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Rule XVI of the Omnibus
Civil Service Rules |
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Text: Section 11. Conditions for the grant of maternity leave. Married women in the government service who have rendered an aggregate of two (2) or more years of service, shall, in addition to the vacation and sick leave granted them, be entitled to maternity leave of sixty (60) calendar days with full pay. Maternity leave of those who have rendered one (1) year or more but less than two (2) years of service shall be computed in proportion to their length of service provided, that those who have served for less than one year (1) year shall be entitled to 60-days maternity leave with half pay. It is understood that enjoyment of maternity leave cannot be deferred but should be enjoyed within the actual period of delivery in a continuous and uninterrupted manner not exceeding 60 calendar days. Section 12. Formula for the computation of maternity leave. Employees who have rendered less than two (2) years of service may only receive full pay for a number of days based on the ratio of 60 days to 2 years of service.
For example, an employee has rendered one year and six months of service:
Section 13. A married woman may be granted maternity leave more than once a year. Maternity leave shall be granted to female married employees in every instance of pregnancy irrespective of its frequency. Section 14. Married women may go on maternity leave for less than sixty (60) days. When an employee wants to report back to duty before the expiration of her maternity leave, she may be allowed to do so provided she presents a medical certificate that she is physically fit to assume the duties of her position. The commuted money value of the unexpired portion of the leave need not be refunded and that when the employee returns to work before the expiration of her maternity leave, she may receive both the benefits granted under the maternity leave law and the salary for actual services rendered effective the day she reports for work. Section 15. Maternity leave with pay may be granted even if delivery occurs just a few days before the termination of employee’s service. Maternity leave with pay may be granted even if the delivery occurs not more than 15 calendar days after the termination of employee’s service as her right thereto has already accrued. Section 16. Maternity leave of employee on extended leave of absence without pay. If already entitled, a woman employee can still avail of sixty (60) days maternity leave with pay even if she is on an extended leave of absence without pay. Section 17. Maternity leave of employee with pending administrative case. A married woman employee is entitled to maternity leave of absence with pay even if she has a pending administrative case. Section 18. Maternity leave of contractual employees. Married contractual employees whether or not receiving 20% premium on their salary shall be entitled to maternity leave benefits like regular employees in accordance with the provisions of section 11 hereof.
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