In conjunction with California Government Code Section
12945.2 as well as the Family Medical Leave Act, 29 CFR Part
825, the following circumstances and conditions apply to Family Medical Leave Act and California Family Rights Act (FMLA/CFRA) related leaves.
These provisions are separate and distinct from any other leave provisions.
DSA Represented Employees. The appointing authority shall require the employee to utilize leave balances during this period. Once such leave balances have been exhausted the employee will be placed on an unpaid leave of absence for the duration of the approved leave. Extend the FMLA timeline for qualifying for FMLA leave from three to 14 days.
A. Eligibility.
1. Employees are eligible who are employed for at least 12 months; and
2. Employees are eligible who have been paid for at least 1,250 hours during the 12 month period immediately preceding the beginning of the leave.
3. Rolling Period.
a. DSA Represented, PPEO Represented, PPOA Represented, DDAA Represented and Unclassified Nonmanagement Employees. The 12 month period is a rolling 12 month period measured backward from the date leave is taken and continuous with each additional leave day taken.
b. PCLEMA Represented Employees. The 12-month period is a rolling 12-month period measured forward from the first date leave is taken and continuous with each additional leave day taken.
c. Management, Safety Management, and Confidential Employees. The 12-month period is a rolling 12-month period measured backward from the first date leave is taken and continuous with each additional leave day taken.
B. Leave Description. An FMLA/CFRA leave may be taken for the following reasons:
1. The birth of a child of the employee or the placement of a child with an employee in connection with adoption or foster care of the child by the employee.
2. To care for the employee's parent, spouse or domestic partner, or the child who has a serious health condition.
3. The employee's own serious health condition that makes the employee unable to perform the functions of his or her position, including incapacity due to pregnancy, prenatal medical care or child birth.
4. To be taken arising out of the fact that an employee's spouse, son, daughter or parent is on active duty, or called to active duty status in the National Guard or Reserves in support of a contingency operation.
5. To care for a spouse, son or daughter, parent or "next of kin" service member of the United States Armed Forces who has a serious injury or illness incurred in the line of duty while on active military duty. This leave can run up to 26 weeks of unpaid leave during a single 12 month period.
6. FMLA/CFRA Terms.
"Employee's serious health condition" is defined as an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility or continuing treatment by a health care provider for a condition that prevents the employee from performing the functions of his or her position.
"Family member's serious health condition"is defined as an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that prevents the qualified family member from participating in school or other work activities.
"Child"means a child under the age of 18 years of age, or 18 years or older, who is incapable of self care because of mental or physical ability. An employee's child is one for whom the employee has actual day to day responsibility for care and includes a biological, adopted, foster or step child.
"Parent"means the biological, adoptive, step or foster parent of an employee, or an individual who stands (or stood) in "loco parentis" to an employee when the employee was a child. This term does not include parents in law or grandparent.
"Spouse"means a husband or wife as defined or recognized under California state law for purposes of marriage.
"Domestic partner"is defined by California Family Code Sections
297 and
299.2 and shall have the same meaning as "spouse" for a CFRA leave.
is an injury or illness incurred by a covered service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of the member's office, rank, grade or rating.
C. Duration of Leave and How Taken.
1. Eligible employees are entitled to a total of 12 workweeks, or to care for a covered service member 26 weeks of leave, during any 12-month period. Where the FMLA qualifies for both a military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first. For eligible employees who work part time, the number of working days that constitute the 12 weeks is calculated on a prorated, or proportional basis.
2. For baby bonding leave taken for reason of the birth, adoption or foster placement of a child, the leave shall be concluded within one year of the birth or placement of the child with the employee. An employee may request a baby bonding leave of at least one day but less than two weeks duration on any two occasions during this period.
When both parents are employed by the county and are entitled to leave under this section, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12 month period if the leave is taken for the birth or placement for adoption or foster care of the employees' child.
3. Leave to care for a child, parent or spouse with a serious health condition may be taken intermittently, when medically necessary, including, but not limited to, reduced workweek or workday.
4. When the employee's serious health condition warrants medical leave, because the employee is unable to perform the functions of his or her position, leave may be taken up to 12 workweeks in any 12 month period.
a. A serious health condition medical leave may be taken intermittently, when medically necessary, including but not limited to reduced workweek or workday.
b. Additional leave may be granted according to the provisions of Section
3.04.530(A), Extended leaves.
5. The appointing authority shall require the employee to utilize all leave balances during this period.
6. PPEO and PPOA Represented Employees. SDI payments shall be integrated with accrued county sick leave until exhausted. Once sick leave is exhausted, then other paid leave time shall be used for SDI integration, with the exception of leave covered by pregnancy disability leave.
7. DDAA Represented Employees. SDI/PFL payments shall be integrated with accrued county sick leave until exhausted, and then other paid leave time shall be used for SD/PFL integration.
D. Application and Certification.
1. Application for family care leave, or an extension of said leave, shall be made upon forms prescribed by the director of human resources. The employee shall give 30 days' written notice of any request for family leave, unless the necessitating event was unknown to the employee prior to that time. In such event reasonable advanced notice shall be provided if possible. The appointing authority shall state the reasons for the recommendation of the leave, the date the leave will begin and the probable date of return. Upon application for a leave to care for a parent, spouse or child with a serious health condition, the employee must provide a certification from the health care provider of the individual requiring care.
2. If the application is for intermittent leave, the above certification must indicate the leave is necessary for the care of the individual, or will assist in recovery of the individual and the expected duration.
3. Upon application for intermittent leave for the employee's serious health condition, the certification must indicate the medical necessity for the intermittent leave and the expected duration.
4. Upon application of a family care leave for the birth, adoption or serious health condition of a child, the employee must certify in writing that the child's other parent is not taking a family care leave from his/her employment in order to care for the child at the same time, that the child's other parent is not unemployed and available to care for the child, and that granting the leave would not allow the employee and the other parent of the child to take a family care leave which totals more than four months in a 24 month period.
E. As used in this section, the term "child" means and includes biological, adopted, foster, stepchild, legal ward or a child of a person standing in loco parentis (responsible as 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. The term parent includes a biological, foster, adoptive, stepparent, legal guardian or other person standing in loco parentis (responsible as a parent) to a child, but does not include parent-in-law or grandparent. The term "spouse" means a partner in marriage as defined in Civil Code Section
4100.
F. All employees returning from an approved family leave shall be provided the same or comparable position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave.
G. The applicant may appeal any rejection to the civil service commission for final adjudication.
(Prior code § 14.501; Ord. 5478-B (Attach. A), 2007; Ord. 5627-B § 7, 2010; Ord. 5683-B § 22, 2012; Ord. 5700-B § 20, 2013; Ord. 6161-B § 1, 2022; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025; Ord. 6334-B, 8/5/2025)