Rehabilitation Leave is a special privilege for all government employees
Rehabilitation Leave is a special privilege for all government employees
Rehabilitation Leave is a leave privilege granted to allow qualified government officials and employees to recuperate from wounds or injuries sustained while in the performance of duties.
Guidelines for Availing of the Rehabilitation Privilege
1.0 Purpose
This Joint Circular provides the guidelines for availing of the Rehabilitation Privilege in accordance with humane, employee-friendly policies of government; clarifies certain issues; ensures uniform policy interpretation; and forestalls the misuse of the privilege.
2.0 Coverage
All personnel with permanent, temporary, casual or contractual appointments, including those with fixed terms of office, may avail themselves of the Rehabilitation Privilege during their employment with their agency and in accordance with these guidelines. Consultants and those hired under contract of service or job order cannot avail themselves of the privilege because they are not government employees.
3.0 Guidelines
3.1 Officials and employees may be entitled to the Rehabilitation Privilege for a maximum period of six (6) months for wounds and/or injuries sustained while in the performance of official duties. The duration, frequency and terms of availing of the privilege shall be based on the recommendation of medical authority Hence, availing of the privilege may be for less than six (6) months, or may be on a half-time basis or an intermittent schedule as determined by medical authorities provided that the cumulative total period of availing of the privilege will not exceed six (6) months.
1.0 Purpose
This Joint Circular provides the guidelines for availing of the Rehabilitation Privilege in accordance with humane, employee-friendly policies of government; clarifies certain issues; ensures uniform policy interpretation; and forestalls the misuse of the privilege.
2.0 Coverage
All personnel with permanent, temporary, casual or contractual appointments, including those with fixed terms of office, may avail themselves of the Rehabilitation Privilege during their employment with their agency and in accordance with these guidelines. Consultants and those hired under contract of service or job order cannot avail themselves of the privilege because they are not government employees.
3.0 Guidelines
3.1 Officials and employees may be entitled to the Rehabilitation Privilege for a maximum period of six (6) months for wounds and/or injuries sustained while in the performance of official duties. The duration, frequency and terms of availing of the privilege shall be based on the recommendation of medical authority Hence, availing of the privilege may be for less than six (6) months, or may be on a half-time basis or an intermittent schedule as determined by medical authorities provided that the cumulative total period of availing of the privilege will not exceed six (6) months.
Illness or sickness resulting from or aggravated by working conditions or the environment cannot be a basis for availing of the Rehabilitation Privilege even if the same may be compensable under the law and regulations of the Employees Compensation Commission (ECC).
3.2 For availing oneself of the Rehabilitation Privilege, performance of duty means situations wherein the official or employee was already at work. The same privilege may be extended to officials and employees in situations where the official or employee meets an accident while engaged in activities inherent to the performance of his/her duties, including being on Official Business outside of his/her work station, Official Travel, authorized Overtime, Detail Order, and Special Assignment Orders.
Injuries from accidents that occurred while the official or employee was going to work and going home from work are not considered sustained while in the performance of official duties.
3.3 Absence from work during the period of Rehabilitation Privilege shall not be deducted from the ccumulated sick or vacation leave credits of the official or employee. However, officials and employees while on Rehabilitation Privilege do not earn and accumulate vacation leave and sick leave credits.
3.4 Officials and employees availing of the Rehabilitation Privilege shall receive their salaries and regular benefits such as Personnel Economic Relief Allowance (PERA), Additional Compensation (AdCom), year-end bonus, and cash gift mandated by law.
They are not entitled however to benefits and privileges that are enjoyed based on the actual performance of duties of positions entitled to these benefits such as Representation and Transportation Allowances.
3.5 Claimants of Rehabilitation Privilege benefits are entitled to reimbursement by their agency for first-aid expenses, preferably in government facilities. Reimbursement is subject to the availability of funds and shall not exceed P5,000.00 unless expenditures beyond said amount are necessary as certified by medical authorities and approved by head of agency.
For this purpose, first aid refers to the basic medical treatment immediately given to a person hurt in an accident.
4.0 Procedure
4.1 Application for Rehabilitation Privilege shall be made through a letter, supported by relevant reports such as the police report, if any, and medical certificate on the nature of the injuries, the course of treatment involved, and the need to undergo rest, recuperation, and rehabilitation, as the case may be.
Application should be made within one (1) week from the time of the accident except when a longer period is warranted. Applications may be made for the injured official or employee by a member of his/her immediate family.
4.2 Written concurrence of a govemment physician should be obtained relative to the recommendation for rehabilitation if the attending physician is a private practitioner, particularly on the duration of the period of rehabilitation.
5.0 Responsibilities of the Agency Head
5.1 The agency head shall determine whether the injuries were incurred while in the performance of duties.
5.2 The agency head shall be held responsible and personally liable for any false or fraudulent claims and irregular availing of the privilege.
5.3 The agency head, through the agency medical staff and/or the HRMO, should monitor monthly the medical status of the employee undergoing rehabilitation.
6.0 Repealing Clause
6.1 Section 55 of CSC MC No. 41, s. 1998 and other Civil Service Commission (CSC) issuances that are inconsistent herewith are hereby repealed or amended.
7.0 Effectivity
This Circular shall take effect immediately.
3.2 For availing oneself of the Rehabilitation Privilege, performance of duty means situations wherein the official or employee was already at work. The same privilege may be extended to officials and employees in situations where the official or employee meets an accident while engaged in activities inherent to the performance of his/her duties, including being on Official Business outside of his/her work station, Official Travel, authorized Overtime, Detail Order, and Special Assignment Orders.
Injuries from accidents that occurred while the official or employee was going to work and going home from work are not considered sustained while in the performance of official duties.
3.3 Absence from work during the period of Rehabilitation Privilege shall not be deducted from the ccumulated sick or vacation leave credits of the official or employee. However, officials and employees while on Rehabilitation Privilege do not earn and accumulate vacation leave and sick leave credits.
3.4 Officials and employees availing of the Rehabilitation Privilege shall receive their salaries and regular benefits such as Personnel Economic Relief Allowance (PERA), Additional Compensation (AdCom), year-end bonus, and cash gift mandated by law.
They are not entitled however to benefits and privileges that are enjoyed based on the actual performance of duties of positions entitled to these benefits such as Representation and Transportation Allowances.
3.5 Claimants of Rehabilitation Privilege benefits are entitled to reimbursement by their agency for first-aid expenses, preferably in government facilities. Reimbursement is subject to the availability of funds and shall not exceed P5,000.00 unless expenditures beyond said amount are necessary as certified by medical authorities and approved by head of agency.
For this purpose, first aid refers to the basic medical treatment immediately given to a person hurt in an accident.
4.0 Procedure
4.1 Application for Rehabilitation Privilege shall be made through a letter, supported by relevant reports such as the police report, if any, and medical certificate on the nature of the injuries, the course of treatment involved, and the need to undergo rest, recuperation, and rehabilitation, as the case may be.
Application should be made within one (1) week from the time of the accident except when a longer period is warranted. Applications may be made for the injured official or employee by a member of his/her immediate family.
4.2 Written concurrence of a govemment physician should be obtained relative to the recommendation for rehabilitation if the attending physician is a private practitioner, particularly on the duration of the period of rehabilitation.
5.0 Responsibilities of the Agency Head
5.1 The agency head shall determine whether the injuries were incurred while in the performance of duties.
5.2 The agency head shall be held responsible and personally liable for any false or fraudulent claims and irregular availing of the privilege.
5.3 The agency head, through the agency medical staff and/or the HRMO, should monitor monthly the medical status of the employee undergoing rehabilitation.
6.0 Repealing Clause
6.1 Section 55 of CSC MC No. 41, s. 1998 and other Civil Service Commission (CSC) issuances that are inconsistent herewith are hereby repealed or amended.
7.0 Effectivity
This Circular shall take effect immediately.
What is meant by “performance of duty?”
Performance of duty means situations where the employee is already at work. It may also cover situations where the employee or official meets an accident while engaged in activities inherent to his/her work including being on official travel, official business outside work station, authorized overtime, detail or special assignment. Injuries from accidents that occurred while going to work and going home from work may be considered sustained while in the performance of official duties.
Who may avail of this leave?
All government personnel with permanent, temporary, casual, or contractual appointments, including those with fixed terms of office may avail of this leave. Consultants and those hired under contract of service or job order cannot avail because they are not considered government employees.
What is the duration of this type of leave?
Rehabilitation leave is for a maximum of six months. the duration, frequency and terms of availing this type of leave will be based on the recommendation of a medical authority. Therefore, it can be for less than six months, or may be on half-time basis, or intermittent schedule for as long as the total period will not exceed six months.
Will my accumulated leave credits be deducted while I’m on rehabilitation leave?
No. Absences from work during the period of rehabilitation will not be deducted from the accumulated sick or vacation leave credits of the employee/officer.
Will I be earning leave credits while on rehabilitation leave?
No. While on rehabilitation leave, the employee or officer will not earn/accumulate vacation and sick leave credits.
Will I receive my salaries and benefits while on rehabilitation leave?
Yes. Those who avail of this privilege will receive their salaries and regular benefits such as Personnel Economic Relief Allowance (PERA), Additional Compensation (AdCom), year-end bonus, and cash gifts mandated by law. However, benefits which are enjoyed based on actual performance of duties such as representation and transportation allowances (RATA) will not be received.
I was given first-aid at the time I was injured on work and I incurred out-of-pocket expenses for it. Will I be reimbursed?
Claimants of this privilege are entitled to reimbursement by their agency for first-aid expenses, preferably in government facilities. Reimbursement, however, is subject to the availability of funds and must not exceed P5,000.00 unless expenditures beyond that amount are necessary as certified by medical authorities and approved by the agency head. To be clear, firs-aid refers to the basic medical treatment given immediately to the hurt/injured person.
How do I apply for Rehabilitation Leave?
Within 1 week from the accident or injury, a letter-application for rehabilitation leave must be filed with the agency head, unless a longer period is warranted. The letter must be accompanied with relevant supporting documents such as police report (if any) and medical certificate indicating the nature of injuries, course of treatment involved and need to undergo rest/recuperation/rehabilitation. If the attending physician is a private practitioner, concurrence from a government physician must be obtained particularly on the need and period of rehabilitation needed.
Is the approval by the agency head discretionary?
Yes. The agency head will have to determine whether the injuries were really incurred while in the performance of duties. If not, the application will be disapproved because he/she will be held responsible and personally liable for false or fraudulent claims and irregular availing of the privilege.
I developed my osteoarthritis due to the nature of my work and now my doctor says I need 1 month to rest, will I be eligible for Rehabilitation leave?
Unfortunately not. Illness or sickness resulting from or aggravated by working conditions or the work environment cannot be a basis for availing of the privilege even if it is compensable under the law and regulations of the Employees Compensation Commission. (CSC Decision No. 140542, Alfredo R. Rodolfo, July 17, 2014)
Sources: CSC-DBM Joint Circular No. 01, s. 2006 as amended by CSC Resolution No. 1300065.
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