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Entitlement to Leave Credits by Government Employees on Probation Period

Question: Are newly appointed government employees already entitled to leave benefits during their probationary period?


Yes. All government employees, except those covered by special laws (e.g. justices, judges, those in the foreign service), are entitled to leave benefits immediately upon assumption to office because the Omnibus Rules on Leave do not make any distinctions. Moreover, leave credits are earned based on actual service rendered, using a given table of computation which you can check here. And, actual service, pursuant to Sec. 28 of the ORL, commences from the appointment of the official or employee.

Even more precise is Sec. 44 of the Omnibus Rules on Leave, which reads:

An employee still on probation may already avail of whatever leave credits he has earned during said period. Accordingly, any leave of absence without pay incurred during the period of probation shall extend the completion thereof for the same number of days of such absence.

The first six months of service following a permanent appointment shall be probationary in nature pursuant to Sec. 4, Rule III of the CSC Revised Omnibus Rules on Appointments and Other Personnel Actions.

16 thoughts on “Entitlement to Leave Credits by Government Employees on Probation Period

  1. hi attorney, i learned that in the agency i am in, leave credits can be used after (or on) the 6th month of employment. is this in the omnibus rules or the agency has the authority to decide on this. thanks!

    1. Hi weng! Sorry for the late reply, your comment got in the spam box. Anyway, as I’ve said in the post, even if you’re still in the probi period (meaning the 6 months period after you got hired), you may already enjoy your leave credits since you’re already earning them from Day 1. The agency has no authority to decide otherwise because that’s what the rules say. 🙂

      1. hi atty, good pm.. i’m a newly appointed gov’t employee.. the agency’s policy is to give leave credits if an employee have rendered 6mos of service.. unfotunately i have undertime last Jan and Feb 2016 of roughly 2mins each month. then HR manager said that i’ll only have leave credits aftr 8mos.. (additional 2mos from 6mos since i have undertime for two months) is it the really the way it works?

        1. That’s not the way it works. You may seek the assistance of the CSC office in your region to correct that.

  2. good afternoon attorney.. does a teacher who has a seizure entitled to be kicked out in service because he/she is not fit to work?

  3. Good night attorney, I just requested for a leave of absence from 3/28/16 to 6/10/16 purposely to attend training. Attached to this are indorsement from my immediate supervisor, and leave application. I came to know dt my request has been pending in d human resource office because they insisted DT it was a request for study leave and that they ask me to submit and undergo additional requirements. Considering d start of my supposedly leave of absence, Atty. Is this a just action on my request?

  4. gud pm attorney, i need help regarding sa leave.. ganito po ang sitwasyon, diba po a newly hired government employee is under probationary for 6mos… within that 6mos po ba makakapag avail n b sya ng SOLO PARENT SPL LEAVE 7DAYS? and therefore with pay yung leave nya during that period? pls. do reply.. thanks in advance!

  5. hi attorney! i am working in a govt hosp and our admin and chief nurse is questioning our leave being used on 3 succeding days. i believe they wanted to stop this but i think its unfair on our part since we are earning this leave credits and we can avail of it anytime we there any law protecting us just in case they will prohibit us on availing our leave credits.thank you

  6. Hi Atty, my question is, if a regular gov’t employee is on sick leave until she dies late last month (due to cancer), does she still earn leave credits during her absences in the office? Thanks in advance for your reply.

  7. hi atty. ask ko lang po kong ang isang employee under contract of service is entitled for a leave credits? is he also entitled to travel on official time when his travel is personal in nature?

    1. A person under contract of service does not earn leave credits.
      No employee can travel on “official”time when the travel is for personal purposes for obvious reasons. 🙂

  8. Good evening.. Ask ko lang po if pwede na mag avail ng 3 days special privilege leave ang probationary employee kahit wla pa po earned leave..kasi di ba po di nman yon binabawas sa earned leave.. Even the mandatory 5 days forced leave applicable na rin po ba yon sa probationary employee ? Ty po..

  9. Good day Attorney, i worked at a government office holding a permanent position (SG11), recently i just got promoted for the next higher position (SG13), from what ive heard im still on probation for 6 mos (for SG13), that there is a possibility that i will not get the higher position (SG13) and remain (SG11)?

  10. Atty.,
    can you expound the ff. statement

    “Accordingly, any leave of absence without pay incurred during the period of probation shall extend the completion thereof for the same number of days of such absence.”

    from Section 44 or state examples for easier understanding? Please and thank you!

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