Chapter 3.12 — LEAVES OF ABSENCE

A leave of absence without pay may be granted by the department head upon the request of the employee seeking such leave, but such leave shall not be for longer than nine months, except as hereinafter provided. Notwithstanding the foregoing, such leaves shall not exceed six months if so provided by the memorandum of understanding applicable to the employee.

(Prior admin. code § 2-11.01)

A leave of absence without pay may not be granted to a person accepting either private or public employment outside the service of the county of Alameda, except as hereinafter provided.

(Prior admin. code § 2-11.02)

Every employee shall be entitled to military leaves of absence as specified in Chapter 7, Part 1, Division 2 of the California Military and Veterans Code. If such employee shall have been in the service of the county for at least one year prior to the date such absence begins, he/she shall be entitled to receive pay for up to thirty (30) days during ordered military leave (including weekend days and travel time) during any fiscal year at the rate he/she would have received and for shifts he/she would have been scheduled to work or scheduled for paid holiday leave had he/she not been on military leave. In no event shall an employee be paid for time he/she would not have been scheduled to work during said military leave. Time spent on military leave shall be included in determining eligibility to occupy a classification based upon length of service.

(Prior admin. code § 2-11.03)

A department head may grant an employee a leave of absence without pay from his position to permit such an employee to be temporarily appointed to fill a position which is vacant as the result, and during the period of a military leave of absence.

(Prior admin. code § 2-11.04)

A leave of absence without pay may be granted by the department head upon the request of the employee seeking such leave for the purpose of education, but no one such leave of absence shall exceed a period of one year.

(Prior admin. code § 2-11.05)

A leave of absence without pay may be granted by the department head to any employee who is lent to another governmental jurisdiction, to an agency engaged in a survey of government practices, or to an educational institution, but no one such leave of absence shall exceed a period of one year.

(Prior admin. code § 2-11.06)

A leave of absence without pay may be granted to an employee to permit such person to accept employment for an indefinite period in the unclassified civil service of the county or in a position outside the county service, the salary of which is paid in whole or in part by the county. Upon termination of such employment, such person shall revert to the position from which said leave of absence was granted and, in the event such position has been filled by another person, the reduction in force procedures set forth in the civil service commission rules shall apply.

(Prior admin. code § 2-11.07)

An employee having tenure in a classification in the classified civil service who is appointed to another classification in the classified service of the county may be granted a leave of absence without pay from the position to which he has tenure until he obtains tenure to such other position, or his appointment thereto is terminated for any reason, whichever first occurs. In the event of the return of such employee to the position from which leave of absence was granted, the employee with the least seniority in such class in such department shall be laid off if all authorized positions are filled.

(Prior admin. code § 2-11.08)

An employee having tenure in a classification in the classified civil service, who is appointed to the classification of project specialist, may be granted a leave of absence without pay from the classification in which he has tenure, by the department head, for the duration of said employee's assignment to the special project.

(Prior admin. code § 2-11.09)

Leave of absence with pay shall be granted to a person while going to and from court and serving on jury duty or answering a subpoena as a witness, provided, however, that that compensation for any employee regularly scheduled to work less than the normal workweek for the job classification shall be prorated within a pay period in which such leave is granted, based upon a proration of the hours which have been worked during that pay period but for the leave, to the normal full-time pay period for the job classification (seventy-five (75) or eighty (80) hours). Jury or witness fees awarded to such a person for periods of paid leave granted under this section shall be deposited with the county treasurer. Any person assigned to an afternoon or evening shift shall be entitled to equal time off as leave with pay from his or her next regularly scheduled shift for all time spent while going to and from court, serving on jury or answering subpoena as a

witness. Equivalent leave with pay shall be granted to any such employee who is scheduled to work a shift other than a day shift, said leave to be granted during his next succeeding work shift.

(Prior admin. code § 2-11.10)

Anything in this code to the contrary notwithstanding, any person who, because of sickness or injury, is incapable of performing his work or duties in the service of the county but who is nevertheless capable of performing other work or duties outside the service of the county may, within the discretion of the department head, be granted sick leave of absence without pay during such disability to accept such employment.

(Prior admin. code § 2-11.11)

A.

Pregnancy Disability Leave. An employee who is disabled by pregnancy, childbirth, or a related medical condition is entitled to an unpaid, job-protected leave of absence of up to seventeen and one-third (17 and 1/3) weeks as determined by the employee's health care provider, in accordance with the Fair Employment and Housing Act (FEHA) Pregnancy Disability Leave (PDL) provision. Employees who are approved for PDL will have their accrued sick leave automatically applied and/or supplemented if they are eligible and receiving State Disability Insurance (SDI). If employees exhaust their sick leave, their vacation leave, compensatory time off or other accrued paid leave will automatically be applied to their PDL unless the employee requests, in writing, not to have their other leave balances applied. For an employee who is regularly scheduled to work less than the normal full-time work week for the classification, usage of accrued paid leave shall be granted only for those days, or fractions thereof, on which such an employee would have been regularly scheduled to work and would have worked but for the PDL.

PDL runs concurrently with approved leave under the federal Family and Medical Leave Act (FMLA), if eligible. Reinstatement of an employee returning from PDL or other job-protected leave shall be to the same classification the employee occupied when the leave was taken, and the agency/department head shall make their best effort to return such employee to the same geographical location, shift and where there is a specialization within a classification, to the same specialization. The determination on whether the agency/department head has used their best effort herein shall not be subject to the grievance procedure.

B.

Child Bonding Leave.

1.

Child Bonding Leave Under California Family Rights Act (CFRA) and Family Medical Leave Act (FMLA). An employee who is a new parent (birth, adoptive or foster placement) is entitled to an unpaid, job-protected leave of absence to bond with a new child up to twelve (12) weeks, within one year of the qualifying event, in accordance with CFRA and FMLA. Child bonding leave taken under CFRA runs concurrently with

approved leave under FMLA, if eligible. The scheduling of child bonding leave (either on CFRA or FMLA) on an intermittent basis shall be a basic minimum duration of two weeks; however, an employee shall be permitted leave of less than two weeks' duration on any two occasions. Any requests for additional occasions of intermittent leave or a reduced work schedule are subject to approval by the employee's agency/department head as allowed by law.

2.

Additional County Child Bonding Leave Not Covered by CFRA/FMLA. An employee may be eligible to take up to a total of twenty-six (26) weeks of leave inclusive of time under FEHA PDL and child bonding leave under CFRA/FMLA; however, any additional leave taken up to the maximum twenty-six (26) weeks of total leave that is not covered under FEHA PDL or CFRA/FMLA may be taken utilizing the employee's own leave balances or will be considered authorized leave without pay. If an employee's combined leave under FEHA PDL and CFRA/FMLA is twenty-six (26) weeks or more, the employee shall not be eligible for additional county child bonding leave under this subsection.

3.

Application of Employee Accrued Leave During Child Bonding. An employee's accrued vacation leave, compensatory time off or other accrued paid leave will automatically be supplemented during the period of child bonding leave referenced in subsections 3.12.120.B.1. (child bonding leave under CFRA/FMLA) and 3.12.120.B.2. (additional county child bonding leave not covered by CFRA/FMLA), unless the employee requests, in writing, to not have their other leave balances applied. In the case of an employee who is regularly scheduled to work less than the normal full-time workweek for the classification, paid leave shall be granted only for those days, or fractions thereof, on which such an employee would have worked but for child bonding leave.

Effective February 16, 2025, an employee's accrued sick leave shall be included in the leaves automatically supplemented during the period of child bonding leave as referenced herein and subsection 3.12.120.B.4. (use of sick leave during child bonding) shall no longer apply.

4.

Use of Sick Leave During Child Bonding. The use of sick leave during child bonding leave shall not be permitted unless they are otherwise eligible to use it as provided in Chapter 3.20 (sick leave).

5.

Reinstatement Following Child Bonding Leave. Reinstatement of an employee returning from child bonding leave or other approved leave referenced herein shall be to the same classification the employee occupied when the leave was taken and the agency/department head shall make their best effort to return such employee to the same geographical location, shift, and where there is specialization within a classification, to the same specialization. The determination on whether the agency/department head has made their best effort herein, shall not be subject to the grievance procedure.

(Ord. 2001-46 § 1: Ord. 95-75 § 1: prior admin. code § 2-11.12)

(Ord. No. 2009-33, § 1, 7-21-09; Ord. No. 2009-36, § 7, 7-21-09; Ord. No. 2012-22, § 1, 6-5-12; Ord. No. 2025-14, § 1, 2-25-25)

Any department head and, subject to the approval of the department head, any other officer or employee designated as management, in Article 2 of the Alameda county salary ordinance shall be entitled to three days of leave with pay in any fiscal year for management, supervisory or professional training, conducted by the county or specifically approved by the committee, county officer or employee responsible for training programs. All necessary fees and expenses incurred in such training shall be paid by the county. In addition, subject to the approval of the department head, all such officers or employees shall be entitled to five days of leave with pay in any fiscal year for other management, supervisory or professional training deemed appropriate by his department head. Fees and expenses for such training shall be paid by the officer or employee.

(Prior admin. code § 2-11.13)

Unrepresented employees who are not M-designated and represented employees working in bargaining units not covered by a voluntary time off program provided in a sideletter of agreement shall be eligible for participation in the voluntary time off program upon the same terms and conditions applicable to represented employees covered by the voluntary time off program provided in sideletters of agreement between the county and organizations of employees as that program may from time-to-time be in effect. Unrepresented M-designated employees shall be eligible for participation in the voluntary time off program upon the same terms and conditions applicable to represented employees covered by the voluntary time off program in the sideletter of agreement between the county and the organization representing the largest number of M-designated employees, as that program may from time-to-time be in effect. This section does not create a vested right in any employee and the program may be amended, suspended reinstated or repealed by the board at any time.

(Ord. 95-41 § 1 (part): prior admin. code § 2-11.14)

The purpose of this section is to provide support to employees who commit their own time and resources specifically to enhancing their job skills and qualifications in the field of social work. Subject to the criteria set forth below, the county authorizes the director of the social services agency to grant a maximum continuous twenty-four (24) month period of unpaid leave to employees for the purpose of attending social work education programs. The county will continue health plan contributions toward the providers charge as provided in the applicable memorandum of understanding or Administrative Code section during the time the employee participates in this program.

Employees who incur costs for medical premiums on or after September 25, 1994, will be reimbursed upon submission of proof of payment to the social services agency.

Eligibility is limited to only once during an individual's employment with the county for employees with at least twenty-six (26) biweekly pay periods of continuous county service. Provisional, temporary, emergency and service-as-needed employees are not eligible for this program.

The educational program must be recognized by a state or national professional organization and approved by the social services agency. The studies must result in an advanced degree or certificate. An example of an approved program is a California Master's of Social Work IV-E stipend program approved by the California Social Work Education Center. The program of studies must provide direct benefit to the social services agency through enhanced employee job skills, qualifications and performance. Each request must be considered on its own respective benefit to the agency and the employee. The social services agency director's decision to deny leave for social work education is final and nongrievable.

Employees must attend school no less than three-quarters of the school's full time course load and be unable to maintain a normal or alternate full time employment schedule. When a school break of ten working days or more occurs, participants are required to notify their supervisors and must return to work for the balance of the school break. Participating employees shall not accept outside employment (as defined by Section 3.12.020 of this chapter) while one leave for social work education.

Participants must pass their courses and proceed toward their degrees/certificates on schedule and must provide proof of their progress each quarter or semester. Immediately upon receipt, employees will provide such proof to the agency personnel officer.

The director of the social services agency in his/her discretion may remove a participant from the program for failing in one or more courses. A participant must return to work for the social services agency and must work for a period of time at least equal to the period of the leave for social work education. If the employee leaves county employment earlier, she/he is required to repay the county's medical plan contributions for the period of time equal to the difference in the length of the social work education leave taken and the time worked upon return.

As part of the process for obtaining approval for social work education leave, participating employees must sign an agreement which authorizes the county to withhold any required repayment of medical benefit costs from the final pay warrant(s) and sets forth the participant's agreement to pay any remaining balances within ninety (90) days of leaving the county.

The social services agency will permit each participant to return to his/her former classification upon completion of the social work education program subject to the availability of a funded position and, in the event that no vacant funded position is available, the agency will be required to lay off or reassign a less senior employee, if any, in order to allow the participant to return to work.

(Ord. 95-27 § 1: prior admin. code § 2-11.15)

Effective January 1, 2024, after thirty (30) days from the date of employment, employees shall be entitled to an unpaid leave of absence of up to five days for each reproductive loss event, up to a maximum of twenty (20) days within a 12-month period. Employees may elect to use their accrued leave balances for all hours of their scheduled workdays. The leave may be taken non-consecutively and must be taken in increments

of one workday and completed within three months of the date of the event entitling the employee to such leave. For employees on pregnancy disability leave, FMLA/CFRA leave or other leave entitlement under state or federal law, the reproductive loss leave is in addition to any other such leave entitlements must be completed within three months of the end date of the other leave.

For purposes of this section "a reproductive loss" is defined as:

• Failed adoption;

• Failed surrogacy;

• Miscarriage;

• Stillbirth;

• Unsuccessful assisted reproduction.

To request such leave, employees must complete and submit the "Request for Leave for Reproductive Loss" form to their agency/departmental human resources officer/representative.

(Ord. No. 2025-14, § 1, 2-25-25)

Editor's note— Ord. No. 2025-14, § 1, adopted February 25, 2025, repealed the former § 3.12.160, and enacted a new § 3.12.160 as set out herein. The former § 3.12.160 pertained to child bonding leave and derived from Ord. 96-2 § 1 (part): prior admin. code § 2-11.16; Ord. No. 2009-36, § 8, adopted July 21, 2009; Ord. No. 2012-22, § 2, adopted June 5, 2012.