Los Angeles County Municipal Code Ch. 6.12 Working Hours, Working Week and Holidays

A.

Eight-hour Day. Eight hours shall constitute a day's work for all persons employed by the county unless otherwise provided by the department rules adopted by the board, by specific orders of the board, or by this Title 6 of the Los Angeles County Code.

B.

Rest Periods. All persons in the county service who are doing continuous, routine, repetitive tasks, other than mechanics and those engaged in manual labor, shall be entitled to midmorning and midafternoon rest periods of 15 minutes each, respectively.

(Ord. 6222 Ch. 1 Art. 7 § 110, 1953.)

A.

Five-Day Week. All persons employed by the county shall work on a five-day-per-week basis, except as follows:

Where the chief administrative officer finds that a five-day workweek is impracticable, he may authorize work on a 40-hour- week basis in more or less than five days. Such change in the number of workdays shall not alter the basis for nor entitlement to receive the same rights and privileges as provided all five-day, 40-hour employees;

In case of extraordinary emergency, the board may authorize more than five days in any one calendar week;

Whenever in Section 6.28.050 the number of hours for a position is specified following the title of a position, that number shall be the basic number of hours per week for the position;

Persons employed in departments which are required to operate on a seven-day-week basis may work a maximum of 40, 44 or 48 hours in less than the five, five and one-half or six working days of the seven-day week, but without time off for overtime by reason thereof. Such changes in the number of workdays shall not alter the basis for nor entitlement to receive the same rights and privileges as provided all five-day, 40-hour employees;

As provided elsewhere in Title 6.

B.

Overtime Work. Except as provided by Section 6.15.040, a department head may require any person in his department to work for more than five days per week or for more than the regular number of hours in an assigned workday or week when public necessity or convenience requires such work.

C.

Persons on Daily, Hourly or Part-Time Basis. The provisions of this Chapter 6.12 relating to the five-day workweek shall not apply to any person employed upon a daily, hourly or part-time basis.

D.

When determined to be necessary and when ordered to do so by the department head, persons employed in the following training positions shall work more than a basic 40 hours in any one calendar week without compensation or time off for such overtime worked:

E.

56-Hour-per-Week Personnel. A 56-hour-week employee may be detailed to work on a 40-hour-week basis, and a 40-hour- week employee may be detailed to work on a 56-hour-week basis when, in the opinion of the department head, such action becomes necessary for the best interest of the department. When such detail is temporary, the employee's rights and benefits shall be based on his regular workweek.

F.

36-Hour-per-Week. A 36-hour work week is defined as a 9/10 schedule. Each 36-hour work week shall include at least one weekend day (starting at 7:00 pm Friday and ending at 7:30 am Monday). For purposes of work schedules, the normal 36-

hour work week shall be three (3) 12-hour shifts. Each 12-hour shift shall include three (3) 15-minute rest periods according to the needs of the work unit and a meal break of at least 30 minutes. FLSA overtime shall be computed upon completion of the 40 th hour of work in a work week consisting of seven consecutive days (168 hours).

(Ord. 2005-0019 § 13, 2005; Ord. 6222 Ch. 1 Art. 7 § 111, 1953.)

In the event of a disaster emergency as defined by Section 2.68.050 of this code and the Emergency Ordinance, Ordinance 10493, that prevents employees from reporting to their positions, the chief administrative officer may grant a leave of absence with pay to such employees, subject to ratification by the board. In the event of such an emergency, the chief administrative officer may authorize the employment of additional resolution personnel, such action to be ratified by the board.

(Ord. 6222 Ch. 1 Art. 7 § 112, 1953.)

A.

Holidays are defined as follows:

B.

If January 1st, June 19th, July 4th, November 11th, or December 25th falls upon a Saturday, the preceding Friday is a holiday. If January 1st, June 19th, July 4th, November 11th, or December 25th falls upon a Sunday, the following Monday is a holiday.

(Ord. 2021-0057 § 8, 2021; Ord. 2018-0031 § 13, 2018; Ord. 2018-0014 § 1, 2018; Ord. 2015-0063 § 28, 2015; Ord. 96-0003 § 2, 1996.)

Any employee who is employed on a monthly basis pursuant to subsection B of Section 6.28.020 shall, when approved by the board, be entitled to paid leave for holidays as defined by Section 6.12.040 of this chapter, as follows:

A.

40-Hour-per-Week Employees.

Any nonshift employee shall be allowed eight hours of paid holiday leave on each said holiday.

Any shift employee, as defined by Section 6.04.110, shall accumulate eight hours of holiday leave for each said holiday which leave may be taken off at a later date, subject to prior approval by such employee's department head. This section and Section 6.12.040 are provided with the intent of assuring equal time off for holidays for all 40-hour employees.

B.

Part-Time Employees. Any part-time non-shift or shift employee employed on a monthly basis shall be allowed paid leave for each said holiday in the manner set forth in this section and Section 6.12.040, but in an amount equal to the Item sub fractional amount, as defined by Section 6.28.020.

C.

56-Hour-per-Week Employees. Any employee who is employed on a 56-hour-per-week basis shall be allowed to accumulate 12 hours of paid holiday leave for each said holiday which leave may be taken off at a later date, subject to prior approval of such employee's department head.

D.

Whenever any employee is unable to take such time off, as provided by this section and Section 6.12.040 within two years from the date of the accrual, such time may be paid at the employee's workday rate of pay at the discretion of the department head.

E.

Notwithstanding the provisions of subsections A and B of this section, any employee who has accrued holiday leave on the basis of his employment on a 40-hour-per-week position, or part-time position, and who is reassigned to a 56-hour-per-week position before he is allowed to take such time off shall have the total of all such time adjusted to equal that amount of holiday time that such employee would have earned had such employment been on a 56-hour-per-week basis. Conversely, notwithstanding the provisions of subsection C of this section, any employee who has accrued holiday leave on the basis of his employment on a 56-hour-per-week position, and who is reassigned to a 40-hour-per-week position, or part-time position, before he is allowed to take such time off shall have the total of all such time adjusted to equal that amount of holiday time that such employee would have earned had such employment been on a 40-hour-per-week basis.

F.

Any person about to leave the service of the county shall be allowed a leave of absence of accumulated holiday time which has not been taken, calculated according to the provisions of this section. Cash payment, as provided in Section 6.24.040, may be made in lieu of carrying such person on the payroll for the leave-of-absence period. Such payment shall be at the workday rate of pay in effect on the employee's final day of county service.

G.

Notwithstanding any other provision of this section and Section 6.12.040, if a holiday is a fraction of eight hours, the amount of paid holiday leave which an employee shall be allowed shall be that same fraction of the paid holiday leave which he would be allowed for a full eight-hour holiday pursuant to subsection A or B of this section, or that same fraction of the paid holiday leave which he would be allowed for a full 12-hour holiday pursuant to subsection C of this section, whichever is applicable.

H.

Where specifically approved by the Board of Supervisors, safety fire fighting employees employed in the Fire Department shall be compensated for accumulated holiday time as follows:

A 56-hour safety fire fighting employee employed in the Fire Department who, as of December 31, 2005, has in excess of 396 hours of accumulated holiday leave and a 40-hour safety fire fighting employee employed in the Fire Department who, as of said date, has in excess of 264 hours of accumulated holiday leave shall not be paid for such time prior to termination from County service. Such accumulated holiday leave shall remain available for the employee's use subject to prior approval of the employee's department head. Upon termination from County service, any such remaining time shall be paid off at the workday rate of pay in effect on the employee's final day of County service;

Commencing December 31, 2005 and continuing on each December 31st thereafter, each safety fire fighting employee employed in the Fire Department shall be compensated for accumulated holiday leave in excess of 264 hours in the case of 56-hour employees or 176 hours in the case of 40-hour employees. Such excess holiday leave shall be paid at the employee's workday rate of pay in effect on the last day of the calendar year.

I.

Where specifically approved by the Board of Supervisors, full-time permanent, safety lifeguard employees employed in the Fire Department or in the department of parks and recreation shall be compensated for accumulated holiday time as follows:

A 40-hour permanent safety lifeguard employee who, as of December 31, 2005, has in excess of 264 hours of accumulated holiday leave shall not be paid for such time prior to termination from County service. Such accumulated holiday leave shall remain available for the employee's use subject to prior approval of the employee's department head. Upon termination from County service, any such remaining time shall be paid off at the workday rate of pay in effect on the employee's final day of County service;

Commencing December 31, 2005, and continuing each December 31 st thereafter, each 40-hour permanent safety lifeguard employee shall be compensated for accumulated holiday leave in excess of 176 hours. Such excess holiday leave shall be paid at the employee's workday rate of pay in effect on the last day of the calendar year.

(Ord. 2005-0057 § 2, 2005; Ord. 2005-0038 § 3, 2005; Ord. 2005-0019 § 14, 2005; Ord. 6222 Ch. 1 Art. 7 § 120(2), 1953.)

A.

Eligibility. Employees holding temporary or recurrent positions during part or all of calendar years 2003, 2004, 2005 and/or 2006 who are employed in classifications approved by the board shall be eligible for paid leave pursuant to the provisions of this section. For purposes of this section, a "temporary or recurrent position" is any position designated as an hourly as- needed item ("F" item) or an hourly recurrent item ("H" item) pursuant to Section 6.28.020.

B.

Earning and Accrual of Paid Leave. An eligible employee shall earn paid leave to a maximum of 24 hours per calendar year based on the total number of days worked during the year of eligibility, as shown below. For this purpose, at least one hour of work per day shall constitute one day of work; provided, however, that no employee shall receive credit for days worked

during any period when the employee was not exclusively employed in an eligible temporary position or any period which does not fall within calendar years 2003, 2004, 2005 and/or 2006.

Paid leave as shown above shall be credited to the employee on January 1st following the year in which it is earned.

C.

Use of Leave. Paid leave, in increments of eight (8) hours only, may be taken off, subject to prior approval of the appointing authority, or paid at the employee's request during the calendar year in which it was credited to the employee, and shall not be carried over to any subsequent year.

D.

Pay for Unused Leave. Unused credited leave shall be paid under any one or more of the following conditions:

At the employee's request;

At the end of the calendar year in which it was credited to the employee;

At the employee's termination from county service.

Pay for unused leave shall be at the employee's workday rate in effect at the time of payment.

E.

This section shall not apply to anyone employed on any of the following items:

Additionally, this section shall not apply to anyone reinstated pursuant to Civil Service Rule 17.01B.

F.

Termination of Special Paid Leave. Special Paid Leave will cease as of June 30, 2015. Employees may be paid for accrued leave days in July 2015, or be paid at the end of the calendar year 2015.

(Ord. 2015-0026 § 3, 2015; Ord. 2005-0026 § 2, 2005; Ord. 2004-0001 § 42, 2004; Ord. 2001-0003 § 1, 2001; Ord. 96-0032 § 4, 1996; Ord. 96-0003 § 4, 1996; Ord. 92-0066 § 1, 1992; Ord. 92-0049 § 1, 1992; Ord. 92-0034 § 6, 1992; Ord. 92-0007 § 4, 1992; Ord. 90-0029 § 2, 1990; Ord. 88-0186 § 2, 1988; Ord. 88-0086 § 2, 1988; Ord. 87-0222 § 9, 1987; Ord. 86-0017 § 1(b), 1986.)

A.

Sick Personal Leave (Payable).

Eligibility. Employees holding temporary or recurrent positions who are employed in classifications approved by the Board shall be eligible for Sick Personal Leave (Payable) pursuant to the provisions of this section. For purposes of this section, a "temporary or recurrent position" is any position designated as an hourly as-needed item ("F" item) or an hourly recurrent item ("H" item) pursuant to Section 6.28.020.

Earning and Accrual of Sick Personal Leave. An eligible employee shall earn Sick Personal Leave (Payable) to a maximum of eighty (80) hours based on the accrual rate of one (1) hour of Sick Personal Leave for every thirty (30) hours worked. Sick Personal Leave (Payable) shall be credited to the employee on a per pay period basis. Sick Personal Leave (Payable) is defined as payable upon termination of employment and hours may be paid in lieu of carrying over such hours to the subsequent year.

Use of Sick Personal Leave (Payable). Fourty (40) hours of accrued Sick Personal Leave (Payable) may be taken off per calendar year, subject to prior approval from Management during the calendar year in which it was credited to the employee or thereafter for personal reasons pursuant to County Code Section 6.20.030 A(2). Sick Personal Leave (Payable) may also be taken for the purpose of attending to the employee's own health care and health care of family members as defined in Section 6.20.080, Bereavement Leave in the County Code, as well as what is defined in California Labor Code Section 245.5 (which includes adopted or foster children, stepchildren, legal wards or children to whom the employee stands in loco parentis, a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child). Departmental requirements for prior approval will be applied only to the extent practicable.

Pay for Unused Sick Personal (Payable). An employee may, at his/her option, be paid for up to three (3) Sick Personal Leave (Payable) days, which total twenty-four (24) hours, in lieu of carrying over such days, if the employee uses no Sick Personal Leave (Payable) for any reason. Sick Personal Leave (Payable) shall be paid at the employee's workday rate of pay in effect at the time of payment. The remaining balance of days or the full balance of days may be carried over to the following year.

B.

Sick Personal Leave (Non-Payable).

Eligibility. Any employee who does not earn either sick leave, nonelective leave, or special paid leave, which includes an employee who is employed exclusively on a per clinic, consultation or visit ("G" item) or per session ("J" item), or part-time as

defined by 1/5 time ("P" item), 1/4 time ("Q" item), 5/16 time ("R" item), 1/3 time ("S" item), or 2/5 time ("T" item) basis shall be eligible for Sick Personal Leave (Non-Payable).

Earning and Accrual of Sick Personal Leave. An eligible employee shall earn Sick Personal Leave (Non-Payable) to a maximum of eighty (80) hours based on the accrual rate of one (1) hour of Sick Personal Leave for every thirty (30) hours worked. Sick Personal Leave (Non-Payable) shall be credited to the employee on a per pay period basis. Sick Personal Leave (Non-Payable) may be carried over to any subsequent year. Sick Personal Leave (Non-Payable) is defined as not payable upon termination of employment and hours may not be paid in lieu of carrying over such hours to the subsequent year.

Use of Sick Personal Leave (Non-Payable). Fourty (40) hours of accrued Sick Personal leave (Non-Payable) may be taken off per calendar year, subject to prior approval of Management during the calendar year in which it was credited to the employee or thereafter for personal reasons pursuant to County Code Section 6.20.030 A(2). Sick Personal Leave (Non-Payable) may also be taken for the purpose of attending to the employee's own health care and health care of family members as defined in County Code Section 6.20.080, Bereavement Leave in the County Code, as well as what is defined in California Labor Code Section 245.5 (which includes adopted or foster children, stepchildren, legal wards or children to whom the employee stands in loco parentis, or a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child). Departmental requirements for prior approval will be applied only to the extent practicable.

(Ord. 2024-0044 § 2, 2024; Ord. 2015-0063 § 29, 2015; Ord. 2015-0026 § 4, 2015.)