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9/9/2017Terminal Leave Benefit ã The Pinoy Civil Servanthttp://thepinoycivilservant.com/2014/09/12/terminal-leave-benefit/1/5 Home > Govt Service > Leave & Other Benefits > Terminal Leave Benefit TERMINAL LEAVE BENEFIT Leave & Other Benefits - September 12, 2014 My mother is celebrating her 60th birthday this month and we’re excitedly scouting for a place to hold her simple thanksgiving dinner. Whilewe were on it, I suddenly remembered to ask if she has claimed her terminal leave benefit from her previous employer. My mother, you see,resigned 9 years and 8 months ago from government service. She winced and said “Not yet.” That prompted me to write about this topic.A Terminal Leave is filed by a government employee who retires, resigns, or separates from the service for whatever cause. By filing this, theemployee applies for the commutation of all earned vacation and sick leave credits so that he/she can enjoy its monetary equivalent.In CSCResolution No. 98-2449 (Ninfa N. Ward; September 23, 1998) , the Civil Service Commission clarified that accumulated leave credits areconsidered as earned salaries of the employee, making the latter entitled to its monetary equivalent as a matter of right. That is also the reasonwhy terminal leave benefits can be released even if the employee claiming it – (1) has a pending administrative or criminal case; or (2) has beenconvicted of a case which includes the penalty of forfeiture of retirement benefits.Under existing rules, the terminal leave benefit is based on the highest monthly salary received by the employee at any time during hisemployment . The formula to be used is: TLB = S x D x CF Paternity Leave TRENDING You are here 9/9/2017Terminal Leave Benefit ã The Pinoy Civil Servanthttp://thepinoycivilservant.com/2014/09/12/terminal-leave-benefit/2/5 Where: TLB = Terminal leave benefits S = Highest monthly salary D = No. of accumulated vacation and sick leave credits CF = Constant Factor of .0481927 Illustration: Employee A earns a monthly salary at the rate of P15,000.00. He was demoted to a position with a monthly rate of P12,000.00. If he resignswhile occupying the lower-paying position, his terminal leave benefits will still be computed at the rate of P15,000.00. If he has 95accumulated leave credits at the time of his resignation, his terminal leave benefit will be P68,674.59, using the following computation: P15,000.00 x 95 x .0481927 = P68,674.59 Finally, remember that the request for payment of terminal leave benefits must be made within TEN years from the effective date of retirement, resignation or separation. Otherwise the right prescribes and the employee can no longer claim the benefit. I hope that those who, like my mother, do not know about this benefit find this post helpful. Source: Sections 35 to 40, CSC Memorandum Circular No. 41, s. 1998Note (Jan 15, 2016): The constant factor has been changed from .0478087 to .0481927 by CSC Resolution No. 1501530 dated December 21, 2015 andcircularized through MC No. 2, s. 2016. The resolution was published on January 7, 2016 and will be effective on January 22, 2016. SHARE THIS: You may also like: Understanding Study Leave2012 SC Decisions Involving CivilService RulesBasic Information on Sick LeavePassive Recipients of DisallowedBenefits Not Required toReimburseTips for New Filipino LawyersApplying for Jobs in theGovernmentRelevant Bachelor's Degree;Meaning ã The Pinoy CivilServantHabitual Absenteeism,Tardiness, and Undertime Ads by Shareaholic Ads by Shareaholic TOP 9/9/2017Terminal Leave Benefit ã The Pinoy Civil Servanthttp://thepinoycivilservant.com/2014/09/12/terminal-leave-benefit/3/5 AnonymousCynthiafirme JanelgGelene Mae Cabria-Llabres Jaggal Jeanne BenitezIgnacio B. Espinosa EmailFacebookTwitterGooglePrint 7 THOUGHTS ON “TERMINAL LEAVE BENEFIT” August 25, 2015 at 1:53 pmwhat is the maximum days of terminal leave credits (sick & vacation) allowed to be paid under the law? in case of retirement? Reply November 16, 2016 at 2:18 pmnone. no limit. Reply January 7, 2016 at 6:29 amso unlike in the private sector which monetizes the leaves yearly, government employees can only get the monetary equivalent whenthey retire? thank you. Reply January 7, 2016 at 10:23 amOh no, govt employees also have the option to monetize but there are separate rules on that. Depends also onthe agency’s budget and if the head approves.I’ll write about that soon. Reply August 2, 2016 at 8:54 pmMa’am ask ko lang po for Vice Mayor po which 3 terms in service bale 9 years. Same parin po ba and computation? Reply July 18, 2017 at 12:06 amSir can i ask if terminal leave pay and terminal pay are d same … and what did i do enable for my grandmother to apply for dsaid terminal leave pay Reply August 26, 2017 at 10:49 amI was previously employed thea government agency and have just retired effective March 16, 2017. Durint he time of my employment, i was of those who get promoted while our office is undergoing rationalization. And because ourpromotion was invalidated by the CSC as the process violated CSC MC No. 3, S-2014. Our office has filed an appeal with the CSCField office, Quezon City but was denied until reached the CSC Commission. And while it has no finality of its previous decision as to theinvalidation of our appointment, i was reappointed and placed to the position of a Municipal Agrarian Reform Program Officer(MARPO) asper new Approved Staffing Pattern(ASP) which is equivalent to my previous position as Municipal Agrarian Reform Officer(MARO) with alower salary considering that it has a Salary range of G-20 compared to the salary of my invalidated appointment as Chief AdministrativeOfficer(CAO) which has a salary range of G-24. Upon retirement, and since that i have had leave credits, i applied for its commutation.However, our office, particularly the Central Office is in a delima as to what will be their basis of computing my terminal leave benefits … Whether highest salary i received when i was promoted as CAO or my salary as MARPO because they insist that althought i was promoted, LIKE THIS: Like Be the first to like this. 9/9/2017Terminal Leave Benefit ã The Pinoy Civil Servanthttp://thepinoycivilservant.com/2014/09/12/terminal-leave-benefit/4/5 my appointment was invalidated. But under the CSC rules particularly CSC MC 25, S-2014 it is clear that we are entitled to receive the salary of the position being a “de facto” officer. But looking back at the guidelines on terminal leave benefits, it did not qualify the status of theappointment of an employee that it must not had been invalidated. That if ever invalidated, it cannot be a basis in computing terminal leavebenefits otherwise legal issues will arise as to what kind of renumeration or payment we have had received if it cannot be considered asalary. Much more that it cannot definitely be called an allowance, stipend or anything else but still a salary. This is the issue we facing nowbut am still hoping that they would be able to decide in my favor. Reply LEAVE A REPLY Social connect: Comment * Name *Email Address *Website Notify me of follow-up comments by email. Notify me of new posts by email. Post Comment
