Good day!
Please be informed that as a matter of policy, we do not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before it. This is especially so if the material facts necessary to a judicious adjudication of the issues are not fully presented or substantiated as in this case. Nevertheless, this Office will state the applicable rule on the matter.
As to the first question on whether the leave credits earned by an employee under temporary status may be accumulated, the following provisions of the Rules on Leave find application:
Section 1. Entitlement to leave privileges
In general, appointive officials up to the level of heads of executive departments, heads of departments, undersecretaries and employees of the government whether permanent, temporary or casual, who render work during the prescribed office hours, shall entitle to 15 days vacation and 15 days sick leave annually with full pay exclusive of Saturday, Sundays, Public Holidays, without limitation as to the number of days of vacation and sick leave that their accumulate. (Amended by CSC MC Nos. 41, s. 1998 and 14 s. 1999)
Section 36. Approval of terminal leave
Application for commutation of vacation and sick leave in connection with separation through no fault of an official or employee shall be sent to the head of department concerned for approval. In this connection, clearance from the Ombudsman is no longer required for processing and payment of terminal leave as such clearance is needed only for payment of retirement benefits. (Amended by CSC MC No. 41, s. 1998)
Section 37. Payment of terminal leave
Any official /employee of the government who retires, voluntarily resigns, or is separated from the service and who is not otherwise covered by special law, shall be entitled to the commutation of his leave credits exclusive Saturdays, Sundays and Holidays without limitation and regardless of the period when the credits were earned. (Amended by CSC MC No. 41, s. 1998)
Section 38. Period within which to claim terminal leave pay
Request for payment of terminal leave benefits must be brought within ten (10) years from the time the right of action accrues upon an obligation created by law. (Amended by CSC MC No. 41, s. 1998)
As to the question on whether the employee may still earn leave credits when he/she still continue the service even after the expiration of the appointment under temporary status, please be guided by the following provision under the Omnibus Rules on Appointment and Other Human Resource Actions, to wit:
Sec. 9. Employment Status. The employment status in the civil service shall be determined by the appointment issued, which can be any of the following:
b. Temporary — an appointment issued to a person who meets the education, experience and training requirements for the position to which he/she is being appointed to, except for the appropriate eligibility. A temporary appointment may only be issued in the absence of an applicant who meets all the qualification requirements of the position as certified by the appointing officer/authority. The appointment shall not exceed twelve months, reckoned from the date it was issued but the appointee may be replaced sooner if a qualified eligible who is willing to accept the appointment becomes actually available.
Sec. 21. In the case of temporary appointment, the twelve-month period of its effectivity shall be reckoned from the date of the issuance of the appointment and not from the date the appointee assumed the duties of the position.
Sec. 22. The services rendered by any person who was required to assume the duties and responsibilities of any position without an appointment having been issued by the appointing officer/authority shall not be credited nor recognized by the Commission and the payment of salaries and other benefits shall be the personal liability of the person who made him/her assume office.
We hope to have enlightened you on this matter.
