Leave Benefits of PNP Personnel
Leave Benefits of PNP Personnel
Under
existing laws, rules, and regulations, PNP personnel are entitled to avail of
the different leaves granted to PNP personnel (Ref: PNP MC No. 2017-008 dated
February 2, 2017 and CSC DBM Joint Circular No. 02, s. 2015).
Leave of Absence
It is a right granted to officials and employees not to report for work with or without pay as may be provided by law and as the rules prescribed in the Omnibus Rule on Leave (Ref: Omnibus Rules on Leave, PNP MC No 2017-008 and House Bill No. 1305)
Republic Act (RA)
No. 11210 or the Expanded
Maternity Leave Act not only gives mothers up to 105 days or 3 months days
of maternal leave, it also entitles fathers to 14 days of paid leave. Article
II, Section 6, of the new law allows any female worker who will avail of
maternity leave to transfer up to 7 of her 105 days of paid leave to the
child’s father, whether they are married or not.
In
effect, this measure increases the number of paternity leave to 14 days from
the existing 7 days under RA 8187 or the Paternity Leave Act of 1996. (Ref:
https://bit.ly/2OYQTCv)
NOTE: * – Deductible from CAL
GENERAL GUIDELINES IN
FILING LEAVE OF ABSENCE
a.)
PNP personnel, whether permanent or temporary, who render work, after 1 year
shall be entitled to 15 days vacation and 15 days sick leave with full pay,
exclusive of Saturdays, Sundays and holidays;
b.)
Vacation and sick leaves shall be cumulative and any part thereof, which may
not be taken within the calendar year in which earned, may be carried over the
succeeding year. Whenever any PNP personnel retires or voluntarily resigns, or
is allowed to resign or be separated from the service through no fault of his
own, shall be entitled to the commutation of all accumulated vacation/sick
leaves to his credit provided his leave benefits are not covered by special
law;
c.) Uniformed PNP personnel are only allowed thirty (30) days vacation leave in a year excluding Saturdays, Sundays and Holidays regardless of the number of accumulated leave credits;
d.)
PNP personnel shall be required to go on vacation leave for a minimum of five
(5) working days annually which need not be successive (mandatory leave). The
annual five (5) days mandatory leave shall be forfeited if not taken during the
year. However, in cases where the scheduled leave has been cancelled in
the exigency of the service by the Head of office/unit, the scheduled leave
shall no longer be deducted from the total accumulated vacation leave;
e.)
PNP personnel who are absent for at least thirty (30) days without
approved leave are considered on Absence Without Official Leave (AWOL) and
shall be dropped from the service upon due notice;
f.)
Leave without pay not exceeding one year may be granted in addition to the
vacation and/or sick leave earned. Leave without pay shall not be granted
whenever a personnel has leave with pay to his/her credit, except in the case
of secondment;
g.) Married women in the PNP who have rendered two years or more of continuous service shall, in addition to the vacation and sick leaves granted to them, be entitled to maternity leave of one hundred five (105) days including Saturdays, Sundays and Holidays with full pay; Married men in the PNP are entitled to seven (7) to fourteen (14) days paternity leave excluding Saturdays, Sundays and Holidays, in addition to the vacation and sick leave granted to them;
h.)
All travels abroad for purposes of training, education, study grant observation
tour, seminar, and the like arising from personal invitations from foreign
agencies or/are sponsored by the host organization, company, university, and
other private agencies or individuals shall be treated as a personal
leave/undertaking of the personnel concerned and should not involved
government or PNP funds, whatsoever. However, any travel relative to the
invitation shall still be on government expense by way of his leave with pay.
As such the personnel concerned shall be covered by existing regulations on
additional contractual service with the government (PNP MC 99-002);
i.)
Study leave for the purposes of taking professional examinations such as Bar
Exams, Medical Board Exams, etc., should be availed only once and not on a
continuing basis until the personnel concerned passes the examination;
j.)
The mere filling of application for leave does not entitle the personnel
concerned to immediately go on leave. Any personnel who absents himself from
work without an approved leave shall be marked AWOL and be dropped from the
rolls or be administratively charged for neglect of duty;
k.) All applications for leave, say in cases of sick or maternity leave, should reach the approving authority before the effective date of the leave. Otherwise, it shall be considered disapproved and shall be returned to the applicant without prejudice to any disciplinary action against those who may be responsible for the delay of its processing.
Types of Leave
1. Vacation Leave (Local and Abroad) [Deductible]
Leave of absence of personnel for personal reasons, the approval of which is contingent upon the necessity of the service; submitted on the prescribed form for action by the proper head of office/unit five (5) days in advance, or whenever possible, of the effective date of such leave (local); grant of vacation leave shall be at the discretion of the head of office/unit; and pending formal administrative charges against them, no vacation leave with pay shall be granted to the respondent(s) during the pendency of the case.
2. Sick Leave [Deductible]
Ø refers to leave of
absence granted to PNP personnel on account of sickness or disability and
any relative living under the same roof and dependent upon the personnel
for support;
Ø made on the prescribed
form and shall be filled immediately upon personnel’s return from such leave;
Ø Notice of absence in writing, however, shall be
sent to the immediate supervisor and/or to the unit/office head;
Ø in excess of five (5) successive days shall be
accompanied by a proper medical certificate;
Ø may be applied for in advance in cases where personnel will undergo medical examination or operation or advised to rest in view of ill health duly supported by a medical certificate; and
Ø not exceeding five days, in case of doubt, a medical certificate is required.
3.
Maternity Leave [Non-deductible]
Refers
to leave of absence granted to married female PNP personnel legally
entitled thereto in addition to vacation and sick leave. The primary intent or
purpose of granting maternity leave is to extend working mother some
measures of financial help and to provide her a period of rest and recuperation
in connection with her pregnancy;
Married
women in the PNP 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 one hundred five (105) 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 (1) year shall be
entitled to 105 days maternity leave with half pay.
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 105 calendar days.
4.
Paternity Leave [Non-deductible]
Granted
to married male PNP personnel allowing him not to report for work for seven
(7) to fourteen (14) days while continuing to earn the compensation, on the
condition that his legitimate spouse has delivered a child or suffered a
miscarriage, for purposes of enabling him to effectively lend care and support
to his wife before, during, and after childbirth as the case may be and assist
in caring for his newborn child;
Entitled
to paternity leave of 7-14 days for the first four (4) deliveries of his
legitimate spouse with whom he is cohabiting;
The
first of the 4 deliveries shall be reckoned from the effectivity of the
Paternity Leave Act on July 15, 1996;
Married male
personnel shall entitled to avail of paternity leave for an absolute maximum of
four deliveries; and Paternity leave of 14 days shall be non-cumulative and
strictly non-convertible to cash. The same may be enjoyed in a continuous or in
an intermittent manner.
5.
Special Privilege Leave [Non-deductible]
Refers
to leave of absence which personnel may avail of for a maximum of 3 days annually
over and above the vacation, sick, maternity, and paternity leaves to mark
personal milestones, parental obligation, personal transaction and/or attend to
filial and domestic responsibilities, calamity, accident, hospitalization
leave;
Personnel
can still avail of his birthday or wedding anniversary leave if such
occasion falls on either a Saturday, Sundays or holidays either before
or after the occasion;
No longer required to
show proof;
3-day limit a year; it can be combined to other types of leave. Non-cumulative and non-commutative; and must be process at least 1 week prior to its effectivity, except on emergency cases.
6.
Forced/Mandatory Leave [Deductible]
Ø 5 working days
annually
Ø Head of office/unit
shall, upon consultation with the personnel, prepare a staggered schedule every
year
Ø Head of Office/Unit
are authorized to cancel the scheduled mandatory leave when the service
requires so;
Ø shall be forfeited if not taken during the year
Ø If cancelled and not enjoyed it will not be deducted from the accumulated leave which requires certification from Head of Office/Unit
7.
Relocation Leave [Non-deductible]
It
is used when a personnel who is transferred or reassigned, which shall be one
of the supporting documents for reimbursement of travel expenses
8. Study Leave [Non-deductible]
Ø for the purposes of
taking bar / board examination
Qualifications
Requirement
Ø graduated with a
degree in bachelor of laws or any course which requires the passing of
examination;
Ø must be a permanent
employee;
Ø must have rendered at
least 2 years of service in the PNP with a VS performance for the last 2 rating
period immediately preceding the application;
Ø must have no pending
administrative and criminal charges;
Ø must have no pending foreign or local scholarship grant; and
Ø must be physically fit;
9.
Rehabilitation Leave [Non-deductible]
-for
injuries from accidents in the performance of duty while at work, on official
business/travel, authorized overtime, detail, special assignment. Which
personnel may avail for a maximum of six (6) months subject to medical certificate
(recommendation). May be less than six
(6) months, haft-time basis or intermittent schedule. Absent shall NOT be
deducted from vacation/sick leave credits; NO vacation/sick
leave credits earned during the entire rehabilitation period.
Requirements for
Rehabilitation Leave
1. Letter of application filed within one (1)
week from time of accident, except if longer period is warranted.
2.
Supported by police reports, If any medical certificate (nature of injuries, course
of treatment, need to undergo rest, recuperation, rehabilitation)
3. Head of agency
determines whether the injuries are work-connected
10.
Service Leave [Non-deductible]
It
refers to the enjoyment of service credit. A minimum limit of fifteen (15) days
service credits shall be allowed every calendar year for PNP uniformed
personnel who had been or shall be conferred with appropriate medals in
recognition of outstanding performance of police functions and activities.
Note: The award must be
conferred first prior to its usage as supporting document for conversion into
service credit.
11.
Parental
Leave ( SOLO PARENT) [Non-deductible]
Any
PNP personnel who falls under any of the following categories shall be
considered a Solo Parent for availment of Parental Leave:
a).
A woman who gives birth as a result of rape and other crimes against chastity,
even without a final conviction of the offender: Provided, that the mother
keeps and raises the child;
b).
Parent left solo or alone with the responsibility of parenthood due to any of
the following circumstances:
1.
death of spouse;
2.
detention of the spouse or serving sentence for a criminal conviction for at
least one (1) year;
3.
physical/mental incapacity of spouse as certified by a public medical
practitioner;
4.
legal separation or de facto separation from spouse for at least one (1) year
provided he/she has custody of the children;
5.
declaration of nullity or annulment of marriage as decreed by a court or by a
church, provided, he/she has custody of the children; and
6.
abandonment of spouse for at least one (1) year.
c).
Unmarried person who has preferred to keep and rear the children instead of
having others care for them or give them up to a welfare institution;
d).
Any other person who solely provides parental care and support to a child or
children provided said person is duly licensed as a foster parent by the DSWD
or duly appointed legal guardian by the court;
e). Any family member
who assumes the responsibility of head of family as a result of death,
abandonment, disappearance or prolonged absence of the parents or solo parent:
Provided, that such abandonment, disappearance, or absence lasts for at least
one (1) year.
CONDITIONS
FOR AVAILING OF PARENTAL LEAVE
The
parental leave of seven (7) days in addition to existing leave privileges shall
be granted to any PNP solo parent subject to the following conditions:
a) The PNP
solo parent must have rendered service in the PNP, whether continuous or
broken, for at least one (1) year regardless of employment status.
b)
b)
The parental leave shall be availed of every year and shall not be convertible
to cash. If not availed of within the
calendar year, said privilege shall be forfeited within the same year.
c)
The
parental leave shall be availed of on a staggered or continuous basis, subject
to the approval of the head office/unit.
In this regard, the PNP solo parent shall submit the application for
parental leave at least one (1) week prior to its availment, except on
emergency cases.
SOLO PARENT MAY AVAIL OF PARENTAL LEAVE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES
1. attend to personal milestones of a child, such as birthdays, first communion, graduations, and other similar events.
2. perform parental obligations such
as enrollment and attendance in school programs, PTA meeting and the like.
3. attend to medical, social, spiritual and recreational needs of the child; and
4.other similar circumstances necessary in the performance of parental duties and responsibilities, where physical presence of a parent is required.
CONDITIONS FOR TERMINATION OF PARENTAL LEAVE PRIVILEGES
a.)
Changes in the status and family situation of a PNP solo parent such as
marriage of the concerned parent who is no longer left alone with the
responsibility of parenthood shall lead to termination of parental leave
privileges.
b.)
The parental leave shall be availed of every year and shall not be convertible
to cash. If not availed of within the
calendar year, said privilege shall be forfeited within the same year.
PROCEDURES IN AVAILING OF
PARENTAL LEAVE
a.)
Secure a Solo Parent Identification Card from the City/Municipal Social Welfare
and Development Office (valid for one year)
b.) Submit the
accomplished application form (CS Form No. 6) duly supported with certified
true copies of the Solo Parent ID and birth certificate of the child/children
or other requirements such as medical certificate, if necessary
Source:
PNP MC No. 2017-008
https://www.officialgazette.gov.ph/downloads/2019/02feb/20190220-RA-11210-RRD