittent manner
3. Availment shall not be later than
the period of the maternity leave
ALLOCATION OF MATERNITY LEAVE CREDITS
In case full pay is given to the female
worker, the child’s father or the
alternate caregiver, as the case
maybe, shall only be excused from
work (leave without pay), which
shall not be considered gap in the
service.
ALLOCATION OF MATERNITY LEAVE CREDITS
If female worker have already been paid, the
child’s father or alternate caregiver shall be
entitled to the remaining unexpired leave
credits of the female worker, if there be any,
without pay. And shall not be considered as
a gap in the service.
DEATH OR PERMANENT INCAPACITY OF THE
FEMALE WORKER
•Grant of leave benefit with full pay
shall be enjoyed by a female worker
even if she has a pending
administrative case
OTHER SALIENT FEATURES
If an employee on maternity leave
shall report back to work before the
expiration of the maternity leave, will
she be required to reimburse the
benefits already received?
• No. The leave privilege has already accrued to her
benefit, thus she is no longer obligated to
reimburse the benefits she has earned.
• She will receive both the benefits and actual
services rendered effective on the day she reports
for work.
• However, she should present a medical certificate
that she is physically fit to assume the duties of her
position.
SICK LEAVE
for non teaching and teaching
12 November 2022 DepEd Northern Samar Division 56
CONDITIONS:
• Granted only on account of sickness or disability on
the part of the employee concerned or of any
member or his immediate family.
• Either with pay or without pay
• The employee shall notify his immediate
supervisor/agency head of his absence
SICK LEAVE
for non teaching and teaching
12 November 2022 DepEd Northern Samar Division 57
• File application for sick leave in the prescribed
form (CSC Form 6).
• Sick leave in excess of five (5) days shall be
accompanied by a proper medical certificate.
• If the employee will undergo medical examination
or operation or advised to rest in view of ill health
duly supported by a medical certificate, sick leave
may be applied in advance.
SICK LEAVE
for non teaching and teaching
12 November 2022 DepEd Northern Samar Division 58
• In ordinary application for sick leave already taken
not exceeding five (5) days, the agency head may
determine whether or not granting of sick leave is
proper.
• In case of doubt, a medical certificate may be
required.
VACATION LEAVE
for non teaching
12 November 2022 DepEd Northern Samar Division 59
• Granted for personal reasons
• Approval is contingent upon the necessities
of the service.
• VL must be filed 5 days in advance,
whenever possible
• All absences in excess of accumulated
vacation, sick leave or service credits
earned shall be without pay. If an
employee had already exhausted his sick
leave credits, he can use his vacation
leave credits but not vice versa.
REMINDER!!!
FORCED LEAVE
for non teaching
61
• Mandatory annual 5-day vacation leave
• Forfeited if not taken during the year
• Deducted from accrued vacation leave
credits if not availed
SPECIAL PRIVILEGE LEAVE
for non teaching
62
•Annual 3-day vacation for personal
milestones
•Forfeited if not taken during the year
Teachers who are designated to
perform non-teaching functions and
who are required to render the same
hours of service as other employees are
entitled to vacation and sick leave
credits.
TEACHERS LEAVE AND SERVICE CREDITS
(DO No. 53, s. 2003)
64
• leave credits earned for services rendered on
activities during summer or Christmas
vacation or in the course of the regular
school year, as authorized by proper
authority
• Used to offset on account of illness
PROCEDURES
(DO No. 53, s. 2003)
65
Steps to be followed:
1. Head of Office/School recommends approval
of request to render service.
2. SDS approves/disapproves request
For issuance of Special Order, the following
shall be submitted:
1. Accomplishment Report
2. Duly signed DTR
3. Authority/Issuance/ approval of SDS
OTHER RULES
(DO No. 53, s. 2003)
66
•Number of days granted shall not
exceed 15days in one year except as
authorized by Secretary
•Shall not be granted without previous
authority
PATERNITY LEAVE
67
•Every married male employee is
entitled to paternity leave of seven (7)
working days, for the first four (4)
deliveries of his legitimate spouse
PATERNITY LEAVE
68
•Married male employees with more
than one (1) legal spouse shall be
entitled to avail of paternity leave for
an absolute maximum of four (4)
deliveries regardless of whichever
spouse gives birth
Requirements:
1. Duly accomplished Form 6
2. Birth Certificate of the child
3. Marriage Certificate, if needed
69
PATERNITY LEAVE
PARENTAL LEAVE
(RA No. 8972 otherwise known as SOLO PARENTS’ WELFARE
ACT OF 2000)
70
A SOLO PARENT may avail for a 7-day Leave
privilege provided that:
• Rendered at least 1 year of service
• Availment is either continuous or staggered
• Regardless of employment
• Presented a Solo Parent ID
• Filed the application for leave within
reasonable time period
PARENTAL LEAVE
(RA No. 8972 otherwise known as SOLO PARENTS’ WELFARE
ACT OF 2000)
71
Requirements:
1. Duly Accomplished Form 6
2. Solo Parent ID
3. Birth Certificate, if necessary
REHABILITATION LEAVE
(CSC-DBM Joint Circular No. 01, s. 2006)
72
Officials and employees may be entitled
for a maximum of six (6) months provided
that:
• Wounds and/or injuries sustained while
in the performance of official duties
• Must be recommended by a medical
authority
• May be continuous or intermittent
REHABILITATION LEAVE
(CSC-DBM Joint Circular No. 01, s. 2015)
73
• Injuries from accidents while the official
or employee is going to work and going
home from work may be considered
sustained while in the performance of
official duties
• Agency heads, in the exercise of sound
discretion, shall examine and consider
the prevailing factors/conditions
REHABILITATION LEAVE
(CSC-DBM Joint Circular No. 01, s. 2015)
74
Requirements:
1. Duly Accomplished Form 6
2. Medical Certificate from attending
physician or any competent
government physician
10-day Leave under RA 9262
(Anti-Violence Against Women and their Children Act of 2004)
75
Any Women employee in the government service
regardless of employment status whose:
• A victim of violence as defined under sec. 3 of the RA
9262
• Whose child is a victim of violence as defined therein
and whose age is below 18 or above 18 but unable to
take care of himself/herself
• The 10 day leave can be availed of in a continuous or
intermittent manner
10-day Leave under RA 9262
(Anti-Violence Against Women and their Children Act of 2004)
76
Requirements:
1. Duly Accomplished Form 6
2. Police Blotter, BPO, PPO, TPO or any document
showing occurrence of violence
3. Birth Certificate of the child, as the case maybe
Other Benefits
Special Leave Benefits for Women
(RA 9710-Magna Carta of Women)
77
• Women employee having rendered
continuous aggregate employment service
of at least 6 months for the last 12 months
• 2 months leave with full pay based on her
gross monthly compensation following
surgery caused by gynecological disorders
Other Benefits
Special Leave Benefits for Women
(RA 9710-Magna Carta of Women)
78
Requirements:
1. Duly accomplished Form 6
2. Medical Certificate from the attending
physician or operative record from a
hospital
Other Benefits
Special Emergency Leave Affected by Natural
Calamities/Disasters-CSC MC 2, s.2012
79
• 5-day emergency leave shall be granted
• It can be applied for 5 straight working
days or on staggered basis
• Can be availed of by the affected
employee within 30 days from the 1st
day of calamity declaration by proper
government authority
Other Benefits
Special Emergency Leave Affected by Natural
Calamities/Disasters-CSC MC 2, s.2012
80
Requirements:
1. Duly Accomplished Form 6
2. Resolution from a proper government
authority declaring the State of
Calamity
Study Leave
81
Employee shall be selected for Study Leave based on the
following:
• Graduated with a bachelor’s degree which requires the
passing of government bar and board examinations
• Field of study to be pursued is relevant to the
employees duties and responsibilities
• Permanent employee
• At least 2 years in service for Non Teaching and 7years
for Teaching with at least VS Rating
Study Leave
82
• No pending administrative and criminal charges
• Must not have any current foreign or local scholarship
grant
• Must fulfill the service obligation of any previous
scholarship and training contract
• If the teacher fails to pass at least 75% of his courses, he
shall refund the amount paid
Study Leave
83
• Period of Service Obligation:
1 month = 6 months
1 year
2 years
2-3 months =
More than 3mos.
to 6 months =
Study Leave
84
Requirements:
1. Letter to the School Head
2. Endorsement by the School Head to SDS
3. Certification from the School Head that someone
will take over the loads of the teacher
4. Contract Agreement between the teacher and
DepEd indicating the rendition of service
corresponding to the length of study leave
Study Leave
85
Requirements:
5. Permit to Study
6. Medical Certificate for purposes of Study Leave
7. District/School and Division Clearance
8. Administrative Clearance
FILING OF APPLICATION FOR LEAVE
86
• Sick leave must be filed within 3days from
the date of return to work
• Other types of leave should be filed in
advance, whenever possible 5days before
the intended absence
What is the effect of an absence
without approved leave?
• An official or employee who is absent
without approved leave for at least 30
working days shall be considered on
absence without official leave (AWOL)
and shall be separated from the service
or dropped from the rolls without prior
notice.
ABSENCE WITHOUT OFFICIAL LEAVE
• However, when it is clear under the obtaining
circumstances that the official or employee
concerned, has established a scheme to
circumvent the rule by incurring
substantial absences though less than 30 days
3x in a semester, such that a pattern is
already apparent, dropping from the rolls
without notice may likewise be justified.
ABSENCE WITHOUT OFFICIAL LEAVE
ABSENCE WITHOUT OFFICIAL LEAVE
• not entitled to salary but absence not deducted from accumulated
leave credits
• AWOL for 30 working days, dropped from the rolls WITHOUT
PRIOR NOTICE;
• However, when it is clear under the obtaining circumstances that
the official or employee concerned, has established a scheme to
circumvent the rule by incurring substantial absences though less
than 30 working days 3 times in a semester, such that a pattern is
already apparent, dropping from the rolls without prior notice
may likewise be justified [CSC MC No. 13, d. July 25, 2007]
• If AWOL for less than 30 working days,
written RETURN-TO-WORK ORDER to last
known written address on record should
be served
Failure to report, valid ground for
dropping from the rolls.
ABSENCE WITHOUT OFFICIAL LEAVE
• Issue: Whether or not an employee who had been
arrested & detained in jail may be declared on AWOL.
Ruling:
No. His/her services are automatically suspended
during the period of his/her detention, hence, there
could be no basis to declare him on AWOL. [CSC Res.
No. 991879, dated Aug. 23, 1999; Nelda Q. Norona]
ABSENCE WITHOUT OFFICIAL LEAVE
KINDS OF LEAVE BENEFITS
• SICK LEAVE for non teaching and teaching
• TEACHER’S LEAVE thru the grant of service credit
• VACATION LEAVE for non teaching
• SPECIAL PRIVILEGE LEAVE for non teaching
• FORCED LEAVE for non teaching
• MATERNITY LEAVE
• PATERNITY LEAVE
• REHABILITATION PRIVILEGE
• STUDY LEAVE
• SPECIAL EMERGENCY LEAVE
(Natural Calamities/Disasters)
KINDS OF LEAVE BENEFITS
• PARENTAL LEAVE TO SOLO PARENTS [RA 8972; Solo
Parents’ Welfare Act of 2000]
• TEN-DAY LEAVE UNDER RA 9262
[Anti-Violence Against Women & Their
Children Act of 2004]
• SPECIAL LEAVE BENEFITS FOR
WOMEN UNDER RA 9710
[An Act Providing for the Magna Carta of Women]
KINDS OF LEAVE BENEFITS
Requirements for Travel Abroad
96
For Personal Business:
1. Indorsement of the SDS
2. Basic letter request of the employee which
contains date of travel, country of destination
and purpose of travel
3. Duly Accomplished Form 6
4. Certification of No Pending Administrative Case
5. Clearance from all money and/or property
responsibility using CSC standard template
6. Certification from the School Head that
somebody is assigned to handle the class
7. OIC-Designation/ Special Order from SDS in the
case of PSDS/School Head
MONETIZATION
(for Non Teaching and Teaching Related)
12 November 2022 DepEd Northern Samar Division 97
• Officials and employees in the career and
non-career service who have an
accumulated 15days vacation leave credits
shall be allowed to monetize a minimum of
10days
• At least 5days should be retained after
monetization
MONETIZATION
98
• Regular – monetization of vacation leave credits
for a minimum of 10days and a maximum of
30days in a given year
• Special – monetization of 50% or more
vacation/sick leave credits which maybe
allowed for valid and justifiable reasons, such
as:
1. Health, medical and hospital needs
MONETIZATION
99
2.Financial aid and assistance brought about
by force majeure events
3. Educational needs
4. Payment of mortgages and loans
5. In cases of extreme financial needs
6.Other analogous cases as may be
determined by the Commission
NOTICE OF STEP INCREMENT
100
• For step increment due to meritorious
performance, it shall be limited to five
percent (5%) of all incumbent officials and
employees in an agency.
• For step increment due to length of service,
it shall be granted every three (3) years of
continuous satisfactory service in the present
position
EMPLOYEE
CONCERNED
UP TO 59 CALENDAR DAYS 60 DAYS AND ABOVE
RECOMMENDING APPROVAL RECOMMENDING APPROVAL
TEACHER School Head ASDS School Head SDS
SCHOOL HEAD PSDS/PIC ASDS PSDS/PIC SDS
PSDS/PIC CID Chief ASDS CID Chief SDS
101
SIGNING AUTHORITIES FOR FORM 6
(DM No. 247, s. 2018)
SIGNING AUTHORITIES FOR TRAVEL ORDER
(DO 22, s. 2019)
102
DESTINATION
EMPLOYEE
CONCERNED
RECOMMENDING
OFFICIAL
APPROVING
OFFICIAL
Within
Pasay City
School Head
Teachers
ASDS
-
SDS
School Head
Outside Pasay
City but within
the Region
School Head
Teachers
ASDS
School Head
SDS
SDS
Outside the Region
but within the
Country
School Head
Teachers
ASDS
School Head
SDS
SDS
Outside the Country
School Head
Teachers
SDS Asec (CO)
UPDATES AND REMINDERS:
• DepEd Order No. 22, S. 2019
• DepEd Order No. 23, s. 2018
• DepEd Order No. 9, s. 2005 as enunciated in DA no. 7. 2019
and DM No. 062, s. 2018
• DM No. 247, s. 2018 – Signing Authorities for Financial and
Administrative Matters (spelled out the attachments to DTR)
• DM No. 347, 2. 2016 – Policy on Filing of Requests for
Deduction/Stoppage/Adjustment
• NM-2018-379 – Discouraging Teachers to Follow-up Concerns
and Other Official Matters (at the Regional Office)
104

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pptrightsandprivilagesofteacher-221112034604-707c5482.pptx

  • 3. Legal Bases: - CSC Memorandum Circulars - DepED Order/Memorandum/Advisory
  • 4.
  • 5. Flexible Working Hours: 7:00am to 7:00pm Flexible Working Hours may be allowed subject to the discretion of the head of the department or agency. In no case shall the working hours be reduced in the event the department or agency adopts the flexi-time schedule in reporting to work. (Sec. 7, Rule XVII of Omnibus Rules implementing Book V of EO 292)
  • 6. Flexible Working hours shall apply to all NON TEACHING PERSONNEL which shall start from 7:00AM to 9:30AM and ends from 4:00PM to 6:30PM Despite the adoption of flexible working hours, heads of offices shall ensure the continuous delivery of service in their respective offices during the core working hours of 8:00AM to 5:00PM DepEd Order No. 23, s, 2018
  • 7. (RA No. 4670, Magna Carta for Public School Teachers) (DepEd Memo No. 291, s. 2008)
  • 9.
  • 10.
  • 11. Teachers may be authorized to alter scheduled activities of their individual classes but the exercise of this authority must be balanced by the professional responsibility of the superintendents, school heads and teachers to ensure that students obtain the full benefit of the curriculum based instruction for the prescribed number of school days contained in the school calendar DepEd Order No. 9, s. 2005
  • 12.
  • 13.
  • 14.
  • 15.
  • 16.
  • 17.
  • 18.
  • 19.
  • 20. Frequent Unauthorized Absences (Habitual Absenteeism), Tardiness in Reporting for Duty, and Loafing from Duty during Regular Office Hours are grave offenses punishable by suspension of six (6) months and one (1) day to one (1) year for the first offense and dismissal from the service for the second offence. (Section 46 (b) (5) Revised Rules on Administrative Cases in the Civil Service)
  • 21. Frequent unauthorized tardiness (Habitual Tardiness) is a light offense punishable by reprimand for the first offense, suspension of one (1) to thirty (30) days for the second offense, and dismissal from the service for the third offense. It is committed when an official or employee incurs tardiness, regardless of the number of minutes , ten (10) times a month for at least two (2) consecutive months during the year. The classification of Habitual Tardiness as either a grave offense or a light Offense would depend on the frequency or regularity and its effects on the government service. (Section 46 (f) (4) Revised Rules on Administrative Cases in the Civil Service)
  • 22.
  • 23. “A DTR is not a mere document. It is impressed with official character, since it is a record of an employee’s attendance and its preparation finds sanction under existing civil service law and rules (Beradio v. CA 103 SCRA 567). This being the case, its entries are deemed prima facie evidence of the facts therein stated, in line with the rule enunciated in the case of US v. Que Ping (40 Phil 17), that entries in public records made by a public officer in the performance of his duty are prima facie proof of the facts expressed therein. While not conclusive, clear and convincing evidence is still needed to defeat its recital of facts.
  • 24. OBSERVANCE OF FLAG CEREMONIES Pursuant to Section 18 of Republic Act (RA) No. 8492 otherwise known as the Flag and Heraldic Code of the Philippines, all government offices and educational institutions are required to participate in the Observance/Conduct of Flag Raising Ceremonies every Monday morning and Flag Lowering Ceremonies every Friday afternoon.
  • 25. Consistent with Section 18 of RA 8491, all central, regional, schools division offices, and private and public schools nationwide shall henceforth observe the Flag Lowering Ceremonies every Friday afternoon. The ceremony shall be simple and dignified and shall include the playing or singing of the Philippine National Anthem. DepEd Order No. 23, s. 2018
  • 27. •It is in the nature of a right. •It is granted to officials and employees as a right not to report for work with or without pay as may be provided by law and as the CSC rules prescribe. LEAVE OF ABSENCE
  • 28. What is the effect of a failure of the head of agency to act on an application for leave?
  • 29. •The application for leave shall be deemed approved if the same had not been acted upon by the head of agency or his representative within five (5) days from the filing of the application LEAVE OF ABSENCE
  • 30. What is the effect of an absence without prior approval?
  • 31. •The employee shall not be entitled to receive his salary corresponding to the number of days he was absent. •If the employee has outstanding leave (service) credits, his absence shall not be deducted therefrom LEAVE OF ABSENCE
  • 32. Is the practice of filing a leave of absence after the employee has been absent correct?
  • 33. • NO. An application for leave must be filed in advance at least five (5) days from the date of the intended leave of absence. • An absence, even if it is in the nature of a right, may not be exercised whimsically but with caution. An employee who seeks to be absent from his functions must bear in mind that he does so not to the detriment of the public that he serves. LEAVE OF ABSENCE
  • 34. 105 Day Expanded Maternity Leave Law 1
  • 35. All female workers in the Public and Private Sectors, Informal Economy, Members of the SSS who are voluntary contributors and female national athletes COVERAGE
  • 36. 1. 105 days, with full pay, for live childbirth regardless of mode of delivery 2. Additional 15 days paid leave if the female worker qualifies as a solo parent under RA no. 8972 3. Extension of 30days at the option of the female worker, with or without pay 4. 60days paid leave for miscarriage and emergency termination of pregnancy BENEFITS
  • 37. All covered females regardless of civil status, employment status, length of service and the legitimacy of her child. GRANT OF LEAVE
  • 38. 1. Either before or after the actual period of delivery 2. Continuous and uninterrupted manner 3. Postnatal care must not be less than 60days. MANNER OF ENJOYMENT
  • 39. Maternity Leave shall be granted to a qualified female worker at every instance of pregnancy, miscarriage, or emergency termination of pregnancy regardless of frequency FREQUENCY OF GRANT
  • 40. An additional 30days can be availed of, at the option of the female worker, provided that: 1. Employer shall be given due notice; 2. Notice must be in writing; 3. Notice must be given at least 45days before the end of the maternity leave EXTENSION OF LEAVE
  • 41. The female worker who opted to extend her maternity leave for an additional 30days may: 1. File an application leave without pay; 2. Use her earned sick leave or service credits; 3. If sick leave is exhausted, use vacation leave credits. EXTENSION OF LEAVE
  • 42. The female worker shall give prior notice to the head of agency of her pregnancy and availment leave, whenever possible 1. At least 30days in advance 2. Specifying the effective date of the 3. A clearance from money, property and work-related accountabilities shall be secured NOTICE OF PREGNANCY AND APPLICATION FOR MATERNITY LEAVE
  • 43. Money, property and work-related accountabilities shall not deprive the female worker of the availment of her maternity leave benefits MANNER OF PAYMENT
  • 44. In case of overlapping of maternity benefit claims, the female worker shall be granted maternity benefits for two contingencies in a consecutive manner. The female worker shall be paid one maternity benefit, regardless of the number of offspring, per childbirth or delivery. CONSECUTIVE PREGNANCIES AND MULTIPLE CHILDBIRTHS
  • 45. •Female teachers in the teaching profession may also avail of maternity leave even during long vacations. Both maternity leave and PVP shall be granted. Maternity Leave in Teaching Profession
  • 46. •Grant of leave benefit with full pay even if the childbirth, miscarriage, or emergency termination occurs not more than 15calendar days after the termination of an employee’s service. OTHER SALIENT FEATURES
  • 47. A female worker may allocate her maternity leave credits to the Child’s Father or Alternative Caregiver: 1. At the option of the female worker 2. Up to 7days of said benefits 3. Whether or not the same is married to the female worker ALLOCATION OF MATERNITY LEAVE CREDITS
  • 48. The allocated benefit granted to the child’s father is over and above that which is provided under the Paternity Leave Act of 1996 ALLOCATION OF MATERNITY LEAVE CREDITS
  • 49. Allocation to Alternate Caregiver maybe done in case of death, absence or incapacity of child’s father, who may be any of the following: consanguinity; or 1. Relative within the 4th degree of 2. Current partner, regardless of sexual orientation or gender identity ALLOCATION OF MATERNITY LEAVE CREDITS
  • 50. Other important points: 1. Written notice shall be submitted to the head of agency 2. Maybe availed in a continuous or in an intermittent manner 3. Availment shall not be later than the period of the maternity leave ALLOCATION OF MATERNITY LEAVE CREDITS
  • 51. In case full pay is given to the female worker, the child’s father or the alternate caregiver, as the case maybe, shall only be excused from work (leave without pay), which shall not be considered gap in the service. ALLOCATION OF MATERNITY LEAVE CREDITS
  • 52. If female worker have already been paid, the child’s father or alternate caregiver shall be entitled to the remaining unexpired leave credits of the female worker, if there be any, without pay. And shall not be considered as a gap in the service. DEATH OR PERMANENT INCAPACITY OF THE FEMALE WORKER
  • 53. •Grant of leave benefit with full pay shall be enjoyed by a female worker even if she has a pending administrative case OTHER SALIENT FEATURES
  • 54. If an employee on maternity leave shall report back to work before the expiration of the maternity leave, will she be required to reimburse the benefits already received?
  • 55. • No. The leave privilege has already accrued to her benefit, thus she is no longer obligated to reimburse the benefits she has earned. • She will receive both the benefits and actual services rendered effective on the day she reports for work. • However, she should present a medical certificate that she is physically fit to assume the duties of her position.
  • 56. SICK LEAVE for non teaching and teaching 12 November 2022 DepEd Northern Samar Division 56 CONDITIONS: • Granted only on account of sickness or disability on the part of the employee concerned or of any member or his immediate family. • Either with pay or without pay • The employee shall notify his immediate supervisor/agency head of his absence
  • 57. SICK LEAVE for non teaching and teaching 12 November 2022 DepEd Northern Samar Division 57 • File application for sick leave in the prescribed form (CSC Form 6). • Sick leave in excess of five (5) days shall be accompanied by a proper medical certificate. • If the employee will undergo medical examination or operation or advised to rest in view of ill health duly supported by a medical certificate, sick leave may be applied in advance.
  • 58. SICK LEAVE for non teaching and teaching 12 November 2022 DepEd Northern Samar Division 58 • In ordinary application for sick leave already taken not exceeding five (5) days, the agency head may determine whether or not granting of sick leave is proper. • In case of doubt, a medical certificate may be required.
  • 59. VACATION LEAVE for non teaching 12 November 2022 DepEd Northern Samar Division 59 • Granted for personal reasons • Approval is contingent upon the necessities of the service. • VL must be filed 5 days in advance, whenever possible
  • 60. • All absences in excess of accumulated vacation, sick leave or service credits earned shall be without pay. If an employee had already exhausted his sick leave credits, he can use his vacation leave credits but not vice versa. REMINDER!!!
  • 61. FORCED LEAVE for non teaching 61 • Mandatory annual 5-day vacation leave • Forfeited if not taken during the year • Deducted from accrued vacation leave credits if not availed
  • 62. SPECIAL PRIVILEGE LEAVE for non teaching 62 •Annual 3-day vacation for personal milestones •Forfeited if not taken during the year
  • 63. Teachers who are designated to perform non-teaching functions and who are required to render the same hours of service as other employees are entitled to vacation and sick leave credits.
  • 64. TEACHERS LEAVE AND SERVICE CREDITS (DO No. 53, s. 2003) 64 • leave credits earned for services rendered on activities during summer or Christmas vacation or in the course of the regular school year, as authorized by proper authority • Used to offset on account of illness
  • 65. PROCEDURES (DO No. 53, s. 2003) 65 Steps to be followed: 1. Head of Office/School recommends approval of request to render service. 2. SDS approves/disapproves request For issuance of Special Order, the following shall be submitted: 1. Accomplishment Report 2. Duly signed DTR 3. Authority/Issuance/ approval of SDS
  • 66. OTHER RULES (DO No. 53, s. 2003) 66 •Number of days granted shall not exceed 15days in one year except as authorized by Secretary •Shall not be granted without previous authority
  • 67. PATERNITY LEAVE 67 •Every married male employee is entitled to paternity leave of seven (7) working days, for the first four (4) deliveries of his legitimate spouse
  • 68. PATERNITY LEAVE 68 •Married male employees with more than one (1) legal spouse shall be entitled to avail of paternity leave for an absolute maximum of four (4) deliveries regardless of whichever spouse gives birth
  • 69. Requirements: 1. Duly accomplished Form 6 2. Birth Certificate of the child 3. Marriage Certificate, if needed 69 PATERNITY LEAVE
  • 70. PARENTAL LEAVE (RA No. 8972 otherwise known as SOLO PARENTS’ WELFARE ACT OF 2000) 70 A SOLO PARENT may avail for a 7-day Leave privilege provided that: • Rendered at least 1 year of service • Availment is either continuous or staggered • Regardless of employment • Presented a Solo Parent ID • Filed the application for leave within reasonable time period
  • 71. PARENTAL LEAVE (RA No. 8972 otherwise known as SOLO PARENTS’ WELFARE ACT OF 2000) 71 Requirements: 1. Duly Accomplished Form 6 2. Solo Parent ID 3. Birth Certificate, if necessary
  • 72. REHABILITATION LEAVE (CSC-DBM Joint Circular No. 01, s. 2006) 72 Officials and employees may be entitled for a maximum of six (6) months provided that: • Wounds and/or injuries sustained while in the performance of official duties • Must be recommended by a medical authority • May be continuous or intermittent
  • 73. REHABILITATION LEAVE (CSC-DBM Joint Circular No. 01, s. 2015) 73 • Injuries from accidents while the official or employee is going to work and going home from work may be considered sustained while in the performance of official duties • Agency heads, in the exercise of sound discretion, shall examine and consider the prevailing factors/conditions
  • 74. REHABILITATION LEAVE (CSC-DBM Joint Circular No. 01, s. 2015) 74 Requirements: 1. Duly Accomplished Form 6 2. Medical Certificate from attending physician or any competent government physician
  • 75. 10-day Leave under RA 9262 (Anti-Violence Against Women and their Children Act of 2004) 75 Any Women employee in the government service regardless of employment status whose: • A victim of violence as defined under sec. 3 of the RA 9262 • Whose child is a victim of violence as defined therein and whose age is below 18 or above 18 but unable to take care of himself/herself • The 10 day leave can be availed of in a continuous or intermittent manner
  • 76. 10-day Leave under RA 9262 (Anti-Violence Against Women and their Children Act of 2004) 76 Requirements: 1. Duly Accomplished Form 6 2. Police Blotter, BPO, PPO, TPO or any document showing occurrence of violence 3. Birth Certificate of the child, as the case maybe
  • 77. Other Benefits Special Leave Benefits for Women (RA 9710-Magna Carta of Women) 77 • Women employee having rendered continuous aggregate employment service of at least 6 months for the last 12 months • 2 months leave with full pay based on her gross monthly compensation following surgery caused by gynecological disorders
  • 78. Other Benefits Special Leave Benefits for Women (RA 9710-Magna Carta of Women) 78 Requirements: 1. Duly accomplished Form 6 2. Medical Certificate from the attending physician or operative record from a hospital
  • 79. Other Benefits Special Emergency Leave Affected by Natural Calamities/Disasters-CSC MC 2, s.2012 79 • 5-day emergency leave shall be granted • It can be applied for 5 straight working days or on staggered basis • Can be availed of by the affected employee within 30 days from the 1st day of calamity declaration by proper government authority
  • 80. Other Benefits Special Emergency Leave Affected by Natural Calamities/Disasters-CSC MC 2, s.2012 80 Requirements: 1. Duly Accomplished Form 6 2. Resolution from a proper government authority declaring the State of Calamity
  • 81. Study Leave 81 Employee shall be selected for Study Leave based on the following: • Graduated with a bachelor’s degree which requires the passing of government bar and board examinations • Field of study to be pursued is relevant to the employees duties and responsibilities • Permanent employee • At least 2 years in service for Non Teaching and 7years for Teaching with at least VS Rating
  • 82. Study Leave 82 • No pending administrative and criminal charges • Must not have any current foreign or local scholarship grant • Must fulfill the service obligation of any previous scholarship and training contract • If the teacher fails to pass at least 75% of his courses, he shall refund the amount paid
  • 83. Study Leave 83 • Period of Service Obligation: 1 month = 6 months 1 year 2 years 2-3 months = More than 3mos. to 6 months =
  • 84. Study Leave 84 Requirements: 1. Letter to the School Head 2. Endorsement by the School Head to SDS 3. Certification from the School Head that someone will take over the loads of the teacher 4. Contract Agreement between the teacher and DepEd indicating the rendition of service corresponding to the length of study leave
  • 85. Study Leave 85 Requirements: 5. Permit to Study 6. Medical Certificate for purposes of Study Leave 7. District/School and Division Clearance 8. Administrative Clearance
  • 86. FILING OF APPLICATION FOR LEAVE 86 • Sick leave must be filed within 3days from the date of return to work • Other types of leave should be filed in advance, whenever possible 5days before the intended absence
  • 87. What is the effect of an absence without approved leave?
  • 88. • An official or employee who is absent without approved leave for at least 30 working days shall be considered on absence without official leave (AWOL) and shall be separated from the service or dropped from the rolls without prior notice. ABSENCE WITHOUT OFFICIAL LEAVE
  • 89. • However, when it is clear under the obtaining circumstances that the official or employee concerned, has established a scheme to circumvent the rule by incurring substantial absences though less than 30 days 3x in a semester, such that a pattern is already apparent, dropping from the rolls without notice may likewise be justified. ABSENCE WITHOUT OFFICIAL LEAVE
  • 90. ABSENCE WITHOUT OFFICIAL LEAVE • not entitled to salary but absence not deducted from accumulated leave credits • AWOL for 30 working days, dropped from the rolls WITHOUT PRIOR NOTICE; • However, when it is clear under the obtaining circumstances that the official or employee concerned, has established a scheme to circumvent the rule by incurring substantial absences though less than 30 working days 3 times in a semester, such that a pattern is already apparent, dropping from the rolls without prior notice may likewise be justified [CSC MC No. 13, d. July 25, 2007]
  • 91. • If AWOL for less than 30 working days, written RETURN-TO-WORK ORDER to last known written address on record should be served Failure to report, valid ground for dropping from the rolls. ABSENCE WITHOUT OFFICIAL LEAVE
  • 92. • Issue: Whether or not an employee who had been arrested & detained in jail may be declared on AWOL. Ruling: No. His/her services are automatically suspended during the period of his/her detention, hence, there could be no basis to declare him on AWOL. [CSC Res. No. 991879, dated Aug. 23, 1999; Nelda Q. Norona] ABSENCE WITHOUT OFFICIAL LEAVE
  • 93. KINDS OF LEAVE BENEFITS • SICK LEAVE for non teaching and teaching • TEACHER’S LEAVE thru the grant of service credit • VACATION LEAVE for non teaching • SPECIAL PRIVILEGE LEAVE for non teaching • FORCED LEAVE for non teaching • MATERNITY LEAVE
  • 94. • PATERNITY LEAVE • REHABILITATION PRIVILEGE • STUDY LEAVE • SPECIAL EMERGENCY LEAVE (Natural Calamities/Disasters) KINDS OF LEAVE BENEFITS
  • 95. • PARENTAL LEAVE TO SOLO PARENTS [RA 8972; Solo Parents’ Welfare Act of 2000] • TEN-DAY LEAVE UNDER RA 9262 [Anti-Violence Against Women & Their Children Act of 2004] • SPECIAL LEAVE BENEFITS FOR WOMEN UNDER RA 9710 [An Act Providing for the Magna Carta of Women] KINDS OF LEAVE BENEFITS
  • 96. Requirements for Travel Abroad 96 For Personal Business: 1. Indorsement of the SDS 2. Basic letter request of the employee which contains date of travel, country of destination and purpose of travel 3. Duly Accomplished Form 6 4. Certification of No Pending Administrative Case 5. Clearance from all money and/or property responsibility using CSC standard template 6. Certification from the School Head that somebody is assigned to handle the class 7. OIC-Designation/ Special Order from SDS in the case of PSDS/School Head
  • 97. MONETIZATION (for Non Teaching and Teaching Related) 12 November 2022 DepEd Northern Samar Division 97 • Officials and employees in the career and non-career service who have an accumulated 15days vacation leave credits shall be allowed to monetize a minimum of 10days • At least 5days should be retained after monetization
  • 98. MONETIZATION 98 • Regular – monetization of vacation leave credits for a minimum of 10days and a maximum of 30days in a given year • Special – monetization of 50% or more vacation/sick leave credits which maybe allowed for valid and justifiable reasons, such as: 1. Health, medical and hospital needs
  • 99. MONETIZATION 99 2.Financial aid and assistance brought about by force majeure events 3. Educational needs 4. Payment of mortgages and loans 5. In cases of extreme financial needs 6.Other analogous cases as may be determined by the Commission
  • 100. NOTICE OF STEP INCREMENT 100 • For step increment due to meritorious performance, it shall be limited to five percent (5%) of all incumbent officials and employees in an agency. • For step increment due to length of service, it shall be granted every three (3) years of continuous satisfactory service in the present position
  • 101. EMPLOYEE CONCERNED UP TO 59 CALENDAR DAYS 60 DAYS AND ABOVE RECOMMENDING APPROVAL RECOMMENDING APPROVAL TEACHER School Head ASDS School Head SDS SCHOOL HEAD PSDS/PIC ASDS PSDS/PIC SDS PSDS/PIC CID Chief ASDS CID Chief SDS 101 SIGNING AUTHORITIES FOR FORM 6 (DM No. 247, s. 2018)
  • 102. SIGNING AUTHORITIES FOR TRAVEL ORDER (DO 22, s. 2019) 102 DESTINATION EMPLOYEE CONCERNED RECOMMENDING OFFICIAL APPROVING OFFICIAL Within Pasay City School Head Teachers ASDS - SDS School Head Outside Pasay City but within the Region School Head Teachers ASDS School Head SDS SDS Outside the Region but within the Country School Head Teachers ASDS School Head SDS SDS Outside the Country School Head Teachers SDS Asec (CO)
  • 103. UPDATES AND REMINDERS: • DepEd Order No. 22, S. 2019 • DepEd Order No. 23, s. 2018 • DepEd Order No. 9, s. 2005 as enunciated in DA no. 7. 2019 and DM No. 062, s. 2018 • DM No. 247, s. 2018 – Signing Authorities for Financial and Administrative Matters (spelled out the attachments to DTR) • DM No. 347, 2. 2016 – Policy on Filing of Requests for Deduction/Stoppage/Adjustment • NM-2018-379 – Discouraging Teachers to Follow-up Concerns and Other Official Matters (at the Regional Office)
  • 104. 104