Chapter 3.20 — SICK LEAVE

As used in this section, sick leave means leave of absence of an employee because of any of the following:

A.

Illness or injury which renders them incapable of performing their work or duties for the county;

B.

Exposure to contagious disease;

C.

Routine medical or dental appointments of the employee; and/or

D.

To obtain or attempt to obtain any relief to help ensure the health, safety, or welfare of themselves when the employee is a victim of domestic violence, sexual assault, stalking, or other crimes that cause physical or mental injury or involves a threat of physical injury, or when the employee's immediate family member is deceased as a direct result of a crime.

Effective February 16, 2025, unrepresented M-designated, employees shall be eligible to use, in each calendar year, up to one day of accumulated sick leave for wellness reasons (preventative reasons to reduce stress, manage mental health and/or rejuvenate).

(Prior admin. code § 2-10.01)

(Ord. No. 2020-43, § 1, 7-14-20; Ord. No. 2025-14, § 2, 2-25-25)

Except as provided in Section 3.20.030 of this code, incumbents of positions in classifications designated intermittent or by the letter "N" are exempt from the sick leave provisions of this code.

(Prior admin. code § 2-10.02)

Notwithstanding the provisions of Section 3.20.020 of this code, incumbents of positions in the following classifications designated intermittent or by the letter "N" shall be eligible to the sick leave provisions of this code.

A.

Eligibility technician intermittent;

B.

Clerk intermittent II;

C.

Clerk intermittent I, if the incumbent was employed in the class of clerk intermittent prior to July 1, 1973, and has worked at least twenty-eight (28) weeks during the fiscal year.

(Prior admin. code § 2-10.03)

In no case shall an absence due to purposefully self-inflicted incapacity or injury be deemed a basis for granting either sick leave or sick leave with pay under the provisions of this section.

(Prior admin. code § 2-10.04)

If an employee is incapacitated by sickness or injury received in the course of his/her employment by the county, such employee shall be entitled to pay as provided herein.

A.

Amount and Duration of Payment. Such employees shall be entitled to receive supplemental industrial sick leave with pay commencing with the fourth calendar day of the incapacity. The supplement shall be equal to the difference between eighty (80) percent of his/her normal salary and the amount of any worker's compensation temporary disability payments to which such employee is entitled during such incapacity. This period shall not exceed one calendar year from the date of sickness or injury resulting in the incapacity. Following one calendar year, available leave balances may be granted to supplement temporary disability payments to provide the disabled employee a total of eighty (80) percent of salary (the amount of sick leave necessary for this purpose is computed in each case by the county auditor-controller's office) unless the employee provides written notice to the agency/department head to limit the integration of such leaves. Available leave balances shall include sick leave, vacation leave, compensating time off, floating holidays and holiday in-lieu time. In the event that the period of the incapacity exceeds twenty-one (21) calendar days, the employee so incapacitated shall be granted supplemental industrial sick leave with pay at the rate of one-hundred (100) percent of his/her normal salary for the first three calendar days of such incapacity. If the period of the incapacity does not exceed twenty-one (21) calendar days, the employee so incapacitated will be eligible to receive any available leave balance for scheduled work days for the first three work days of such incapacity.

B.

When Payments Shall be Denied. Notwithstanding the foregoing provisions of this section, however, such payments shall not be made pursuant to this Section 3.20.050 to an employee (1) who does not apply for or who does not receive temporary disability benefits under the Workmen's' Compensation Law, (2) whose injury or illness has become permanent, (3) whose injury or illness, although continuing to show improvement, is unlikely to improve sufficiently to permit the employee to return to work in his position, (4)

who is retired on permanent disability or pension, (5) who unreasonably refuses to accept other county employment for which he/she is not substantially disabled, (6) whose injury or illness is the result of failure to observe county health or safety regulations or the commission of a criminal offense, (7) whose injury or illness has been aggravated or delayed in healing by reason of the failure of the employee to have received medical treatment or to have followed medical advice, except where such treatment or advice has not been sought or followed by reason of the religious beliefs of the employee, and (8) whose injury or illness is a recurrence or re-injury of an earlier job-related injury or illness or is contributed to by a susceptibility or predisposition to such injury or illness related to an earlier job-related injury or illness.

C.

Leave for Medical Treatment. Employees with an approved worker's compensation claim who have returned to work and are required by their physician to undergo therapy, diagnostic tests or treatment due to an industrial injury/illness shall receive industrial leave with pay under the following conditions:

1.

Treatments are being paid under worker's compensation;

2.

The therapy, diagnostic tests or treatment falls within the employee's normal working hours;

3.

The leave applies only to the actual treatment time and reasonable travel time.

D.

Employees Excluded. The provisions of this section do not apply to safety members who are subject to the provisions of California Labor Code Section 4850.

Unless otherwise provided in a current and valid memorandum of understanding if an employee is incapacitated by sickness or injury received in the course of his/her employment by the county, such employee shall be entitled to pay as provided in subsections E and F.

E.

The following provisions apply to unrepresented employees for an industrial injury that occurs on or after July 12, 2009 and the following provisions apply for employees represented by IFPTE, Local 21, Alameda County Counsels' Association, Rep Unit R65. for any injury that occurs on or after July 11, 2010.

Amount and Duration of Payment. Such employees shall be entitled to receive supplemental industrial sick leave with pay commencing with the fourth calendar day of the incapacity. The supplemental shall be equal to the difference between seventy-five (75) percent of his/her normal salary and the amount of any worker's compensation temporary disability payments to which such employee is entitled during such incapacity. This period shall not exceed two hundred and seventy (270) days from the date of sickness or injury resulting in the incapacity. Following two hundred and seventy (270) days, available leave balances may be granted to supplement temporary disability payments to provide the disabled employee a total of seventy-

five (75) percent of salary (the amount of sick leave necessary for this purpose is computed in each case by the county auditor-controller's office) unless the employee provides written notice to the

agency/department head to limit the integration of such leaves. Available leave balances shall include sick leave, vacation leave, compensating time off, floating holidays and holiday in-lieu time. In the event that the period of the incapacity exceeds fourteen (14) calendar days, the employee so incapacitated shall be granted supplemental industrial sick leave with pay at the rate of one hundred (100) percent of his/her normal salary for the first three calendar days of such incapacity. If the period of the incapacity does not exceed fourteen (14) calendar days, the employee so incapacitated will be eligible to receive any available leave balance for scheduled work days for the first three work days of such incapacity.

F.

The following provisions apply to unrepresented employees for industrial injury that occurs on or after July 12, 2009 and the following provisions apply for employees represented by IFP1E. Local 21, Alameda County Counsels' Association, Rep Unit R65, for any injury that occurs on or after July 11, 2010.

Leave for Medical Treatment. Such employees with an approved worker's compensation claim who have returned to work and are required by their physician to undergo therapy, diagnosis tests or treatment due to an industrial injury/illness shall receive industrial sick leave with pay under the following conditions:

1.

Treatments are being authorized under worker's compensation;

2.

The therapy, diagnostic tests or treatment fall within the employee's normal working hours;

3.

The leave applies only to the actual treatment time and reasonable travel time not to exceed thirty (30) minutes to and thirty (30) minutes from the medical facility. Such leave shall be granted for up to six months from the date of injury but shall not be granted once an employee is declared permanent and stationary. In no event shall leave under this subsection and the employee's actual work time exceed the employee's normally scheduled workday.

G.

Effective July 11, 2010, for employees represented by IFPTE, Local 21, Alameda County Public Defenders' Chapter, Rep. Units R68 and 069, for any injury that occurs prior to July 11, 2010.

Amount and Duration of Payment. Such employees shall be entitled to receive supplemental industrial sick leave with pay commencing with the fourth calendar day of the incapacity. The supplement shall be equal to the difference between eighty (80) percent of his/her normal salary and the amount of any worker's compensation temporary disability payments to which such employee is entitled during such incapacity. This period shall not exceed one calendar year from the date of sickness or injury resulting in the incapacity. Following one calendar year, available leave balances may be granted to supplement temporary disability payments to provide the disabled employee a total of eighty (80) percent of salary (the amount of

sick leave necessary for this purpose is computed in each case by the county auditor-controller's office) unless the employee provides written notice to the agency/department head to limit the integration of such leaves. Available leave balances shall include sick leave, vacation leave, compensating time off, floating holidays and holiday in-lieu time. In the event that the period of the incapacity exceeds fourteen (14) calendar days, the employee so incapacitated shall be granted supplemental industrial sick leave with pay at the rate of one hundred (100) percent of his/her normal salary for the first three calendar days of such incapacity, If the period of the incapacity does not exceed fourteen (14) calendar days, the employee so incapacitated will be eligible to receive any available leave balance for scheduled work days for the first three work days of such incapacity.

H.

Effective July 11, 2010, employees represented by IFPTE, Local 21, Alameda County Counsels' Association, Rep Unit R65 for injuries that occur prior to July 11, 2010, the following provisions apply.

Amount and Duration of Payment. Such employees shall be entitled to receive supplemental industrial sick leave with pay commencing with the fourth calendar day of the incapacity. The supplement shall be equal to the difference between eighty (80) percent of his/her normal salary and the amount of any worker's compensation temporary disability payments to which such employee is entitled during such incapacity. This period shall not exceed one calendar year from the date of sickness or injury resulting in the incapacity. following one calendar year, available leave balances may be granted to supplement temporary disability payments to provide the disabled employee a total of eighty (80) percent of salary (the amount of sick leave necessary for this purpose is computed in each case by the county auditor-controller's office) unless the employee provides written notice to the agency/department head to limit the integration of such leaves. Available leave balances shall include sick leave, vacation leave, compensating time off, floating holidays and holiday in-lieu time. In the event that the period of the incapacity exceeds fourteen (14) calendar days, the employee so incapacitated shall be granted supplemental industrial sick leave with pay at the rate of one hundred (100) percent of his/her normal salary for the first three calendar days of such incapacity. If the period of the incapacity does not exceed fourteen (14) calendar days, the employee so incapacitated will be eligible to receive any available leave balance for scheduled work days for the first three work days of such incapacity.

(Ord. 2002-55 § 4; Ord. 95-75 § 1 (part): prior admin. code § 2-10.05)

(Ord. No. 2009-36, § 1, 7-21-09; Ord. No. 2010-28, §§ 1, 2, 6-29-10; Ord. No. 2010-33, §§ 1, 2, 6-29-10)

Each employee shall accumulate sick leave with pay entitlement at the rate of one-half workday for each biweekly pay period on paid status up to a maximum accumulation of one hundred twenty-five (125) workdays of unused sick leave with pay entitlement, including any sick leave bonus acquired pursuant to Section 3.20.080 hereof. The department head shall grant to such an employee, incapacitated by injuries or sickness, sick leave with pay, but not in excess of his accumulated unused sick leave with pay entitlement. Effective January 1, 2006, for unrepresented employees effective December 31, 2006, for employees represented by the Alameda County management employees association in representation units R15, R44, R45, R48, R49, and R50, there shall be no maximum accumulation. Effective July 29, 2007, for employees represented by the Alameda County management employees association sheriffs unit in representation unit

029 there shall be no maximum accumulation. Effective December 28, 2008 for employees represented by the civil engineer management unit in representation unit R30 there shall be no maximum accumulation.

(Ord. 2008-38 § 1 (part); Ord. 2007-37 § 1 (part); Ord. 2006-58 § 1 (part); Ord. 2005-41 § 1 (part); prior admin. code § 2-10.06)

Any employee who is regularly scheduled to work less than the normal workweek for the job classification shall accumulate sick leave with pay entitlement as specified in Section 3.20.060 of this code, except that the sick leave with pay entitlement shall be prorated each pay period to the normal full-time pay period for the job classification (seventy-five (75) to eighty (80) hours). Such an employee shall be eligible for paid sick leave on the same basis as full time employees, but such payment shall be granted only for those days, or fractions thereof, which the employee was regularly scheduled to work and would have worked but for illness or injury. The maximum sick leave accumulation for such an employee is one hundred twenty-five (125) working days. Effective July 29, 2007, for employees represented by the Alameda County management employees association sheriffs unit in representation unit 029 there shall be no maximum accumulation. Effective April 6, 2008, for employees represented by the Alameda County management employees association probation managers in representation unit R075 there shall be no maximum accumulation. Effective December 28, 2008 for employees represented by the civil engineer management unit in representation unit R30 there shall be no maximum accumulation.

(Ord. 2008-38 § 1 (part); (Ord. 2008-10 § 1; Ord. 2007-37 § 1 (part); Ord. 2006-58 § 1 (part); Ord. 2005-41 § 1 (part); prior admin. code § 2-10.07)

In lieu of the supplemental sick leave provision formerly in effect, each employee, other than a person employed in an M-designated position who has been continuously employed full-time since a date prior to July 1, 1975, and any person continuously employed full-time in an M-designated position since a date prior to July 1, 1974, shall be given a one-time nonrecurring bonus of forty-four (44) days of paid sick leave entitlement. Said bonus days of paid sick leave entitlement shall be added to the balance of paid sick leave entitlement which each such employee has accrued pursuant to Section 3.20.060 hereof, and its use shall thereafter be subject to the same conditions which are applicable to cumulative sick leave with pay entitlement. A department head, in his sole discretion, may grant to an employee who was eligible for sick leave bonus provided herein and who has exhausted paid cumulative sick leave entitlement accrued pursuant to Section 3.20.060 of this code, including bonus sick leave, discretionary major medical supplemental paid sick leave. In the case of such an employee who, as of June 25, 1979, had completed twenty-six (26) pay periods and less than one hundred thirty (130) pay periods of continuous employment, the maximum aggregate lifetime eligibility for major medical supplemental paid sick leave shall be twentytwo (22) days. In the case of such an employee who, as of June 25, 1979, completed one hundred thirty (130) pay periods of continuous employment, the maximum aggregate lifetime eligibility for major medical supplemental paid sick leave shall be forty-four (44) days. Major medical supplemental paid sick leave may be granted only in those instances in which:

A.

The employee's absence is caused by a serious injury or illness requiring prolonged absence from work;

B.

The work or duties of the employee requesting such paid leave are being performed by others in the work unit;

C.

The injury or illness was not incurred in the course of employment; and

D.

The employee has not incurred a break-in-service subsequent to the date this section first became effective.

The department head's determination to deny major medical supplemental paid sick leave shall be final and nongrievable. The words "continuously employed" as used in Sections 3.20.060 and 3.20.080 hereof mean full-time county service in which no break has occurred. Employees whose eligibility for the former supplemental sick leave plan was restored prior to June 24, 1979, pursuant to Section 3.20.130 of this code shall not be regarded as having incurred a break-in-service in connection with having been laid off.

(Prior admin. code § 2-10.08)

(Ord. No. 2009-36, § 2, 7-21-09)

The department head, as a condition of granting sick leave with pay, may require medical evidence of sickness or injury acceptable to the department, which may include a statement of diagnosis and treatment from a licensed physician or a medical clearance to return to work.

Effective June 27, 2010, the following provisions apply for employees represented by IFPTE Local 21, Alameda County Counsels' Association.

The agency/department head, as a condition of granting sick leave with pay, may require medical evidence of sickness or injury acceptable to the department. The acceptable medical evidence must be obtained from a medical practitioner currently treating the employee or the employee's family member.

(Prior admin. code § 2-10.09)

(Ord. No. 2010-28, § 4, 6-29-10; Ord. 2010-33, § 2 [3], 6-29-10)

The director of occupational health services shall establish regulations and controls to assure the proper and reasonably uniform administration of the provisions of this chapter and to prevent the abuse thereof.

(Prior admin. code § 2-10.10)

Unless otherwise defined in a memoranda of understanding, regular, provisional or temporary full-time employees are eligible to use, in each calendar year, up to nine days of accumulated sick leave, and effective February 16, 2025, shall be increased to up to twelve (12) days of accumulated sick leave, pursuant to Section 3.20.060 (cumulative sick leave plan) of this code, to attend to immediate family members who are ill or injured, including emergency or routine medical/dental appointments and/or to obtain or attempt to obtain any relief to help ensure the health, safety, or welfare of themselves or their child(ren) when the employee is a victim of domestic violence, sexual assault, stalking or other crimes that cause physical or mental injury or involves a threat of physical injury, or when the employee's immediate family member is deceased as a direct result of crime. For the purpose of this section, "immediate family" means a:

• Spouse or domestic partner (as defined in Section 3.20.170 (domestic partner));

• Parent (biological, adoptive, foster, step-parent, in-law, or legal guardian) of an employee, the employee's spouse or domestic partner;

• Child (biological, adopted, foster, step-child, legal ward or child of domestic partner);

• Grandparent;

• Grandchild;

• Sibling;

• Any other person sharing the relationship of in loco parentis; or

• Effective January 1, 2023, "immediate family" also includes a designated person. Employees shall identify their designated person at the time employees request the leave. Employees are limited to one designated person per twelve (12) month period.

Effective January 7, 2024, unrepresented non-management employees in classifications related to the Service Employees International Union, Local 1021 are eligible to use, in each calendar year, up to twelve (12) days of accumulated sick leave, pursuant to Section 3.20.060 (cumulative sick leave plan) of this code for the purpose and as stated above.

Effective February 16, 2025, unrepresented M-designated employees who are approved for leave under the Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA), to care for an eligible family member with a serious medical condition shall not be limited to usage of the number of sick leave days as outlined in this subsection.

(Ord. 2007-40 § 1; Ord. 2003-33 § 2: Ord. 2000-69 § 1; Ord. 95-75 § 1 (part): Ord. 95-7 § 1 (part): prior admin. code § 2-10.11)

(Ord. No. 2009-36, § 3, 7-21-09; Ord. No. 2010-28, § 3, 6-29-10; Ord. 2010-33, § 3 [4], 6-29-10; Ord. No. O-2015-41, § 1, 7-28-15; Ord. No. 2020-43, § 2, 7-14-20; Ord. No. 2023-11, § 1, 3-21-23; Ord. No. 202330, § 1, 6-27-23; Ord. No. 2025-14, § 2, 2-25-25)

Regular, provisional, or temporary employees in full-time and part-time status (except for unrepresented employees in service-as-needed ("SAN"), retired annuitant, and temporary assignment pool ("TAP") status) shall be granted up to five days of bereavement leave with pay by the agency/department head because of death in the immediate family. Unrepresented employees in SAN, retired annuitant, and TAP status employed for at least thirty (30) days prior to commencing leave shall be granted up to five days of bereavement leave without pay because of death in the immediate family. Employees may use sick leave, if any, for such leave.

For purposes of this section: 1) If requested, at the discretion of the agency/department head or their designee, employees shall complete the county's Bereavement Leave Statement Form (Form HRS3.20.120) within thirty (30) days of the first day of the leave and complete the bereavement leave within three months of the date of death of the immediate family member; 2) the bereavement leave days need not be taken consecutively; 3) "immediate family" means spouse, domestic partner (as defined in Section 3.20.170 (domestic partner)), parent (biological, foster, adoptive, step-parent, parent-in-law, or legal guardian), child (biological, foster, adopted, step-child, a legal ward, or a child of domestic partner), sibling, grandparent, grandchild, and any other person sharing the relationship of in loco parentis; and, when living in the household of the employee, a sibling-in-law; and 4) the entitlement to bereavement leave shall be only for hours the employee would have been scheduled to work for those days granted, and shall be in addition to any other leave entitlement.

(Ord. 2002-55 § 3: Ord. 95-75 § 1 (part): Ord. 95-7 § 1 (part): prior admin. code § 2-10.12)

(Ord. No. 2023-11, § 1, 3-21-23; Ord. No. 2025-14, § 2, 2-25-25)

Unless otherwise defined in a valid memorandum of understanding, all regular, provisional or temporary full-time employees laid off due to a reduction in force and who is within three years of the date of layoff returned to the county service from layoff status shall have the balance of unused cumulative sick leave, accrued pursuant to Section 3.20.060 by this code, restored to him for use as provided in said section.

Unless otherwise defined in a valid memorandum of understanding, all regular, provisional or temporary full-time employees who separate from the county and reinstated/rehired for any reason other than lay-off (see above), by the county within one year from the date of separation, shall have previously accrued and unused paid sick days reinstated up to a maximum of twenty-four (24) hours. The employee shall be entitled to use the reinstated accrued and unused paid sick days as stated above.

(Prior admin. code § 2-10.13)

(Ord. No. O-2015-41, § 2, 7-28-15)

When a person's sick leave accrued pursuant to Sections 3.20.060, 3.20.070 and 3.20.080 hereof reaches one hundred twenty-five (125) days, five days shall be deducted from said sick leave balance and shall be converted to one day of accrued vacation, which shall be added to vacation balances accumulated pursuant to Sections 3.24.010 and 3.24.020 hereof and shall be thereafter subject to the provisions of Chapter 3.24 of this code. Effective January 1, 2006, for unrepresented employees and effective December

31, 2006, for employees represented by the Alameda County management employees association in representation units R15, R44, R45, R48, R49, and R50, the provisions of this section will no longer apply. Effective July 29, 2007, for employees represented by the Alameda County management employees' association sheriffs unit in representation unit [R]029 there shall be no maximum accumulation. Effective April 6, 2008 for employees represented by the Alameda County management employees' association probation managers unit in representation unit R075, the provisions of this section will no longer apply. Effective December 28, 2008 for employees represented by the civil engineers management unit in representation unit R30, the provisions of this section will no longer apply.

Effective January 1, 2017 for unrepresented non-management employees related to SEIU; and each unrepresented non-management employees related to building and construction trades council; unrepresented non-management employees related to Union of Amer-ican Physicians and Dentist and unrepresented non-management employees related to management, the following provisions apply:

When a person's sick leave accrued pursuant to Sections 3.20.060, 3.20.070 and 3.20.080 hereof reaches a max of one hundred fifty-five (155) days, five days shall be deducted from said sick leave balance and shall be converted to one day of accrued vacation, which shall be added to vacation balances accumulated pursuant to Sections 3.24.010 and 3.24.020 hereof and shall be thereafter subject to the provisions of Chapter 3.24 of this code.

(Ord. 2008-38 § 2; Ord. 2008-10 § 2, 2008; Ord. 2007-37 § 2; Ord. 2006-58 § 2; Ord. 2005-41 § 2; prior admin. code § 2-10.14)

(Ord. No. 2016-44, § 3, 9-13-16; Ord. No. 2016-68, § 3, 12-6-16)

The undersheriff, assistant sheriff, and persons employed in the classifications of division commander, captain, and lieutenant shall be authorized a lump sum payment on retirement or death while in active service for unused accrued sick leave in the same amount and manner as is provided for nonmanagement sheriff's personnel pursuant to the applicable memorandum of understanding, between the county of Alameda and the Alameda County deputy sheriff's association.

(Prior admin. code § 2-10.16)

This section applies only to unrepresented employees.

Such an employee may be eligible to receive donations of paid leave to be included in the employee's sick leave balance if the employee has suffered a catastrophic illness or injury that prevents the employee from being able to work, provided that the conditions hereafter set forth are met. Catastrophic illness or injury is defined as a medical condition considered to be terminal, a long-term major physical impairment or disability.

Effective January 19, 2025, unrepresented M-designated employees may be eligible to receive direct

donations of paid leave to care for the employee's eligible family member (based on Family Medical Leave Act ("FMLA") or California Family Rights Act ("CFRA") eligibility) who has suffered a catastrophic illness or

injury as outlined above. Employees who are caring for their dependent, spouse or designated person (in accordance with FMLA or CFRA eligibility) shall only be eligible for direct donations and are not eligible for funds from the existing catastrophic sick leave pool.

A.

The recipient, recipient employee's family, or other person designated in writing by the recipient employee must submit a request to the employee benefits center of the human resource services department.

B.

The recipient employee is not eligible so long as the recipient employee has paid leaves available; however, the request may be initiated prior to the anticipated date leave balances will be exhausted.

C.

A confidential medical verification including diagnosis, prognosis and estimated date of return to work must be provided by the recipient employee.

D.

A recipient employee is eligible to receive one hundred eighty (180) working days (or eighty-four (84) shifts for eligible employees in the Alameda County Fire Department ("ACFD") on twenty-four (24) hour shifts) of donated time per the recipient employee's duration of employment.

Donations shall be made in full-day increments of seven and one-half or eight hours (for employees working thirty-seven and one-half (37.5) or forty (40) hours per week, respectively) (fire—twenty-four (24) hours) and are irrevocable. The maximum that may be donated in a calendar year is two donor employee's days per recipient except that a husband and wife or domestic partners, both employed by the county, may donate unlimited amounts of time between one another. Effective January 19, 2025, unrepresented M- designated employees may donate in increments of four hours for full-time employees and in increments of two hours for less than full-time employees. Unrepresented M-designated employees may also donate unlimited amounts of time up to the full amount of their eligible leave balance. All donations are irrevocable.

E.

The donor employee may donate vacation, compensatory time or in-lieu holiday time which shall be converted to the recipient employee's sick leave balance and all sick leave provisions will apply. Time donated in any pay period may be used in the following pay periods. No retroactive donations are permitted.

F.

The donor's hourly value will be converted to the recipient's hourly value and then added to the recipient's sick leave balance on a dollar-for-dollar basis.

G.

The recipient employee's entitlement to personal disability leave will be reduced by the number of hours added to the recipient's sick leave balance.

H.

The determination of the employee's eligibility for catastrophic sick leave donations shall be at the county's sole discretion and shall be final and nongrievable.

I.

Recipient employees who are able to work but are working less than their regular schedule will integrate catastrophic sick leave donations with time worked and their own paid leaves, which must be used first, not to exceed one hundred percent (100%) of the employee's gross salary.

(Ord. 96-41 § 1 (part): Ord. 96-32 § 1: Ord. 95-75 § 1 (part): Ord. 93-90 § 1: prior admin. code § 2-10.17)

(Ord. No. 2024-34, § 1, 10-22-24; Ord. No. 2025-14, § 2, 2-25-25)

A domestic partnership shall exist between two persons, one of whom is an employee of the county, regardless of their gender, and each of them shall be the domestic partner of the other if they both complete, sign, and cause to be filed with the county an "affidavit of domestic partnership" (or submit to the county a notarized "declaration of domestic partnership" (State Form DP-1) filed with the California Secretary of State) attesting that the two parties:

A.

Reside together and share the common necessities of life;

B.

Are: Not married to anyone; eighteen (18) years or older; not related by blood closer than would bar marriage in the State of California; and mentally competent to consent to contract;

C.

Declare that they are each other's sole domestic partner and they are responsible for their common welfare;

D.

Agree to notify the county if there is a change of circumstances attested to the affidavit of domestic partnership;

E.

Affirm, under penalty of perjury, that the assertions in the affidavit of domestic partnership are true to the best of their knowledge.

Termination of Domestic Partnership. A member of a domestic partnership may end said relationship by filing a statement with the county. In the statement, the person filing must affirm, under penalty of perjury,

that: 1) the partnership is terminated, and 2) a copy of the termination statement was mailed to the other partner. For those who filed a State of California "Declaration of Domestic Partnership," provide the county with a copy of a notarized State of California "Notice of Termination of Domestic Partnership" (State Form DP-2) filed with the State of California.

New Statements of Domestic Partnership. No person who has filed an affidavit of domestic partnership may file another such affidavit until six months after a statement of termination of the previous partnership has been filed with the County or the State of California as described herein.

(Ord. 2003-33 § 1: Ord. 95-7 § 2: prior admin. code § 2-10.18)

(Ord. No. 2023-11, § 1, 3-21-23)

A tenured employee who has exhausted his/her sick leave balance may be eligible to receive donations of paid leave to be included in the employee's sick leave balance if he/she is serving as a bone marrow or organ donor which prevents the employee from being able to work. To ensure that no break in salary or benefits occurs for eligible employees, the county shall provide funds via the given agency/department's catastrophic sick leave pool as necessary if employee donations are insufficient to cover the leave needed.

Eligibility:

A.

The tenured employee must submit a request to his or her departmental personnel officer.

B.

A medical verification of the procedure must be provided by the recipient employee.

C.

A recipient employee is eligible to receive up to seven working days of donated time per bone marrow donation and up to thirty (30) working days of donated time per organ donation.

D.

Donations shall be made in full-day increments of 7.⅝ hours, and are irrevocable. Employees may donate amounts of time up to the limits imposed by subsection C of this section.

E.

The donor employee may donate vacation, compensatory time, or in-lieu holiday time which shall be converted to recipient employee's sick leave balance and all sick leave provisions will apply. Time donated in any pay period may be used in the following pay periods. No retroactive donations will be permitted.

F.

The donor's hourly value will be converted to the recipient's hourly value and then added to the recipient's sick leave balance on a dollar-for-dollar basis.

G.

The recipient employee's entitlement to personal disability leave will be reduced by the number of hours added to the recipient's sick leave balance.

H.

The determination of the employee's eligibility for bone marrow/organ donor leave donations shall be at the county's sole discretion and shall be final and nongrievable.

(Ord. 2005-7 § 1)