Government Employees on Vacation Leave Who Perform Official Duties: Rules, Risks, and Best Practice under Philippine Law
I. Introduction
Vacation leave (VL) is an earned benefit intended to provide the State workforce with genuine rest and recuperation. Yet in the real world many civil servants—whether by pressure of deadlines, specialised expertise, or exigencies of the service—continue to sign documents, answer e-mails, or even travel for work while supposedly on leave.
Is that allowed? If so, what are the legal limits on compensation, accountability, injury coverage, and subsequent audit? This article distils the governing statutes, Civil Service Commission (CSC) regulations, Commission on Audit (COA) rules, and pertinent jurisprudence as of 11 June 2025.
II. Statutory Framework
| Instrument | Key Provisions Relevant to “Working While on VL” |
|---|---|
| 1987 Constitution, Art. IX-B | The Civil Service embraces “all branches, subdivisions, instrumentalities, and agencies” of the Government; Congress may provide for “standardization of compensation.” |
| Administrative Code of 1987 (E.O. 292), Book V, Title I-A | • Sec. 60–61: CSC’s power to prescribe leave regulations. • Sec. 42: No additional or double compensation unless specifically authorized by law. |
| R.A. 6713 (Code of Conduct and Ethical Standards) | “Public office is a public trust”; performance of duty must be “prompt, courteous, and adequate,” but must not give rise to conflict of interest or unjust enrichment. |
| R.A. 8291 (GSIS Act of 1997) | Service-connected injury/illness benefits apply only if the employee is “on official time.” |
| General Appropriations Acts (annually) | Always contain a “No Work, No Pay” and “No Double Compensation” rider. |
| COA Circular 2012-001 et seq. | Disallowances may issue for salaries, per diems, and allowances paid contrary to leave rules or without lawful authority. |
III. The Civil Service Leave Omnibus Rules
The controlling text is CSC Memorandum Circular (MC) No. 41, s. 1998 as amended (particularly by MC No. 14-99, MC No. 1-2001, MC No. 6-2021). Salient provisions:
Basic Definition of Vacation Leave
- §9: VL is “a leave of absence for personal reasons.”
- §25: Approval is via the form CS Form 6; once approved, the employee is not expected to report for work.
Effect of Service Exigency Call-Back
§32: “An employee on vacation leave may, on the exigency of the service and with his/her consent, be recalled to duty.”
Consequences:
- a) The recalled days shall not be deducted from the employee’s VL balance;
- b) The employee earns salary for the days actually worked;
- c) If the employee proceeds with the remainder of the scheduled leave, a new leave order (continuation) must be issued.
Partial Work Without Formal Recall
The Rules are silent on “piecemeal” acts (signing documents, virtual meetings). By practice, agencies rely on CSC-COA-DBM Joint Circular No. 1-2004 (on outputs-based mode) which treats “work from elsewhere” as official time only if
- a specific office order/assignment exists, and
- the employee logs the time or submits a post-activity report.
Cancellation of Leave
- §34 allows an employee to “cancel” approved VL before or during its effectivity, subject to the head of agency’s approval. Days already consumed remain chargeable to VL; unused balance is restored.
IV. Salary, Allowances, and “Double Compensation”
| Scenario | Is regular salary payable? | Can per diems/OT be paid? | Audit Red Flags |
|---|---|---|---|
| A. Full recall via written order | Yes, for actual days worked | Yes, if travel or OT duly authorised | None, so long as recall order & DTR exist |
| B. “Remote” work (e-mail, e-signature) without leave cancellation | NO. Salary has already been released because VL is with pay; additional payments may violate no-double-compensation clause | Generally NO. COA has disallowed OT/travel claimants on VL (e.g., COA Decision 2019-277). | Payment of extra compensation; leave ledger discrepancies |
| C. Continuing to sign documents to prevent delay (de minimis) | Salary continues under VL | None; regarded as part of public service ethic, unpaid | Risk of later claim that action is ultra vires if beyond authority date |
| D. Taking VL but attending mandatory training paid by agency | If attendance is official business per agency head, leave must be converted to CTO or cancelled; otherwise employee must use VL and training is at personal cost | Travel & per diem only if leave is cancelled | Double funding of the same calendar days |
Practice tip: If the agency truly needs the employee’s presence, issue a “Recall/Conversion Order” before the fact. COA will examine documentary timing.
V. Occupational Safety, Liability, and Compensation
Injury or Accident While Working on VL
- GSIS: ECC-MC No. 2-2018 defines “official time” narrowly. If the employee voluntarily performed work while on leave without recall order, injuries may be treated as non-work-related; benefits may be denied.
Disciplinary Liability
- Neglect of Duty: CSC has, in multiple cases (e.g., CSC v. Bohol, CSC Res. No. 1800526), sanctioned employees who refused to be recalled for exigency.
- Improper Claims: Employees—and authorising officials—may face refund orders and administrative charges for “grave misconduct” or “conduct prejudicial” over disallowed payments.
Conflict-of-Interest Risks
- Working for a private client/company during VL may breach RA 6713 §7(b)(2) (moonlighting) and CSC MC No. 15-91.
VI. Jurisprudence Snapshots
| Case | G.R. No. | Doctrine |
|---|---|---|
| Pajarillo v. COA | 244128 (7 Feb 2022) | COA may disallow “productivity incentive” paid to employees who were on leave when the metric was earned; VL means “not rendering service.” |
| Civil Service Commission v. Lomibao | 196047 (15 Jan 2020) | Reiterated that “recall to duty” must be documented; oral instructions are insufficient to charge salaries to government funds. |
| Dept. of Agriculture v. NLRC | 267410 (18 Mar 2019) | Even in attached agencies, CSC VL rules are mandatory and may not be supplanted by CBA provisions. |
| COA v. Dadole | 230095 (11 Apr 2018) | “No work, no pay” principle upheld; grant of honoraria to employees on leave was disallowed. |
VII. Templates and Documentary Checklist
Recall/Conversion Order
MEMORANDUM ORDER To: [Employee] Date: ___ Subject: Recall from Approved Vacation Leave 1. Due to [exigency], you are hereby recalled effective ___ to perform the following duties: ___. 2. Your vacation leave covering ___ to ___ is hereby converted to **Compensatory Time-Off (CTO)** / cancelled. 3. Kindly accomplish your DTR and submit a Post-Activity Report. Signed: Head of AgencyPost-Activity Report (attach to DTR)
- Dates & hours actually worked
- Outputs delivered
- Certification that tasks were performed “in the interest of the service”
Leave Ledger Adjustment Form (HRMO)
VIII. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can I answer work e-mails while on VL? | Yes informally, but you cannot claim extra pay; if agency truly needs you, ask for recall so VL credit is preserved. |
| May an agency grant “hazard pay” for an on-call doctor on VL? | COA has repeatedly disallowed; hazard pay presupposes presence on official duty. |
| If I am recalled for one day in a 5-day VL, what happens to the other four? | Two common approaches: (a) Cancel entire VL and file a new one for unused dates; or (b) treat day of recall as CTO and deduct only four days from VL balance. |
| Do I need a new travel authority? | Yes, if the recall involves field work; otherwise, the original leave form does not cover travel insurance. |
| What if I refuse recall? | Possible administrative case for Insubordination or Neglect of Duty if exigency is established and order is lawful. |
IX. Best-Practice Recommendations for Agencies
- Plan staffing to minimise recall‐from‐leave events; keep a shared calendar of critical tasks.
- Issue written recall orders on or before the day the employee resumes duty; attach to payroll vouchers.
- Maintain clear audit trails (DTR, electronic logs, Teams/Zoom attendance) especially for remote work.
- Educate employees: Include a module on “VL and Exigency Recall” in orientation programmes.
- Align HR, Accounting, and Internal Audit: Disallow processing of OT/travel claims that overlap with paid VL.
- Update internal leave policies to reflect CSC MC No. 6-2021 (flexible work arrangements) which allows agencies to shift an employee on VL to WFH status only upon written request or recall.
X. Conclusion
Philippine law recognises operational realities but balances them against safeguards on public funds and employee welfare. The touchstones are documentary regularity, no double compensation, and genuine consent of the employee. When necessity dictates that a government worker on approved vacation leave must step back into official shoes, the legitimate route is a properly issued recall or conversion order, transparent accounting, and faithful observance of CSC and COA rules.
This article is for general guidance and does not constitute legal advice. Agencies should consult their resident lawyers or the Civil Service Commission for case-specific rulings.