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Question Application of CSC MC No. 6 (s. 2022) - Flexible Work Arrangement in Government

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1 year 11 months ago #11088 by CBG, Jr.
CBG, Jr. created the topic: Application of CSC MC No. 6 (s. 2022) - Flexible Work Arrangement in Government
A government employee is a close contact of a household member (child) who is a confirmed Covid 19 positive patient. The patient continues to live with the government employee at home but observes health protocol (i.e. separate room and separate bath room, etc). Can the government employee be allowed to work from home? Considering that the government employee is still able to perform his regular work assignment at home, should she/he be required to go on sick leave? If she/he does not avail of sick leave, should she/he be required to report physically to work? Thanks.

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1 year 11 months ago #11089 by Action Officer
Action Officer replied the topic: Application of CSC MC No. 6 (s. 2022) - Flexible Work Arrangement in Government
Good day Sir/Madam:

Please be informed that as a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may later be a subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Anent your query, we invite your attention to CSC MC No. 2, s. 2022 (Amendment to the Revised Interim Guidelines on the Use of Leave Credits for Absences Due to Quarantine and/or Treatment of COVID-19) which provides that:

“All officials and employees in the public sector who are identified as close contact of any of the following shall undergo the required quarantine in their homes, agency-supported accommodation, or designated quarantine facility, subject to the prevailing IATF-EID and/or
DOH guidelines:

a. probable case;
b. confirmed COVID-19 case; and
c. inbound international travelers.”

In addition, 3.5 Item 3 states that, “absence from work for every instance of the required quarantine period, isolation and/or treatment for COVID-19 shall be considered as excused absence (required quarantine leave, isolation and/or COVID-19 treatment leave) subject to the provisions of 3.7 hereunder, for government officials and employees who are infected or identified as close contacts of a suspect, probable and/or confirmed cases of COVID-19 while in the performance of their official functions (onsite or WFH arrangement) and underwent the required quarantine period, isolation and/or treatment for COVID-19”.

On the other hand, 3.5 Item 4 further states that for “government officials and employees who are infected or identified as close contacts of a suspect, probable and/or confirmed cases of COVID-19 due to personal activities and underwent the required quarantine period, isolation and/or treatment for COVID-19, their absence from work for every instance of the required quarantine period shall be considered as excused absence (required quarantine leave) subject to the provisions of 3.7 hereunder. However, the period of their isolation and/or treatment shall be considered sick leave chargeable against their leave credits, if any. For personal activities in violation of IATF-EID protocols, absence from work for the required quarantine period*, isolation and/or treatment of COVID-19, shall be considered as sick leave chargeable against their leave credits, if any.”

Lastly, 3.7 of the above-mentioned MC provides that, “government officials and employees who are identified as close contacts of suspect, probable and/or confirmed case of COVID-19 or those asymptomatic and underwent the required quarantine while waiting for the result of the swab test administered upon him/her or completing the required quarantine as prescribed by the IATF-EID
and/or DOH may be required to adopt a Work-from-Home arrangement depending on the nature of work of the employee pursuant CSC MC No. 18 s. 2020.”

We hope that we were able to answer your query.

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1 year 11 months ago #11090 by Action Officer
Action Officer replied the topic: Application of CSC MC No. 6 (s. 2022) - Flexible Work Arrangement in Government
Good day Sir/Madam:

Please be informed that as a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may later be a subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Anent your query, we invite your attention to CSC MC No. 2, s. 2022 (Amendment to the Revised Interim Guidelines on the Use of Leave Credits for Absences Due to Quarantine and/or Treatment of COVID-19) which provides that:

“All officials and employees in the public sector who are identified as close contact of any of the following shall undergo the required quarantine in their homes, agency-supported accommodation, or designated quarantine facility, subject to the prevailing IATF-EID and/or
DOH guidelines:

a. probable case;
b. confirmed COVID-19 case; and
c. inbound international travelers.”

In addition, 3.5 Item 3 states that, “absence from work for every instance of the required quarantine period, isolation and/or treatment for COVID-19 shall be considered as excused absence (required quarantine leave, isolation and/or COVID-19 treatment leave) subject to the provisions of 3.7 hereunder, for government officials and employees who are infected or identified as close contacts of a suspect, probable and/or confirmed cases of COVID-19 while in the performance of their official functions (onsite or WFH arrangement) and underwent the required quarantine period, isolation and/or treatment for COVID-19”.

On the other hand, 3.5 Item 4 further states that for “government officials and employees who are infected or identified as close contacts of a suspect, probable and/or confirmed cases of COVID-19 due to personal activities and underwent the required quarantine period, isolation and/or treatment for COVID-19, their absence from work for every instance of the required quarantine period shall be considered as excused absence (required quarantine leave) subject to the provisions of 3.7 hereunder. However, the period of their isolation and/or treatment shall be considered sick leave chargeable against their leave credits, if any. For personal activities in violation of IATF-EID protocols, absence from work for the required quarantine period*, isolation and/or treatment of COVID-19, shall be considered as sick leave chargeable against their leave credits, if any.”

Lastly, 3.7 of the above-mentioned MC provides that, “government officials and employees who are identified as close contacts of suspect, probable and/or confirmed case of COVID-19 or those asymptomatic and underwent the required quarantine while waiting for the result of the swab test administered upon him/her or completing the required quarantine as prescribed by the IATF-EID
and/or DOH may be required to adopt a Work-from-Home arrangement depending on the nature of work of the employee pursuant CSC MC No. 18 s. 2020.”

We hope that we were able to answer your query.

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