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Question Disapproval of Forced Leave

  • Christine L Argete
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2 years 6 months ago #9216 by Christine L Argete
Christine L Argete created the topic: Disapproval of Forced Leave
An employee is on maternity leave of absence. Prior to her return to duty, she filed for a disapproval of her forced leave. But she was not able to return to duty because she has to extend her leave due to sickness, will the disapproval of her forced leave be granted even if she is on extended leave of absence ?

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2 years 6 months ago #9268 by Action Officer 23
Action Officer 23 replied the topic: Disapproval of Forced Leave
Good day Maam.

Please be informed that as a policy, the Commission does not render opinions/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, we will cite the pertinent provision/s under the Civil Service rules and applicable jurisprudence that will best answer your query/ies.

Section 25 of CSC Memorandum Circular No. 41, s. 1998 dated December 24, 1998 (Rules on Leave) provides, as follows: “Sec. 25. Five days forced/mandatory leave. – All officials and employees with 10 days or more vacation leave credits shall be required to go on vacation leave whether continuous or intermittent for a minimum of five (5) working days annually under the following conditions: (a) The head of agency shall, upon prior consultation with the employees, prepare a staggered schedule of the mandatory five-day vacation leave of officials and employees, provided that he may, in the exigency of the service, cancel previously scheduled leave. (b) The mandatory annual five-day vacation leave shall be forfeited if not taken during the year. However, in cases where the scheduled leave has been cancelled in the exigency of the service by the head of the agency, the scheduled leave not enjoyed shall no longer be deducted from the total accumulated vacation leave. (c) Retirement and resignation from the service in a particular year without completing the calendar year do not warrant forfeiture of the corresponding leave credits if concerned employees opted not to avail of the required five-day mandatory vacation leave. (d) Those with accumulated vacation leave of less than ten (10) days shall have the option to go on forced leave or not. However, officials and employees with accumulated vacation leave of 15 days who availed of monetization for 10 days, under Section 22 hereof (Monetization of Leave Credits), shall still be required to go on forced leave.”

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