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Question Gap in the Service

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Arabella
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6 years 10 months ago #113 by Arabella

Arabella created the topic: Gap in the Service

What is the legal implication, if any, of a gap in service?

Thank you.

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Action Officer
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6 years 10 months ago #122 by Action Officer

Action Officer replied the topic: Gap in the Service

In the Resolution No. 021564 dated December 17, 2002 issued by the CSC, you can apply by implication the ruling of the Commission, to wit:

In the instant case, the one (1) month suspension imposed upon the subject employee, therefore, effectively interrupted the continuity of his government service at the commencement of the service of the said suspension. This is so since the person under penalty of suspension is not rendering actual service. As defined by Section 28 of CSC Memorandum Circular No. 41, s. 1998 otherwise known as the Revised Omnibus Rules on Leave , 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.

Premises considered, it follows that a one-month suspension is undoubtedly 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. However, the same should not be construed to mean that an employee will only be entitled to the grant of said benefit after completing another three (3) years of continuous satisfactory service reckoned from the time he/she has fully served the penalty of suspension.

The Commission believes that 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.

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