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RMC No. 70-2022: Circularizes Civil Service Commission Memorandum Circular No. 5, s. 2021 on the amendment to Omnibus Rules on Leave (CSC MC No. 41, s. 1998, as amended)

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Summary

RMC No. 70-2022 circularizes CSC Memorandum Circular No. 5, s. 2021, which amends the Omnibus Rules on Leave on maternity, paternity and adoption leave and prescribes revised leave forms.

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Key points

  1. Maternity leave. Female government employees get 105 days with full pay for live childbirth, and 60 days for miscarriage or emergency termination of pregnancy. A solo parent under RA No. 8972 gets 15 additional days.
  2. Extension and allocation. For live childbirth, the employee may extend by 30 days without pay, or use earned sick leave credits and then vacation leave credits, with written notice at least forty-five (45) days before the leave ends. She may allocate up to seven (7) days to the child’s father or an alternate caregiver, except in miscarriage or emergency termination cases.
  3. Other maternity rules. Maternity leave is non-cumulative and not convertible to cash, and it is granted for every pregnancy. It is also granted if the event occurs within fifteen (15) calendar days after employment ends, and despite a pending administrative case.
  4. Paternity leave. Married male employees get seven (7) working days with full pay for the first four (4) deliveries of the legitimate spouse with whom he cohabits. The leave is non-cumulative and not convertible to cash.
  5. Adoption leave. A qualified adoptive parent gets sixty (60) days with full pay when the adoptee is below seven (7) years of age at placement. A married spouse who is a government employee may take seven (7) days.
  6. Forms and past cases. Employees use CS Form No. 6, Revised 2020, and CS Form No. 6a, s. 2020 for the Notice of Allocation of Maternity Leave. CS Form No. 41 is discontinued. Employees who received less than the RA No. 11210 entitlement since 11 March 2019 are entitled to the full days and to restoration of deducted sick or vacation credits.

Who is affected

  • Female government employees (maternity leave)
  • Married male government employees (paternity leave)
  • Government employees who qualify as adoptive parents

Deadlines and effectivity

  • Notice of maternity leave at least thirty (30) days in advance, whenever possible
  • Notice of extended leave at least forty-five (45) days before maternity leave ends
  • RA No. 11210 effective 11 March 2019

Summary by Tax Resources PH. It is not a substitute for the full text of the issuance or professional advice.

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