[ Commonwealth Act No. 220, November 29, 1936 ]
AN ACT TO AMEND CHAPTER THIRTEEN (LEAVE LAW) OF ACT NUMBERED TWENTY-SEVEN HUNDRED AND: ELEVEN, AS AMENDED, ABOLISHING THE ADDITIONAL LEAVE OF THE JUSTICES OF THE SUPREME COURT, THE EXTENDED LEAVE OF THE JUDGES OF THE COURT OF APPEALS AND COURTS OF FIRST INSTANCE AND TEACHERS, AND THE ACCRUED LEAVE OF OTHER OFFICERS AND EMPLOYEES; INCREASING THE VACATION LEAVE AND CREATING THE SICK LEAVE.
Be it enacted by the National Assembly of the Philippines:
Section 1. Section two hundred and sixty-eight of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:
"Section 268. Leave of absence of judges of Supreme Court and Court of Appeals.-During vacation of the Supreme Court and the Court of Appeals, the judges not assigned to vacation duty shall be upon vacation leave; and if no court vacation is declared for any year each of the judges shall become entitled to two months' leave in lieu of court vacation. In the case of those who are assigned to vacation duty, they shall be entitled to vacation leave at any subsequent time for the same number of days that they spend on vacation duty but not exceeding two months per year."
Section 2. Section two hundred and seventy-one of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:
"Section 271. Leave of absence of judges of first instance.- During the yearly court vacation, the judges and auxiliary judges of first instance not specially assigned to vacation duty shall be upon vacation leave. In the case of those who are assigned to vacation duty, they shall be entitled to vacation leave at any subsequent time for the same number of days that they spend on vacation duty but not exceeding two months."
Section 3. Sections two hundred and seventy-four and two hundred and seventy-five of Act Numbered Twenty-seven hundred and eleven are hereby amended to read as follows:
"Section 274. Vacation and leave of teachers.-During the yearly school vacations, persons in the teaching service other than the class that may be designated for continuous duty under section two hundred and seventy-five hereof, shall be entitled to vacation leave.
"Section 275. Persons in teaching service designated for I- continuous duty in vacation periods.-For the good of the '" service, the Director of Education, or in the case of employees of the University of the Philippines, the President of the University, may, with the approval of the Secretary of Public Instruction, designate persons in the teaching service for continuous duty. Teachers so designated shall be entitled to the vacation leave and sick leave prescribed by section two hundred and eighty-five-A of this Act, and shall render the same hours of service as other amployees entitled to vacation leave and sick leave."
Section 4. The title of. Article IV of Chapter Thirteen of Act Numbered Twenty-seven hundred and eleven is hereby amended to read "Article IV-Vacation leave and sick leave."
Section 5. Section two hundred and eighty-four of Act Numbered Twenty-seven hundred and eleven, as amended by Acts Numbered Three thousand and eighty-seven,, and Thirty-three hundred and seventy-four, is hereby further amended to read as follows:
"Section 284. Vacation leave.-After at least six months' continuous, faithful, and satisfactory service, the President or proper Head of Department may, in his discretion, grant to each regularly appointed officer or employee of the Philippine Government other than those mentioned in sections two hundred sixty-eight, two hundred seventy-one and two hundred seventy-four hereof, fifteen days' vacation leave of absence with full pay, inclusive of Sundays and holidays, for each calendar year of service."
Section 6. Section two hundred and eighty-five of Act Numbered Twenty-seven hundred and eleven, as amended by Acts Numbered Twenty-seven hundred and ninety-nine, Twenty-eight hundred and sixty-one, and Three thousand and eighty-seven, is hereby further amended to read as follows:
"Section 285. Vacation leave for craftsmen and classified - apprentices of the Bureau of Printing.-A craftsman or ' classified apprentice of the Bureau of Printing may be granted fifteen days' vacation leave, at the salary received by him upon taking such leave, after at least one year of continuous, faithful, and satisfactory service as craftsman or classified apprentice, in accordance with the civil service rules and such other rules as the Department of Finance may prescribe, and the Head of said Department may suspend the vacation leave granted, or part thereof, if in his Judgment the needs of the public service require it."
Section 7. A new section to be numbered two hundred and eighty-nve-A is hereby inserted after section two hundred and eighty-five of Act Numbered Twenty-seven hundred and eleven, and shall read as follows:
"Section 285-A. Sick leave in addition to vacation leave.- In addition to the vacation leave provided in the two preceding sections each regularly and permanently appointed officer or employee of the Philippine Government other than those mentioned in sections two hundred and sixty-eight, two hundred and seventy-one and two hundred and seventy-four hereof, shall be entitled to fiflmudaysofsick leave for each year of serviee with full pay, inclusive of Sundays and holidays: Provided, That such sick leave will be granted by the President or Head of Department or independent office concerned only on account of sickness on the part of the employee concerned or of any member of his immediate family, not due to vicious and immoral habits, intemperance, or willful misconduct."
Section 8. Section two hundred and eighty-six of Act Numbered Twenty-seven hundred and eleven is hereby amended to read as follows:
"Section 286. When vacation leave and sick leave may be taken.-Vacation leave and sick leave shall be cumulative and any part thereof which may not be taken within the calendar year in which earned may be carried over to the succeeding years, but upon separation from the service of any officer or employee, any accumulated vacation or sick leave to his credit shall be forfeited: Provided, That the total vacation leave and sick leave that can accumulate to the credit of any officer or employee shall, in no case, exceed five months: Provided, further, That the proper Department Head may in his discretion authorize the commutation of the salary that would be received during the period of the vacation leave of any permanently appointed officer or employee or teacher of the Philippine Government and direct its payment on or before the beginning of such vacation from the fund out of which the salary would have been paid.
Section 9. Sections two hundred and ninety-three and two hundred and ninety-five of Act Numbered Twenty-seven hundred and eleven, are hereby amended to read as follows:
"Section 293. Withholding of salary incident to leave.- Payment of salary to an officer or employee for any absence during his first six months of service properly chargeable to vacation leave or sick leave shall be withheld until such leave may properly be taken under the provisions of this chapter; though in case of absence due to illness the President or proper Head of Department may direct that payment for such absence be not withheld if not in excess of the vacation leave and sick leave to his credit."
"Section 295. Final determination by Department Head.- The respective Heads of Departments may authorize the Commissioner of Civil Service to act finally upon the application in all cases in which he approves the recommendation of the chief of the Bureau or Office in regard to such leave. Otherwise the matter shall in all cases be determined finally by the Department Head."
Section 10. Sections two hundred and sixty-nine, two hundred and seventy-two, two hundred and seventy-three, two hundred and seventy-six, two hundred and seventy-seven, two hundred and seventy-eight, two hundred and seventy-nine, two hundred and eighty, two hundred and eighty-one, two hundred and eighty-two, two hundred and eighty-three, two hundred and eighty-seven, two hundred and eighty-eight, two hundred and eighty-nine, two hundred and ninety, two hundred and ninety-one, and two hundred and ninety-two of Act Numbered Twenty-seven hundred and eleven, as amended, are hereby repealed: Provided, however, That the provisions of this section shall not affect the acquired right of officers and employees of the Philippine Government who, on the date of the approval of this Act, have earned additional leave, in the case of Justices of the Supreme Court; extended leave, in the case of judges of the Court of Appeals and Courts of First Instance and teachers; and accrued leave, in the case of other officers and employees, which they may use either by taking leave when the service, in the discretion of the respective Heads of Departments, permits, or having the money value of a part or the whole of such leave applied to the payment of premiums on insurance policies which the respective officers or employees may take under the Government Insurance and Retirement System when the latter is established: Provided, further, That in no case shall commutation of the money value of the additional leave, extended leave, and accrued leave be allowed except upon resignation from the service of the officer or employee concerned or upon paying off obligation of the officer or employee concerned to any agency or instrumentality of the Government.
Section 11. This Act shall take effect upon its approval.
Approved, November 29, 1936.
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