Sacramento County, CA Time Off

§ 2.78.710 Holidays.

All regular employees shall be entitled to such holidays with pay as are prescribed herein. All holidays proclaimed by the governor, other than Thanksgiving Day, shall not be deemed County holidays unless affirmatively made so by resolution of the Board of Supervisors.

The holidays are January 1, the third Monday in January, February 12, the third Monday in February, March 31, the last Monday in May, June 19, July 4, the first Monday in September, the second Monday in October, November 11, Thanksgiving Day, the day following Thanksgiving Day, and December 25.

When January 1, February 12, March 31, June 19, July 4, November 11, or December 25 falls on Sunday, regular employees who work in a unit for which the normal work schedule does not include Saturday and Sunday shall be entitled to the Monday following as a holiday with pay.

When January 1, February 12, March 31, June 19, July 4, November 11, or December 25 falls on Saturday, regular employees who work in a unit for which the normal work schedule does not include Saturday and Sunday shall be entitled to the preceding Friday as a holiday with pay.

Unless the appointing authority requires the employee to work because of the needs of the service, the employee shall take off from work on the specified Friday. If the appointing authority requires the employee to work on the specified Friday, the employee may take another day off in lieu thereof.

Regular employees who work in a unit for which the normal work schedules include Saturday, Sundays, and holidays shall be granted one day off every four weeks, in lieu of prescribed holidays. Such days off shall be designated in the employees' regular work schedule. If not scheduled and taken every four weeks, such time shall accrue at the rate of 4.6 hours for each biweekly pay period. However, firefighting employees assigned to a 24-hour schedule, shall accrue at the rate of 6.4 hours per pay period.

(SCC 226 § 2, 1975; SCC 352 § 1, 1978; SCC 520 § 1, 1982; SCC 639 § 1, 1985; SCC 665 § 1, 1986; SCC 1157 § 1, 1999; SCC 1583 § 1, 2015; SCC 1713 § 1, 2022)

§ 2.78.711 Represented Employees.

Notwithstanding the provisions of Sacramento County Code Sections 2.78.710 and 2.78.730, as amended on October 11, 1978, by Ordinance SCC 352, any employee represented by a recognized employee organization which had not entered into a negotiated agreement with the County covering the 1978-79 fiscal year on or before October 11, 1978, shall be entitled to holidays and shall accrue vacation in accordance with the provisions of Sacramento County Code Sections 2.78.710 and 2.78.730, as provided in those sections immediately preceding the amendments to those sections by Ordinance SCC 352, adopted October 11, 1978.

In accordance with the provisions of Section 2.78.020, the provisions of this section do not apply to employees represented by a recognized employee organization which subsequent to October 11, 1978, has entered into an agreement with the County covering the 1978-79 fiscal year.

(SCC 355 § 1, 1978)

§ 2.78.715 Religious Holidays.

When an employee gives adequate advance notice, the County will make reasonable accommodations, by rescheduling working hours or releasing from work without pay, to allow the employee to observe the Sabbath or other special religious holidays, except under circumstances when such accommodations would unduly interfere with County operations. Such release time may be charged to vacation or compensating time off if requested by the employee.

(SCC 226 § 2, 1975)

§ 2.78.720 Christmas and New Year's.

Each employee shall be allowed four hours off work with pay on the last working day before Christmas or the last working day before New Year's. If the employee is unable, because of the needs of the service, to take such time off he or she shall be credited with four hours compensatory time off. The foregoing shall not be applicable to Christmas and New Year's in 1976. Rather, each employee shall be allowed four hours off work with pay on December 24, 1976, and four hours off with pay on December 31, 1976. If the employee is unable, because of the needs of the service, to take the four hours off work on December 24, 1976, or the four hours off work on December 31, 1976, he or shall be credited with hours of compensatory time off equal in number to those which he or she is required to work.

(SCC 226 § 2, 1975; SCC 275 § 1, 1976)

§ 2.78.725 Scheduling of Time Off.

The appointing authority shall schedule time off to which an employee is entitled as compensating time off pursuant to subsection B of Section 2.78.520 or as an in-lieu holiday pursuant to subsection B of Section 2.78.710 in accordance with the needs of the department. In the discretion of the appointing authority, in-lieu holiday time off may be scheduled to be used either on a regular monthly basis or may be accumulated and used in a manner substantially the same as the accumulation and use of vacation credit pursuant to Section 2.78.735.

(SCC 226 § 2, 1975)

§ 2.78.730 Vacation Leave with Pay.

Vacation with pay shall be earned by regular and extra-help employees based on the equivalent of full-time service from the date of appointment. Vacation credit shall accrue to the employee upon completion of regular work assignment on the last day of the biweekly pay period in which it is earned.

Employees who have less than three years of service shall accrue vacation on the basis of four hours for each biweekly pay period of service.

Employees who have more than three but less than 15 years of service shall accrue vacation on the basis of five and five-tenths hours for each biweekly pay period of service.

Employees who have more than fifteen years of service shall accrue vacation on the basis of seven and one-tenth hours for each biweekly pay period of service.

Employees who accrue vacation as provided in subsection (b) of this section may accumulate vacation to a maximum of 240 hours on any accrual date. Employees who accrue vacation as provided in subsection (c) of this section may accumulate vacation to a maximum of 320 hours on any accrual date. Employees who accrue vacation as provided in subsection (d) of Section 2.78.525 may accumulate vacation to a maximum of 320 hours on any accrual date. Employees in classes that are designated "administrative" or "data processing professionals", and employees with more than 15 years of service who are designated "confidential clerical", in the annual salary resolution shall accrue vacation to a maximum of 400 hours. Except as provided in subsection (i) of this section the County shall not compensate the employee for the monetary value of any vacation earned by the employee during any biweekly pay period which is in excess of the maximum accrual balance specified in this section.

An employee who, as a result of either election or appointment, becomes an elective County officer or a Municipal or Superior Court Judge and who subsequently returns to County employment within the 30 day time limits specified in this subsection shall resume accrual of vacation credits as though the employee had continued to be a County employee without break in County service. This subsection shall not be applicable unless the employee takes office as such officer or judge on or before the thirtieth (30th) day following termination of County employment and returns to County employment on or before the thirtieth (30th) day following termination of service as such officer or judge. Such employee shall not receive vacation credits for all or any part of the period between termination of County employment and return to County employment.

All unrepresented employees hired on or after June 28, 1992, shall accrue vacation and accumulate vacation in accordance with the following schedule:

Years of Service	Bi-Weekly Accrual Rate	Approx. Annual No. of Eight-Hour Days	Accrued Maximum
Less than 3 yrs.	3.1 hrs.	10	240
More than 3 yrs., less than 6 yrs.	4.6 hrs.	15	320
More than 6 yrs., less than 9 yrs.	5.5 hrs.	18	400
More than 9 yrs., less than 10 yrs.	5.8 hrs.	19	400
More than 10 yrs., less than 11 yrs.	6.2 hrs.	20	400
More than 11 yrs., less than 12 yrs.	6.5 hrs.	21	400
More than 12 yrs., less than 13 yrs.	6.8 hrs.	22	400
More than 13 yrs., less than 14 yrs.	7.1 hrs.	23	400
More than 14 yrs., less than 15 yrs.	7.4 hrs.	24	400
More than 15 yrs.	7.7 hrs.	25	400

Unrepresented employees hired prior to June 28, 1992, who have been on the vacation schedule set forth in subsections (b), (c), and (d) of this section, shall remain on that schedule, except that: (1) employees with nine or more years of service on June 28, 1992, shall be moved to the appropriate level on the vacation schedule set forth in subsection (g); and (2) employees who reach nine years of service after June 28, 1992, shall be moved at that time to the appropriate level on the vacation schedule set forth in subsection (g).

Upon a declaration by any Department Director to the County Executive that it is more cost effective than alternative methods of staffing, employees assigned to work in a County institution which operate 24 hours per day, seven days per week, shall be compensated for the monetary value of any vacation earned during any bi-weekly pay period which is in excess of the maximum accrual balance specified in this section.

(SCC 226 § 2, 1975; SCC 321 § 1, 1978; SCC 352 § 2, 1978; SCC 582 § 1, 1984; SCC 664 § 1, 1986; SCC 0746 § 1, 1988; SCC 0813 § 1, 1990; SCC 0847 § 1, 1991; SCC 0983 § 1, 1995; SCC 1424 § 1, 2009)

§ 2.78.735 Vacation Use.

The appointing authority shall determine the period when accrued vacation time may be taken by each employee, consistent with the requirements of the department. An employee who separates or is terminated from County service or who takes military leave in excess of 180 days shall be paid the monetary value of his full terminal vacation. Such payment to an employee who separates or is terminated shall be made on the last workday of actual duty or as soon thereafter as is practical.

Any person appointed in accordance with the rules governing reinstatement following resignation in good standing shall be considered a new employee; provided, however, that a reinstated employee shall be eligible to use accrued vacation within the first six months of service, subject to the needs of the department.

Elective officials are personally exempt from the provisions of Section 2.78.730 and this section.

(SCC 226 § 2, 1975; SCC 458 § 1, 1981; SCC 682 § 1, 1987)

§ 2.78.740 Sick Leave While on Vacation.

An employee who, while on vacation, is incapacitated for one or more days due to personal illness or injury may charge such days to accrued sick leave. In such event, the employee promptly shall notify the appointing authority and upon return to duty shall substantiate the need for, and use of, sick leave.

(SCC 226 § 2, 1975)

§ 2.78.745 Sick Leave Credits.

Sick leave credits shall be earned by regular employees based on the equivalent of full-time service from the date of appointment. Sick leave credit shall accrue to the employee upon completion of the regular work assignment on the last day of the biweekly pay period in which it is earned. Sick leave credit shall accrue on the basis of four and six-tenths hours per biweekly pay period of service, and may be accumulated without limitation. Additional sick leave credit, not to exceed 30 working days, may be granted an employee by the County Executive when, in the judgment of the County Executive, the need for such additional sick leave credit is the result of an illness or injury that has occurred in the course and scope of the employee's County employment.

(SCC 443 § 1, 1980)

§ 2.78.750 Use of Sick Leave.

Sick leave credits shall accrue at the rate stated in Section 2.78.745 and may be used for sick leave with pay as provided in this section.

A regular employee may use sick leave for personal purposes or family purposes as provided in this section.

For personal purposes, a regular employee may use sick leave for:

Absence from duty when quarantined because of exposure to a contagious disease or when incapacitated from performing duties because of personal illness, injury, dental work, or pregnancy;

Absence from duty for examination or treatment by a medical doctor or dentist, under circumstances not involving quarantine or incapacity; provided, however, that such absences shall be scheduled at the discretion of the appointing authority; and

Absence from duty to donate blood. Such an absence shall be scheduled at the discretion of the appointing authority, shall cover the time needed to donate blood but shall not exceed four hours in any instance, and shall be approved only upon submission to the appointing authority of an official blood bank receipt reflecting the donation.

For family purposes, a regular employee may use leave credits for:

Attendance upon an eligible family member who is incapacitated because of illness or injury and definitely requires personal care. The length of such absence shall be limited by the appointing authority to the time reasonably required to either provide care or to make other arrangements for such care. For the purposes of this subsection, an eligible family member is the employee's spouse, child, step child, parent, step parent or grandparent, domestic partner (as defined in Section 297 of the California Family Code), or domestic partner's child. Additionally, under this subsection, an eligible family member is any other close relative who resides with the employee.

To transport an eligible family member to and from a local hospital for medical treatment or operation, including childbirth.

To attend, at any location, during serious medical treatment or operation, including childbirth, performed upon an eligible family member.

The appointing authority may require reasonable substantiation of the need for, and use of, sick leave.

(SCC 226 § 2, 1975; SCC 443 § 2, 1980; SCC 622 § 1, 1985; SCC 0769 § 1, 1989; SCC 0863 § 1, 1992; SCC 1177 § 1, 2000; SCC 1211 § 1, 2002)

§ 2.78.755 Sick Leave Records.

It shall be the mandatory duty of each appointing authority to enforce the provisions of this section and to record each absence involving use of sick leave credits, including a clear statement of cause and such supporting evidence as is used in determining the necessity for such absence.

The appointing authority shall require the employee to provide adequate evidence to distinguish between use of sick leave credits for personal purposes and use of sick leave credits for family purposes.

Following any absence for serious illness, injury, or exposure to contagious disease, whether or not sick leave credit was used, the appointing authority may require a statement by a medical doctor that the employee is fit to return to duty.

It is affirmed and declared to be the policy of the County of Sacramento that payments to County employees based on sick leave credit used for personal purposes by employees of the County be excluded from "wages" for the purpose of the Social Security Act in the same manner that such payments are excluded with respect to the employees of employers subject to the Federal Insurance Contribution Act.

Elective officials are personally exempt from the provisions of Sections 2.78.745, 2.78.750, and this section.

(SCC 226 § 2, 1975; SCC 443 § 3, 1980)

§ 2.78.757 Vacation and Sick Leave Employment Transfers.

Notwithstanding any other provision of this chapter, any person who has been employed by the County and terminates employment; within 30 calendar days following termination commences employment by a Related Governmental Unit; terminates employment by that Unit and within 30 calendar days following termination is reemployed by the County in a position designated "Management" under the provisions of Chapter 2.79 of this title shall: (A) accrue vacation leave earned in the resumed County service based on continuous service from the date of original County employment, notwithstanding the break in County service, and including credit for service performed for the Related Governmental Unit; and (B) be credited as a result of the resumed County service with all sick leave credit to which the employee was entitled as an employee of the Related Governmental Unit accrued and unused on the date of termination of employment by the Related Governmental Unit.

As used in this section the terms "Related Governmental Unit" mean: (A) the Sacramento City Redevelopment Agency, the Sacramento City Housing Authority, the Sacramento County Redevelopment Agency, the Sacramento County Housing Authority and/or any employment unit of personnel serving any one or more of the foregoing agencies; and (B) any special district or other governmental agency formed under the laws of the State of California to conduct governmental operations within the County which is governed solely by the Board of Supervisors of the County acting in an ex-officio capacity.

The provisions of this section shall apply to any person who terminates employment by a Related Governmental Unit on or after March 1, 1991, and shall not be applicable to any person who terminated employment by a Related Governmental Unit preceding March 1, 1991.

(SCC 0826 § 1, 1991)

§ 2.78.758 Wellness/Sick Leave Incentive Program.

The Sick Leave/Wellness Incentive program set forth herein shall only be applicable to unrepresented, non-management employees and shall be effective upon commencement of Pay Period No. 14, beginning June 14, 1992.

Eligible full-time regular employees who use 12 hours or less of sick leave during Pay Periods No. 1 through No. 13 of any year shall receive a certificate enabling them to take eight hours off with pay during the following six month period. Eligible full-time regular employees who use 12 hours or less of sick leave during Pay Periods No. 14 through No. 26 of any year shall receive a certificate enabling them to take eight hours off with pay during the following six month period. The certificate shall have no monetary value.

The regular employee must be continuously on the County payroll and eligible to earn and use sick leave during the entire 26 week period indicated above. Any employee on an unpaid leave of absence during a portion of the designated 26 week period is excluded for that 26 week time period. Any employee during the designated 26 week period who receives pay pursuant to Labor Code Section 4850 or who receives SDI integration pursuant to Section 2.78.792, or who selects the disability leave option pursuant to Section 2.78.790(b), is excluded from participation for that 26 week time period. Any employee who was temporary during the designated 26 week period is excluded for that 26 week period.

Part-time regular employees who work 40 or more hours per pay period shall be eligible to participate in the sick leave incentive program. The same eligibility rules as outlined in subsections (B), (C), and (D) above shall apply. However, sick leave use and time off given shall be pro-rated. For example, an eligible half-time employee would receive a certificate for four hours off with pay if six or less hours of sick leave were used; an eligible 4/5 employee would receive a certificate for 6.4 hours off with pay if nine or less hours of sick leave were used.

(SCC 0848 § 1, 1991; SCC 0888 § 1, 1992)

§ 2.78.759 Payment of Vacation, Holiday in Lieu, and Compensatory Time Off for County Employees Who Accept Employment with the Sacramento Metropolitan Air Quality Management District.

This section is intended to facilitate the expressed intent of the Board of Directors of the Sacramento Metropolitan Air Quality District (District) to offer employment to all County employees providing services to the District, including but not limited to any County employee serving in a non-exempt capacity who resigns from County employment effective July 7, 1996 in order to provide services to the District in an at will or contract capacity and to credit such employees with the same amount of vacation, holiday-in-lieu and compensatory time off as was accrued by them as County employees.

Notwithstanding any other provision of this chapter, the County shall not compensate any County employee providing services to the District who terminates his employment with the County effective July 7, 1996 in order to accept employment with the District, including but not limited to any County employee serving in a non-exempt capacity who resigns from County employment effective July 7, 1996 in order to accept employment with the District commencing no later than July 8, 1996, in an at will or contract capacity, for the monetary value of (1) such employee's full terminal vacation; (2) any compensatory time off to which such employee is entitled pursuant to subsection (B) of Section 2.78.520; or (3) any in-lieu holiday to which such employee is entitled pursuant to subsection (B) of Section 2.78.710.

(SCC 1025 § 2, 1996; SCC 1037 § 1, 1996)

§ 2.78.760 Payment of Vacation, Holiday in Lieu, and Compensatory Time Off for County Employees Who Accept Employment with the Sacramento Public Library Authority.

This section is intended to implement the agreement whereby County regular employees covered by the Library Unit and unrepresented County Library employees shall become employees of the Sacramento Public Library Authority and to credit such employees with the same amount of vacation, holiday-in-lieu and compensatory time off as was accrued by them as County employees. This section is applicable only to those County regular employees currently covered by the Library Unit and unrepresented County Library employees who terminate their County employment effective June 21, 1996 in order to accept employment with the Sacramento Public Library Authority.

Notwithstanding any other provision of this chapter, the County shall not compensate any County regular employee covered by the Library Unit or an unrepresented County Library employee who terminates his employment with the County effective June 21, 1996 in order to accept employment with the Sacramento Public Library Authority for the monetary value of (1) such employee's full terminal vacation; (2) any compensatory time off to which such employee is entitled pursuant to subsection (B) of Section 2.78.520; or (3) any in-lieu holiday to which such employee is entitled pursuant to subsection (B) of Section 2.78.710.

(SCC 1027 § 1, 1996)

§ 2.78.761 Provision of Sick Leave Credits to Certain Employees Who Resign From an Elective Office to Assume County Employment in an Exempt Position.

Notwithstanding any other provision of this chapter, the County shall provide 600 hours of sick leave credits to any County employee who resigns from an elective office effective no later than December 29, 1996 in order to accept an exempt position with the County and who subsequently resigns from that exempt position effective no later than December 30, 1996.

(SCC 1055 § 1, 1996)

§ 2.78.762 Transition of City of West Sacramento Employees to County Status.

This section is intended to facilitate the expressed intent of the West Sacramento City Council, the Board of Directors of the Sacramento Regional County Sanitation District and the Board of Supervisors of the County of Sacramento to provide employment with the County of Sacramento to certain City of West Sacramento employees in accordance with the agreement dated March 31, 2004. This section is intended to provide those City of West Sacramento employees assigned to the City's wastewater treatment plant, including the Industrial Pretreatment Program, who transfer to County of Sacramento employment with a total compensation package equal to the total compensation package provided by the City of West Sacramento at the time of transition.

Employees with the City of West Sacramento who transfer to County employment pursuant to the agreement dated March 31, 2004, shall be entitled to receive the following compensation and benefits from the County of Sacramento:

Those employees with up to 10 years of service with the City of West Sacramento at the time of transition shall be entitled to payments equal to 6.2 percent (the amount of the Social Security supplement) of gross salary for four years following the date of transition. Employees with 10 or more years of service with the City of West Sacramento at the time of transition shall be entitled to receive 6.2 percent of gross salary (the amount of the Social Security supplement) for five years. Such payments shall commence on the date of transition of such employees to County employment and shall be payable on a bi-weekly basis. An employee receiving or eligible to receive the Social Security supplement as specified in this subsection shall be entitled to a continuance thereof if such employee is promoted to a new position within the County of Sacramento after the effective date of the transition; such supplement shall remain in effect for the time period specified in this subsection.

Those employees whose retirement is adversely affected by the transition to County employment shall be entitled to receive a lump sum amount following one year of service with the County. The employee may elect, in writing, to either receive the lump sum amount less, any applicable State and Federal taxes or retirement deductions, as a cash amount, which shall include an amount for interest calculated from the date of transition at the rate under the methodology identified in the agreement dated March 31, 2004, or such alternative methodology as mutually agreed upon by the employees, the County and the Sacramento Regional County Sanitation District or to deposit the lump sum amount, including an amount for interest calculated from the date of transition at the rate under the methodology identified in the agreement dated March 31, 2004 or such alternative methodology as mutually agreed upon by the employees, the County and the Sacramento Regional County Sanitation District, in the employee's deferred compensation plan in accordance with Chapter 2.83 of this County Code, less any applicable State and Federal taxes or retirement deductions. Should mutual agreement on an alternative methodology not be reached by January 31, 2009, the methodology identified in the March 31, 2004 agreement shall be determinative. The determination that an employee's retirement is adversely affected by the transition shall be based upon the methodology identified in the agreement dated March 31, 2004. One year of service with the County of Sacramento is a prerequisite to receipt of any payment under this subsection. There shall be no partial payments made for less than one year of service. The implementation of this subdivision shall occur no later than March 31, 2009.

If placement of a City of West Sacramento employee at the top step of the salary range results in a loss of compensation, such employee shall be entitled to a compensation differential, payable on a bi-weekly basis, until such time as County compensation equals the amount of such employee's salary at time of transition. An employee who receives such pay shall not receive any increase in salary (including any cost of living or equity adjustment) until such time as the employee's compensation, including the amount of any pay differential under this subsection is within the established range for the employee's class, at which time such employee shall receive the highest step of the range for the class. An employee receiving or eligible to receive such compensation differential shall not be entitled to a continuance thereof if such employee is promoted to a new position within the County of Sacramento after the effective date of the transition.

Those employees who transition to County employment shall be entitled to credit for any accrued sick leave balances that they may have with the City of West Sacramento on the date of transition. Upon transition to County employment, sick leave accruals shall be determined in accordance with the 2006-2011 Agreement between the County of Sacramento and Stationary Engineers, Local 39 International Union of Operating Engineers, AFL-CIO Water Quality/Stationary Engineers Unit.

The vacation accruals and balances of those employees who transition to County employment shall be determined in accordance with the 2006-2011 Agreement between the County of Sacramento and Stationary Engineers, Local 39 International Union of Operating Engineers, AFL-CIO Water Quality/Stationary Engineers Unit.

Cash back for medical insurance or health plan coverage for those City employees hired prior to November 22, 1998, by the City of West Sacramento and who transition to County employees shall be determined in accordance with the 2006-2011 Agreement between the County of Sacramento and Stationary Engineers, Local 39 International Union of Operating Engineers, AFL-CIO Water Quality/Stationary Engineers Unit.

Seniority and layoff rights will be determined in accordance with the 2006-2011 Agreement between the County of Sacramento and Stationary Engineers, Local 39 International Union of Operating Engineers, AFL-CIO Water Quality/Stationary Engineers Unit.

This section shall not be applicable to any City of West Sacramento employee who is hired by the County prior to the effective date of transition.

For purposes of this section, the transition date shall be on such date as may be determined by the County Executive.

(SCC 1367 § 1, 2007; SCC 1405 § 1, 2008)

§ 2.78.765 Leaves of Absence.

A regular employee is eligible for all unpaid leaves of absence outlined below, when the conditions of each particular leave have been met. A temporary employee, who meets the conditions of eligibility, is entitled to medical leave for their own or a qualifying family member's serious health condition and family leave to care for a new child, if the employee has a new child through birth, adoption or foster care. All female employees are entitled to Pregnancy Leave for their period of medical disability. For purposes of this section, a qualifying family member shall include a spouse, a child or parent as those terms are defined by the United States Family Medical Leave Act and the California Family Rights Act, as amended from time to time. For purposes of leave under the California Family Rights Act, but not the Family Medical Leave Act, a registered domestic partner and the child of a registered domestic partner are qualifying family members.

A qualified regular or temporary employee is entitled to use the medical leave for his or her serious health condition or the serious health condition of a qualifying family member and/or for family leave to care for a new child, as outlined in subsections (d) through (f) of this section. The calculation of the leave entitlement is on an individual basis and begins on the first day that the employee takes time off, paid or unpaid, for the qualifying medical event or new child. If an employee has not provided notice that a leave is for one of the qualifying events under subsections (d) through (f) of this section, the supervising authority shall so designate the leave and shall give notice to the employee of such designation. Leave may not generally be designated as part of the 12 week entitlement once the qualifying event and leave are completed; provided, however, that the County may retroactively designate such leave as part of the 12 week entitlement if the employee was absent for a qualifying event and the County did not learn of the reason for the absence until the employee's return, or if the County knows the reason for the leave, but has been unable to confirm that the leave is for a qualifying event. The leave entitlement shall be pro-rated for part-time employees.

A regular employee shall be entitled to be absent from duty for a specified period of time and for a specified purpose, with the right of return to a position in the same class and in the same department. A temporary employee shall be entitled to return to the same or an equivalent position, as provided in the approved leave. The right to return is subject to other provisions of the ordinance and employee agreements regarding the lack of work and lack of funds. In the event of any inconsistency between the provisions of this ordinance and the provisions of the Family Medical Leave Act, the California Family Rights Act or the California Pregnancy Disability Act, the provisions of those federal and state law shall take precedence.

Illness or injury of an employee. Any employee may request a leave of absence for his/her own serious health condition or the serious health condition of a qualifying family member. A serious health condition for purposes of this section means an illness, injury, impairment, or physical or mental condition that meets the requirements of 29 CFR Section 825.114 and includes, but is not limited to inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care; or continuing treatment by a health care provider.

Medical leave for a serious health condition may be taken by regular or temporary employees who have been employed by the County for at least 12 months as of the date the leave commences and who have actually worked at least 1,250 hours for the County during the 12 months immediately preceding the start date of the leave, if they have a serious health condition. Up to 12 weeks of such leave may be taken in a 12 month period and the 12 weeks shall include the required use of all available sick leave, vacation, and holiday-in-lieu balances, prior to authorization of the unpaid leave. All paid and unpaid time taken for a serious health condition shall be counted towards the 12 week entitlement.

During any unpaid portions of the 12 week entitlement, the regular employee may continue existing County enrollment in the health benefits program including the Medical, Dental and Employee Assistance Plan. The County will continue to provide the County's share of the appropriate premium to continue existing coverage levels so long as the employee continues to pay the employee's share of the premium. The County will not continue a cash back subsidy.

Employees who wish to continue their retirement system service credit accrual during the unpaid portions of their leave for a serious health condition may purchase retirement system credit by making arrangements with the Retirement Office at the time that the leave is approved.

Additional unpaid leave of absence may be authorized for a maximum of one year which includes any leave entitlements under the Family Medical Leave Act, the California Family Rights Act or the California Pregnancy Disability Act, unless criteria in subsections (k) or subsection (l) apply. A regular employee may elect to continue health benefits including Medical, Dental and Employee Assistance Program coverage for the remainder of this leave at their own expense through COBRA enrollment.

Medical Leave for a serious health condition of a Family Member. Any employee may request a leave of absence for the serious health condition of a qualifying family member.

Medical leave for a serious health condition of a qualifying family member may be taken by regular or temporary employees who have been employed by the County for at least 12 months as of the date the leave commences and who have actually worked at least 1,250 hours for the County during the 12 months immediately preceding the start date of the leave, if they need such leave to care for a qualifying family member who has a serious health condition. Up to 12 weeks of such leave may be taken in a 12 month period and the 12 weeks shall include the required use of all vacation, sick, and holiday-in-lieu time off prior to the authorization of unpaid leave. All paid and unpaid time off to care for the qualifying family member shall be counted towards the 12 week entitlement.

During any unpaid portions of the leave entitlement, the regular employee may continue existing County enrollment in the health benefits program including the Medical, Dental and Employee Assistance Plan. The County will continue to provide the County's share of the appropriate premium to continue existing coverage level so long as the employee continues to pay the employee's share of the premium. The County will not continue a cash back subsidy.

Employees who wish to continue their retirement system service credit accrual during the unpaid portions of their leave for a serious health condition may purchase retirement system coverage by making arrangements with the Retirement Office at the time that the leave is approved.

Additional unpaid leave of absence may be authorized for a maximum of one year which includes any leave entitlements under the Family Medical Leave Act, the California Family Rights Act or the California Pregnancy Disability Act, unless criteria outlined in subsections (k) or (l) apply. The regular employee may elect to continue health benefits including Medical, Dental and Employee Assistance Program coverage for the remainder of this leave at their own expense through COBRA enrollment.

Leave to Care for the Serious Health Condition of a Registered Domestic Partner or the Child of a Registered Domestic Partner. Any employee may request up to 12 weeks of leave under the California Family Rights Act to care for the serious health condition of the employee's registered domestic partner or the child of the registered domestic partner. Leave to care for the serious health condition of the employee's registered domestic partner or the child of a registered domestic partner may be taken by regular or temporary employees who have been employed by the County for at least 12 months as of the date the leave commences and who have actually worked at least 1,250 hours for the County during the 12 months immediately preceding the start date of the leave, if they need such leave to care for either the employee's registered domestic partner or the child of the employee's registered domestic partner who has a serious health condition. Up to 12 weeks of such leave may be taken in a 12 month period. The 12 week period shall include the use of all accrued vacation, sick, and holiday-in-lieu time off prior to the authorization of unpaid leave. All paid and unpaid time off to care for the employee's registered domestic partner or the child of the registered domestic partner shall be counted towards the 12 week entitlement.

The period of leave to care for the serious health condition of a registered domestic partner shall not be counted as part of the 12 week entitlement to a medical leave for a serious health condition or a family leave to care for a new child under the Family Medical Leave Act.

The period of leave to care for the serious health condition of the child of a registered domestic partner shall not be counted as part of the 12 week entitlement to a medical leave for a serious health condition under the Family Medical Leave Act, unless the employee is acting in loco parentis for the child of the registered domestic partner in which case, the child is a qualifying family member under the Family Medical Leave Act and any leave shall be counted as part of the Family and Medical Leave Act leave entitlement.

At the end of the employee's leave period to care for the serious health condition of the employee's registered domestic partner or, as applicable, the child of the registered domestic partner, the employee may still be entitled to take up to 12 weeks of time off under the Family Medical Leave Act to the extent that the employee satisfies the eligibility criteria for such leave and has not previously exhausted such leave entitlement.

Employees who wish to continue their retirement system service credit accrual during the unpaid portions of their leave may purchase retirement system coverage by making arrangements with the Retirement Office at the time that the leave is approved.

Additional unpaid leave of absence may be authorized for a maximum of one year which includes any leave entitlements under the Family Medical Leave Act, the California Family Rights Act or the California Pregnancy Disability Act, unless criteria outlined in subsection (k) or subsection (l) apply. The regular employee may elect to continue health benefits including Medical, Dental and Employee Assistance Program coverage for the remainder of this leave at their own expense through COBRA enrollment.

New child. Any employee may request time off to care for a new child.

Family leave to care for a new child may be taken by regular or temporary employees who have been employed by the County for at least 12 months as of the date the leave commences and who have actually worked at least 1,250 hours for the County during the 12 months immediately preceding the start date of the leave, if they have a new child through birth, adoption or foster care. Family leave to care for a new child shall be taken within 12 months of the birth or placement of the child in the home. Up to 12 weeks of such leave may be taken in a 12 month period and the 12 weeks shall include the required use of all available vacation, holiday-in-lieu, and Parental Leave prior to authorization of unpaid leave. All paid and unpaid time off to care for the new child shall be counted towards the 12 week entitlement.

During any unpaid portions of the 12 week entitlement, a regular employee may continue existing County enrollment in the health benefits program including the Medical, Dental and Employee Assistance Plan. The County will continue to provide the County's share of the appropriate premium to continue existing coverage levels, so long as the employee continues to pay the employee's share of the premium. The County will not continue a cash back subsidy.

Employees who wish to continue their retirement system service credit accrual during the unpaid portions of their leave to care for a new child may purchase retirement system credit by making arrangements with the Retirement Office at the time that the leave is approved.

Additional unpaid leave of absence may be authorized for a maximum of one year which includes any leave entitlements under the Family Medical Leave Act, the California Family Rights Act or the California Pregnancy Disability Act, unless criteria outlined in subsections (k) or (l) apply. The regular employee may elect to continue health benefits including Medical, Dental and Employee Assistance Program coverage for the remainder of this leave at their own expense through COBRA enrollment.

Pregnancy Leave. Any employee may request a leave during the disability period of her pregnancy. Up to four months of such leave may be taken for an employee's pregnancy-related disability and the four months shall include the use of all accrued sick leave during the otherwise unpaid portion of the pregnancy disability leave. An employee may elect, but is not required, to use any available vacation balances during the pregnancy disability leave.

The period of pregnancy disability is not counted as part of the 12 week entitlement to a medical leave for a serious health condition or a family leave to care for a new child under the California Family Rights Act. However, if an employee has exhausted all leave balances, she may begin her entitlement of up to 12 weeks of County payment of the medical premiums, but not any cash back subsidy, in order to avoid interrupting insurance coverage.

At the end of the employee's period of pregnancy disability or the end of four months, whichever occurs first, the employee is still entitled to take up to 12 weeks of time off under the California Family Rights Act for a family leave to care for a new child to the extent that the employee satisfies the eligibility criteria for such leave and has not previously exhausted such leave entitlement, although the early use of the medical benefit entitlement may cause County-paid coverage of the medical premium to cease before the completion of this additional 12 weeks of family leave time.

Additional unpaid leave of absence may be authorized for a maximum of one year which includes any leave entitlements under the Family Medical Leave Act, the California Family Rights Act or the California Pregnancy Disability Act, unless criteria in subsections (k) and (l) apply. The regular employee may elect to continue health benefits including Medical, Dental and Employee Assistance Program coverage for additional leave at their own expense through COBRA enrollment.

Education or training. Any employee may request a leave of absence for education or training that would benefit the County. All vacation, compensatory time off and holiday-in-lieu balances must be exhausted prior to authorization of the unpaid leave.

Furlough. When an employee takes a furlough, i.e., a leave of absence without pay, for purposes of reducing expenditures as a part of a department budgetary reduction plan, leave balances need not be exhausted prior to taking the furlough.

Leave of Absence Pending Disability Retirement. An employee who has applied for a disability retirement and who has exhausted all available accrued leave shall be approved for a leave of absence without pay, pending the decision on the disability retirement application.

Other personal reasons. A leave of absence may be approved by the appointing authority and the Administrator of the Internal Services Agency, when in their judgment County service or cost will not be adversely affected. All vacation, compensatory time off and holiday-in lieu balances must be exhausted prior to authorization of the unpaid leave, except when subsections (k) and (l)(1) apply.

Leave balances shall be exhausted prior to the approval of a 30 day leave of absence unless this requirement is waived by the appointing authority.

A request for a leave of absence without pay shall be made in writing. Such leave shall be subject to approval of the appointing authority and the Administrator of the Internal Services Agency. Except as specified in subsections (k) and (l)(1), an employee shall not be granted a leave of absence without pay for time off which can be covered by accrued vacation, compensatory time off, holiday-in-lieu, or sick leave.

Entitlement to medical leave for a serious health condition and/or family leave to care for a new child is a combined total of 12 weeks in any 12 month period except as otherwise specified in subsection (f) of this section. This does not prohibit the department from granting additional time off under other leave provisions. Any authorized paid leave taken that is related to the medical condition or new child event, including paid Parental leave, shall be included in the 12 week entitlement. The only exception to this is in the case of pregnancy, as set forth in subsection (h) of this section. The leave entitlement shall be prorated for part-time employees.

If both parents are County employees, the combined total of their entitled family leave to care for a new child is 12 weeks. Any of the mother's portion of this 12 weeks is calculated from time taken after her release from her pregnancy disability. The combined 12 week total includes any Parental or other paid leaves taken by either parent to care for the new child. Either parent, however, may use any remaining balance of their individual 12 week entitlements as a medical leave for a serious health condition within a 12 month period. This does not prohibit the department from granting additional time off under other leave provisions.

When the employee applies for a medical leave for a serious health condition or a family leave to care for a new child, approval is an entitlement once the appointing authority has verified the employee's eligibility. All such verified requests shall be forwarded to the Internal Services Agency. Appeals relating to any application or interpretation of a request for medical or family leave shall be resolved by the Administrator of the Internal Services Agency.

A leave of absence is limited to one year. Except as presented in subsection (k), and specified herein, a leave of absence may be granted for more than one year based only on unusual and special circumstances, and shall be subject to approval of the appointing authority and the Administrator of the Internal Services Agency.

A leave of absence may be revoked by the Administrator of the Internal Services Agency upon evidence that the cause for granting a leave was misrepresented or has ceased to exist.

To the extent that there are any inconsistencies between this section and existing memoranda of understanding covering employees in any representation unit created pursuant to Chapter 2.79 of the Sacramento Code, the provisions of the memoranda of understanding shall prevail.

(SCC 226 § 2, 1975; SCC 0925 § 1, 1993; SCC 0953 § 2, 1994; SCC 1268§ 1, 2004; SCC 1290 § 2, 2005)

§ 2.78.767 Parental Leave.

Each regular County employee with at least one year of continuous employment shall be entitled to schedule paid parental leave upon the birth of the employee's child or during the process of an adoption of a minor child by an employee. In the case of an adoption, the entitlement shall arise upon both: (1) the placement of the child in the employee's care; and (2) the verification of the employee's intent to adopt. The purposes of parental leave are to facilitate parental bonding, family adjustment, and child care, and such leave shall be used consistent with these purposes.

Parental leave shall be approved by the employee's appointing authority, except where the granting of the parental leave request would unduly interfere with or cause severe hardship upon department operations. Wherever possible, departments shall make reasonable accommodations to permit parental leave, either on a full-time or part-time basis.

The maximum paid parental leave for full-time regular employees shall be 160 hours. Parental leave shall be pro-rated for part-time regular employees. The use of parental leave shall not extend beyond six months from either: (1) the date of birth of the employee's child; or (2) in the case of adoption, the initial date of placement of a minor child with the employee for purpose of adoption. The maximum 160 hours shall apply to each birth or adoption, regardless of the number of children born (twins, triplets, etc.) or adopted at one time.

Parental leave is separate and distinct from the use of sick leave for pregnancy, since it is not based upon disability. Parental leave is available to be scheduled at the conclusion of the use of sick leave for pregnancy.

Employees shall submit a written request including substantiation in order to use parental leave.

While on parental leave, if an employee or qualifying family member is incapacitated for one or more days due to illness or injury, the employee may charge such days to the appropriate sick leave (self or family). In such event, the employee shall promptly notify the appointing authority to obtain approval and provide documentation as required.

Use of jury duty or family death leave is permissible. The employee shall promptly notify the appointing authority to obtain approval and provide documentation as required.

Use of sick leave, jury duty or family death leave will not extend the six month period available to use your parental leave.

No other time off shall be used while on parental leave.

Use of parental leave does not reduce or adversely affect the maximum one year unpaid leave of absence that an employee may request for child care or family reasons following the birth or adoption of a child.

(SCC 0795 § 1, 1990; SCC 0798 § 1, 1990; SCC 1630 § 1, 2018)

§ 2.78.770 Family Death Leave.

The appointing authority may authorize family death leave with pay, for a regular employee, when needed, due to the death of his parent, spouse, registered domestic partner, child, child of his registered domestic partner, grandchild, grandparent, brother, brother-in-law, brother of his registered domestic partner, sister, sister-in-law, sister of his registered domestic partner, mother-in-law or father-in-law, mother or father of his registered domestic partner, or the death of any child or close relative who resided with the employee at the time of death.

Such absence for family death shall be limited to time which is definitely required and shall not exceed 40 hours for any one death. The amount of leave which may be authorized shall be prorated for part-time employees.

(SCC 226 § 2, 1975; SCC 0863 § 2, 1992; SCC 1290 § 3, 2005; SCC 1346 § 1, 2006)

§ 2.78.775 Time Off for Promotional Examinations.

Employees shall be released from duty without loss of compensation while competing in County promotional examinations that are scheduled during duty hours.

(SCC 226 § 2, 1975)

§ 2.78.777 County Employees as Volunteer Poll Workers Program.

The Sacramento County Board of Supervisors acknowledges that the electoral process is fundamental to our system of government and is served by providing voters with election polls that are fully staffed with qualified and trained citizens. However, it is increasingly more difficult to adequately staff polls due to emergent complexities in the election process and a dwindling pool of able volunteers. The Board of Supervisors finds that a vital public interest is served by encouraging County employees to volunteer as poll workers to help protect and maintain the integrity of the election process in the County of Sacramento and for that public purpose hereby adopts the "County Employees as Volunteer Poll Workers Program."

Any regular County employee, other than employees assigned to the Division of Voter Registration and Elections, may apply for paid leave from County employment to serve as a volunteer poll worker in a polling place in Sacramento County through the "County Employees as Volunteer Poll Workers Program" when the election day and/or required poll worker training fall within the employee's regularly scheduled work day.

Subject to the discretion of his or her appointing authority to grant or deny the request based on the needs of the service, a regular employee is qualified for approval as follows:

The employee has successfully applied for and has been selected and found qualified by the Sacramento County Registrar of Voters to serve as a volunteer poll worker;

The employee has made a request in writing to his/her appointing authority for an absence from County employment as is necessary to attend and complete Poll Worker Training as directed by the Registrar and an absence for the employee's entire regularly scheduled work day on election day to serve as a volunteer poll worker in Sacramento County;

On the day of the election the employee has fully executed his/her responsibilities as a poll worker and reported to his/her assigned polling place at the designated time, performed all duties appointed by the County elections official and as required by applicable state and federal elections laws, and remained on duty until the poll was properly closed and secured and until released by the County elections official. As a volunteer, the employee is entitled to receive the normal stipend paid by Voter Registration and Elections to all volunteer poll workers. The stipend shall not be counted in any computation of the total wages or compensation paid the employee by reason of his or her regular employment with the County.

Any regular County employee who qualifies and is approved for the "County Employees as Volunteer Poll Workers Program" will receive his or her regular pay while on paid leave from County employment for one regularly scheduled work day that falls on the day of the election and for such leave time prior to the election as is necessary, including travel, to attend the required Poll Worker Training during the employee's work hours. No overtime or compensatory time shall be earned or accumulated during such paid leave.

(SCC 1229 § 1, 2002)

§ 2.78.780 Jury Duty.

A regular employee shall be allowed such time off with pay as if required in connection with jury duty; provided, however, that payment shall be made for such time off only upon remittance of full jury fees, or upon submittal of acceptable evidence that jury fees were waived.

Such employee shall notify the appointing authority immediately upon receiving notice of jury duty.

An employee who takes vacation or compensating time off while on jury duty shall not be required to remit or waive jury fees in order to receive regular salary.

(SCC 226 § 2, 1975)

§ 2.78.785 Military Absence.

The Director of Personnel Management is hereby designated to administer the mandatory military absence provisions of the Military and Veterans Code and to establish such rules and procedures as are necessary or expedient.

The following provisions, which are essential to effective salary administration, are incorporated in this chapter and delegated to the Director of Personnel Management for administration:

A specific calendar period of military leave shall be established for each employee who is granted leave pursuant to the Military and Veterans Code. Such period of military leave shall include the ordered or expected period of active duty and reasonable travel time connected therewith. An employee who does not return within the period of approved military leave shall be granted three months' additional military leave, and, thereafter, be terminated; provided, however, that an employee who is so terminated and who later requests to return to duty shall be granted any benefits and privileges which are required by the Military and Veterans Code.

An employee who is a member of the reserve corps of the armed forces, of the National Guard or of the Naval Militia and who has one full year of continuous service immediately preceding the leave, and who takes temporary military leave of 180 days or less (including travel time), shall be maintained in his or her position and, upon returning to duty after the prescribed period of temporary leave, shall receive all vacation, sick leave and benefits arising from seniority in the County and in his or her class, which would have accrued had the employee not been absent on military leave.

An employee who takes military leave other than as described in subsection (B) shall have the right, if released under other than dishonorable conditions, including while on terminal leave, to return to the employee's former position within three months after termination of active military service; provided, however, such right to return shall not be granted an employee who fails to return to duty within twelve months after the first date the employee could terminate or could cause to have terminated active military service. Such employee shall receive no benefits for the period of absence, except as provided in subsection (D), but following return to duty such employee shall resume accrual of all benefits as though the employee had not been absent on military leave.

An employee who has one full year of continuous service immediately prior to taking ordered military leave in accordance with subsection (B) or (D) shall receive a payment equivalent to the salary which would have otherwise been received for the first 30 calendar days of the military leave, upon submitting satisfactory evidence of military service. Only one such payment shall be made during any one period of ordered military service, and the total amount of such payments shall not exceed the equivalent of thirty calendar days' salary in any one fiscal year. For the purpose of determining the one year of continuous service with respect to subsection (B), all service in the recognized military service shall be counted.

An employee who resigns to enter military service shall have the right to return to County employment within six months of the termination of active military service; provided, however, such right to return shall not be granted an employee who fails to return to duty within 12 months after the first date the employee could terminate or cause to have terminated active military service. The employee shall be entitled to such civil service status as he or she would have if he or she had not resigned. In all other respects, he or she shall be treated as a new employee.

This section is intended to set forth those mandatory provisions of the Military and Veterans Code which are most frequently applicable to County employees who enter the military service.

(SCC 226 § 2, 1975)

§ 2.78.790 Disability Leave with Pay.

An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. The employee shall not be considered absent from duty during the time required for such examination.

A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act:

During any period of disability for which payment is not provided under worker's compensation insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which the employee has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay. For the purposes of this section, "accrued leave with pay" includes accrued sick leave, vacation and compensating time off.

During any period of disability for which payment is provided under worker's compensation insurance the employee shall elect to either:

Retain any worker's compensation benefits received during the pay period and in addition receive full pay. Such employee shall use accrued sick leave, vacation CTO and HIL on an hour-for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,

Retain any worker's compensation benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the worker's compensation benefits added together are equivalent to the employee's full pay. Such employee shall use accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the worker's compensation benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.

As provided by Labor Code Section 4850, certain County employees who become unable to perform their duties because of disability incurred in the performance of assigned duties may be entitled to disability leave with pay. Any such employee shall be placed on disability leave with pay, with no charge against accrued leave, for a period not exceeding that provided by Labor Code Section 4850. If the period of disability exceeds that granted pursuant to Labor Code Section 4850, such employee shall be entitled to disability leave with pay as provided in this section.

Additional disability leave with pay may be granted by the Board of Supervisors to an employee disabled in the performance of assigned duties when, in the judgment of the Board, the granting of such additional disability leave is deemed appropriate.

All disability leave provisions of this section shall terminate when the employee has used all accrued sick leave, vacation, CTO and HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under worker's compensation insurance, retirement, termination from County employment or death.

(SCC 226 § 2, 1975; SCC 0849 § 1, 1991)

§ 2.78.792 Integration of Accrued Leave with State Disability Insurance Benefits of Eligible Employees.

Employees who are absent from duty because of illness or injury and have been authorized to use County paid leave benefits, sick leave, vacation, compensating time off, holidays and holiday-in-lieu time, shall be eligible to integrate the payment of State Disability Insurance benefits with such County paid leave benefits. No integration of County paid leave benefits and State Disability Insurance shall occur unless the appointing authority has approved the use of the County paid leave benefits by the employee requesting integration.

Whenever eligible employees who have accrued leave balances receive State Disability Insurance (SDI) benefits, the use of the accrued leave balances shall be integrated with the SDI benefits so as to provide a combined bi-weekly adjusted net income equivalent to 100% of the regular net income (gross income less mandatory deductions) as long as such eligible disability qualifies and available leave balances are authorized by the appointing authority.

The leave balances that will be available for integration with SDI benefits and the required order of their use are: sick leave, vacation, compensating time off and holiday-in-lieu time.

The following conditions shall apply where SDI benefits are integrated with accrued leave balances:

Employee authorized deductions shall be deducted from the net income of the employee.

Special pay allowances which are not permanent (such as overtime, standby, night shift differential, call back or out-of-class pay) shall not be counted in determining the gross or net income of the employee.

Sick leave and vacation shall not accrue during the period the employee receives the integrated leave and SDI benefits, except that the employee shall accrue a pro-rated sick leave, vacation, and holiday-in-lieu for any actual hours worked during a pay period in which integration occurs.

The seniority and step increase eligibility of the employee shall continue to accrue during the period the employee receives the integrated leave and SDI benefits.

When an employee exhausts all available County paid leave balances, the employee shall return to work or request an unpaid leave of absence from his/her appointing authority pursuant to the provisions of Section 2.78.765. Regardless of whether the employee continues to receive SDI payments, once all County paid leave balances are exhausted, County compensation shall cease unless the employee returns to work.

The County shall continue its contributions toward the employee's health, dental, life and retirement plans during the period the employee receives the integrated leave and SDI benefits.

Eligible employees who are part-time employees, shall be entitled to the integrated leave and SDI benefits of this section in the same ratio that their part-time employment has to full-time employment (that is, a pro-rated basis).

(SCC 529 § 1, 1980; SCC 0761 § 1, 1989)

§ 2.78.795 Disability Retiree—Return Rights.

A person who is a disability retiree from a permanent position in a civil service class has the right to reinstatement in the County service where (1) the retirement board determines that said person is not so incapacitated; and (2) said person is otherwise eligible for reinstatement pursuant to the regulations of the count and the requirements of Government Code Section 31730.

Where a disability retiree is reinstated to County service, the period of disability retirement shall not be treated as County service for determining salary, benefits, seniority, or any other purpose.

(SCC 420 § 1, 1980)

§ 2.78.796 Retiree—Reemployment.

The provisions of Section 31680.7 of the Government Code shall be applicable in the County on and after the effective date of this section.

(SCC 1443 § 1, 2009)

§ 2.78.797 Assignment of Leave for Catastrophic Illness and Other Purposes.

County employees experiencing adverse personal circumstances periodically find the need to request an unpaid leave of absence as a result of having exhausted available leave balances. The purpose of this section is to provide a mechanism for ameliorating the financial hardship of an unpaid leave of absence under such circumstances by permitting other County employees to assign the monetary value of their vacation and holiday-in-lieu leave to employees who are on an approved unpaid leave of absence of more than 30 days. This section is intended primarily, but not exclusively, for employees who are suffering from a catastrophic illness or desire to care for immediate family members suffering from such an illness. It is not intended for the hours of accrued leave or the cash value of such leave assigned pursuant to this section to be treated, respectively, as County service or final compensation for purposes of the County Employees Retirement Act of 1937.

A regular employee shall be entitled to make an irrevocable assignment of a minimum of eight hours of accrued vacation or holiday-in-lieu leave to another regular employee who has been approved for an unpaid leave of absence of more than 30 days. A regular employee shall be eligible to receive such an assignment of accrued vacation or holiday-in-lieu leave beginning with the first full bi-weekly pay period after that employee is placed on such an approved unpaid leave of absence.

The amount of leave assigned pursuant to subsection (b) hereof shall be converted to a cash amount based on the donating employee's hourly rate of pay. The cash value of the assigned leave shall then be placed in a trust account in the name of the eligible employee in the Sacramento County Treasury. Such trust account shall be administered by the Sacramento County Auditor-Controller.

Monies shall be paid out of the trust account to the eligible employee on a bi-weekly basis. The amount of the bi-weekly payment shall be the total amount of monies in the trust account in the employee's name up to a maximum of 100% of the employee's regular bi-weekly gross pay plus the County's portion of the medical insurance premium and less amounts required to be withheld by federal and state laws.

Any employee who is eligible to receive assigned leave shall continue to be eligible to receive such leave so long as the employee remains on an approved unpaid leave of absence of more than 30 days. At such time as the employee's employment with the County terminates, all monies in the trust account in the employee's name shall be paid to the employee, or in the event of death to the employee's designated beneficiary, by the end of the next full bi-weekly pay-period after the employee's termination from County employment or notification to the County of the employee's death. An eligible employee who resumes his or her duties after being on an approved unpaid leave of absence shall be paid all monies remaining in the trust account in his or her name by the end of the next full bi-weekly pay period after the employee resumes his or her duties.

Notwithstanding the provisions of subsection (d) hereof, in the case of any eligible employee who is receiving Worker's Compensation or State Disability Insurance (SDI) benefits, the use of assigned leave shall be integrated with the Workers' Compensation and SDI benefits, so as to provide a combined bi-weekly gross income equivalent to the employee's regular bi-weekly gross pay plus the County's portion of the medical insurance premium, less Workers' Compensation and SDI payments and less taxes and other amounts required by law to be withheld.

Any interest earned by the County treasury on monies in any trust account established pursuant to this section, together with any unclaimed monies in any such trust account, shall be the property of the County and shall be credited to the County general fund.

No employee shall solicit donations of assigned leave from any subordinate employee.

No employee shall either directly or indirectly engage in the solicitation of donations of assigned leave during duty hours.

The hour(s) of accrued leave and the cash value of such leave assigned pursuant to subsection (b) hereof shall not be treated, respectively, as County service or final compensation for purposes of the County Employees Retirement Act of 1937. Notwithstanding the provisions of subsection (c) hereof, no retirement deduction shall be made from such cash amount, the donating employee shall not receive credit for County service for the hour(s) of accrued leave assigned pursuant to subsection (b) hereof, and the cash value of such assigned leave shall not be counted as part of the donating employee's final compensation for purposes of calculating his or her retirement allowance.

The receipt by any eligible employee of any monies pursuant to this section shall in no way affect or modify the employee's employment status with the County, nor shall it affect or modify the applicability of any other relevant policy, rule, or ordinance.

(SCC 0764 § 1, 1989; SCC 0800 § 1, 1990)