ADVISORY!

The views and opinions expressed in this forum are those of the online action officers and not necessarily those of the Office for Legal Affairs or the Commission on CSC laws, rules and regulations. Also, be reminded that the views of the action officer is a mere advice that does not bind the office.

When posting, you agree that the administrator has the right to delete your posts or ban your account without prior warning in case of non-observance of any of the guidelines.
Guidelines to clients:

1. Please browse the frequently asked questions first to see if there are already the same or related questions that were asked on your query/ies;
2. Official response to issues shall be provided by the concerned office of the Commission, not through this forum;
3. Requests for the status of the case is not allowed in this forum;
4. Questions regarding the scheduled CSC examination will be deleted;
5. This forum is categorized according to subject matter. Please post your queries in appropriate category;
6. Post a descriptive topic name. Give a short summary of your problem/s;
7. No spam in this forum. Your posts will be deleted and your account will be banned without prior warning;
8. Refrain from posting pictures and offensive words or links. Violation of this rule shall give the administrator the right to delete your posts and ban your account without prior warning;
9. Please report to administrators if you see a user violating any of this guidelines;
10. Be respectful to the administrators and users; and
11. Please avoid text-message style substitution of words like “r” for “are” and “u” for “you”. If your message is difficult to understand the administrator shall inform you to rewrite your message.

Question Half-day Sick Leave

Start
Prev
1
Next
End

zyh
Topic Author

6 years 6 months ago #597 by zyh

zyh created the topic: Half-day Sick Leave

I am a non-teaching personnel of DepEd. I filed an application for HALF-DAY SICK LEAVE (morning) upon reporting to work in the afternoon. My application for sick leave was
disapproved per Division Memo citing CSC MC 16 and 17 s. 2010 which accordingly prohibit the filing of leave for half-day absence on account of sickness. Based on the same
Division Memo citing again MC 16 and 17 s. 2010, all absences in the morning are considered tardy and undertime for an afternoon absence. I argued that my absence was
due to sickness and not due to tardiness. In fact, I notified my immediate chief about my absence. Notice of Absence signed by the immediate chief with my medical certificate
were attached to my leave form and yet the application was still disapproved. I was also informed that I should write TARDY on my DTR for that specific morning absence.

May I be clarified on this matter. Thank you.

Please Log in or Create an account to join the conversation.

Action Officer 2
Offline

6 years 5 months ago #636 by Action Officer 2

Action Officer 2 replied the topic: Half-day Sick Leave

Section 53 of the Omnibus Rules on Leave provides that:

Sec. 53. Application for sick leave. - All applications for sick leave of absence for one full day or more shall be made on the prescribed form and shall be filed immediately upon employee's return from such leave. Notice of absence, however, should be sent to the immediate supervisor and/or to the agency head. Application for sick leave in excess of five (5) successive days shall be accompanied by a proper medical certificate.

Further, under CSC Memorandum Circular No. 17, s. 2010 dated August 6, 2010: (1) Any officer or employee who is absent in the morning is considered to be tardy and is subject to the provisions on Habitual Tardiness; and (2) Any officer or employee who is absent in the afternoon is considered to have incurred undertime, subject to the provisions on Undertime.

With regard to your query, if you did not report for work in the morning, but reported for work only in the afternoon, you are considered to incur one (1) count of tardiness. Thus, four (4) hours shall be deducted to your leave credits regardless whether you were absent due to sickness.

We hope we have clarified the matter.

Please Log in or Create an account to join the conversation.

zyh
Topic Author

6 years 5 months ago #639 by zyh

zyh replied the topic: Half-day Sick Leave

I thank you for the answer to my query. I understand that absence on account of tardiness and undertime are deducted against vacation leave credits. However, Sec 34 of the Omnibus Rules on Leave provides... Tardiness and undertime are deducted from vacation leave credits and shall not be charged against sick leave credits, unless the undertime is for health reasons supported by medical certificate and application for leave.
Had I been absent in the afternoon only (undertime) on account of illness (health reasons), does Sec. 34 mean that such undertime can be deducted against my sick leave credits? Does the same provision also suggest that half-day sick leave absence is allowed provided it is in the afternoon (undertime) supported by medical certificate and application for leave? What is the correct interpretation of this provision? Thanks.

Please Log in or Create an account to join the conversation.

Action Officer 9
Offline

6 years 5 months ago #649 by Action Officer 9

Action Officer 9 replied the topic: Half-day Sick Leave

Sir/Madam:
Thank you for using the legal forum. As regards your concerns we invite your attention to Section 34, CSC MC No. 41, s. 1998 which provides that:

“Tardiness and undertime are deducted from vacation leave credits and shall not be charged against sick leave credits, unless the undertime is for health reasons supported by medical certificate and application for leave.”

Based on the above-cited Section, you made the following inquiries:
1. Does Section 34 mean that such undertime can be deducted against your sick leave credits? and
2. Does the same provision also suggest that half-day sick leave absence is allowed provided it is in the afternoon (undertime) supported by medical certificate and application for leave?

As to your first query, undertime can be deducted against your sick leave credits. The said provision states a general rule that, “Tardiness and undertime are deducted from vacation leave credits and shall not be charged against sick leave credits”. It likewise state an exception to said general rule that, Tardiness and undertime could be deducted against sick leave credits provided that it is for health reasons, and provided further that it is supported by medical certificate and an application for leave.

As to your second query, half-day sick leave absence is allowed in the morning (tardiness) and in the afternoon (undertime) supported by a medical certificate and application for leave. Said Section does not distinguished whether said half-day sick leave pertains to tardiness or undertime. However, it should be for health reasons and must be supported by a medical certificate and an application for leave.

We hope we have answered your queries.

Please Log in or Create an account to join the conversation.

Start
Prev
1
Next
End