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Question Leave of absence (flexible working hours)

  • Ailyn Mae C. Monteza
  • Ailyn Mae C. Monteza's Avatar Topic Author
3 years 8 months ago #8005 by Ailyn Mae C. Monteza
Ailyn Mae C. Monteza created the topic: Leave of absence (flexible working hours)
good day!

as stipulated under the following provisions of Rule XVI of the Omnibus Rules Implementing Book V of Executive Order No. 292:
Sec.30 which stated that "Employees observing flexible hours who render less than the usual 8 hours of work per day but complete the 40 hours of work in a week, shall be deducted from their leave credits only the number of hours required to be served for a day but which was not served. any absence incurred must be charged in proportion to the number of hours required for a day's work. the number of hours to be served for a day refers not to the 8 regular hours but to the number of hours covered by the corehours prescribed in the agency concerned" and
Sec.34 which states that "Tardiness and under time are deducted from vacation leave credits and shall not be charged against sick leave credits, unless the under time is for health reasons supported by medical certificate and application for leave", may we have the following queries:

1. For employee who is observing a flexible working hours, incase on a scheduled day in which he is required to render only to work for a half-day (afternoon), can he avail for a sick leave for not reporting to work in the afternoon in case of health reason or a Vacation Leave if not for health reason? or he must file an undertime permit attached with medical certificate and application for leave considering that any officer or employee who is absent in the afternoon is considered to have incurred undertime?

2. Incase on a scheduled day in which he is required to render only to work for a half-day (morning), can he avail for a sick leave for not reporting to work in the morning in case of health reason or a Vacation Leave if not for health reason? or will it be automatically be deducted from his Vacation Leave credit considering that employee who is absent in the morning is considered to be tardy?

3. Generally, can an employee avail for a 4-hours Sick Leave?

On the other hand, in availing the Special Leave Privilege, can an employee also be allowed to avail only 4-hours of SLP in one application as long as it will not exceed the total 3 days (24 hours) per year?

Thank you very much and more power!

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3 years 7 months ago #8021 by Action Officer
Action Officer replied the topic: Leave of absence (flexible working hours)
Good day! Before answering your queries, please be informed that as a matter of policy, the Commission does not render opinions or rulings on issues that may eventually be the subject of court litigation or appeal before it. This is especially so if the material facts necessary to a judicious adjudication of the issues are not fully presented or substantiated as in this case.

Nonetheless, as regards your first query, an employee who is on half day absence in the afternoon shall be considered being on undertime. There is no requirement for the employee to file a leave of absence, as the number of hours he/she is on undertime will automatically be deducted from his/her leave credits.

As to the second question, if the employee failed to report for work in the morning, he/she shall also be considered tardy and the number of hours he/she is tardy shall be deducted from his/her leave credits.

In response to the third and fourth queries, an employee is required to file (sick and SPL) leave applications to cover an entire day of absence and not a half day absence.

We hope to have enlightened you on the matter.
The following user(s) said Thank You: Ailyn Mae C. Monteza

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