Chapter 6.18 VACATIONS

6.18.010 Vacation allowance.

6.18.020 Definitions.

6.18.030 Limitation on vacation eligibility.

6.18.040 Accrual of vacation leave.

6.18.050 Vacation accrual for probation department camp employees on a 56-hour-week basis.

6.18.060 Vacation accrual for fire department employees on a 56-hour-week basis.

6.18.065 Transition from vacation allowance provisions in effect prior to March 1, 1993.

6.18.070 Leaving vacation.

6.18.080 Time for taking vacations.

6.18.090 Charging of accrued vacation benefits.

6.18.100 Holidays occurring during vacation.

6.18.110 County work during vacation.

6.18.120 Vacation benefit restrictions.

6.18.010 Vacation allowance.

Any person employed by the county on a yearly, monthly or daily position (the “Eligible Employee”) shall be eligible for and entitled to a paid vacation in accordance with and subject to the specific provisions of this Chapter 6.18. Employees who are receiving benefits provided by Subdivision 2, Alternative provisions, of Chapter 5.27, County of Los Angeles Flexible Benefits Plan, are not eligible to accrue vacation benefits provided by this chapter while enrolled in and receiving benefits of Subdivision 2 of said Plan. (Ord. 93-0019 § 14, 1993.)

6.18.020 Definitions.

The following terms, when used in this Chapter 6.18 with initial capital letters, shall have the following meanings, unless the context clearly indicates otherwise:
A. "Current Vacation" means that vacation time which has been earned and accrued in the current calendar year.
B. "Deferred Vacation" means that vacation time which was earned and accrued during the preceding or earlier calendar year.
C. "Vacation Accrual Rate" means the rate which is applied to each Qualifying Hour to determine the number of vacation leave hours earned.
D. "Vacation Anniversary Date" means the date, established for purposes of Section 6.18.065, which has been determined as follows: where an employee’s date of employment is on or before the fifteenth of a month, his/her Vacation Anniversary Date shall be the first day of the month; where the employee’s date of employment is on or after the sixteenth of the month, his/her Vacation Anniversary Date shall be the first day of the following month.
E. "Vacation Maximum Hours" means the maximum number of vacation leave hours that can be earned and accrued each calendar year.
F. "Vacation Pay Period Rate," effective with the pay period ending April 15, 2012 and upon notification to the board of supervisors by the chief executive officer that the human resources management system implementing this provision is fully operational, means the maximum number of vacation leave hours and minutes an employee is entitled to each pay period apportioned according to the number of Qualifying Hours.
G. "Vacation Years of Service" means the number of years of county service that an employee has acquired for vacation accrual purposes. For permanent employees the Vacation Years of Service are determined by taking the difference between the employee’s continuous service date and the current date and then rounding down to the nearest full year. For recurrent and temporary employees, the Vacation Years of Service are determined by taking the difference between the latest hire date and the current date and rounding down to the nearest full year. (Ord. 2012-0017 § 28, 2012; Ord. 2010-0014, § 42, 2010; Ord. 93-0019 § 15, 1993.)

6.18.030 Limitation on vacation eligibility.

This Chapter 6.18 shall not apply to any person employed:
A. On an hourly basis;
B. For less than one-half time;
C. As a county officer on an item designated as L pursuant to the provisions of subsection B of Section 6.28.020; or
D. In a position listed in Section 6.28.060. (Ord. 2012-0017 § 29, 2012; Ord. 93-0019 § 16, 1993.)

6.18.040 Accrual of vacation leave.

A. Beginning with the pay period starting on March 1, 1993, each Eligible Employee shall accrue vacation on a pay-period basis. At the beginning of each succeeding pay period, an Eligible Employee shall accrue leave hours based on the employee’s qualifying hours and Vacation Accrual Rate during the preceding pay period. For each qualifying hour in the preceding pay period, a fraction of an hour of vacation leave shall be earned and accrued based on the appropriate Vacation Accrual Rate given in Table 1 below, subject to Vacation Maximum Hours limitation applied each calendar year. Effective with the pay period ending April 15, 2012 and upon notification to the board of supervisors by the chief executive officer that the human resources management system implementing this provision is fully operational, each Eligible Employee shall accrue vacation on a pay-period basis based on the employee’s Vacation Pay Period Rate given in Table 1A below, subject to the Vacation Maximum Hours limitation applied each calendar year. Any unpaid leave not constituting Qualifying Hours in the pay period will cause a proportionate reduction in the vacation leave entitlement for that pay period.
B. The vacation hours that an Eligible Employee may accrue during a calendar year shall be based on the Vacation Maximum Hours given in Table 1 below corresponding to the employee’s Vacation Years of Service. The accumulation of vacation hours towards the calendar-year maximum shall begin each January 1st. When an employee has accrued the maximum number of hours, the employee shall not be entitled to accrue any additional hours until the next January 1st, when accrual starts again.
C. On the anniversary of the date reflecting a change in the Vacation Years of Service as specified in Table 1, a higher accrual rate and additional hours of vacation to which the employee is entitled as a result of the employee’s length of service shall be applied during the remainder of the calendar year. Effective with the pay period ending April 15, 2012 and upon notification to the board of supervisors by the chief executive officer that the human resources management system implementing this provision is fully operational, each employee will begin accruing the higher rate and additional hours of vacation to which the employee is entitled as a result of the employee’s length of service beginning with the first day of the anniversary pay period.
Table 1
(Vacation for 40-Hour Employees)
Vacation Years of Service
Vacation Accrual Rate
Vacation Maximum Hours
Less than 4 years
.041
80
4 to less than 9 years
.060
120
9 to less than 10 years
.064
128
10 to less than 11 years
.068
136
11 to less than 12 years
.072
144
12 to less than 13 years
.076
152
13 years or more
.080
160

D. Effective with the pay period ending April 15, 2012 and upon notification to the board of supervisors by the chief executive officer that the human resources management system implementing this provision is fully operational, Table 1 shall be replaced in its entirety by Table 1A as follows:
Table 1A
(Vacation for 40-Hour Employees)
Vacation Years of Service
Vacation
Pay Period Rate
Vacation
Maximum Hours
Less than 4 years
3:35
80
4 to less than 9 years
5:14
120
9 to less than 10 years
5:35
128
10 to less than 11 years
5:55
136
11 to less than 12 years
6:16
144
12 to less than 13 years
6:37
152
13 years or more
6:58
160

(Ord. 2012-0017 § 30, 2012; Ord. 2010-0014, § 43, 2010; Ord. 93-0019 § 17, 1993.)

6.18.050 Vacation accrual for probation department camp employees on a 56-hour-week basis.

A. Persons employed in probation camps on a 56-hour-week basis shall be entitled to vacations subject to the provisions of this Chapter 6.18 and on the basis of the following Table 2 in lieu of Table 1 specified in Section 6.18.025:
Table 2
Vacation Accrual for Probation 56-Hour Employees
Vacation Years of Service
Vacation Accrual Rate
Vacation Maximum Hours
0 to less than 4 years
.057
112
4 to less than 9 years
.084
168
9 to less than 11 years
.096
192
11 to less than 13 years
.108
216
13 years or more
.112
224

B. Effective with the pay period ending April 15, 2012 and upon notification to the board of supervisors by the chief executive officer that the human resources management system implementing this provision is fully operational, Table 2 shall be replaced in its entirety by Table 2A as follows:
Table 2A
Vacation Accrual for Probation 56-Hour Employees
Vacation Years of Service
Vacation
Pay Period Rate
Vacation
Maximum Hours
0 to less than 4 years
4:58
112
4 to less than 9 years
7:19
168
9 to less than 11 years
8:22
192
11 to less than 13 years
9:24
216
13 years or more
9:45
224

(Ord. 2012-0017 § 31, 2012; Ord. 2010-0014, § 44, 2010: Ord. 93-0019 § 18, 1993.)

6.18.060 Vacation accrual for fire department employees on a 56-hour-week basis.

A. Persons employed in the fire department on a 56-hour week basis shall be entitled to vacations subject to the provisions of this Chapter 6.18 and on the basis of the following Table 3 in lieu of Table 1 specified in Section 6.18.025:
Table 3
Vacation Accrual for Fire Department
56-Hour Employees
Vacation Years of Service
Vacation Accrual Rate
Vacation Maximum Hours
0 to less than 4 years
.075
144
4 to less than 10 years
.097
192
10 to less than 12 years
.111
216
12 years or more
.122
240

B. Effective with the pay period ending April 15, 2012 and upon notification to the board of supervisors by the chief executive officer that the human resources management system implementing this provision is fully operational, Table 3 shall be replaced in its entirety by Table 3A as follows:
Table 3A
Vacation Accrual for Fire Department
56-Hour Employees
Vacation Years of Service
Vacation
Accrual Rate
Vacation
Maximum Hours
0 to less than 4 years
6:32
144
4 to less than 10 years
8:27
192
10 to less than 12 years
9:40
216
12 years or more
10:46
240

(Ord. 2012-0017 § 32, 2012; Ord. 2010-0014, § 45, 2010: Ord. 93-0019 § 19, 1993.)

6.18.065 Transition from vacation allowance provisions in effect prior to March 1, 1993.

A. On March 1, 1993, each Eligible Employee who is otherwise eligible for vacation benefits, as set forth in this Chapter 6.18, shall receive a one-time-only crediting of vacation time earned, but not granted, since the employee’s last vacation anniversary date. Such vacation time shall be based on those provisions of this Chapter 6.18 that were operative prior to March 1, 1993, and shall be calculated as follows:
B. For 40-hour employees and 56-hour employees in the probation department, such vacation time shall be calculated as follows:
1. In any case where an employee’s Vacation Anniversary Date is March 1st, such employee will receive a crediting of vacation time equal to the number of hours that the employee would normally be entitled to on that date, based on active service in the year immediately preceding, and computed in accordance with the appropriate table from subsection B3 below.
2. In any case where an employee’s Vacation Anniversary Date is not March 1st, such employee will receive a crediting of vacation time equal to the number of hours of vacation time to which he/she would otherwise be entitled based on active service since his/her most recent Vacation Anniversary Date and computed in accordance with the appropriate table from subsection B3 below.
3. Tables for determining earned vacation for transition.
a. Table for persons assigned to a 40-hour week who have been in continuous service for more than one but less than five years:
Number of Days of Active Service Required
Number of Working Days’ Vacation Earned
Monthly or Yearly Basis
Daily Basis
1
19
13
2
55
38
3
91
63
4
127
88
5
163
113
6
199
138
7
235
163
8
271
188
9
307
213
10
343
238

b. Table for persons assigned to a 40-hour week who have been in continuous service for at least five years but less than 10 years:
Number of Days of Active Service Required
Number of Working Days’ Vacation Earned
Monthly or Yearly Basis
Daily Basis
1
13
9
2
37
25
3
61
41
4
85
57
5
109
73
6
133
89
7
157
105
8
181
121
9
205
137
10
229
153
11
253
169
12
277
185
13
301
201
14
325
217
15
349
233

c. Supplementary table to be used in conjunction with the Table in paragraph b above for persons assigned to a 40-hour week who have been in continuous service for 10 years but less than 15 years:
Number of Working Days of Additional Vacation Earned
Number of Days of Active Service Required Monthly, yearly basis Years of Continuous Service: 10 yrs
Number of Days of Active Service Required Monthly, yearly basis Years of Continuous Service: 11 yrs
Number of Days of Active Service Required Monthly, yearly basis Years of Continuous Service: 12 yrs
Number of Days of Active Service Required Monthly, yearly basis Years of Continuous Service: 13 yrs
Number of Days of Active Service Required Monthly, yearly basis Years of Continuous Service: 14 yrs
1
183
91
61
46
37
2
--
273
183
137
109
3
--
--
305
228
181
4
--
--
--
319
253
5
--
--
--
--
325
Number of Working Days of Additional Vacation Earned
Number of Days of Active Service Required for Daily Basis
Number of Days of Active Service Required Monthly, yearly basis Years of Continuous Service: 11 yrs
Number of Days of Active Service Required Monthly, yearly basis Years of Continuous Service: 12 yrs
Number of Days of Active Service Required Monthly, yearly basis Years of Continuous Service: 13 yrs
Number of Days of Active Service Required Monthly, yearly basis Years of Continuous Service: 14 yrs
1
125
62
42
31
25
2
--
187
125
93
75
3
--
--
208
155
125
4
--
--
--
217
175
5
--
--
--
--
225

d. Table for persons assigned to a 40-hour week who have been in continuous service for 15 years or more:
Number of Days of Active Service Required Number of Working Days’ Vacation Earned
Monthly or Yearly Basis
Daily Basis
1
10
7
2
28
19
3
46
31
4
64
43
5
82
55
6
100
67
7
118
79
8
136
91
9
154
103
10
172
115
11
190
127
12
208
139
13
226
151
14
244
163
15
262
175
16
280
187
17
298
199
18
316
211
19
334
223
20
352
235

e. Table for persons employed in probation department on a 56-hour basis:
Years of Service
Calendar Days of Service (or Major Portion Thereof) Day of Vacation
Maximum Total Yearly Vacation Per In-Calendar Days/Weeks
Less than 5
60
2 weeks
5 but less than 10
40
3 weeks
10 or 11
36
3 weeks/ 2 days
12 or 13
33
3 weeks/4 days
14 or more
30
4 weeks

C. For fire department employees assigned to a 56-hour workweek, vacation time earned since January 1, 1993 will be calculated in accordance with the following tables:
1. Table for persons assigned to a 56-hour week in the fire department who have been in continuous service for more than one but less than four years:
Number of On-Duty Shifts of Vacation Earned
Minimum Number of Days of Active Service Required
1
32
2
93
3
154
4
215
5
276
6
337

2. Table for persons assigned to a 56-hour week in the fire department who have been in continuous service for at least four years but less than 10 years:
Number of On-Duty Shifts of Vacation Earned
Minimum Number of Days of Active Service Required
1
24
2
70
3
116
4
162
5
208
6
254
7
300
8
346

3. Table to be used for persons assigned to a 56-hour week in the fire department who have been in continuous service for 10 years but less than 12 years:
Number of On-Duty Shifts of Vacation Earned
Minimum Number of Days of Active Service Required
1
21
2
61
3
101
4
141
5
181
6
221
7
261
8
301
9
341

4. Table for persons assigned to a 56-hour week in the fire department who have been in continuous service for 12 years or more:
Number of On-Duty Shifts of Vacation Earned
Minimum Number of Days of Active Service Required
1
19
2
55
3
91
4
127
5
163
6
199
7
235
8
271
9
307
10
343

D. Vacation time credited pursuant to this section shall not be available for use by an employee who has worked for less than one full year until such time as the employee completes one year of service. (Ord. 93-0019 § 20, 1993.)

6.18.070 Leaving vacation.

A. Any person who leaves the service of the county who, immediately prior to such separation, shall have been in county service for one year or more, shall be entitled to a leaving vacation. Payment for such leaving vacation as provided in Section 6.24.040 shall be based on the number of working days earned either during the current calendar year in the event the person began county service prior to January 1, 1967, or during the current year of continuous service in the event the person began county service on or after January 1, 1967.
B. Payment for all accrued vacation may be allowed any person, except those employed on L Items, leaving county service in lieu of carrying such person on the payroll. Such payment as provided in Section 6.24.040 shall be at the workday rate of pay in effect on the employee’s final day of county service.
C. Notwithstanding subsection (A)(3) of Section 6.18.030 or any other provision of this Title 6, any person employed and paid as a county officer on an item designated as L pursuant to the provisions of subsection B of Section 6.28.020 shall, when he has a Separation from Service with the county, be entitled to a lump-sum payment in accordance with subsection A of this section as if he were not such an officer; provided further, that in lieu of such payment, he shall be entitled to payment equal to one week’s pay at his current rate for each year of his county service up to 10 years of service, and two weeks’ pay at his current rate for each year of his county service in excess of 10 years of service, provided that the total payment does not exceed 25 weeks’ pay at his current rate. Further, such officer may receive additional payment in an amount approved by the board, provided the total payment made pursuant to this section does not exceed the maximum of 25 weeks’ pay at his current rate. For purposes of this subsection, county service shall include any service rendered as an officer or employee of any other public entity of which the Los Angeles County board of supervisors is the governing body. Any person appointed by the board of supervisors or elected to an item designated as “L” pursuant to the provisions of subsection B of Section 6.28.020 on or after July 19, 1994, shall not be entitled to any leaving vacation benefits pursuant to this subsection C as a result of such appointment or election, but shall have the right to be paid pursuant to Section 6.08.080D for any leaving vacation or other benefits accrued prior to such appointment or election.
1. Payment of the leaving vacation provided by this section 6.18.070.C shall be made on or before the 30th day following the employee’s Separation from Service.
2. For purposes of this section 6.18.070.C., Separation from Service occurs when the employee terminates employment (including a termination from employment due to death or retirement) with the county (and any other public entity of which the Los Angeles County board of supervisors is the governing body).
a. A termination of employment will have occurred only if the county and employee reasonably anticipate that the level of bona fide services to be performed by the employee after that date (whether as an employee or an independent contractor) will permanently decrease to no more than 49% of the average level of bona fide services performed (whether as an employee or an independent contractor) over the immediately preceding testing period. For these purposes, the testing period is the preceding 36-month period or the full period of services to the county if the employee has been providing services for less than 36 months.
b. A termination of employment does not occur while the employee is on a Bona Fide Leave of Absence (as defined herein) if the period of such leave does not exceed 6 months or, if longer, so long as the individual retains a right to reemployment with the county under applicable statute, ordinance or contract. A Bona Fide Leave of Absence includes military leave, sick leave or other bona fide leave of absence under applicable rules, provided that there is a reasonable expectation that the employee will return to perform services for the county. If the Bona Fide Leave of Absence exceeds 6 months and the individual does not retain a right to reemployment under applicable statute, ordinance or contract, the employment relationship is deemed to terminate on the first date immediately following that 6-month period. Notwithstanding the foregoing, if a Bona Fide Leave of Absence is due to any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than six months, and where the impairment causes the employee to be unable to perform the duties of his or her position of employment or any substantially similar position of employment, a period of 29 months is substituted for the 6-month period otherwise applicable under this provision.
c. For purposes of section 6.18.070.C.2.a., for periods during which an employee is on a Bona Fide Leave of Absence (as defined in section 6.18.070.C.2.b.) and has not otherwise terminated employment, the employee is treated as providing bona fide services at a level equal to the level of services that the employee would have been required to perform to receive the compensation paid during that Bona Fide Leave of Absence. Periods during which the employee is on an unpaid Bona Fide Leave of Absence are disregarded for the purposes of section 6.18.070.C.2.a. (Ord. 2008-0071 § 13, 2008; Ord. 94-0080 § 2, 1994: Ord. 94-0063 § 2, 1994: Ord. 94-0053 § 2, 1994: Ord. 6222 Ch. 1 Art. 10 § 186, 1953.)

6.18.080 Time for taking vacations.

A. Vacations shall be taken at the time authorized by an employee’s department head.
B. Vacation earned in one pay period is available for use in the next pay period, except that vacation earned during the employee’s first year of service is subject to the restriction in subsection C below.
C. Vacation hours earned by an Eligible Employee pursuant to this Chapter 6.18 may not be taken off or paid off at separation from service until the employee has completed one year of service, based on the employee’s continuous service date, or, for an otherwise eligible employee without a continuous service date, the employee’s latest hire date.
D. Until December 1, 1993, whenever the sum of an employee’s Current and Deferred Vacation exceeds 40 days or 320 hours, that portion in excess of 40 days or 320 hours may be deferred for no more than one year. If at the end of that year, an employee still has Current and Deferred Vacation in excess of 40 days or 320 hours, the employee shall lose that portion in excess of 40 days or 320 hours and be compensated for it at his workday rate of pay in effect on the last day of such year of deferment.
E. Effective on December 31, 1993, and at the end of each calendar year thereafter, the sum of an employee’s Current and Deferred Vacation may be deferred to the following calendar year. If that sum exceeds 320 hours, those hours in excess of 320 hours must be used by the end of the calendar year to which they were deferred. If, at the end of that year, an employee still has Current and Deferred Vacation in excess of 320 hours, the employee’s balance of available vacation hours shall be reduced by the number of hours in excess of 320 hours that were deferred, and the employee shall be compensated for the reduction on an hour-for-hour basis at the employee’s workday rate of pay in effect on the last day of the year of deferment.
F. Effective with the pay period ending April 15, 2012 and upon notification to the board of supervisors by the chief executive officer that the human resources management system implementing this provision is fully operational, and at the end of each calendar year thereafter, an employee shall be compensated for accumulated Vacation time which, in the aggregate, is in excess of 480 hours. Such excess Vacation time shall be paid at the employee’s workday rate of pay in effect on the last day of the calendar year.
G. Where specifically approved by the Board of Supervisors, safety fire fighting employees and full-time permanent, safety lifeguard employees employed in the Fire Department and full-time permanent, safety lifeguard employees employed in the department of parks and recreation shall be compensated for accumulated vacation time as follows:
1. A 56-hour safety fire fighting employee employed in the Fire Department who, as of December 31, 2005, has in excess of 720 hours of accumulated Current and Deferred Vacation time and a 40-hour safety fire fighting employee employed in the Fire Department who, as of said date, has in excess of 480 hours of accumulated Current and Deferred Vacation time shall not be paid for such time prior to termination from County service. Such accumulated Current and Deferred Vacation time shall remain available for the employee’s use subject to prior approval of the employee’s department head. Upon termination from County service, any such remaining time shall be paid off at the workday rate of pay in effect on the employee’s final day of County service.
2. Commencing December 31, 2005, and continuing on each December 31st thereafter, each safety fire fighting employee employed in the Fire Department shall be compensated for accumulated Current and Deferred Vacation time which, in the aggregate, is in excess of 480 hours in the case of 56-hour employees or 320 hours in the case of 40-hour employees. Such excess Current and Deferred Vacation time shall be paid at the employee’s workday rate of pay in effect on the last day of the calendar year;
3. A 40-hour permanent safety lifeguard employee employed in the Fire Department or in the department of parks and recreation who, as of December 31, 2005, has in excess of 480 hours of accumulated Current and Deferred Vacation time shall not be paid for such time prior to termination from County service. Such accumulated Current and Deferred Vacation time shall remain available for the employee’s use subject to prior approval of the employee’s department head. Upon termination from County service, any such remaining time shall be paid off at the workday rate of pay in effect on the employee’s final day of County service;
4. Commencing December 31, 2005, and continuing each December 31st thereafter, each 40-hour permanent safety lifeguard employee employed in the Fire Department or in the department of parks and recreation shall be compensated for accumulated Current and Deferred Vacation time which, in the aggregate, is in excess of 320 hours. Such excess Current and Deferred Vacation time shall be paid at the employee’s workday rate of pay in effect on the last day of the calendar year. (Ord. 2012-0017 § 33, 2012; Ord. 2010-0014, § 46, 2010; Ord. 2005-0057 § 3, 2005: Ord. 2005-0038 § 4, 2005: Ord. 93-0019 § 21, 1993.)

6.18.090 Charging of accrued vacation benefits.

Except as provided in Section 6.09.060 subsection A, the accrued vacation benefits provided herein for any employee shall be reduced by one-half hour for each one-half hour of vacation taken by the employee. (Ord. 93-0019 § 22, 1993.)

6.18.100 Holidays occurring during vacation.

A holiday falling within a vacation period shall not be considered a working day. (Ord. 6222 Ch. 1 Art. 10 § 189, 1953.)

6.18.110 County work during vacation.

No person while on vacation from any public entity, as defined in Section 6.04.080 of this title, shall be permitted to work for any public entity in any capacity if he is to receive compensation for such work in addition to his regular vacation pay. (Ord. 6222 Ch. 1 Art. 10 § 190, 1953.)

6.18.120 Vacation benefit restrictions.

Vacation benefits authorized in this Chapter 6.18 shall not be used in conjunction with sick leave benefits when the purpose is to obtain payment for a portion of that sick leave that cannot be paid for under the provisions governing sick leave compensation. (Ord. 6222 Ch. 1 Art. 10 § 191, 1953.)