Leave Benefits for Public School Teachers After a Work-Related Accident (Philippine Legal Overview, July 2025)
This article is for general information only and is not a substitute for personalized legal advice.
1 | Statutory and Regulatory Framework
| Instrument | Key Provisions Relevant to Work-Related Injury |
|---|---|
| Republic Act (RA) 4670 – Magna Carta for Public School Teachers (1966) | Sec. 24 (Compensation for Injuries): a teacher “shall be entitled to leave of absence with full pay and necessary medical care for the period of such injury or illness, but not to exceed one (1) year,” when the injury is incurred “in the performance of duty.” |
| Civil Service Commission (CSC) Omnibus Rules on Leave (CSC Res. No. 98-1930; MC 41-1998, Rule XVI) | Sec. 55 “Rehabilitation Leave”: up to six (6) months with pay for wounds or injuries sustained while on official duty; may be extended when a special law (e.g., RA 4670) grants a longer period. |
| DepEd Order No. 39-1994 & subsequent issuances | Operationalizes teachers’ leave, clarifying that RA 4670’s one-year paid leave is in addition to service credits and to CSC rehabilitation leave. |
| RA 8291 – GSIS Act of 1997 | Permanent Partial/Total Disability pensions; survivorship; medical benefits. |
| Presidential Decree (PD) 626, as amended – Employees’ Compensation (EC) Program | Income, medical, rehabilitation and carer’s benefits for work-connected injuries; covers all government employees through GSIS. |
| PhilHealth, RA 11058 (OSH), Local Accident Insurance Programs | Hospitalization cost sharing, safety standards, optional accident insurance negotiated by LGUs/schools. |
2 | Types of Leave After a Work Accident
One-Year Full-Pay Leave under RA 4670 Trigger: Injury or illness “in the course of employment.” Scope: Full salary and necessary medical care (hospitalization, medicines, aids) for up to 12 consecutive months. Interaction: Period counts as government service for GSIS and retirement; may be availed once per distinct accident.
Rehabilitation Leave (CSC Rule XVI, Sec. 55) Trigger: “Wounds or injuries incurred in the performance of duty.” Duration: Up to 6 months with pay; may be split into shorter periods. Extension: If RA 4670 applies, the balance of the one-year paid leave is granted after the 6-month rehabilitation leave lapses.
Teacher’s Service Credits / Sick Leave Teachers earn “service credits” (time-off earned for work rendered on days beyond the regular teaching load). These credits:
- may be commuted to pay when separation occurs;
- are typically used for short illnesses; they are not charged while RA 4670 or rehabilitation leave is running.
Extended Sick Leave Without Pay Once statutory paid leave is exhausted, additional leave may be approved without pay; the teacher may simultaneously receive GSIS/EC disability benefits.
Terminal Leave If the injury leads to retirement, resignation, or permanent total disability, any unused service credits are converted to cash via the terminal-leave benefit.
3 | Compensation and Income Replacement (Beyond Leave)
| Program | Benefit | When Payable | Notes |
|---|---|---|---|
| EC Temporary Total Disability (TTD) | 90 % of Average Daily Salary Credit (ADSC); max 120 days (extendable to 240) | Starts on 1st day of disability; filed within 3 years | Salary received under RA 4670 is not deducted; EC is treated as separate insurance. |
| EC Permanent Partial Disability (PPD) | Schedule-based cash lump sum or pension | After healing period if loss of bodily function | Can coexist with GSIS disability; no offset. |
| EC Permanent Total Disability (PTD) | Lifetime pension + ₱575/month carer’s allowance | Disability > 240 days or pre-listed PTD condition | Suspended if the teacher resumes gainful employment. |
| GSIS Disability Benefits (RA 8291) | • Monthly income benefit (permanent) | ||
| • Cash equivalent for temporary disabilities > 15 days | Filing within 4 years | GSIS pays on top of EC; adjustment caps apply only when benefits of the same nature overlap. | |
| Medical & Rehabilitation Services | Hospitalization, surgery, medicines, PT/OT | Immediately upon injury | First charged to PhilHealth/DepEd insurance; EC & GSIS reimburse excess. |
4 | Procedural Road-Map for the Injured Teacher
Report and Documentation
- Notify the School Head within 24 hours; secure an Accident Report (DepEd Form) countersigned by the Safety Officer.
- Log entry in the EC logbook (Division Office).
Medical Certification
- Obtain Physician’s Certificate indicating diagnosis, dates of confinement, and estimated healing period.
- For rehab leave: attach a Medical Abstract plus specialist recommendation.
Application for Leave
- File CS Form 6 (“Application for Leave of Absence”) → route to Division HR, then CSC Field Office.
- Tick “Rehabilitation Leave”; if beyond 6 months, cite RA 4670.
Employees’ Compensation (EC) Claim
- File GSIS Form KP-3 (Notice of Accident/Sickness) within 5 days of knowledge by employer; submit KP-5 (Claim for TTD/PPD/PTD) once disability period is determinable.
GSIS Disability Claim
- Separate filing (e-GSISMO or physical). Include accident report, medical certification, and salary history.
Monitoring & Return-to-Work
- Periodic medical evaluation; partial return possible under light-duty arrangements.
- School must provide Reasonable Accommodation consistent with RA 7277 (Magna Carta for Disabled Persons).
5 | Hierarchy and Coordination of Benefits
Order of Charging Leave
- Rehabilitation Leave (0–6 months)
- RA 4670 Balance (6–12 months)
- Service Credits / Sick Leave
- Leave Without Pay
Salary vs. Insurance
- The full salary under RA 4670 is salary; EC/GSIS are insurance. They are not mutually exclusive, so a teacher may receive both simultaneously.
- However, if the teacher opts to work while under partial disability, the EC temporary benefit stops, but salary resumes normally once teaching load recommences.
Tax Treatment
- Salary received under paid leave is subject to income tax; EC and GSIS disability benefits are tax-exempt under Sec. 32(B)(6)(b) of the Tax Code.
6 | Illustrative Scenario
Accident on 15 June 2025 – fractured femur while escorting students during an officially sanctioned field trip. Confinement: 20 June – 10 July; rehabilitation until 30 November 2025 (5 months).
| Period | Leave Charged | Cash Received |
|---|---|---|
| 20 Jun – 30 Nov 2025 | Rehabilitation Leave (CSC) | Full salary + EC TTD (90 % ADSC) |
| 1 Dec 2025 – 14 Jun 2026 | RA 4670 balance (7 months) | Full salary; EC TTD stops at 120th day (18 Oct 2025) |
| After 14 Jun 2026 | If still unfit → Service Credits or LWOP; may qualify for GSIS PPD/PTD | GSIS disability pension kicks in if certified PTD |
7 | Jurisprudence Highlights
- DepEd v. Alcuizar (G.R. 178546, 19 Feb 2014) – Confirmed that the one-year full-pay leave under RA 4670 is separate from ordinary sick leave and should not be offset against service credits.
- Nueva Ecija University of Science & Technology v. Serrano (G.R. 142725, 14 Nov 2001) – Clarified that “in the performance of duty” covers sanctioned off-campus activities.
- Re: Leave Privileges of Government Personnel (CSC Resolution 021471, 2002) – Interpreted rehabilitation leave as interrupting the three-month cap on sick leave without pay.
8 | Employer (School) Obligations
- Occupational Safety & Health – RA 11058 fines (₱100k–₱1 million) for unsafe conditions.
- Prompt EC Reporting – Failure to report within 5 days makes the agency liable for the resulting benefits.
- Reassignment/Light Duty – Must be offered when medically advisable; denial can be an unfair labor practice under RA 4670 Sec. 7.
9 | Practical Checklist for Teachers & Administrators
| Step | Teacher | School |
|---|---|---|
| 1 — Immediate Care | Seek first aid; request transport to accredited facility | Arrange transport; start Accident Report |
| 2 — Documentation | Secure med. certificate, prescriptions, receipts | File EC KP-3; log incident |
| 3 — Leave Application | Complete CS Form 6, attach docs | Endorse to CSC within 5 days |
| 4 — EC/GSIS Claim | Upload forms via e-GSISMO | Provide salary history |
| 5 — Follow-up | Attend medical boards; keep HR updated | Monitor healing; plan light-duty |
| 6 — Return to Work | Obtain fit-to-work or PPD/PTD certification | Issue Return-to-Work Order; adjust timetable |
10 | Conclusion
Philippine law builds a layered safety net for public-school teachers injured on the job: statutory paid leave (up to one year), rehabilitation leave, service credits, and two insurance schemes (EC and GSIS) working in tandem. Navigating the system requires prompt reporting, precise documentation, and coordination among the teacher, the school, GSIS, and the CSC. When applied correctly, these measures ensure that a teacher’s health, livelihood, and tenure are protected while recovering from a work-related accident.