Title 6 SALARIES*
Chapter 6.20 LEAVE OF ABSENCE
6.20.010 Definitions.
6.20.015 Sick leave eligibility.
6.20.020 Accrual of full-pay sick leave.
6.20.025 Transition from full-pay sick leave provisions in effect prior to March 1, 1993.
6.20.030 Full-pay sick leave special provisions.
6.20.040 Sick leave at part pay.
6.20.050 Sick leave--Limitations.
6.20.060 Continuous absence due to illness or injury.
6.20.070 Injuries in the course of employment.
6.20.075 Charging of accrued sick leave benefits.
6.20.080 Other leaves of absence.
6.20.090 Benefits for monthly (other than permanent) employees.
6.20.100 Restoration of salary or earned paid leaves of absence.
6.20.110 Substitute positions for persons on leave.
6.20.120 Proof of absence.
6.20.010 Definitions.
The following terms, when used in this Chapter 6.20 with initial capital
letters, shall have the following meanings, unless the context clearly indicates
otherwise:
A. "Actual Work Day Hourly Rate" means the Semi-Monthly Pay
Period Rate divided by the number of scheduled workday hours each pay
period.
B. "Calendar Hours" means the number of paid hours in a month for a
monthly employee, based on eight hours per day times the number of days in the
month. These hours are used for part-pay sick leave. Effective beginning on and
after April 1, 2010, or such later date as may be determined by the Chief
Administrative Officer when the human resources management system reflecting
this provision is implemented, Workday Hours will replace Calendar Hours for
part-pay sick leave purposes.
C. "Calendar-Day Hourly Rate" means the
monthly pay rate, exclusive of flat monthly dollar amounts, pay period or hourly
adjustments to pay provided for a class by this Title 6, divided by the number
of calendar day hours in the month.
D. "Current Sick Leave" means that
sick-leave time which has been earned and accrued in the current calendar
year.
E. "Carryover Sick Leave" means that sick-leave time which was earned
and accrued during the preceding calendar year or earlier.
F. "Sick-Leave
Accrual Rate" means the fractional number of sick-leave hours that are earned
for each Qualifying Hour.
G. "A Sick-Leave Day" equals eight work hours of
sick leave for a 40-hour employee or 12 work hours for a 56-hour
employee.
H. "Sick Leave Maximum Hours" means the maximum number of
sick-leave hours that can be earned and accrued each calendar year.
I. "Sick
Leave 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 sick leave hours and minutes an
employee is entitled to each pay period apportioned according to the number of
Qualifying Hours.
J. "Sick Leave Years of Service" means the number of years
of county service that an employee has acquired for sick-leave accrual purposes.
For permanent employees, Sick Leave 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 Sick Leave 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.
K. "Workday Hours" means the number of paid
hours in a month for a monthly employee, based on eight hours per day times the
number of scheduled work days in the month. (Ord. 2012-0017 § 34, 2012;
Ord. 2010-0014, § 47, 2010; Ord. 93-0019 § 24, 1993.)
6.20.015 Sick leave eligibility.
A. Except as provided in this section and Sections 6.20.010 through
6.20.060, any employee shall be considered eligible for sick leave as provided
hereby, and may utilize such sick leave when compelled to be absent because of
disability resulting from sickness, injury, or pregnancy. Payments made pursuant
to this section and Sections 6.20.010 through 6.20.060, except subsections A1
and A2, B and F of Section 6.20.030 and subsection C of Section 6.20.040, shall
be made solely on account of disability resulting from sickness, injury or
pregnancy.
B. Employees not eligible for sick leave pursuant to the
provisions of this section and Sections 6.20.010 through 6.20.060 include those
employed on an hourly basis, employed for less than one-half time, employed as a
county officer pursuant to Section 6.28.020, or those employed in positions
listed in Section 6.28.060 of this code. (Ord. 93-0019 § 25,
1993.)
6.20.020 Accrual of full-pay sick leave.
A. Effective March 1, 1993, for persons hired on or after July 1, 1986,
and effective January 1, 1994, for persons hired before July 1, 1986, employees
who are eligible for sick leave pursuant to Section 6.20.015 begin to accrue
sick leave on a pay-period basis. At the beginning of each succeeding pay
period, such employees shall accrue sick-leave hours based on the qualifying
hours they have recorded during the preceding pay period. For each qualifying
hour recorded in the preceding pay period, a fraction of an hour of sick leave
is earned and accrued based on the appropriate Sick Leave Accrual Rate, and
subject to Sick Leave Maximum Hours limitations applied each calendar year. The
accumulation of sick leave hours towards the calendar year maximum begins each
January 1st. When an employee has accrued the maximum number of hours, the
employee will not be entitled to accrue any additional hours until the next
January 1st, when accrual starts anew. Sick leave accrued in one pay period is
available for use in the following pay period.
B. The maximum hours of sick
leave that an eligible employee represented by an employee representation unit
shall earn and accrue during a calendar year is specifically designated by the
board of supervisors based on the employee’s class, and expressed as a
number of days or hours of sick leave. Any qualifying part-time permanent
employee employed on a monthly basis shall be allowed sick leave in a manner set
forth in Chapter 6.20, but in an amount equal to the item sub fractional amount,
as defined by Section 6.28.020. The hours corresponding to an authorized number
of days shall be adjusted as necessary to reflect assignment to 56-hour
workweeks. For 56-hour assignments, employees shall be entitled to earn 12 hours
for every eight hours that a 40-hour employee shall be entitled to
earn.
C. The maximum hours of sick leave that an eligible employee who is
not represented by an employee representation unit shall earn and accrue is 64
hours per calendar year, if assigned to a 40-hour workweek, or 96 hours per
calendar year, if assigned to a 56-hour workweek.
D. For employees assigned
to a 40-hour workweek who are authorized to accrue 96 hours, or for employees
assigned to a 56-hour shift who are authorized to accrue 144 hours, the maximum
hours of sick leave that can be accrued each calendar year is also based on the
employee’s Sick Leave Years of Service, as reflected by the
employee’s continuous service date, or, for an employee without a
continuous service date, the employee’s latest hire date.
E. On the
anniversary of the date reflecting a change in the Sick Leave Years of Service
as specified in Tables 4 and 5, below, additional hours of sick leave 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 and renew at the
beginning of the next calendar year.
F. The following rules provide the
accrual rates and maximum hours for the categories of employees described in the
foregoing subsections B, C, and D:
Rule 1. The Sick Leave Accrual Rate is
.050 for employees authorized 64 or 80 hours’ sick leave per calendar year
and assigned to a 40-hour workweek. 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, the Sick Leave Pay Period Rate shall be four
hours and 21 minutes (4:21) per pay period.
Rule 2. When the workweek of an
employee authorized 64 hours of sick leave per calendar year is adjusted to
reflect assignment to a 56-hour workweek, the Sick Leave Maximum Hours shall be
96 hours and the Sick Leave Accrual Rate shall be .075. 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, the Sick Leave Pay Period Rate
shall be six hours and 32 minutes (6:32) per pay period.
Rule 3. The Sick
Leave Accrual Rate and Sick Leave Maximum Hours of employees authorized 96
hours’ sick leave per calendar year and assigned to a 40-hour workweek
shall be as follows:
|
Sick Leave Years of Service
|
Sick Leave Accrual Rate
|
Sick Leave Maximum Hours
|
|
0 -- 1
|
.050
|
80
|
|
More than 1 to 4
|
.050
|
88
|
|
More than 4
|
.050
|
96
|
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, the Sick Leave Pay Period Rate in the tabled situations above shall
be four hours and 21 minutes (4:21) per pay period.
Rule 4. The Sick Leave
Accrual Rate and Sick Leave Maximum Hours for employees authorized 96
hours’ sick leave per calendar year whose Maximum Sick Leave Hours are
adjusted to reflect assignment to a 56-hour workweek shall be:
|
Sick Leave Years of Service
|
Sick Leave Accrual Rate
|
Sick Leave Maximum Hours
|
|
0 -- 1
|
.075
|
120
|
|
More than 1 to 4
|
.075
|
132
|
|
More than 4
|
.075
|
144
|
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, the Sick Leave Pay Period Rate in the tabled situations above shall
be six hours and 32 minutes (6:32) per pay period.
Rule 5. Any unpaid leave
not constituting Qualifying Hours in the pay period will cause a proportionate
reduction in the sick leave entitlement for that pay period.
G. Effective
May 1, 2005, any employee who forfeited any sick leave at full pay during the
period beginning October 1, 2003 through May 31, 2005 due to then existing
limits on the accumulation of such time shall be credited on a one-time-only
basis with additional sick leave at full pay equal to the amount of the
forfeited time.
H. Except for the special, usage-only sick leave granted to
certain employees on January 1, 1994, pursuant to Section 6.20.025 B, sick leave
at full pay shall be deemed used in the reverse order in which it was earned;
that is, the most recently earned sick leave time shall be used first. (Ord.
2012-0017 § 35, 2012; Ord. 2010-0014, § 48, 2010; Ord. 2005-0038
§ 5, 2005: Ord. 2005-0019 § 15, 2005; Ord. 93-0019 § 26,
1993.)
6.20.025 Transition from full-pay sick leave provisions in effect prior to March 1, 1993.
A. For employees with a continuous service date of July 1, 1986, or later,
whose sick leave earnings are credited to them at the beginning of each month
based on active service in the preceding month, the last such crediting shall be
given on March 1, 1993. On that day, the accrual by pay period as set forth in
Section 6.20.020A begins for these employees, and employees will be credited
with such additional sick leave, if any, they would have received based on the
application of the relevant Sick-Leave Accrual Rate to qualifying hours as if
the accrual began on January 1, 1993.
B. For employees with a continuous
service date earlier than July 1, 1986, who receive sick leave earnings in
advance at the beginning of each year, the last such crediting shall be given on
January 1, 1993. On January 1, 1994, the accrual by pay period as set forth in
Section 6.20.020A begins for these employees. In addition, on January 1, 1994,
each of these employees shall be granted a number of hours of special full-pay
sick leave on a one-time-only basis. The number of hours to be granted shall be
equal to the Sick Leave Maximum Hours approved for the employee’s class
pursuant to subsections B or C of Section 6.20.020 as of January 1, 1994. The
special sick leave granted on January 1, 1994 pursuant to this section is
usage-only sick leave, and any of it which remains unused when the employee
terminates county service shall not be eligible for payment pursuant to Section
6.20.030B. Further, this special sick leave may not be used until all other 100
percent Current Sick Leave, and all 100 percent Carryover Sick Leave, other than
that accumulated prior to January 1, 1971, has been exhausted. (Ord. 93-0019
§ 27, 1993.)
6.20.030 Full-pay sick leave special provisions.
A. In addition to other authorized uses, with the prior approval of the
department head, an employee may use accrued sick leave at full pay
for:
1. Non-emergency medical or dental care; or
2. Effective January 1,
2000, any personal reason that does not interfere with the public-service
mission of the department or the County to a maximum of 48 working hours in any
one calendar year, or in the case of employees employed on a 56-hour workweek to
a maximum of 72 working hours in any one calendar year.
3. Effective January
1, 2004, any personal reason that does not interfere with the public-service
mission of the department or the County to a maximum of 72 working hours in any
one calendar year, or in the case of employees employed on a 56-hour workweek to
a maximum of 108 working hours in any one calendar year.
4. Effective
January 1, 2007, any personal reason that does not interfere with the
public-service mission of the department or the County to a maximum of 96
working hours in any one calendar year, or in the case of employees employed on
a 56-hour workweek to a maximum of 144 working hours in any one calendar
year.
5. In the case of a person compensated on a monthly permanent 9/10
time basis (Item Sub "D"), any personal reason that does not interfere with the
public-service mission of the department or the County to a maximum of 36 hours
in any one calendar year.
B. Upon termination from County service, an
employee who holds a permanent full-time position and who has at least five
years of continuous service shall receive payment for accumulated sick leave at
full pay to a maximum of 720 working hours, or in the case of employees assigned
to a 56-hour workweek schedule, to a maximum of 1,080 working hours. Such
payment as provided in Section 6.24.040 shall be computed at the workday hourly
rate of pay in effect on the employee’s final day of County service, and
shall be equal to the total time which results from the sum of:
1. All
unused sick leave at full pay accumulated prior to January 1, 1971; plus
either:
2. For an employee with a continuous service date of July 1, 1986,
or later: one-half of all unused sick leave at full pay accumulated on or after
January 1, 1971; or
3. For an employee with a continuous service date
earlier than July 1, 1986:
a. One-half of all Carryover Sick Leave at full
pay accumulated on or after January 1, 1971, plus
b. One-half of the Sick
Leave Maximum Hours authorized for the employee’s class at the time of
termination, less any Current Sick Leave taken.
C. When an employee who
holds a permanent, full-time position and who has at least five years of
continuous service is granted a maternity leave of absence, she may elect to
receive all or part of the benefits set forth in subsection B of this section as
if she were terminating.
D. Any employee who is reemployed pursuant to the
Civil Service Rules following a layoff from permanent status or a release from
monthly recurrent status shall be entitled to have restored to him any
previously earned and unused full-pay sick leave not previously paid for
pursuant to subsection B or C of this section. This provision shall not apply to
daily as-needed, daily recurrent, or part-time employees.
E. Notwithstanding
any other provision of this Chapter 6.20, persons on a leave of absence for
union business pursuant to the rules of the civil service commission shall not
be credited with sick leave during such leave of absence.
F. Full-time,
permanent employees who are approved by the board may be paid for unused,
full-pay sick leave pursuant to the following:
1. An employee who elects to
receive payment for unused sick leave as provided herein shall make his election
known in a manner prescribed by management within one month following the date
the employee qualifies for said payment. In all cases, a sick-leave "day" shall
be adjusted as follows if the employee works other than an eight-hour
day:
a. For employees on a 56-hour-per-week basis, a sick-leave "day" shall
mean 12 hours;
b. For purposes of this subsection, employees represented by
the Joint Council of Interns and Residents of Los Angeles County (Unit No. 323)
shall be paid for unused full-pay sick leave as if they were full-time permanent
employees.
2. For classes approved by the board of supervisors, following
each six-month eligibility period defined in the table below, an eligible
employee may, at his option, be paid for up to three sick-leave days in lieu of
carrying such days if the employee used no sick leave for any reason during the
six-month eligibility period and if by the last calendar day of such period he
had completed at least 12 months of continuous service. Such payment shall be
computed on the basis of the workday rate in effect on the last calendar day of
the period.
Six Month Eligibility Periods Defined
|
Beginning Date
|
Ending Date
|
|
July 1
|
December 31
|
|
January 1
|
June 30
|
(Ord. 2012-0017 § 36, 2012; Ord. 2006-0084 § 23, 2006; Ord.
2005-0019 § 16, 2005; Ord. 2004-0001 § 43, 2004: Ord. 2000-0074 §
16, 2000: Ord. 98-0076 § 34, 1998: Ord. 96-0003 § 5, 1996: Ord.
93-0074 § 3, 1993: Ord. 93-0019 § 28, 1993.)
6.20.040 Sick leave at part pay.
A. In addition to the sick leave at full pay provided for in Sections
6.20.010 through 6.20.030, a person who has completed six months or more of
continuous service shall be granted sick leave at part pay in accordance with
the table set forth in subsection E of this section during the remainder of the
calendar year following completion of such six months’ service and at the
beginning of each subsequent calendar year, except as otherwise provided for in
Section 6.20.060. Additional Calendar Hours of such part-pay sick leave which
accrue as a result of an employee’s length of service shall be allowed
during the remainder of the calendar year and shall renew annually at the
beginning of the calendar year, except as otherwise provided for in Section
6.20.060. Effective beginning on and after April 1, 2010, or such later date as
may be determined by the Chief Administrative Officer when the human resources
management system reflecting this provision is implemented, part-pay sick leave
will only be granted and used as Workday Hours rather than Calendar Hours.
B. Sick leave at part pay may not be used for nonemergency medical or
dental care, and it may not be accumulated.
C. Any person who is under
quarantine imposed by legal authority shall be entitled to a leave under the
same conditions and limitations as set forth in the tables below.
D. Any
person who is reemployed following layoff pursuant to the Civil Service Rules
shall be entitled to part-pay sick leave based on his aggregate continuous
service. The amount of part-pay sick leave shall be in accordance with the table
set forth below in subsection E of this section, less any amount of such
part-pay sick leave he may have used in that same calendar year. The provisions
of this subsection D shall not apply to a person who returns to work or is
otherwise reinstated following separation for any reason other than
layoff.
E. Table of Part-pay Sick Leave. Effective beginning on and after
April 1, 2010, or such later date as may be determined by the Chief
Administrative Officer when the human resources management system reflecting
this provision is implemented, part-pay sick leave will be granted and used in
Workday Hours rather than Calendar Hours. Part-pay sick leave Workday Hours are
shown in the 65% Pay and 50% Pay columns under "Daily Basis" in Table A below.
Table A
Effective March 1,
1993
Number of Calendar Hours Allowed
|
Monthly Basis
|
Daily Basis
|
|
Continuous Service
|
65% Pay
|
50% Pay
|
65% Pay
|
50% Pay
|
|
6 months to 1 year
|
0
|
56
|
0
|
40
|
|
1 year to 2 years
|
56
|
56
|
40
|
40
|
|
2 years to 5 years
|
112
|
112
|
80
|
80
|
|
5 years to 10 years
|
224
|
336
|
160
|
240
|
|
10 years
|
448
|
336
|
320
|
240
|
|
11 years
|
448
|
392
|
320
|
280
|
|
12 years
|
448
|
448
|
320
|
320
|
|
13 years
|
448
|
504
|
320
|
360
|
|
14 years
|
448
|
560
|
320
|
400
|
|
15 years
|
448
|
616
|
320
|
440
|
|
16 years
|
448
|
672
|
320
|
480
|
|
17 years
|
448
|
728
|
320
|
520
|
|
18 years
|
448
|
784
|
320
|
560
|
|
19 years
|
448
|
840
|
320
|
600
|
|
20 years
|
448
|
896
|
320
|
640
|
|
21 years
|
448
|
1008
|
320
|
720
|
|
22 years
|
448
|
1120
|
320
|
800
|
|
23 years
|
448
|
1232
|
320
|
880
|
|
24 years
|
448
|
1344
|
320
|
960
|
|
25 years
|
448
|
1456
|
320
|
1040
|
|
26 years
|
448
|
1568
|
320
|
1120
|
|
27 years
|
448
|
1680
|
320
|
1200
|
|
28 years
|
448
|
1792
|
320
|
1280
|
|
29 years
|
448
|
1904
|
320
|
1360
|
|
30 years or over
|
448
|
2016
|
320
|
1440
|
(Ord. 2010-0014, § 49, 2010; Ord. 93-0019 § 29,
1993.)
6.20.050 Sick leave--Limitations.
A. When an employee has exhausted all sick leave benefits to which he may
be entitled under Sections 6.20.010 through 6.20.040, and in the event that he
does not return to work, he shall not be entitled to additional sick leave
benefits except as may be provided in Section 6.20.060.
B. 1. Sick leave at
part pay shall not be allowed to any person until all full-pay sick leave has
been used.
2. Effective January 1, 1980, sick leave at part pay shall not be
used until after five consecutive calendar days, commencing with the first day
of absence from work, due to any single illness or injury, unless such illness
or injury results in hospitalization, in which case part-pay sick leave, subject
to subsection C below, may be used from the first day of such
hospitalization.
3. Effective beginning on and after April 1, 2010, or such
later date as may be determined by the Chief Administrative Officer when the
human resources management system reflecting this provision is implemented, sick
leave at part pay shall be allowed commencing with the first day of absence from
work due to any illness or injury, subject to subsection B.1 above and
subsections C, D and E below.
C. A person who is compelled to be absent
because of sickness or injury, or for nonemergency medical or dental care, may
elect to take time off on vacation, or compensatory time for overtime or
holidays worked rather than sick leave, except that a person on part-pay sick
leave must remain on such leave until it is exhausted, and may not elect any
other types of leave unless authorized by his department head.
D. No
compensation shall be paid under this section and Sections 6.20.010 through
6.20.040 and 6.20.060 for any period in excess of the time such person has been
in county service.
E. Sick-leave compensation for persons employed on a
daily basis shall be computed on a five-day workweek basis, unless such person
actually works more than five days per week. (Ord. 2010-0014, § 50, 2010;
Ord. 6222 Ch. 1 Art. 11 § 230(5), 1953.)
6.20.060 Continuous absence due to illness or injury.
A. Effective October 26, 1979, a person on a continuous absence because of
sickness or injury which leave begins in one calendar year and extends into the
next calendar year, and who is receiving compensation for sick leave to which he
is entitled for the prior calendar year, shall continue to receive compensation
for any remaining such sick leave in the next calendar year until such sick
leave has been exhausted. Such person shall not be allowed additional sick
leave.
B. Effective October 26, 1979, in no case shall a person be
compensated for sick leave at part pay in any one calendar year in excess of
that number of days of part pay based on his length of service, as set forth in
the Table of Part-pay Sick Leave set forth in Section 6.20.040. (Ord. 6222 Ch. 1
Art. 11 § 230(6), 1953.)
6.20.070 Injuries in the course of employment.
A. Applicability of This Section. The provisions of this section shall
apply only to those industrial-injury cases which the director of personnel or
the worker’s compensation appeals board determines to be compensable, and
only for such period of time as the worker’s compensation laws of the
state of California require payment of temporary disability, and shall cease
when a person leaves county service other than by disability
retirement.
B. Eligibility Under This Section.
1. All county employees
who have either satisfactorily passed the physical examination as required by
the Civil Service Rules, or who have successfully completed their initial
probationary period shall be eligible.
2. The eligibility of certain classes
of employees designated in Section 4850 of the Labor Code shall be in accordance
with the provisions of that section.
C. Compensation and Benefits--Leaves of
One Year or Less.
1. Injuries Occurring On or After January 1, 1981,
Affecting Persons Not Covered by Section 4850 of the Labor Code. Any employee
who is absent as a result of an industrial injury incurred on or after January
1, 1981, and deemed compensable by the director of personnel or the
worker’s compensation appeals board and who is not eligible for
compensation under Section 4850 of the Labor Code, shall receive compensation
pursuant to the following:
a. To receive the difference between 70.0 percent
of his base salary and the sum of the benefits prescribed by the worker’s
compensation laws of the state of California and earnings from other employment,
when such earnings are less than 70.0 percent of his base salary. Employees
shall be eligible to receive such compensation for a period of one year from the
date of injury, but in no case shall such compensation be paid for a period of
time in excess of the employee’s continuous service immediately prior to
such injury, except that any person employed on a daily recurrent basis as an
Ocean Lifeguard (Item No. 2923E) or on an hourly recurrent basis as a Lake
Lifeguard (Item No. 2953H) shall be entitled to receive the benefits set forth
in this subsection C for a period not to exceed one year from the date of injury
or a period equal to the employee’s cumulative active service performed on
or after July 1, 1985, whichever is less. Effective beginning on and after April
1, 2010, or such later date as may be determined by the Chief Administrative
Officer when the human resources management system reflecting this provision is
implemented, 70.0 percent of base salary as described in this section shall be
calculated at the Calendar-Day Hourly Rate.
b. Crediting Previously Used
Time. In the event an employee is absent due to an injury incurred on or after
January 1, 1981, and the absence is charged to any previously earned vacation,
sick leave, accumulated holiday time or accumulated overtime, and subsequently
the injury is determined to be compensable by the director of personnel or the
worker’s compensation appeals board, 70.0 percent of such vacation, sick
leave, holiday time, or overtime shall be restored to the employee. The
remaining 30.0 percent shall be lost. Restorable time shall be calculated to the
nearest 15-minute increment, and such restoration shall be deemed full recovery
of any overpayment resulting from the operation of this paragraph.
c. Once
the injury is determined to be compensable, no employee may use any previously
earned vacation, sick leave, accumulated holiday time, or overtime to supplement
the compensation provided in this section except as provided in subsections D1
and D2 below.6.
2. Injuries Affecting Persons Covered by Section 4850 of the
Labor Code. Persons employed in positions which are eligible for compensation
under Section 4850 of the Labor Code shall, in lieu of the compensation set
forth in subparagraph 1 above, be entitled to compensation as provided in said
Section 4850. Effective beginning on and after April 1, 2010, or such later date
as may be determined by the Chief Administrative Officer when the human
resources management system reflecting this provision is implemented,
compensation described in this section C.2 shall be calculated at the Actual
Work Day Hourly Rate.
D. Compensation and Benefits--After One Year. An
employee, who is compelled to be absent as the result of a compensable
industrial injury after one year from the date of injury or a period equivalent
to his continuous service immediately prior to said date of injury, whichever is
less, or, if Section 4850 of the Labor Code applies, after the termination of
the time covered by that section, may elect one of the following:
1. To
receive only those benefits provided under the worker’s compensation laws
of the state of California;
2. To use any full-pay or part-pay sick leave to
which he would be entitled pursuant to Sections 6.20.010 through 6.20.060 if his
injuries had not arisen out of or in the course of his employment in order to
receive the difference between his sick-leave pay and the sum of his
worker’s compensation benefits and earnings from other employment, when
such sum is less than said sick-leave pay. When sick leave has been exhausted,
the employee may elect to receive the alternative set forth in paragraphs 1 or 3
of this subsection D;
3. To use any previously earned vacation, full-pay
sick leave, accumulated holiday time, or accumulated overtime in order to
receive payment equal to the difference between his base salary and the sum of
his worker’s compensation benefits and earnings from other employment when
such sum is less than his base salary. Upon expiration of all such benefits, the
employee may elect to receive the alternatives set forth in paragraphs 1 or 2 of
this subsection D.
E. The benefits provided in the worker’s
compensation laws of the state of California as referred to in this section
shall not include payments made for hospital, surgical and medical expenses, or
payments received as a result of permanent injury awards.
F. Limitations on
Earning and Carryover of Vacation, Sick Leave, and Overtime.
1. Except for
safety fire fighting personnel employed in the Fire Department or as otherwise
approved by the Board of Supervisors, no provision of Division 1 of this title
limiting the carryover of vacation and overtime shall apply to employees during
the time they are absent under the provisions of this section or Section 4850 of
the Labor Code, nor shall they apply to overtime at the end of the first
calendar year, or to vacation at the end of the first vacation anniversary year
of such employee’s return to duty.
2. Employees who are absent under
provisions of subsection D1 of this section shall not earn any vacation or sick
leave for the duration of such absence.
G. Leave with Pay for Medical
Treatment. Leave with pay for medical treatment authorized by the director of
personnel may be permitted for short periods of time when temporary disability
payments pursuant to this section or Section 4850 of the Labor Code are not
made. (Ord. 2010-0014, § 51, 2010; Ord. 2005-0038 § 6, 2005: Ord. 6222
Ch. 1 Art. 11 § 231, 1953.)
6.20.075 Charging of accrued sick leave benefits.
Except as provided in subsection B of Section 6.09.060, the accrued
sick-leave benefit provided herein for any employee shall be reduced by one-half
hour for each one-half hour of sick leave taken by the employee. (Ord. 93-0019
§ 30, 1993.)
6.20.080 Other leaves of absence.
A. Bereavement Leave. Any person employed in a full-time permanent
position who is compelled to be absent from duty because of death of his father,
mother, stepfather, stepmother, father-in-law, mother-in-law, brother, sister,
husband, wife, child, stepchild, grandfather, grandmother, grandchild, domestic
partner or domestic partner’ s father, mother, stepfather, stepmother,
child, stepchild, or grandchild, shall be allowed the time necessary to be
absent from work at his regular pay for not more than three working days, or in
the case of employees employed on a 56-hour workweek in the probation
department, not more than 36 working hours, and all other employees employed on
a 56-hour workweek not more than 33 working hours; provided that, effective
January 1, 1999, an employee, who is required to travel a minimum of 500 miles
one-way in connection with such absence, shall be eligible to receive two
additional working days of bereavement leave. Notwithstanding any other
provisions of this Section A, any person employed on a monthly permanent 9/10
time position (Item Sub “D”) shall receive 24 hours of bereavement
leave.
B. Civil Service Examinations. Any employee shall be allowed time
necessary to be absent from work at his regular pay to participate in civil
service examinations for positions with any public entity as defined in Section
6.04.080 of this Code.
C. Military Leave. Any employee shall be allowed a
military leave of absence with pay in accordance with the applicable provisions
of law, including, but not limited to, those contained in the County Charter and
the California Military and Veterans Code.
D. Jury Duty. Any employee in a
permanent position who is ordered to serve on a jury shall be allowed the
necessary time to be absent from work at his regular pay, provided he deposits
any fees received for such jury service with the County treasurer. Further, upon
prior notice from the employee, and subject to receipt of a “certificate
of jury service,” the department head will, when appropriate, and in
accordance with regulations issued by the Chief Administrative Officer, convert
the employee’s usual shift to the department’s regular five-day (40
hours per week), Monday through Friday day shift, during the period of time he
is subject to reporting to the court for jury duty.
E. Witness
Leave.
1. Any full-time permanent employee who is required to be absent from
work by a subpoena properly issued by a court, or an agency or commission
legally empowered to subpoena witnesses, which subpoena compels his presence as
a witness, except as a party or as an expert witness, shall be allowed the time
necessary to be absent from work at his regular pay to comply with such
subpoena, provided he deposits his fees received for such service with the
County treasurer.
2. Any full-time permanent employee who is required by
ordinance, rule, or the Charter to be absent from work to represent himself at
an administrative proceeding at which his individual employment or pay status is
at issue shall be allowed the time necessary to be absent from work at his
regular pay.
F. “Time necessary to be absent from work” as used
in this section, does not include any time during which the employee is
“on-call” or his presence in a proceeding is not required.
G.1.
Notwithstanding any other provision of this Title 6, in lieu of other vacation
and holiday allowances, persons employed as a Physician, Post Graduate (First
Year) (Item 5408), Physician, Post Graduate, (Second through Seventh Year) (Item
5411), Dental Intern (Item 4757), Dental Resident (Item 4760), or Supervisor of
Residents, MD (Item 5415) who are assigned to a County hospital for any one
contractual period of at least two months, or its equivalent (four months for
those employees on half-time items), shall earn two working days of paid leave
per month, of which 10 working days may be deferred each year. Upon completion
of their term as Physician, Post Graduate (First Year) or Dental Intern, a
lump-sum payment may be made for such accrued time. Further, upon completion of
their term as Physician, Post Graduate (Second through Seventh Year), Dental
Resident, or Supervisor of Residents, MD, a lump-sum payment may be made for
such accrued time. Whenever the sum of an employee’s current and deferred
vacation exceeds 40 days, that portion in excess of 40 days 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, he shall lose that portion
in excess of 40 days.
2. Notwithstanding the above, any employees in such
classifications who are not scheduled to work on a County holiday as defined in
Section 6.12.040 shall not be charged a working day of paid leave for such day,
unless such day falls within a period for which they have taken
leave.
3. For those employees on half-time positions, the number of days
referred to above shall be prorated accordingly.
H. Iraq-Kuwait
Crisis.
1. Subject to the provisions of subsections H2 and 3 of this
section, any employee who, as a member of the California National Guard or a
United States Military reserve organization, is called into active duty as a
result of the Iraq-Kuwait crisis and is allowed military leave, shall be
entitled to receive, for a period not to exceed 360 days, his regular pay offset
by the military pay received for such duty. If such employee is entitled to
receive benefits pursuant to Sections 395.01 or 395.02 of the Military and
Veteran’s Code, the provisions of this section shall be in addition to and
shall follow the termination of those benefits.
2. Any individual who
receives compensation pursuant to subsection H1 of this section who does not
return to county service within 60 days of being released from active duty,
unless said individual is unable to return due to disability, shall have that
compensation deemed a loan payable with interest at the rate not to exceed 50
basis points higher than that earned by the County Treasury Pool as of the
quarter repayment begins.
3. The provisions of this subsection shall not
apply to any active duty served voluntarily after the close of the Iraq-Kuwait
crisis and shall be repealed effective July 1,
1992.
I. Bosnia.
1. Subject to the provisions of subsections I2 and I3
of this section, any employee who, as a member of the California National Guard
or a United States Military reserve organization, is involuntarily called into
active duty as a result of Operation Joint Guard or other NATO missions in
Bosnia and is allowed military leave, shall be entitled to receive, for a period
not to exceed 360 days, his regular pay offset by the military pay received for
such duty. If such employee is entitled to receive benefits pursuant to Section
395.01 or 395.02 of the Military and Veteran’s Code, the provisions of
this section shall be in addition to and shall follow the termination of those
benefits.
2. Any individual who receives compensation pursuant to subsection
I1 of this section who does not return to County service within 60 days of being
released from active duty, unless said individual is unable to return due to
disability, shall have that compensation deemed a loan payable with interest at
the rate not to exceed 50 basis points higher than that earned by the County
Treasury Pool as of the quarter repayment begins.
3. The provisions of this
subsection shall not apply to any active duty served voluntarily and shall be
repealed effective July 1, 1999.
J. Yugoslavia.
1. Subject to the
provisions of subsection J2 of this section, any employee who, as a member of
the California National Guard or a United States Military reserve organization,
is involuntarily called into active duty as a result of the crisis in Yugoslavia
and is allowed military leave, shall be entitled to receive, for a period not to
exceed 360 days, his/her regular pay offset by the military pay received for
such duty. If such employee is entitled to receive benefits pursuant to Section
395.01 or 395.02 of the Military and Veteran’s Code, the provisions of
this section shall be in addition to and shall follow the termination of those
benefits.
2. Any individual who receives compensation pursuant to
subdivision J1 of this section who does not return to County service within 60
days of being released from active duty, unless said individual is unable to
return due to disability, shall have that compensation deemed a loan payable
with interest at the rate not to exceed 50 basis points higher than that earned
by the County Treasury Pool as of the quarter repayment begins.
3. The
provisions of this subsection shall not apply to any active duty served
voluntarily.
K. War on Terrorism.
1. Subject to the provisions of
subsection K2 of this section, any employee who, as a member of the California
National Guard or a United States Military reserve organization, is called into
active duty as a result of the War on Terrorism and is allowed military leave,
shall be entitled to receive, for a period not to exceed 720 days, his/her
regular pay offset by the military pay received for such duty. If such employee
is entitled to receive benefits pursuant to Section 395.01 or 395.02 of the
Military and Veteran’s Code, the provision of this section shall be in
addition to and shall follow the termination of those benefits.
2. Any
individual who receives compensation pursuant to subsection K1 of this section
who does not return to county service within 60 days of being released from
active duty, unless said individual is unable to return due to disability, shall
have that compensation deemed a loan payable with interest at the rate not to
exceed 50 basis points higher than that earned by the County Treasury Pool as of
the quarter repayment begins.
3. The provisions of this subsection shall not
apply to any active duty served voluntarily after the close of the War on
Terrorism.
L. Family Medical Leave. Effective January 1, 2004. Subject to
the provisions of the Federal Family and Medical Leave Act and the California
Family Rights Act, spouse shall be deemed to include a domestic partner as
defined in Chapter 2.210 of the Los Angeles County Code. Nothing in this section
is intended to provide additional benefits beyond that which is mandated by
Federal or State law, except that a domestic partner and his or her children may
qualify an employee as eligible for Family Medical Leave/California Family
Rights Act. (Ord. 2005-0019 § 17, 2005; Ord. 6222 Ch. 1 Art. 11 § 240,
1953.)
6.20.090 Benefits for monthly (other than permanent) employees.
A. Notwithstanding any other provision of Title 6, a person employed not
less than 40 hours per week whose status is defined by Section 6.28.020 as
“monthly recurrent” (B), “monthly temporary” (O),
“monthly temporary training” (M), or “monthly temporary, CETA
participant” (K), and who, in the judgement of his department head, meets
the qualifications set forth below, shall receive the following
benefits.
B. Bereavement Leave. If compelled to be absent for the reasons
specified in subsection A of Section 6.20.080, he shall be allowed to be absent
a maximum of one working day (eight hours) with pay in any one year if he
completed at least 200 days of active service in the preceding calendar year; or
a maximum of one-half working day (four hours) with pay in any one year if he
completed less than 200 days of active service in the preceding calendar
year.
C. Jury Duty. If such employee serves on a jury under the terms and
conditions specified in subsection D of Section 6.20.080, he shall receive a
maximum of two working days with pay in any one year if he completed at least
200 days of active service in the preceding calendar year; or maximum of one
working day with pay in any one year if he completed less than 200 days of
active service in the preceding calendar year.
D. Witness Leave. If such
employee serves as a witness pursuant to subpoena and under the terms and
conditions specified in subsection E of Section 6.20.080, he shall be allowed to
be absent a maximum of one working day (eight hours) with pay in any one year if
he completed at least 200 days of active service in the preceding calendar year;
or a maximum of one-half working day (four hours) with pay in any one year if he
completed less than 200 days of active service in the preceding calendar year.
(Ord. 6222 Ch. 1 Art. 11 § 243, 1953.)
6.20.100 Restoration of salary or earned paid leaves of absence.
A. In the event an employee is ordered to absent himself from the job
based on probable cause, and it is subsequently determined by a finding of both
the department or district head and the chief administrative officer that cause
did not exist for the ordered absence, the employee shall have restored to him
any paid leaves of absence against which such absence may have been charged, and
he shall be granted a retroactive leave of absence with pay for the time during
which he was prohibited from performing the duties of his position, less any
compensation paid to him by the county during such ordered absence.
B. In
the event an employee is reduced, suspended and/or discharged, and upon appeal
the civil service commission or a court having jurisdiction does not sustain
such reduction, suspension and/or discharge, the employee shall be entitled to
his base rate of salary, vacation and sick leave as if such unsustained
reduction, suspension or discharge had not been invoked. However, in no event
shall an employee be entitled to any salary or credit for vacation and sick
leave for any period of time covered by a suspension which is sustained or for
any period of time waived by an employee as a condition to the granting of a
continuance of his civil service or judicial hearing.
C. If, during an
absence for which an employee is paid pursuant to this section, he received any
compensation which he would not have received had he continued to perform the
duties of his position, such sum shall be deducted from the salary otherwise
payable to him pursuant to this section. (Ord. 6222 Ch. 1 Art. 11 § 245,
1953.)
6.20.110 Substitute positions for persons on leave.
A. The duties of a person on leave of absence, with or without pay, shall
be performed with no change in compensation by any competent departmental
employee designated by the department head.
B. After 30 days, the department
head may transfer or appoint any eligible person to a substitute position at an
equal or lower level in the same classification or series. Such person shall
receive the compensation for the substitute position until the incumbent
returns.
C. The department head shall report all transfers or appointments
to substitute positions as required by the chief administrative
officer.
D. The department head may waive the 30-day waiting period if he
finds that it is impractical or would cause harm or inconvenience to the public,
provided that no budgetary overexpenditure will result.
E. A substitute
position may not be used to perform the duties of a person on accrued overtime
leave of absence. It is the intent of this provision that the duties of such a
person shall be performed without additional cost to the county. (Ord. 6222 Ch.
1 Art. 11 § 251, 1953.)
6.20.120 Proof of absence.
Any employee absent due to sickness, injury, pregnancy, quarantine,
nonemergency medical or dental care, or on any of the leaves provided for in
Section 6.20.080 of this code, may be required, before such absence is
authorized or payment is made, to furnish a doctor’s certificate or other
proof satisfactory to his department head that his absence was due to such
causes. (Ord. 6222 Ch. 1 Art. 11 § 250, 1953.)
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