Personnel Regulation 44: Leaves of Absence

PMR 44 - Form 1: Fitness for Duty to Return from Leave Certification Form
PMR 44 - Form 2: Catastrophic Leave Application Form
PMR 44 - Form 3: Catastrophic Leave Donation Form

A. Defined. Sick leave is leave from duty with pay which may be granted to an employee because of bona-fide illness or injury or because of illness or injury to a family member, domestic partner, or a person in a familial relationship residing in the same household, or for a medical, dental or optical appointment to the extent such appointment cannot be scheduled outside the work day.

B. Eligible Employees. Only regular, provisional, probationary employees and at will employees except elected officials are entitled to sick leave. Regular employees employed on a part-time basis are entitled to sick leave, but will accrue it on a pro-rata basis.

C. Sick Leave Accrual. Unless an applicable collective bargaining agreement provides otherwise, eligible employees will accrue sick leave at the rate of .0462 hours for each hour or major fraction thereof served with no limit on accrual.

D. Employee Sick Leave Use. Unless an applicable collective bargaining agreement provides otherwise, sick leave up to the total number of working hours accumulated may be granted by an employee's department head in the case of a bona fide illness or injury to the employee. The employee must submit a written application or time off request to his or her supervisor for approval and submittal to the department head. The department head may require a physician's certificate or other evidence of illness or injury.

E. Employee Sick Leave Used for Family. One half of an employee's annual accumulated sick leave or up to 6 accrued days per year, whichever is longer, may be used due to the illness or injury of a child, spouse, parent, domestic partner or person in a familial relationship residing in the same household. The department head may require a physician's certificate or other evidence of illness or injury.

F. Sick Leave Use Exception. Paid sick leave will not be granted for an injury attributable to an outside occupation for which Workers' Compensation benefits are available and/or engagement in the outside employment has not been authorized by the County.

G. Sick Leave Usage for Industrial Accidents.

H. Excessive Sick Leave Usage. An employee who is excessively absent may be subject to disciplinary action. Excessive absenteeism may be defined as absence in excess of the average annual sick leave usage for the employee's department, not including time as a result of FMLA, workers’ compensation leave, and up to six days of family sick leave. The pattern of absence and the nature of the illness, as well as other related information, may be taken into account.

I. Abuse of Sick Leave. An employee will be subject to disciplinary action for abuse of sick leave when the employee claims entitlement to sick leave yet it is determined he/she has not met the requirements for sick leave usage as set forth in 44.1.A, above.

J. Evaluation of Sick Leave Usage. Each employee's annual or special evaluation may contain a statement of the employee's use of sick leave during the evaluation period and state whether the employee's usage is excessive as set forth in 44.1.H, above. Excessive use or abuse of sick leave will be considered in establishing the performance rating.

K. No Payout at Separation. There will be no pay-off of any unused sick leave at the time an employee separates employment from the County.

L. Unused Sick Leave Conversion to Retirement Service Credit Upon Retirement. Unless an applicable collective bargaining agreement provides otherwise, retirement service credit is provided for 75% of unused sick leave at the time of retirement from County service.

A. Eligibility. The catastrophic leave donation plan is available to all regular employees who have completed six months of probation, have applied for and been approved for catastrophic leave and have exhausted all paid leave or anticipate exhausting all paid leave within the next two pay periods.

B. Definition. Catastrophic leave is defined as a bona-fide and verifiable long-term illness or injury of the employee or immediate family member that will require the prolonged absence of the employee from duty and will result in a substantial loss of income to the employee due to the exhaustion of all paid leave available.

C. Type of Leave to Be Donated. Donation may include vacation and floating holidays.

D. Limit (Donor and Recipient). There will be no minimum donation amount. Donors must maintain a leave balance (including sick leave) of one week (37.5 or 40 hours or the equivalent). A recipient may receive up to a maximum of 6 months leave (975 or 1040 hours or the equivalent). Additional time may be received in amounts not exceeding another 6 months equivalent. To be eligible to receive more than the original limit, there must be a favorable prognosis for recovery and a predictable date of return to work. For employees who receive special extended sick leave from the Board of Supervisors upon the request of their department, the total of special extended sick leave and catastrophic leave will not exceed 12 months.

E. Integrating of Other Leave Policies. All other leave balances (including sick leave, vacation, floating holidays, compensatory time and personal leave) must be exhausted prior to receipt of donated leave. However, the approving authority may approve the solicitation and acceptance of leave donations prior to all balances being exhausted when a physician's statement and leave balances indicate the probable exhaustion of leave balances within two pay periods. The definition of physician will be the same as that contained in the Family Medical Care Leave Policy, PMR 44.7.B.7. Donated leave will be integrated with other disability plans including but not limited to SDI, Long Term Disability, Social Security, or any other disability plan. In no case will the total of any disability payment and donated leave total be more than the employee's regular wages.

F. Leave Accrual During Leave Donated. An employee on donated leave will not accrue sick leave, vacation or any other type of leave.

G. Processing and Administration. The Catastrophic Leave Donation Plan will be administered by the Human Resources Department. Leave must be requested and approved in advance. Approval will be at the discretion of the Director of Human Resources or designee after consultation with the department head. Request must be made on the County's Catastrophic Leave Request Form and submitted to Human Resources by any means, including mail, personal delivery, facsimile, or by representative. After a leave request has been made and approved and donations made, the donor's department may request a budget adjustment from the Board of Supervisors to fund the leave donation. Upon approval and solicitation, Human Resources will provide the required information to the Auditor-Controller's Office for processing of leave balance adjustments.

H. Donor Release. All donors must sign a release form. Donations are irrevocable and become part of the recipient's sick leave balance.

I. Death of Recipient. Should a recipient employee die, the time credited to the employee’s sick leave account will be placed in a bank and distributed in accordance with the Plan requirements. Donations to known terminally ill employees will be posted in amounts not to exceed two pay periods worth of time unless the donor requests that the donation be effective immediately. Any time donated to the employee that was not yet processed will have the donation form returned to the donor.

J. Conversion From Donor to Recipient. Donated leave will be converted to sick leave at its cash value at the donor's base rate of pay and then credited to the recipient in equivalent hours of leave at the recipient's base rate of pay.

K. Solicitation. Upon approval of the need for catastrophic leave donation by the Director of Human Resources and provided the requesting employee's leave request so directs, Human Resources will, upon the approval of the employee on the leave request form, send a donation request letter to all departments for posting on employee bulletin boards, or publication in employee newsletters. No confidential medical information will be contained in the donation request. All departments will be supplied with donation forms to give to employees who wish to donate leave.

L. Taxability. The County Catastrophic Leave Donation Plan will comply with all applicable IRS codes. The leave will be taxable to the recipient and appropriate withholding will be made by the County. There is no tax liability to the donor.

Leave without pay due to temporary disability from illness or injury may be allowed by the department head up to a period of 12 months following the expiration of accrued paid sick leave, leave donated, special extended sick leave with pay, or unpaid family medical leave. If an applicable MOU so provides, or upon employee request, employees may retain up to 10 days’ vacation.

For absences of five working days or less, medical clearance from a health care provider may be required. For absences of six consecutive working days or more, medical clearance from a health care provider will be required. The medical authorization will be turned into the department head or designee. Before returning to work from an unpaid medical leave, medical clearance from the County medical provider, or the employee’s personal physician, is required.

A. Eligible Employees. All employees except temporary employees are entitled to accrue vacation leave. Regular employees employed on a part-time basis are entitled to vacation leave, but will accrue it on a pro-rata basis.

B. Vacation Leave Accrual. Unless an applicable collective bargaining agreement provides otherwise, eligible employees will accrue vacation leave on the basis of continuous years of service in accordance with the following schedule:

*Exceptions: For top management positions in unit #21 (Appointed Officials) and #26 (Assistants, Deputies and Battalion Chiefs): 15 working days.

C. Unpaid Leave of Absence. No vacation leave will accrue during any unpaid leave of absence.

D. Vacation Leave Use.

E. Changes to Vacation Leave Requests. Unless department rules have established a different procedure, employees must notify the department head in writing to change or cancel any vacation leave request. The requested change or cancellation will have no effect, and vacation leave will be charged to the employee for the original request, unless and until the department head or his/her designee provides his/her approval of the change/cancellation request in writing.

F. Limits on Accrual of Vacation Leave. Employees will not accumulate any further vacation leave if their unused vacation leave reaches the following levels:

G. Holidays During Approved Vacation Leave. When a holiday observed by the County falls within an employee's approved vacation leave, that day will not be charged against the employee's accrued vacation leave.

H. Injury or Illness During Approved Vacation Leave. If an employee becomes ill or is injured during approved vacation leave, the time of actual illness may be charged against accrued sick leave, if any, provided the employee meets the criteria set forth in Section 44.1.

I. Payment Upon Separation from Employment. Subject to limits on unused hours specified in subsection F, an employee who separates employment with the County and has earned and accrued vacation leave to his/her credit will be paid for the remaining vacation leave as of the last date of employment.

A. Recognized Holidays. The following holidays are observed by the County. Unless an applicable collective bargaining agreement provides otherwise, all regular, probationary, provisional and at-will (exclusive of temporary) employees are entitled to the following holidays with pay.

B. Special Holidays. In addition to the recognized holidays listed in subsection A, the County may, provided approval is given by the Board of Supervisors, observe as a holiday every day appointed by the President of the United States or the Governor of the State of California for a public fast, thanksgiving or holiday upon which federal and/or state government offices will be closed. Such a holiday will be granted to regular, probationary, provisional and at-will (exclusive of temporary) employees.

C. Weekend Holidays. If a holiday, other than December 24 or December 31, falls on a Saturday or Sunday, the Friday preceding a Saturday holiday or the Monday following a Sunday holiday will be deemed a holiday in lieu of the day observed. For an employee who does not work a Monday through Friday schedule, the day immediately following his/her two days off will be deemed to be a holiday in lieu of the day observed, unless for business reasons the department head and employee agree to another day, preferably within the same pay period.

D. Floating Holidays. Unless an applicable collective bargaining agreement provides otherwise, 2 to 4 days per year (as noted below) will be deemed floating holidays which may be taken at any time or times during the fiscal year in which they are accrued provided written request is made in advance and the department approves such request in writing. Employees eligible for floating holidays are regular, probationary, and at-will (exclusive of temporary employees and elected officials). If an employee transfers to another County position, the total accrual for the year of transfer will not exceed the maximum accrual for the year for any one position held.

A. Statement of Policy. To the extent not already provided for under current leave policies and provisions, the County will provide Family Medical Care Leave for eligible employees as required by state and federal law. Unless otherwise indicated, "leave" under this section will mean leave pursuant to the Family Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA).

B. Definitions. The following definitions apply to this policy.

C. Reasons for Family Medical Care Leave. Leave is only permitted for the following reasons:

D. Employees Eligible for Leave. An employee is eligible for leave if the employee:

E. Amount of Leave. Eligible employees are entitled to a total of 12 workweeks of leave during any 12-month period, with the following exceptions:

F. Employee Benefits While on Leave

G. Substitution of Paid Accrued Leaves. Unless otherwise precluded by law, e.g. Labor Code 4850 time, an employee must use paid accrued leaves concurrently with FMLA. Employees who are eligible to receive state disability insurance may receive paid state disability leave (Paid Family Leave) during FMLA or CFRA leave, with the exception of FMLA used for illness of the employee, effective July 1, 2004.

H. Medical Certification

I. Intermittent Leave or Leave on a Reduced Leave Schedule. If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition or treatment required for oneself, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule.

J. Employee Notice of Leave. Although the County recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days notice is required.

In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee will inform his/her supervisor as soon as possible that such leave will be needed. Such notice may be given orally. If the County determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the County may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute.

K. Reinstatement upon Return from Leave

L. Fitness For Duty Certification. As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition which made the employee unable to perform his/her job, the employee must obtain and present a fitness-for-duty certification from the health care provider indicating that the employee is able to resume the essential functions of his or her pre-leave position. Failure to provide such certification will result in denial or delay of reinstatement.

M. Reinstatement of "Key Employees". The County may deny reinstatement to a "key" employee (i.e., an employee who is among the highest paid 10 percent of all employees) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the County, and the employee is notified of the County's intent to deny reinstatement on such basis at the time the employer determines that such injury would occur.

N. Required Forms. Employees must request, complete and return each of the applicable forms (Fitness for Duty to Return from Leave Certification Form or FMLA Leave Request Form) in connection with leave under this policy.

A. Definition - School visit leave is up to 40 hours each year, not to exceed 8 hours per month, of paid or unpaid leave taken by a parent, guardian or grandparent having custody of 1 or more children who are in school (grades 1 through 12) or who is attending a licensed child day care facility to participate in activities of the child's school or daycare facility.

B. Eligible Employees - Only employees who are custodial parents, guardians or grandparents are eligible.

C. Prior Notice Required - Eligible employees desiring to take school visit leave must provide written notice to the department head or designee reasonably in advance of the leave. Failure to provide written notice in a reasonable time prior to the leave may result in denial of the leave request.

D. Other Leave Runs Concurrently With School Visit Leave - An employee must use vacation, floating holiday, personal leave or compensatory time off concurrently with school visit leave. The employee will notify the County of which leave he/she intends to run concurrently with school visit leave at the time of the leave request. If the employee fails to make an election, the County may designate which leave will run concurrently with school visit leave.

E. Documentation of Participation - The County may require the employee taking school visit leave to provide written documentation from the school or licensed daycare facility evidencing the employee's participation.

A. Definition. Bereavement leave is leave with pay, up to 5 consecutive working days (37 ½ or 40 hours), which may be granted by the department head or his/her designee to be used by the employee in the case of the death of an eligible employee's mother, father, spouse, domestic partner, sister, brother, son or daughter. Bereavement leave will be charged against the employee’s sick leave. Bereavement leave may be granted upon approval of the County Administrator in case of the death of other persons whose death is a matter of concern to the employee.

B. Eligible Employees. All employees except temporary employees and elected officials are entitled to bereavement leave. Regular employees employed on a part-time basis are entitled to bereavement leave, but on a pro-rata basis.

C. Documentation of Death. The County may require the employee taking bereavement leave to provide written documentation of the death for which the bereavement leave is taken.

A. Definition. Personal leave is paid leave which may be granted at the sole discretion of an employee's department head. Approval or denial of an employee's request for personal leave will be based on the employee's quality of performance, workload, office workload and any other factors the department head deems appropriate.

B. Eligible Employees. Unless an applicable collective bargaining agreement provides otherwise, employees, except temporary employees, may be granted and accrue personal leave. Regular employees employed on a part-time basis may be entitled to personal leave, but will accrue it on a pro-rata basis.

C. Manner of Accrual of Personal Leave for Unrepresented Employees in Units #21, #24, and #26. Each unrepresented regular employee in positions in units #21 (Appointed Officials), #24 (except confidential clerical) and #26 (Assistants and Deputies), except for Deputy County Counsels, Deputy District Attorneys, Attorneys I through IV, may be eligible to receive personal leave not in excess of 40 hours per year which, if allowed, must be taken during the same fiscal year. Each regular employee on the payroll as of July 1st will be credited with 40 hours personal leave for that fiscal year. Employees newly appointed between July 1 and October 31 will be credited with 40 hours personal leave for that fiscal year. Any such employee appointed between November 1 and February 28 (29) will be credited with 20 hours of personal leave for the balance of that fiscal year. Any such employee appointed between March 1 and May 31 will be credited with 8 hours of personal leave for the balance of that fiscal year. Any such employee appointed between June 1 and June 30 will receive no personal leave for that fiscal year.

D. Manner of Accrual of Personal Leave for Unrepresented Employees in "Confidential Clerical" Positions (Unit 24-02). Each unrepresented regular employee in a position in unit #24-02 (Confidential Clerical) will be eligible to receive personal leave not in excess of 37 ½ hours per fiscal year which must, if allowed, be taken during the same fiscal year. Each regular employee on the payroll as of July 1st will be credited with 37 ½ hours personal leave for that fiscal year. Employees newly appointed between July 1 and October 31 will be credited with 37 ½ hours personal leave for that fiscal year. Any such employee appointed between November 1 and February 28 (29) will be credited with 18 hours of personal leave for the balance of that fiscal year. Any such employee appointed between March 1 and May 31 will be credited with 7 ½ hours of personal leave for the balance of that fiscal year. Any such employee appointed between June 1 and June 30 will receive no personal leave for that fiscal year.

E. Manner of Accrual of Personal Leave for Unrepresented Deputy County Counsels I-IV (Unit 24-03) and Deputy District Attorneys I through IV (Unit 25-01). Each unrepresented regular employee in a position in unit #24-03 (Deputy County Counsels) and unit 25-01 (Deputy District Attorneys I through IV) will be eligible to receive personal leave not in excess of 80 hours per fiscal year which must, if allowed, be taken during the same fiscal year. Each regular employee on the payroll as of July 1st will be credited with 80 hours personal leave for that fiscal year. Employees newly appointed between July 1 and October 31 will be credited with 80 hours personal leave for that fiscal year. Any such employee appointed between November 1 and February 28 (29) will be credited with 40 hours personal leave for the balance of that fiscal year. Any such employee appointed between March 1 and May 31 will be credited with 8 hours of personal leave for the balance of that fiscal year. Any such employee appointed between June 1 and June 30 will receive no personal leave for that fiscal year.

F. Manner of Accrual of Personal Leave for Represented Employees. The right to, use of and manner of calculating the accrual of personal leave for employees represented by a union or association, if any, will be determined by applicable collective bargaining agreement.

G. Effect of Transfer on Personal Leave. If an employee transfers from one County position to another, the total accrual for the fiscal year of transfer will not exceed the maximum accrual for that year for any one of the positions held.

H. Use of Personal Leave. Personal leave, if granted by a department head and accrued in advance, may not be taken without written request to the department head or his/her designee and notification from the department head that the request has been approved in advance of the leave. Requests to use personal leave should be scheduled as far in advance as reasonably possible in each work unit, and should be staggered over the entire calendar year to the extent reasonable. Employee preference for personal leave time or times, to the extent that it is reasonable, will be honored (on a seniority or annual rotation basis, in the event of a conflict), subject to the department head's judgment as to the maintenance of minimum work forces at all times, peak workload coverage and/or general departmental and public convenience.

I. No Carry Over of Personal Leave. Personal leave will not carry over from one fiscal year to the next. When an employee terminates, there will be no compensation for unused personal leave unless an applicable MOU provides otherwise.

A. Military leave will be granted in accordance with the provisions of federal and state law. Military leaves of absence in excess of 30 days will be reported by the department head to the Director of Human Resources to insure that all statutory requirements are satisfied.

B. During times of declared war or otherwise, the Board of Supervisors may approve additional time with supplemental pay and benefits in addition to the 30 days of full pay under California law.

In accordance with State law, employees whose work schedule prevents them from voting at a statewide election may take up to two (2) hours off with pay at the beginning or end of the work day. If the time off is required, the employee must have prior approval from the employee’s department head at least two (2) days prior to the statewide election.

A. Definition. Every employee of the County who is summoned or required to serve as a trial juror is entitled to be absent from the County during the period of service. Such employees will be deemed to be on special service status for the duration of such jury duty. Such employee, except temporary employees, will be paid the employee's regular salary and will either waive or return to the County any and all jury fees.

B. Employee Must Immediately Notify His or Her Supervisor of Receipt of Summons for Jury Duty. An employee summoned for jury duty must immediately notify his or her supervisor.

C. Employee Must Report Status of Jury Duty to Supervisor on Daily Basis. Employees are required to notify their supervisor on a daily basis regarding jury duty hours, including jury duty release time.

D. Employees Must Take Advantage of Court Call-In and other Scheduling Procedures. Where courts have call-in procedures to determine days and hours of service, employees must take advantage of these procedures. If an employee is told by the Court not to report, is dismissed, or is told to call in the next day, the employee must come to work and, if necessary, make the call from the County, unless the employee receives prior approval from the department head, or supervisor, to call from home.

A. Definition. Any female employee will be entitled to take an unpaid leave on account of pregnancy, childbirth, or related medical conditions up to 6 months. The employee will be entitled to utilize accrued sick leave during the period of disability, as well as vacation leave or other accrued paid leave during this period of time. An employee will not accrue additional vacation or sick leave during any unpaid portion of this leave. The employee is eligible for and is designated to be on Family Medical Leave upon the commencement of pregnancy disability leave.

B. Employees Must Notify of Intent to Take Pregnancy Leave. Any employee who plans to take a leave on account of pregnancy, childbirth, or adoption or related situation should submit in writing to her department head a statement of her intent to take leave, including a physician's statement indicating her last advisable or probable date to remain at work and a statement of her intended date to return to work. Notice must be given not less than 30 days prior to the intended commencement date of the leave, if the leave is foreseeable. When the need for leave does not allow for 30 days notice, notice must be given as soon as practicable.

In accordance with state law, the County will provide a reasonable amount of break time to employees who are breast feeding to express milk. If possible, the break time will be that already provided. If not, the break time will be unpaid. The County will provide a private location close to the employee’s work area for this break. The break time may be denied if it would seriously disrupt the department’s operations. The County will endeavor to provide access to a refrigerator to store expressed milk.

Administrative Leave is leave with pay taken at the sole discretion of the County. Employees placed on Administrative Leave will be relieved of their regular duties during the period of Administrative Leave. Employees placed on Administrative Leave will remain at their residences or elsewhere at the instruction of the department head during their regular work hours. Employees placed on Administrative Leave will report by phone to their department head or designee daily or as otherwise instructed by their department head or designee during the period of the leave. Administrative leave is not discipline and does not entitle the employee to any right of appeal.

A. Definition. Leave without pay means leave which is requested after all sick leave, vacation leave, compensatory time off and other leaves of absence which the employee is entitled to use have been exhausted. Leave without pay is not to exceed one year. Upon employee request, the employee may retain up to 75 or 80 hours’ vacation in their accrual account.

B. Eligibility. All employees except temporary employees are eligible for leave without pay.

C. Request Procedure

D. No Accrual of Benefits During Leave Without Pay. Vacation, sick leave and other paid leaves will not be earned during the leave, and holidays with pay will not be given. The County contributions to monthly premium costs of medical insurance will be suspended except as provided under approved FMLA. After this time, the employee must make arrangements with the Auditor-Controller’s Office to continue to pay his/her normal monthly premium costs for insurance or lose coverage.

A. Definition. In extraordinary circumstances, leave with pay for serious economic hardship, illness or distress not otherwise covered by any leave policy may be granted.

B. Eligibility. Only regular employees with at least five years of continuous service may be eligible for special leave for distress not otherwise covered. To be eligible for special leave, if for illness, there must be a favorable prognosis for recovery and there must be a predictable date of return to work.

C. Procedure for Application. An employee who would otherwise experience serious economic hardship, illness, or distress not otherwise covered by any leave policy provided for above, and who has exhausted all other avenues of paid leave, including catastrophic leave donation except in the case of appointed department heads, may apply in writing to the employee's department head for leave with pay. If the department head is satisfied that the employee will otherwise experience serious economic hardship, illness or distress, the department head may recommend to the County Administrator to grant special leave. The County Administrator, if satisfied of the existence of serious economic hardship, illness or distress, may recommend to the Board of Supervisors that special leave be granted. The final decision to grant or deny special leave for distress not otherwise covered will be at the sole discretion of the Board of Supervisors.

For employees with five years or more of continuous full-time County service, a department head may grant a leave of absence without pay for up to three calendar months for such purposes as education or restorative endeavors.

Sabbatical leave may only be granted when no disservice to the County will result. Leave balances may remain for an employee granted sabbatical leave.

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor

Approved: ss/President, Board of Supervisors