Dear PAO,

My live-in partner is a government employee. Unfortunately, she was diagnosed with cancer and will be undergoing treatment. Her sister, a private employee, said that her co-worker, who also has cancer, is allowed to have a flexible work arrangement such as a “work-from-home” setup. Is there something similar for civil servants? It will immensely help lessen the burden on my partner if she can work from home. It will save her not only a lot of time from her day-to-day commute but also the energy she needs to recuperate. Please advise.

Orly

Dear Orly,

Cancer is known to be one of the leading causes of death in our country and, perhaps, around the world. This is why our government has consistently made efforts to address the needs of persons living with cancer as well as those who have survived said illness and improve the programs that are aimed to help and support them. In fact, Republic Act (RA) 11215, otherwise known as the “National Integrated Cancer Control Act,” specifically mandates the Civil Service Commission (CSC), among other government agencies, to develop policies and programs geared toward the provision of support for people battling or have battled with cancer. As provided for under Section 18 of RA 11215:

“Section 18. Health Education and Promotion in the Workplace. – The Department of Labor and Employment (DOLE), Civil Service Commission, and Technical Education and Skills Development Authority, in coordination with the DOH, shall develop policies and provide technical guidance to employers, employees associations, and unions to:

“x x x

“(b) Undertake mainstreaming of practical supportive care and psychosocial support programs for people living with cancer, cancer survivors, and their family members;”

In line with the aforementioned government’s mandate, the CSC has issued Memorandum Circular 06 dated June 6, 2022, the Policies on Flexible Work Arrangements in the Government, which allows government agencies to adopt a flexiplace work arrangement for civil servants who are recuperating from cancer, among other illnesses and diseases, provided that such arrangement is only on a temporary basis, is duly approved by the head of the agency, does not affect the employee’s ability to perform regular work, is based on the recommendation of the attending physician, and that such medical condition is supported by the employee’s medical records. To be certain, it is explicitly stated therein that:

“IV. CONCEPT AND DEFINITION OF TERMS

“Agencies in government may adopt any of the following flexible work arrangements:

“A. Flexiplace – refers to an output-oriented work arrangement that authorizes government officials or employees to render service at a location away from their office, either in the home/residence of the official or employee, agency satellite office, or another fixed place, on a temporary basis duly approved by the head of office/agency.

“Flexiplace work arrangement has three (3) types, namely:

“1. Work from home (WFH) – is a work arrangement where the government officials or employees work at home or their residence; x x x

“The adoption of the flexiplace work arrangement may be allowed under any of the following conditions: x x x

“3. Medical – this work arrangement may be allowed for government officials or employees who are recuperating from a medical condition, e.g., Osteogenesis Imperfecta, cancer, diabetes mellitus, chronic kidney disease, and other analogous diseases, which does not affect his/her ability to perform regular work assignment at an alternate worksite as certified by the attending physician. The duration of the flexiplace work arrangement shall be based on the recommendation of the attending physician. Request for flexiplace due to medical conditions shall be supported by the medical records of the government official or employee concerned.” (Emphasis and underlining supplied)

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]