Question Flexitime

This is to inquire whether the implementation of Flexitime as Flexible Work Arrangement warrants a specific timeframe? While CSC Resolution No. 2200209 discusses Flexitime as FWA where employees are allowed to report between 7 a.m. to 7 p.m. provided they complete the required 40-hour workweek, however questions arise whether a specific timeframe to be included in the employee's request is necessary.

For instance, Employee "A" is seeking approval for Flexitime as his chosen FWA to cope with increased traffic resulting from the construction of MRT 7 along the usual route to the office. However, the employee failed to specify a particular time frame, such as 7 AM-4 PM or 10 AM-7 PM, to delineate their official time-in and time-off for work. May we and the subject employee interpret that the Flexible Work Arrangement (FWA) Policy that governs Flexitime to mean that as long as an employee fulfills 40 hours per week, irrespective of the specific time they clock in and out, as long as it falls within the 7 AM-7 PM window, the hours worked by the employee would be considered in compliance with the Flexitime intention and meet the required 40-hour work-week?

Hoping to hear from you soon

Dear Mr. James G:

This has reference to your query on whether an employee can choose a different working hours other than the required working hours of an agency which adopts Flexitime pursuant to CSC Resolution No. 2200209 (Policies on Flexible Work Arrangements in the Government).

Please be informed that as a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may later be the subject of an administrative proceeding before the Commission via an appeal or a complaint. This precludes the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues. This is so especially when there are material facts necessary to the judicious adjudication of the issues which are not fully represented or substantiated as in this case.

Nevertheless, we invite your attention to Section 6, Rule XVII (Government Office Hours), Omnibus Rules Implementing Book V of Executive Order No 292 and Other Pertinent Civil Service Laws which provide as follows:

“SEC. 6 Flexible working hours may be allowed subject to the discretion of the head of department or agency. In no case shall the weekly working hours be reduced in the event the department or agency adopts a flexi-time schedule in reporting for work.” (Emphasis supplied)

In CSC Resolution No. 22200209 promulgated on 18 May 2022 which was circularized in CSC Memorandum No. 06, s, 2022 dated 06 June 2022 reads:

V. POLICIES

A. General Requirements for Flexible Working Arrangements

[…]

“2. All agencies, including those adopting/implementing flexible work arrangements, shall ensure that their stakeholders are assured of continuous delivery of services from 8:00 AM to 5:00 PM, including lunch break, throughout the workweek. However, the implementation of such arrangements shall not prejudice the participation or involvement of their officials and employees in official activities of the agency.

3. Agencies shall formulate their internal guidelines on the flexible work arrangement/s they have adopted and implemented, which are appropriate/applicable to their mandate and functions and shall comply with the provisions of CSC-DOLE-DOH JMC No. 1, s. 2020 , to be submitted to CSC Regional Offices for records and reference purposes.

[…]

B. Parameters in the Implementation of Flexible Work Arrangement/s

5. Flexitime

5.1 Agencies may adopt flexible time for their government officials and employees provided that they shall render not less than a total of forty (40) hours a week for five (5) days a week, exclusive of time for lunch.

5.2 The working hours of agencies adopting flexitime shall start not earlier than 7:00 AM and end not later than 7:00 PM. Under this work arrangement, government officials and employees may choose their time to report for work (time-in) in the morning and time to leave the office (time-out) daily for the duration of the period subject to the approval of the agency/office head.

Heads of departments, offices and agencies shall, however, ensure that the public is assured of their frontline services from 8:00 AM to 5:00 PM, including lunch break.” (Emphasis supplied)

Based on the foregoing rules, agencies shall formulate their internal guidelines on the flexible work arrangement/s which are appropriate/applicable to their mandate and functions and shall comply with the provisions of CSC-DOLE-DOH JMC No. 1, s. 2020 and CSC Memorandum Circular No. 06, s. 2022. Accordingly, an employee’s request for a different working hours other than the flexible workings hours adopted and implemented by an agency, is subject to the approval of the agency's head and the same must be in accordance with the agency's internal guidelines on its FWA.

We hope to have assisted you on the matter.

Thank you.