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On 08 February 2012, the Civil Service Commission passed Resolution No. 1200289, providing a five-day special emergency leave to government employees directly affected by natural calamity/disaster.

The Resolution did not define calamity or disaster but under Republic Act No. 10121, or otherwise known as the Philippine Disaster Risk Reduction and Management Act of 2010, State of Calamity, disaster, and emergency are defined as follows:

State of Calamity is a condition involving mass casualty and/or major damages to property, disruption of means of livelihoods, roads and normal way of life of people in the affected areas as a result of the occurrence of natural or human-induced hazard.

Disaster is a serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts, which exceeds the ability of the affected community or society to cope using its own resources. Disasters are often described as a result of the combination of: the exposure to a hazard; the conditions of vulnerability that are present; and insufficient capacity or measures to reduce or cope with the potential negative consequences.

Emergency is an unforeseen or sudden occurrence, especially danger, demanding immediate action.

CSC Memorandum Circular No. 2, 2012 set the guidelines in granting this special emergency or calamity leave.

Under the guidelines, the purpose of the leave may be any of the following:

  1. for urgent repair and clean-up of damaged house,
  2. being stranded in affected areas,
  3. disease/illness of employees brought by natural calamity/disaster,
  4. caring of immediate family members affected by natural calamity/disaster;

The special emergency leave can be applied for five straight working days or on staggered basis.

The leave may be availed of by the affected government employees within thirty days from the first day of calamity declaration by proper government agencies/authorities.

A commonly declared natural calamity/disaster may include, but not limited to, earthquakes, flooding, volcanic eruption and landslide that have profound environmental effect and/or human loss and frequently cause financial loss.

The head of office shall take full responsibility for the grant of special emergency leave and verification of the employee’s eligibility to be granted thereof. Said verification shall include: validation of place of residence based on latest available records of the affected employee; verification that the place of residence is covered in the declaration of calamity area by the proper government agency; and such other proofs as may be necessary. The leave will not be deducted from the employee’s leave credits. Affected employees whose leave credits were previously deducted may request for restoration thereof, subject to the approval of the head of office.

About Nicolas and De Vega Law Offices

If you need assistance with labor-related issues, compliance with DOLE issuances, and help in the enforcement of company employment policies,  we can help you. Nicolas and de Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website www.ndvlaw.com.

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