Los Angeles Municipal Code Art. 1 Vacations

Section 4.244 Definitions. 4.245 Monthly Vacation Credit – Length of Vacation. 4.245.1 Length of Vacation – Non-represented Executive and Managerial Positions. 4.246 Deductible Absences. 4.247 Computation of Years of Service. 4.248 Cash Payment upon Separation from the Service. 4.249 Cash Payment upon Granting of Military Leave Other than Temporary Military Leave. 4.250 Time for Granting Vacations. 4.251 Layoff – Inclement Weather. 4.252 Vacations for Employees Engaged in Part-time Work. 4.253 Legal Holidays. 4.254 Accumulation of Vacation Time. 4.255 Adjustment of Vacation on Effective Date of Ordinance. 4.256 Non-applicability of Article.

The words and terms defined in this section shall have the following meanings as used in this Article.

(a) “City Service” or “Service with the City” means employment in any position with the City of Los Angeles, or any of its

departments, bureaus or offices, including any department having control of its own funds.

(b) “Employee” means any person employed in City service, except those excluded by Section 4.256 of this Article, and includes

officers of the City.

(c) “Qualifying Year” for a full-time employee means the first period of 12 consecutive months of service with the City and 2,080

regular paid hours (non-overtime) either occurring within or exceeding that 12-month period after entrance or re-entrance into City service, subject to deduction for all periods as an intermittent employee, as provided in Section 4.246(4) of this Article.

A half-time employee’s qualifying year means the first period of 12 consecutive months of service during which the employee was compensated for at least 1,000 hours, subject to deduction for all periods as an intermittent employee, as provided in Section 4.246(4) of this Article.

(d) “Service Year” means each period of 12 consecutive months of employment following an employee’s entrance or re-entrance

into service with the City including any of its departments, or between any two anniversaries of such entrance or re-entrance.

(e) “Year of Service” means an aggregate period of 12 months for which a full-time employee has earned vacation credit or a half-

time employee has earned prorated vacation credit, subject to deductions for absences as provided in Section 4.246 of this Article.

(f) “Full Pay” means the amount of pay an employee would receive for the period during which the employee is away on vacation, if the employee worked the days and hours prescribed for the position. Overtime pay shall not be included in such determination.

SECTION HISTORY

Based on Ord. No. 90,365.

Amended by: Subsec. (e), Ord. No. 119,319; Subsec. (e), Ord. No. 144,206, Eff. 1-10-73; Subsec. (b), Ord. No. 149,524, Eff. 4-22-77; Subsec. (e)1A., Ord. No. 157,222, Eff. 11-3-82; Subsec. (g), Ord. No. 165,482, Eff. 2-1-90; In Entirety, Ord. No. 172,175*, Eff. 8-28-98; In Entirety, Ord. No. 181,780, Eff. 7- 19-11; Subsec. (c), Ord. No. 182,204, Eff. 8-10-12; In Entirety, Ord. No. 187,434, Eff. 3-17-22. * Editor's note: The provisions of Ord. No. 172,175 never took effect (see Sec. 8 re operative date).

In computing the accrual of monthly vacation credits, as provided herein, deduction shall be made for:

1. All uncompensated absences without leave and disciplinary suspensions.

2. That portion of absences in excess of:

   (a) An aggregate of 240 unpaid hours in any one service year, on leave for reasons personal to the employee (approved

uncompensated leaves of absence/time off).

(b) An aggregate of 720 hours of paid sick leave in any one service year.

(c) An aggregate of 720 hours cumulating all absences on paid sick leave and all unpaid absences personal to the employee in any one service year (a combination of 2(a) and (b) above).

3. All uncompensated time off in excess of 360 hours on Workers’ Compensation State Rate during any one service year.

4. All periods during any service year in which an employee is an intermittent employee as defined by Section 4.110(b) of this

Code or the applicable Memorandum of Understanding.

Provided, that in accordance with California Military and Veterans Code Section 3.95(d), no period of absence on military leave for the performance of ordered military duty shall be considered an absence for the purpose of this Article.

SECTION HISTORY

Based on Ord. No. 90,365. Amended by: Ord. No. 165,482 Eff. 2-1-90; In Entirety, Ord. No. 172,175*, Eff. 8-28-98; In Entirety, Ord. No. 181,780, Eff. 7-19-11; In Entirety, Ord. No. 187,435, Eff. 3-17-22. * Editor's note: The provisions of Ord. No. 172,175 never took effect (see Sec. 8 re operative date).

(a) In computing years of service under Section 4.245, each employee shall be credited with the qualifying year as the first year of service, and with each subsequent year of service, since the occurrence of the latest of any one of the following events:

1. Original entrance into City service.

   2. Re-entrance into City service after a layoff for lack of work, lack of funds, or abolishment of position, for a period extending

   beyond the date on which the employee’s name is removed from the reserve list under the provisions of Charter Section 1015.

   3. Re-entrance into City service after a suspension for cause in excess of six (6) months.

   4. Re-entrance into City service more than six (6) months after resignation from such service.

   5. Re-entrance into City service after discharge for cause.

(b) For the purpose of computing years of service under this Section, vacation credits shall be deemed to have accrued during any period of military service performed by an employee, the same as if such employee had remained in active City service, if the employee was entitled to reinstatement as a City employee after such military service, and was in fact so reinstated.

(c) Any employee who becomes, or heretofore became, a member of the classified service of the City under Charter Section 1021 shall be credited for vacation purposes with years of employment by the municipality or district referred to in Section 1021, the same as if such employee had been in the service of the City during the employee’s employment by such municipality or district.

(d) Any person who is or has been employed in the Fire Department of the City of Los Angeles as a sworn firefighter or any person who is or has been employed in the Police Department as a sworn police officer, who resigns or has resigned from their position to accept an appointment to a position in a class in City service other than the class of firefighter or police officer and who is not eligible for a pension under the provisions of Charter Sections 1300 et seq., 1400 et seq. or 1500 et seq., shall be credited for vacation purposes with the years of employment in the Fire Department or Police Department in the same manner as if such person had been subject to the provisions of this Article during employment as a member of the Fire Department or Police Department.

SECTION HISTORY

Based on Ord. No. 90,365. Amended by: Ord. No. 119,829; Subsec. (c) Repealed by Ord No. 155,667, Eff. 7-31-81, Oper. 7-1-81; Subsec. (e), Ord. No. 158,352, Eff. 9-23-83, Oper. 7- 1-83; In Entirely, Ord. No. 172,175*, Eff. 8-28-98; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; In Entirety, Ord. No. 181,783, Eff. 7-19-11. * Editor's note: The provisions of Ord. No. 172,175 never took effect (see Sec. 8 re operative date).

In the event any employee, after the completion of the employee’s qualifying year of service, becomes separated from the service of the city by reason of resignation, discharge, retirement or death, or for any other reason, cash payment of a sum equal to all accrued, but unused, vacation, including vacation, for the proportionate part of the service year in which the separation takes place, shall be made at the salary rate current at the date of said separation to the employee, the employee’s estate or any person legally entitled to such payment under any law of this State; provided, however, that in the case of officers of the city, or any department thereof, who serve for a term fixed by the Charter, or any other law, such vacation must be taken before the day on which such officer ceases to hold such office, and, after termination of such term in any manner, the employee shall not be entitled to vacation time, or any compensation in lieu thereof.

Notwithstanding the above provisions, the Department of Water and Power may make a cash payment to a permanently disabled employee of a sum equal to all accrued, but unused vacation, including vacation for the applicable, proportionate part of the service year in which the employee in that Department is determined to be permanently and totally disabled and eligible for disability benefits pursuant to provisions of the Department of Water and Power Employees’ Retirement, Disability and Death Benefit Plan. Said payment shall be made upon the request of the disabled employee. Payment shall be made at the salary rate current at the date the employee is determined to be permanently and totally disabled and eligible to receive disability benefits. Payment may be made to an employee who was determined to be permanently and totally disabled prior to the effective date of this Section upon request of the disabled employee. Payment may be made in the same manner to any employee of the Department of Water and Power who is absent from work for a continuous twelve month period due to an industrial injury. The salary rate used shall be that rate in effect on the first date of the continuous absence. Payment may be made to an employee who was absent due to an industrial injury for twelve or more consecutive months prior to the effective date of this section upon request of the employee.

SECTION HISTORY

Based on Ord. No. 90,365. Amended by: Ord. No. 147,176, Eff. 5-8-75; Ord. No. 152,342, Eff. 6-16-79.

In the event any employee, after the completion of the employee’s qualifying year of service, is granted a military leave under the provisions of the Military and Veterans Code of the State of California, other than a temporary military leave, cash payment of a sum equal to all accrued but unused vacation time, including vacation time accrued during the proportionate part of the service year in which such leave is granted, may be made to such employee at the salary rate current at the date of the commencement of such leave. Before any payment as

herein provided is made, such employee shall furnish to the head of the employee’s department two (2) certified copies of the employee’s orders, one copy to be filed in the department in which the employee is employed and the other with the Controller, or in lieu thereof the employee shall furnish to such appointing authority upon forms provided by the Controller certified evidence of the employee’s entry into the armed forces of the United States and the date thereof: provided, however, that presentation of the proof required under Section 4.123 of this Code may be deemed proof under this section for the same military leave. Any certification required by this section may be made by any commissioned officer of such armed forces. The Controller shall have power at any time to require such additional evidence as is satisfactory to the Controller of the entry of such employee into active service in such armed forces.

SECTION HISTORY

Based on Ord. No. 90,365. Amended by: Ord. No. 100,536.

(a) Each officer or Board or other appointing authority shall assign vacations and may establish and maintain a vacation schedule for each year, giving due regard in each case to the request of the employee, subject, however, to the right of such appointing authority to plan work under the appointing authority’s control and to approve and assign vacations when the employee can be reasonably spared; provided, that when such appointing authority notwithstanding an employee’s request, has failed or refused to assign a vacation prior to the time necessary to prevent expiration of any unused portion of accrued vacation credit, such employee may absent the themself without penalty so as to avoid losing any vacation credit. Upon the approval of such appointing authority, any accrued and credited vacation time computed pursuant to Section 4.245 may be taken in increments of less than a full vacation, but not less than one (1) day, except for the reasons set forth in Section 4.112 of this Code.

(b) Each department, office or bureau shall furnish the Controller a detailed record of vacation taken. The record shall include the name of the employee, the class, and the number of days or hours and the dates when vacation is taken. The Controller shall maintain for each department, office or bureau the balance of vacation remaining to be taken.

SECTION HISTORY

Based on Ord. No. 90,365. Amended by: Ord. No. 141,335, Eff. 1-17-71; Ord. No. 146,826 adds Subsec. (c), 12-30-74; Ord. No. 148,209, Eff. 4-9-76; Subsec. (c) Deleted, Ord. No. 173,791, Eff. 3-2-01.

Except in the first service year any employee laid off for less than fifteen (15) consecutive days, or precluded from working by inclement weather which prevents normal performance of duty followed by re-employment by the city, shall be considered to be on leave without pay for such period. This applies only for the purpose of determining vacation rights.

SECTION HISTORY

Based on Ord. No. 90,365.

(a) A half-time employee, as defined by Section 4.110(a) of this Code, is entitled to the same vacation benefits as a full-time employee; provided, however, that pay for such vacation shall be prorated on the basis of the number of hours normally scheduled to be worked in relationship to the number of hours required for full-time employment (2,080 hours) in the class of position.

(b) When a half-time employee becomes a full-time employee or when a full-time employee becomes a half-time employee and such employee is not otherwise disqualified, all accrued and accumulated vacation time for which the employee has been credited up to the date of such change of work schedule shall remain credited to the employee in the amounts so accrued and accumulated without increase or decrease because of the change of work schedule. When a full-time or half-time employee becomes an intermittent employee all accrued and accumulated vacation time for which the employee has been credited as of the date of the change of status shall, at the option of the employee, either be:

(1) compensated in cash, in a lump sum, or

(2) frozen without increase or decrease to be made available if the employee becomes full-time or half-time; provided, however, an

employee who has elected to freeze the accruals may request a lump sum cash payment at a subsequent date.

If a full-time or half-time employee becomes an intermittent employee prior to completing a qualifying year, and returns to full-time or half-

time status without break in service, all time previously served as a full or half-time employee shall be credited toward the qualifying year. Time served as an intermittent employee shall not be credited toward such qualifying year.

(c) Intermittent employees as defined by Section 4.110(b) of this Code shall not be entitled to accrue or use vacation benefits, except, however, any employee who prior to the effective date of this ordinance had qualified for vacation benefits shall be entitled to continue to accrue and use such benefits, as long as such employee does not have a break in service.

SECTION HISTORY

Based on Ord. 90,365. Amended by: Ord. No. 141,335, Eff. 1-17-71; Title and Section, Ord. No. 165,482, Eff. 2-1-90; Subsec. (a), Ord. No. 187,437, Eff. 3-17-22.

When a legal holiday falls on a regular working day within a vacation period, the legal holiday shall not be included in the computation of such vacation, but the employee shall be granted additional day’s vacation with full pay equal to the number of such holidays.

SECTION HISTORY

Based on Ord. No. 90,365. Amended by: Ord. No. 158,352, Eff. 9-23-83, Oper. 7-1-83.

Upon the approval of the appointing authority, employees may be permitted to accumulate vacation time not to exceed two (2) annual vacation periods, and no vacation hours shall be permitted to accrue in excess of the maximum two (2) annual vacation periods. Effective September 1, 2019, the maximum accumulated vacation time for non- represented employees shall increase from two (2) to three (3) annual vacation periods.

SECTION HISTORY

Based on Ord. No. 90,365. Amended by: Title and Section, Ord. No. 184,263, Eff. 5-5-16; Ord. No. 186,344, Eff. 11-3-19.

Upon July 1, 1965, each employee of the City shall be credited with the number of the employee’s years of service computed, under this article, as amended, and shall retain their vacation credits which have accrued prior to such date, and for each of the twelve (12) months preceding July 1, 1965, each such employee shall be credited with that portion of the vacation credits under Section 4.245 hereof, in excess of those credits already accrued as to such period to which the employee shall have been entitled had the provisions of Section 4.245 been in effect during such preceding twelve (12) months. Other than as provided in this section, no additional vacation credit shall accrue or be credited for periods of service of any employee prior to July 1, 1965.

SECTION HISTORY

Based on Ord. No. 90,365. Amended by: Ord. No. 129,656.

Except as provided in Subsection (e) of Section 4.247, and Subsection (d) of Section 4.172, none of the provisions of this article shall apply to any person employed in the Fire Department of the City of Los Angeles who has been duly and regularly appointed under civil service rules and regulations to perform the duties of a regular firefighter, or to any person employed in the Police Department of the City of Los Angeles who has been appointed under civil service rules and regulations and sworn in as provided by law to perform the duties of a regular police officer.

None of the provisions of this article shall apply to persons who are workers, mechanics or craft workers (including forepersons) employed exclusively as such on the construction of public works, improvements or buildings who occupy positions exempt from the provisions of Article X of the Charter of the City of Los Angeles pursuant to Section 1001 thereof and on account of whom the City makes contributions to any union, person or entity which provides vacation benefits for said person.

SECTION HISTORY

Based on Ord. No. 90,356. Amended by: Ord. No. 138,084; Ord. No. 138,460, Eff. 4-7-69; Para. 2 added by Ord. No. 149,523, Eff. 4-22-77; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1- 00; In Entirety, Ord. No. 185,366, Eff. 12-27-17.