Salary Resolution No. 95-0926 Revised August 2023 Section 23: Sick Leave
(Amended 3/15/16, 6/12/19)
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What’s on this Page
- 23.1 Sick Leave – Benefit for Employees in Allocated Positions (Not Extra Help)
- 23.2 Sick Leave Benefit for Extra Help Employees
- 23.3 Change in Employment Status – Extra Help Allocated / Allocated to Extra Help
- 23.4 Sick Leave – Conversion at Regular Retirement (Amended 6/12/19)
- 23.5 Sick Leave – Payoff at Regular Retirement (Amended 6/12/19)
- 23.6 Sick Leave – Distribution at Death or Layoff (Amended 6/12/19)
- 23.7 Sick Leave – Distribution at Disability Retirement (Amended 6/12/19)
- 23.8 Medical Examinations
23.1 Sick Leave Benefit for Employees in Allocated Positions (Not Extra Help)
23.1.1 Sick Leave – Accrual – Rate
Each Unrepresented Administrative Management, Appointed Department Heads, Unrepresented Confidential or other Unrepresented full-time employee in a regular, allocated position, shall accrue and accumulate sick leave at the rate of 3.680 in-service hours for each completed eighty (80) paid in-service hours.
In-service hours include all hours in pay status excluding overtime. This accrual rate shall be adjusted to reflect any unpaid time in each pay period. Part-time employees, in allocated positions, shall be eligible to receive sick leave on a pro rata basis. Usage and accrual of said benefits shall be governed by the same rules and regulations applicable to full-time employees.
23.1.2 Sick Leave – Accrual – Restoration of Accrued Time
When an employee separates from County employment, and returns to County employment within one year from the separation date, any accrued sick leave remaining on account will be restored to the employee upon rehire, provided the time was not otherwise used, paid out, or converted to service credit. If the separation date is in the middle of the pay period, end of pay period date will apply.
23.1.3 Sick Leave – Use
Earned sick leave credits may, with the approval of the Department Head, be used by the employee, as outlined below:
23.1.3.1 Sick Leave Use – Non-FMLA/CFRA/PDL Leave
Accrued sick leave for incidents other than FMLA/CFRA/PDL qualifying events may be used as follows:
- Employee Illness: during the employee’s own incapacity due to illness or injury;
- Employee Treatment or Examination: during the time needed by the employee to undergo medical or dental treatment or examination;
- For Care of a Family Member: For diagnosis, care or treatment of an existing health condition of, or preventative care for the employee family member. For leave under this Section 23.1.3.1, “family member” is defined as a:
- child (defined as biological, adopted, or foster child, stepchild, legal ward, child of a domestic partner, or a child to who the employee stands in place of a parent, regardless of age or dependency status);
- parent (defined as a biological, adoptive, or foster parent, stepparent, parent-in-law, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in place of a parent when the employee was a minor child);
- employee’s spouse or registered domestic partner;
- grandparent, grandchild, or sibling of the employee or the employee’s spouse or registered domestic partner.
- designated person (defined as any individual related by blood or whose association with the employee is the equivalent of a family relationship). The designated person may be identified by the employee at the time the employee requests the leave. Employees are limited to one designated person per 12 month period.
Sick leave use for family members listed 23.1.3.1c shall not exceed forty-eight (48) hours per occurrence unless extended by joint action of the employee's Department Head and the Director of Human Resources by reason of exceptional hardships. "Occurrence” means per illness or related incidents. The 48 hours do not have be consecutive.
California “Kin Care” (Labor Code 233) provides that an employee may use an amount of paid sick leave each calendar year that is equal to the amount of time that would normally accrue in six month period, and may be used in the same manner as other sick leave described in this Section 23.1.3.1, except it does not apply to the grandparent, grandchild, or sibling of the employee's spouse or domestic partner. Kin Care provisions run concurrent with other protected leaves and do not extend the maximum period of leave to which the employee is entitled to under FMLA or CFRA. - Domestic Violence, Sexual Assault, or Stalking: When an employee is a victim of domestic violence, sexual assault or stalking, to work to obtain or attempt to obtain any relief, including but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of themselves or their child(ren); to seek medical attention for injuries caused by domestic violence, sexual assault or stalking; obtain services from a domestic violence shelter, program or rape crisis center as a result of domestic violence, sexual assault or stalking; obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; participate in safety planning or take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
23.1.3.2 Sick Leave Use – FMLA/CFRA/PDL Qualifying Leave
In accordance with The Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the Pregnancy Disability Act (PDA) earned sick leave credits may, with the approval of the Department Head, be used by an employee as follows:
- Employee Illness: During the employee's own incapacity due to illness or injury.
- Employee Treatment or Examination: During the time needed by the employee to undergo medical or dental treatment or examination.
- Disabled by Pregnancy: When an employee is disabled by pregnancy, which means that in the opinion of their health care provider they are unable because of pregnancy to work at all or are unable to perform any one or more of the essential functions of their job, or to perform these functions without undue risk to themselves, the successful completion of their pregnancy, or to other persons.
- Care of Family Member: For diagnosis, care or treatment of a health condition of, or preventative care for the employee family member. For leave under this section 21.1.3.2, “family member” is defined as a:
- child (defined as biological, adopted, or foster child, stepchild, legal ward, child of a domestic partner, or a child to whom the employee stands in place of a parent, regardless of age or dependency status);
- parent (defined as a biological, foster, or adoptive parent, stepparent, parent-in-law, a legal guardian, or other person who stood in place of a parent to the employee or the employee’s spouse or domestic partner when the employee was a child. A biological or legal relationship is not necessary for a person to have stood in place of a parent to the employee as a child.)
- employee’s spouse or domestic partner;
- grandparent, grandchild, or sibling of the employee;
- designated person (defined as any individual related by blood or whose association with the employee is the equivalent of a family relationship). The designated person may be identified by the employee at the time the employee requests the leave. Employees are limited to one designated person per 12-month period.
When a child, registered domestic partner or spouse of an employee who is a member of the employee's household or a person for whom the employee is entitled to a Federal Income Tax dependent exemption, or the employee's parent is incapacitated by illness or injury and it is necessary for the employee to care for such child, registered domestic partner, spouse, or parent.
Child is defined as biological, adopted, or foster child, stepchild, legal ward, or a child to who the employee stands in place of a parent, who is either under 18 years of age or an adult dependent child. An adult dependent child is an individual who is 18 years of age or older and who is incapable of self-care because of a mental or physical disability within the meaning of Government Code Section 12926(j) and (l).
Parent for purposes of this Section is defined as biological, foster, adoptive, step-parent, legal guardian or person who stood in place of a parent to the employee when the employee was a child. A biological or legal relationship is not necessary for a person to have stood in place of a parent to the employee as a child. Parent does not include a parent-in-law.
For FMLA/CFRA qualifying events to care for a covered family member incapacitated by illness or injury, employees are allowed to use up to 480 hours of accrued sick leave per eligible event, and not to exceed the number of hours authorized by medical certification. CFRA bonding leave does not qualify for use of sick leave.
Information on FMLA/CFRA/PDL eligibility, documentation, and benefit and pay status is provided under Section 24.3 – Family Care and Medical Leave Under FMLA/CFRA.
23.1.4 Sick Leave – Required Documentation (Amended 6/12/19)
23.1.4.1 Annual Period – Allocated Employees
The “annual period” is a calendar year. For new employees who begin mid-year, the annual period begins on the employee’s first day of work, restarts on January 1, and runs on a calendar year basis thereafter.
23.1.4.2 First Forty-Eight Hours
The first 48 hours, or number of hours equal to 6 days of the employees regular schedule (whichever is greater), of accrued sick leave used by an employee in each annual period will be applied to and subject to the provisions of California paid sick leave laws. During this period, if the need for paid sick leave is foreseeable, the employee shall provide reasonable advanced notice. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. If the County has reasonable suspicion of sick leave abuse, a signed medical certification may be required for each use of accrued sick leave to the extent permissible by law.
23.1.4.3 Subsequent Hours
For use of accrued sick leave beyond the first 48 hours or number of hours equal to six (6) days in the annual period (consecutive or non-consecutive), as described above, a signed medical certification may be required. Reasonable medical certification of incapacity shall be required for sick leave use of more than forty-eight (48) consecutive work hours duration.
23.1.4.4
Reasonable certification may be required, within a reasonable time after the absence, when an unscheduled absence occurs to obtain relief if the employee is a victim of domestic violence, sexual assault, or stalking, in accordance with Section 23.1.3.1(d) of this Agreement. Such certification shall be treated as confidential. Certification may be provided directly to Human Resources and shall not be disclosed to any person except to the affected employee, or as provided by law.
23.1.4.5 FMLA/CFRA/PDL
If use of accrued sick leave is for an FMLA, CFRA, or PDL qualifying event, medical certification is required, in accordance with the law and as outlined in the Medical Leave Policy.
23.2 Sick Leave Benefit for Extra Help Employees
For the purposes of this Section 23.2: “Extra Help” includes employees working in Temporary, Intermittent, Seasonal, or Paid Intern positions, as defined in the County’s Civil Service Rules. The provisions of this Section do not apply to Retiree Extra Help, Volunteers or Student Volunteers.
23.2.1 Annual Period - Extra Help
The annual period is a calendar year. For new Extra Help employees who begin mid-year, the annual period begins on the employee’s first day of work, restarts on January 1, and runs on a calendar year basis thereafter.
23.2.2 Eligibility – Extra Help Employees
Effective July 1, 2015, Extra Help employees are eligible for sick leave benefits as describe in this Section 23.2 after thirty (30) calendar days of employment with the County. A break in service does not restart the 30 day eligibility period unless the break is a year or more from the end of the last pay period in which the employee was in paid status.
23.2.3 Accrual - Extra Help Employees
Extra Help accrue and accumulate sick leave at a rate of 1 hour per 21.75 hours worked, including overtime (pending further clarification or interpretation of the law), up to a maximum accumulation of ninety-six (96) hours. Accrued sick leave hours, when used, do not accrue additional sick leave hours. Accrual begins from the first day of work, but accrued time may not be used until the first pay period following completion of the 30 day eligibility requirement. Leave may not be used in advance of accrual, and is considered “accrued” on the first day of the subsequent pay period. Hours spent on Jury Duty, County release time, or County approved educational leave or training will count toward accrual of sick leave hours.
23.2.4 Accrual – Restoration Of Accrued Time
When an Extra Help employee separates an assignment and returns to County employment within one year of the separation date, any accrued sick leave remaining on account will be restored to the employee’s Extra Help sick leave bank upon re-hire. If the separation date is in the middle of the pay period, end of pay period date will apply.
23.2.5 Accrual – Change in Employment Status
Refer to Section 23.3.
23.2.6 Sick Leave – Use, Extra Help
23.2.6.1 Use Limits – Extra Help
Earned sick leave credits may, with the approval of the Department Head, be used by the employee not to exceed ninety-six (96) hours in the employee’s annual period. Accrued paid sick leave must be used prior to using leave without pay for sick leave eligible events except as allowed under CFRA qualifying leaves, below. When used, sick leave hours are not considered hours worked and do not accrue additional hours of sick leave. The hours are included in merit hours.
23.2.6.2 Use – Extra Help, Non-FMLA/CFRA/PDL Leave
Accrued sick leave for incidents other than FMLA/CFRA/PDL qualifying events may be used as follows:
- Employee Illness: during the employee’s own incapacity due to illness or injury;
- Employee Treatment or Examination: during the time needed by the employee to undergo medical or dental treatment or examination;
- Family Member: For diagnosis, care or treatment of an existing health condition of, or preventative care for the employee family member. For leave under this Section 23.2.5.2, “family member” is defined as a:
- child (defined as biological, adopted, or foster child, stepchild, legal ward, or a child to who the employee stands in place of a parent, regardless of age or dependency status);
- parent (defined as a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in place of a parent when the employee was a minor child);
- employee’s spouse or registered domestic partner;
- grandparent, grandchild, or sibling of the employee or the employee’s spouse or registered domestic partner.
- Domestic Violence, Sexual Assault, Stalking: When an employee is a victim of domestic violence, sexual assault or stalking, to work to obtain or attempt to obtain any relief, including but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of themselves or their child(ren); to seek medical attention for injuries caused by domestic violence, sexual assault or stalking; obtain services from a domestic violence shelter, program or rape crisis center as a result of domestic violence, sexual assault or stalking; obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; participate in safety planning or take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
Use of paid sick leave for any reasons under this Section 23.2.5.2 may not exceed thirty-six (36) hours in an annual period unless extended by joint action of the employee's Department Head and the Director of Human Resources by reason of exceptional hardships.
California “Kin Care” (Labor Code 233) provides that an employee may use an amount of paid sick leave each calendar year that is equal to the amount of time that would normally accrue in six month period, and may be used in the same manner as other sick leave described in this Section 23.2.6.2. Kin Care provisions run concurrent with other protected leaves and do not extend the maximum period of leave to which the employee is entitled to under FMLA or CFRA.
23.2.6.3 Use – Extra Help, FMLA/CFRA/PDL Qualifying Leave
Extra Help employees may be eligible for protected leave under the family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or the Pregnancy Disability Act (PDA), for certain, qualifying events. FMLA/CFRA/PDL eligibility requirements are detailed under Section 24.3 and in the County’s Medical Leave Policy. The same qualifying reasons, definitions of family members, and eligibility requirements apply to Extra Help and employees in allocated positions, and are outlined in 23.1.3.2, above.
23.2.7 Extra Help Sick Leave – Required Documentation
23.2.7.1 Documentation for Paid Sick Leave
Accrued sick leave used by an employee in each annual period (up to 36 hours annually) will be applied to and subject to the provisions of all applicable paid sick leave laws. During this period, if the need for paid sick leave is foreseeable, the employee shall provide reasonable advanced notice. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. If the County has reasonable suspicion of sick leave abuse, a signed medical certification may be required for each use of accrued sick leave to the extent permissible by law. If use of time under this section is a FMLA or CFRA qualifying event, medical certification for those programs is required in accordance with the law and as outlined in the Medical Leave Policy (same requirements as Allocated employees).
23.2.7.2 Documentation for Unpaid Sick Leave
For any leave in excess of 36 hours in an annual period, or any unpaid sick leave, a signed medical certification may be required for each use of leave. Reasonable medical certification of incapacity (if applicable) shall be required for any leave of more than forty-eight (48) hours duration.
23.2.7.3
Reasonable certification may be required, within a reasonable time after the absence, when an unscheduled absence occurs to obtain relief if the employee is a victim of domestic violence, sexual assault, or stalking, in accordance with Section 23.2.6.2(d) of this Agreement. Such certification shall be treated as confidential. Certification may be provided directly to Human Resources and shall not be disclosed to any person except to the affected employee, or as provided by law.
23.3 Change in Employment Status – Extra Help to Allocated / Allocated to Extra Help
23.3.1 Extra Help to Allocated Position
For an Extra Help employee who begins an allocated assignment within one year of separation of an Extra Help assignment, any accrued and unused Extra Help sick leave hours on account will carry forward with the employee. If the separation date is in the middle of the pay period, pay period end date will apply. Hours carried forward may be used, subject to the following restrictions:
- Extra Help sick leave hours must be used prior to using sick leave accrued as a regular employee;
- Extra Help sick leave hours have no cash value; and
- Extra Help hours are not eligible for conversion to service credit at regular retirement (pursuant to Section 23.4).
The employee’s annual period will be changed to the date they start in the new position.
23.3.2 Allocated Position to Extra Help
For an employee assigned to an allocated position who begins an eligible Extra Help assignment within one year of separation from an allocated position, any accrued sick leave remaining on account will be restored to the employee as Extra Help sick leave, up to the cap of 72 hours, and may be used subject to the limits and provisions for use of Extra Help sick leave outlined in Section 23.2 (Sick Leave Benefit for Extra Help Employees). If an employee returns to an allocated position within one year of separation from an allocated position, the provision of 23.1.2 will apply, except that any sick leave hours used or accrued during the Extra Help period will be factored against the employees former leave balance. If the separation date is in the middle of the pay period, pay period end date will apply.
The employee’s annual period will be changed to the date they start in the new position.
23.4 Sick Leave – Conversion At Regular Retirement (Amended 6/12/19)
Any Employee covered by this Salary Resolution separating from County service on regular, non-disability retirement shall convert one-hundred percent (100%) of unused sick leave remaining to such employee's credit at the time of retirement to retirement service credit as provided by Government Code Section 31641.03. Extra Help employees are not eligible to participate in the County’s retirement system, thus Extra Help sick leave hours are not eligible for conversion to retirement service credit.
Any County employee who accrued sick leave pursuant to the Salary Resolution and/or applicable memorandum of understanding, and who subsequently is appointed or elected into public office and remains in the continued service of the County, will retain the sick leave balance as of the date of assuming elected office, and upon retirement directly from County service shall be eligible to convert accrued sick leave as provided within this Section.
23.5 Sick Leave – Payoff at Regular Retirement (Amended 6/12/19)
Any employee separating from County service on regular non-disability retirement, who has reached 100% of the retirement benefit allowed by law, and who is prevented by law from converting some or all of the employee’s remaining unused sick leave to service credit under Section 23.4 (Sick Leave – Conversion at Regular Retirement), the County shall pay the monetary equivalent of twenty-five percent (25%) of all unused sick leave computed on the employee’s base hourly rate at the time of retirement. Extra Help sick leave is not eligible for this provision.
Any employee who accrued sick leave pursuant to the Salary Resolution and/or applicable memorandum of understanding, and who subsequently is appointed or elected into public office and remains in the continued service of the County, shall retain the sick leave balance as of the date of assuming elected office, and upon retirement directly from County service, shall be paid as provided above.
23.6 Sick Leave – Distribution at Death or Layoff (Amended 6/12/19)
Any employee separated from County service by death or layoff, shall be paid the monetary equivalent of 25% of unused sick leave as of the time of separation, computed on the employee’s base hourly pay. Extra Help sick leave is not eligible for this provision.
23.7 Sick Leave – Distribution at Disability Retirement (Amended 6/12/19)
Any employee separated from County service by disability retirement shall be paid for all unused sick leave at the employee's base hourly rate. This Section shall not apply to an employee separated from County service by a service retirement. The County shall not pay an employee under this Section for any sick leave hours donated to the employee by other employees under a catastrophic leave benefit. Extra Help sick leave is not eligible for this provision.
23.8 Medical Examinations
An appointing authority may direct any employee to undergo a medical examination to determine the employee's mental and physical capacity to perform the duties of the employee's position. Each determination that an employee is or is not capable of performing the duties of the employee's position will be made available to the appointing authority and the employee concerned. Each such examination shall be paid by the department requesting the examination.