Question Step increment

Sir/Madam:

This query pertains to the effect of STEP INCREMENT with regard to the suspension of employee for more than 3 month (i.e., penalty of suspension of 6 months and 1 day). Pursuant to Civil Service Commission and Department of Budget and Management Joint Circular No. 1, S. 2012 dated September 3, 2012, in re: Rule sand Regulations on the Grant of Step Increment/s Due to Meritorious Performance and Step Increment Due to Length of Service, Item 6.3 provides: the grant of step increment to an official or employee on leave of absence with or without pay for more than three (3) months shall be deferred corresponding to the period of such absence/non-performance of actual duties and responsibilities of his/her position to complete the service and performance rating requirements.

In view of the foregoing circular, the following questions were asked to shed the light on issue concern:

1. Is the suspension of employee for six months and 1 day is cover by the said circular? if not, what particular circular is applicable to be used as a basis for grant or denial of STEP INCREMENT?
2. If the service of an employee affects because of the suspension, what is the reckoning period for the computation of 3-year period for the grant of STEP INCREMENT? Is the period will start again from day 1 upon return to work after suspension? or the period will only be deferred corresponding to the suspension of six (6) months and one (1) day.
3. Is the STEP INCREMENT in view of the continuity of the service, a matter of right or a matter of discretion on the part of the head of Agency?

I am very much confident to answer my query or at least given attention to this query.

Thank you.

Dear Sir Erwin:

Thank you for using the CSC Legal Forum.

You query pertains to the effect of STEP INCREMENT with regard to the suspension of employee for more than 3 months pursuant to Civil Service Commission and Department of Budget and Management Joint Circular No. 1, S. 2012 dated September 3, 2012, in re: Rule sand Regulations on the Grant of Step Increment/s Due to Meritorious Performance and Step Increment Due to Length of Service.

To answer all your questions, may we invite you to CSC DBM JMC No. 1, s. 2012 which provides: “One (1) step increment shall be granted to officials and employees for every three (3) years of continuous and satisfactory service in the position.”

The fore-quoted provision is clear that in the grant of a one (1) step increment based on length of service, an official or employee must have rendered three (3) years of continuous satisfactory service in his position. In determining whether the government service is considered continuous or broken as a result of the imposition of the penalty of suspension in an administrative case, relevant is Section 56 (c), Rule 10 of the 2017 Rules on Administrative Cases in the Civil Service which provides, as follows:

"Section 56. Duration and effect of administrative penalties. – The following rules shall govern in the imposition of administrative penalties:
“c. The penalty of suspension shall result in the temporary cessation of work for a period not exceeding one (1) year.

“Suspension of one day or more shall be considered a gap in the continuity of service. During the period of suspension, respondent shall not be entitled to all money benefits including leave credits."

In your example, the 6 months and 1 day suspension imposed upon the subject employee interrupted the continuity of his government service at the commencement of the service of the said suspension. The person under penalty of suspension is not rendering actual service. 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. The suspension is considered a gap in the continuity of the service for purposes of the computation of the three (3)-year period in the grant of step increment.

The computation of the three-year service requirement for the grant of step increment should only be extended by the number of days that said employee was under suspension. Otherwise stated, the grant of step increment will only be delayed by the same number of days that the subject employee was under suspension.

As to your last question, the grant of step increment was provided for by a national legislation, RA 6758, it is a matter of right.

We hope to have enlightened you on the matter.

Sir/Madam:
I am from the Department of Justice. I would like to inquire on a few matters stated herein.
1. What type/s of Leave are included/counted in these J.C.?
2. Our Prosecutors are enjoying 30 days Wellness Leave, does this count on number 1?
3. Is the 90 days, continuous or aggregate?
4. Is it really counted as sum of the leave with and without pay?


Thank you very much.

Chris
Department of Justice

Hello Action Officers, Just want to ask the impact of 105 days of Expanded Maternity Leave on the Step Increment due to length of service, are we going to adjust in reference on CSC DBM Joint Circular No. 1, s. 2012 (part 6.3 The grant of step increment to an official or employee on leave of absence with or without pay for more than 3 months shall be deferred corresponding to...) since the 105 days paid leave is more than 3 months would this be possible that we adjust the Step Increment of the official or employee?
Hoping for your feedback about this inquiry.
Thank you.

Dear Mr. Christopher
Department of Justice

This refers to your following queries (i) what type of leave referred to under Civil Service Commission (CSC) and Department of Budget and Management (DBM) Joint Circular No 1, s. 2012, and (ii) whether the three (3)-month period of leave of absence is continuous and said leave includes both with pay and without pay.

Please be informed that the Commission does not render opinions or rulings on issues that may eventually be the subject of a complaint or appeal before it. This is so especially when there are material facts necessary to the judicious adjudication of the issue which are not fully represented or substantiated as in this case.

Nonetheless, your attention is invited to Sections 28 of the Omnibus Rules on Leave which defined actual service, as follows:

“Sec. 28. Actual service defined. – the term “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.

"Leave of absence without pay for any reason other than illness shall not be counted as part of the actual service: Provided, that in computing the length of service of an employee paid on the daily wage basis, Saturdays, Sundays or holidays occurring within a period of service shall be considered as service although he did not receive pay on those days inasmuch as his service was not then required."

While Items 6.0, 6.1 and 6.3 of CSC and DBM Joint Circular 1, s 2012 provides, as follows:

“6.0. Grant of Step Increment Due to Length of Service

“6.1 One (1) Step Increment Due to Length of Service shall be granted to qualified personnel for every three (3) years of continuous satisfactory service in the present position in the same
agency may include the period/s rendered by an incumbent as follows:

x x x

“6.3 The grant of step increment to an official or employee on leave of absence with or without pay for more than three (3) months shall be deferred corresponding to the period of such absence/non-performance of actual duties and responsibilities by his/her position to complete the service and performance rating requirements.”

As to your first query, it covers approved Vacation Leave (VL) without pay or with pay for more than three (3) months. On the matter of your second query, said period must be continuous as the grant of step increment to an employee/official requires that he/she rendered three (3) years of continuous and satisfactory government service.

We hope we have assisted you on the matter. Thank you.