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Question indefinite Leave

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wela
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6 years 4 months ago #768 by wela

wela created the topic: indefinite Leave

Good afternoon everyone!

I would like to seek your guidance regarding the filing of indefinite leave, are government employees allowed to file an indefinite leave?

Anticipating your response regarding this.

Thank you very much.

Wela:)

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Action Officer 9
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6 years 4 months ago #769 by Action Officer 9

Action Officer 9 replied the topic: indefinite Leave

December 7, 2017

Sir/Madam:

Thank you for using the legal forum. As to your request for guidance in filing of indefinite leave, please be informed that the Civil Service Rules and Regulations have no policy regarding indefinite leave. However, in cases of indefinite sick leave for public school teachers, the Commission referred to Republic Act (RA) No. 4670, or the Magna Carta for Public School Teachers. Section 25 of RA No. 4670 defines indefinite leave, to wit:

“Section 25. Indefinite Leave. An 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.”

Said RA does not provide the steps in filing the afore-cited sick leave. In this connection, the Civil Service Rule on Leave may be suppletorily applied. Thus, Sections 53 and 54 of CSC MC No. 41, s. 1998 (Omnibus Rules on Leave) provide, as follows:

“Section 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.

“Sick leave may be applied for in advance in cases where the official or employee will undergo medical examination or operation or advised to rest in view of ill health duly supported by a medical certificate.

“In ordinary application for sick leave already taken not exceeding five days, the head of department or agency concerned may duly determine whether or not granting of sick leave is proper under the circumstances. In case of doubt, a medical certificate may be acquired.

“Section 54. Approval of sick leave.- Sick leave shall be granted only on account of sickness or disability on the part of the employee concerned or of any member of his immediate family.
“Approval of sick leave, whether with pay or without pay, is mandatory provided proof of sickness or disability is attached to the application in accordance with the requirements prescribed under the preceding section. Unreasonable delay in the approval thereof or non-approval without justifiable reason shall be a ground for appropriate sanction against the official concerned.”

Should you have other concerns pertaining to Leave Policies, please refer your concern/s with the Human Resource Policies and Standards Office (HRPSO), the CSC Office who has the expertise in CSC Policies. Said Office is headed by Director IV Azcena P. Esleta with the following contacts: 1) Telephone No. - 02-951-4629; 2) Email Address - This email address is being protected from spambots. You need JavaScript enabled to view it.; and 3) Mailing Address: Human Resource Policies and Standards Office, Civil Service Commission, Batasan Hills, Diliman, Quezon City.

Please be guided accordingly.

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