Question Maternity leave

Hi po. This pertains to expanded maternity leave which provides that a pregnant female worker in the governmenf service, regardless of employment status and length of service, may avail of maternity leave.

Can you elaborate regardless of employment status. Entitled po ba ng maternity leave ang job orders?

Thank you

Under CSC MC No. 5, s. 2021, Amendment to Omnibus Rules on Leave, particularly Section 11 thereof, the grant of maternity leave shall be extended to every female employee in the government service, regardless of civil status, employment status, length of service and legitimacy of the child, in addition to her vacation and sick leave credits earned. The maternity leave period shall be 105 days with full pay for live childbirth regardless of whether the mode of delivery is normal or caesarian.

In the same MC, the following terms were defined, thus:

Government employee refers to a person in government service who, in accordance with existing laws, rules and regulations, hold public office by virtue of an appointment issued by the proper appointing officer/authority or by way of election in National Government Agencies (NGAs), Local Government Units (LGUs), Government-Owned or -Controlled Corporations (GOCCs) with original charters, State Universities and Colleges (SUCs), or Local Universities and Colleges (LUCs).

Employment status refers to the status of appointment. It may be permanent, temporary, provisional, coterminous, fixed term, substitute, casual or contractual.

Relatively, we emphasize that there is no employer-employee relationship in a Contract of Service /Job Order employment. Contract of Services/Job Orders is defined under Rule XI of CSC M.C. No. 40, s. 1998, Revised Omnibus Rules on Appointments and Other Personnel Actions, thus;

“RULE XI
“CONTRACT OF SERVICES/JOB ORDERS

“SEC. 1. Contracts of Service/Job Orders, as distinguished from those covered under Sec. 2 (e) and (f), RULE III of these Rules, need not be submitted to the Commission. Services rendered thereunder are not considered government services.

“SEC. 2. Contracts of Services/Job Orders refer to employment described as follows:

“a. The contract covers lump sum work or services such as janitorial, security, or consultancy services where no employer-employee relationship exist;

“b. The job order covers piece work or intermittent job of short duration not exceeding six months on a daily basis;

“c. The contracts of services and job orders are not covered by Civil Service Law, Rules and Regulations, but covered by COA rules;

“d. The employees involved in the contracts and job orders do not enjoy the benefits enjoyed by government employees, such as PERA, COLA and RATA.”

As above cited, services under COS is not considered government service and is not covered by Civil Service rules but covered by the rules of the Commission on Audit (COA).

Hence, as JO employees are not issued appointments but are covered by employment contracts and considering further that their services are not considered government service, they are excluded from the application of the law and rules on Expanded Maternity Leave.