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Question Terminal Pay

2 years 3 months ago #11016 by ROWENA N. VILLA
ROWENA N. VILLA created the topic: Terminal Pay
, Good day

We would like to query regarding our coterminous employees who have been reemployed without any gap in the service. For example

Coter ee no. 1 - end of term effective March 8, 2022 - was rehired effective March 9, 2022- with change (decreased) of basic salary upon reemployment.

Can he file for a terminal leave benefit from the period of his first appointment?

Thank you.

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2 years 2 months ago #11022 by Action Officer
Action Officer replied the topic: Terminal Pay
2 Dear Rowena,

Thank you for using CSC Online Forum!

Please be informed that as a matter of policy, this Commission does not render opinion/ruling on issues that may eventually be a subject of a complaint or appeal before it.

Nevertheless, pertinent to your query is Section 35 and 37 of the Omnibus Rules on Leave (CSC Resolution No. 98-3142 dated December 14, 1998) which provides, as follows:

Section 35. Terminal leave. Terminal leave is applied for by an official or an employee who intends to sever his connection with his employer. Accordingly, the filing of application for terminal leave requires as a condition sine qua non, the employee’s resignation, retirement or separation from the service without any fault on his part. It must be shown first that public employment cease by any of the said modes of severance.

Section 37. Payment of terminal leave. Any official/employee of the government who retires, voluntarily resigns or is separated from the service through no fault of his own, and who is not otherwise covered by special law, shall be entitled to the commutation of his leave credits exclusive of Saturdays, Sundays and Holidays without limitation and regardless of the period when the credits were earned.

Hope to have guided you on the matter.

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