San Francisco County Municipal Code Art. II Vacations

Sec. 16.10. Definitions. Sec. 16.11. Calculation of Vacations. Sec. 16.12. Award and Accrual of Vacation. Sec. 16.13. Effect of Separation Upon Vacation. Sec. 16.14. Vacation Schedules. Sec. 16.15. Use of Partial Vacation to Supplement Disability Leave. Sec. 16.16. Vacation Charges Between Departments. Sec. 16.17. Paid Administrative Leave.

(a) "Continuous service" for vacation allowance purposes means paid service pursuant to a regular work schedule which is not interrupted by a breach in service and shall include periods of unpaid furlough in accordance with a Civil Service Rule governing voluntary and involuntary furloughs. (b) "Employee" means "Every person employed in the City and County service" which, as used in Charter Section 8.440 includes the classified employees of the City and County of San Francisco as provided in Section 3.661 of the Charter and classified personnel of the San Francisco Unified School District and Community College District, and officers, other than elected officers. (c) "Irregular work schedule" means a work schedule for which the frequency and length is determined solely by the immediate or imminent needs of the service and which is subject to change at any time. Service in an irregular schedule does not constitute continuous service for vacation purposes. (d) "Maximum vacation entitlement" means the maximum vacation allowance an employee may earn in any 12 month period. The amount is based on years of continuous service as follows:

Years of Continuous Service Maximum Vacation Entitlement

1 through 5 years 80 hours more than 5 through 15 years 120 hours more than 15 years 160 hours

(e) "Paid service" means service in paid status with the City and County of San Francisco, the San Francisco Unified School District or the Community College District, as applicable, and includes hours paid as sick leave, vacation, compensatory time-off and overtime for employees who are eligible for overtime pay under the administrative provisions of the Annual Salary Standardization Ordinance. (f) "Regular work schedule" means a work schedule consisting of a pre-determined and fixed number of hours to be worked on a routine basis and includes an authorized flex-time schedule. (g) "Temporary disability" means temporary disability pursuant to the Worker's Compensation or State Disability Laws of the State of California or the industrial disability provisions of Charter Sections 8.515 or 8.516. (h) "Vacation allowance" means the leave with pay for vacation purposes which an employee accrues or is awarded under the terms of this ordinance. (i) "Vacation with pay" means the compensation the employee would have earned during the vacation period if the employee had worked during the same period, without the inclusion of overtime earnings or special pay. (j) "Unpaid furlough" means voluntary or involuntary time off without pay imposed or approved in accordance with a Civil Service Rule governing unpaid furloughs in response to a projected budgetary shortfall. (Amended by Ord. 182-85, App. 4/12/85; amended by Ord. 54-93, App. 3/4/93)

(a) No employee is entitled to a vacation allowance until the employee has completed one year of continuous service. (b) For purposes of determining the vacation allowance the anniversary date for an employee shall be the first date of employment in the current period of continuous service. (c) Continuous service shall not be deemed to have been breached: (1) By an employee because of absence from service due to duly authorized leave; or (2) By a permanent employee laid off due to lack of work or funds, provided the employee is reappointed to a position in the service with a regular work schedule within five years of lay-off; or (3) By a permanent school term employee because of a period when schools are not normally in session; or (4) By a permanent employee who resigns in good standing and is reappointed to a position in the service with a regular work schedule within six months from the effective date of resignation; or (5) By a temporary or provisional (noncivil service or limited tenure) employee who has completed one year of continuous service and resigns in good standing or is laid off and is reappointed to a position in the service with a regular work schedule within six months from the effective date of resignation or layoff; or (6) By an employee who has resigned from a position with services certified as other than satisfactory by the appointing officer if the employee is granted reappointment rights by the Civil Service Commission and is reappointed to a position in the service with a regular work schedule within six months from the effective date of resignation; (7) By a period of voluntary or involuntary furlough without pay imposed or approved in accordance with a Civil Service Rule governing unpaid furloughs in response to a projected budgetary shortfall. (d) Without regard to any other provisions in this Section, no vacation allowance is earned for paid service in an irregular work schedule. (e) An employee who has completed one year of continuous service shall accrue vacation allowance at the rate of .0385 of an hour for each hour of qualifying service. An employee who has completed five years of continuous service shall accrue thereafter a vacation allowance at a rate of .0577 of an hour for each hour of paid service. An employee who has completed 15 years of continuous service shall accrue a vacation allowance a rate of .077 of an hour for each hour of paid service. (f) No employee shall be credited with more than 2080 hours of paid service in any 12 month period for purposes of computing the vacation allowance. (g) The vacation allowance for an employee receiving temporary disability benefits shall be computed on the basis of the number of hours in the employee's regular work schedule; provided, however, that an employee not supplementing State Disability Insurance payments with earnings from paid service will not accrue a vacation allowance during the period of disability. An employee who has

received a permanent disability award and who does not return to employment because of such disability is not entitled to accrue a vacation allowance. (h) For members of the uniformed force of the Fire Department, the factors for earning vacation allowance, the maximum number of hours credited for vacation allowance purposes and the maximum number of vacation hours an employee may accrue shall be administered in a manner consistent with the intent of this ordinance and approved by the General Manager, Personnel. In addition, if necessary because of minimum daily staffing requirements and the financial and scheduling problems created in bringing the uniformed force into conformity with Section 16.12(e) and (f), the Fire Department may establish an alternative schedule or other means for decreasing in an equitable manner the maximum accrual of vacation allowance to an amount consistent with that permitted other City employees under Section 16.12(e) no later than December 31, 1989. If the Fire Department establishes an alternative schedule, it may not permit a member of the uniformed force to accrue vacation days or hours in excess of the following:

Years of Continuous Service Maximum Accrual 1 through 5 years 50 days or 400 hours more than 5 years through 15 years 60 days or 480 hours more than 15 years 70 days or 560 hours

(i) Any dispute over whether an employee is assigned to a regular or an irregular work schedule shall be finally decided by the Civil Service Commission. (Amended by Ord. 182-85, App. 4/12/85; Ord. 54-93, App. 3/4/93)

(a) Beginning with the first full pay period after the effective date of this ordinance, an employee shall be awarded the employee's vacation allowance on the first day of the pay period following the pay period in which the allowance is accrued. (b) An employee does not accrue vacation allowance in the first year of continuous service, however, at the end of one year of continuous service, an employee shall be awarded a vacation allowance computed at the rate of .0385 of an hour for each hour of paid service in the preceding year. (c) At the end of five years of continuous service, an employee shall be awarded a one-time vacation allowance computed at the rate of .01924 of an hour for each hour of paid service in the preceding year except that the amount of the vacation allowance shall not exceed 40 hours. (d) At the end of fifteen years of continuous service, an employee shall be awarded a one-time vacation allowance computed at the rate of .01924 of an hour for each hour of paid service in the preceding year except that the amount of the vacation allowance shall not exceed 40 hours. (e) The maximum number of vacation hours an employee may accrue consists of 240 hours carried forward from prior years plus the employee's maximum vacation entitlement which is based on the number of years of service. The maximum number of vacation hours which an employee may accrue is as follows:

Years of Continuous Service Maximum Accrual 1 through 5 years 320 hours more than 5 through 15 years 360 hours more than 15 years 400 hours

(f) On the first day of the second pay period following the effective date of this ordinance, employees shall be awarded any vacation allowance accrued between January 1, 1985, and the first day of the second pay period following the effective date of this ordinance. In order to prevent employees from unfairly losing accrued vacation allowance in the transition from an award date of January 1st of each year, the limitation on the number of vacation hours an employee may accrue as set forth in Subsection 16.12(e) shall not apply between the effective date of this ordinance and January 9, 1987. Vacation allowance hours in excess of those set forth in Section 16.12(e) will be lost if not used before January 9, 1987.

(Amended by Ord. 97-86, App. 3/27/86)

An employee in the final year of service may with the approval of the appointing officer elect to receive a cash payment in lieu of vacation due at the time of separation, provided that the appointment and payment of a replacement for the period of time representing such cash payment in lieu of vacation is not required. In lieu of such cash payment an employee who separates from City and County service and who without interruption in service is appointed to any governmental agency whose employees are eligible for membership in the San Francisco City and County Retirement System may elect to transfer such accumulated vacation to such agency if the agency rule or regulation permits the crediting of such accumulated vacation. (Amended by Ord. 182-85, App. 4/12/85)

(a) Appointing officers are responsible for approving vacation schedules. In approving vacation schedules, the appointing officers shall give due regard to employee seniority and preference and the needs of the service. Unless an emergency situation exists requiring the immediate presence of an employee, an employee shall be allowed to begin a vacation on the day immediately following the employee's normal day off. (b) With the approval of the appointing officer, an employee's vacation allowance may be taken in increments of not less than one hour. (c) Except as requested by the employee to supplement disability benefits, the vacation allowance of an employee, who has started a vacation and who suffers a nonindustrial injury or illness or a recurrence of an industrial injury or illness during such vacation and who is entitled to and receives temporary disability benefits, shall not be charged for periods in which the employee receives disability benefits. (d) Every department shall maintain records which shall include, in addition to all other information required by the Civil Service Commission and Controller, the employee's accrued vacation allowance. When an employee accepts a permanent appointment to another department, the employee's vacation and sick leave records shall be transferred by the first department to the second department. Ninety calendar days after an automated payroll/personnel data system is fully implemented in a department, and, upon approval of the General Manager, Personnel, and the Controller, the maintenance of such records by the department shall no longer be required. All records shall, however, continue to be preserved according to present statutory requirements. (Amended by Ord. 182-85, App. 4/12/85)

An employee who is absent from duty because of temporary disability may use his or her vacation allowance to supplement disability benefits; provided, that when the vacation allowance payment is added to the disability benefits payable under the Workers' Compensation or State Disability Insurance Laws, the employee's bi-weekly payment will not exceed the normal salary of the employee for the regular work schedule effective at the commencement of the disability. An employee desiring to use his or her vacation allowance to supplement State Disability Insurance benefits shall, within seven calendar days following the first day of absence, and on a form provided by the Civil Service Commission, so inform his or her appointing officer or designated representative. Notwithstanding the foregoing, an employee receiving temporary workers' compensation disability benefits may accrue vacation hours in excess of the maximum accrual permitted pursuant to Section 16.12(e). Upon the cessation of the employee's receipt of temporary disability benefits the employee shall receive a cash payment for any vacation hours accrued in excess of the number the employee was permitted to accrue pursuant to Section 16.12(e). (Amended by Ord. 182-85, App. 4/12/85)

The Controller shall establish procedures for the method of payment of salaries to employees entitled to vacation from service in two or more departments of the City and County.

(Added by Ord. 316-81, App. 6/19/81)

(a) Appointing Officers, as defined in Administrative Code Section 2A.30, in the City and County of San Francisco are authorized, but not required, to place any City employee in their department on paid administrative leave under the following circumstances: (1) When the City has initiated an investigation relating to an employee's conduct, and the Appointing Officer determines that the employee should be placed on leave during some or all of the investigation in order to protect the legitimate interests of the City, including but not limited to, potential interference with the effectiveness of the investigation, or potential harm to employees, to the public interest or to the operation of the City, for a period of time beginning not earlier than the start of the investigation and ending not later than the date the investigation is completed, subject to a maximum of thirty (30) calendar days; (2) When the City requires an employee to submit to drug and/or alcohol testing pursuant to the terms of a City or departmental policy, a Memorandum of Understanding between the City and a recognized employee organization, or local, state or federal law, for the period of time between the date the City directs the employee to submit to such testing until the employee refuses such testing or the testing is completed and the City is advised of the results of the testing, subject to a maximum of thirty (30) calendar days; (3) When the City medically removes an employee pursuant to standards set forth by the California Occupational Safety and Health Administration in Title 8 of the California Code of Regulations; (4) When the City requires an employee to undergo a fitness for duty examination pursuant to Civil Service Rules 116, 216, 316, 416, or any similar successor rules, for up to the period of time from the date the City directs the employee to undergo a fitness for duty examination until: (i) the date the examination is completed and the City is notified by the examining physician whether the employee is fit for duty; or (ii) the date the employee refuses examination. Paid administrative leave under this subsection is subject to a maximum of thirty (30) calendar days. In the event that the examining physician does not notify the City that the employee is fit for duty on the day of the examination, the Appointing Officer shall place the employee on compulsory sick leave pursuant to the Civil Service Rules starting on the business day following the examination. Should the examining physician thereafter declare the employee fit for duty, the City shall restore any sick leave deducted between the date of the examination and the date the City is so notified or, in the event the employee has no accrued sick leave, any lost compensation for the same period. (b) While an employee is on paid administrative leave the employee shall receive the compensation he or she would have earned if the employee had worked during the same period, without the inclusion of overtime earnings or special pay. (c) The Appointing Officer shall have the discretion to remove an employee from paid administrative leave at any time during the period of paid administrative leave. (d) Subject to the prior written approval of the Director of the Department of Human Resources, the Appointing Officer may extend paid administrative leave one (l) time consistent with this Section for no more than an additional thirty (30) calendar days. For Service Critical Employees employed by the Municipal Transportation Agency, the Director of the Municipal Transportation Agency may extend paid administrative leave one (1) time consistent with this Section for no more than an additional thirty (30) calendar days. Under no circumstances may an employee be on paid administrative leave for more than sixty (60) calendar days relating to the same incident. (e) The City's ability to place employees on paid administrative leave under this section is in addition to, not in lieu of, its right to place employees on unpaid administrative leave under Charter Section A8.341, or any similar successor Charter Section. The City may elect to place an employee on paid or unpaid administrative leave as permitted under this Section or under Charter Section A8.341. Further, the City may place an employee on paid administrative leave either before or after the employee is placed on unpaid administrative leave. (f) Nothing herein shall limit or prohibit compliance with the regulations of the California Occupational Safety and Health Administration in Title 8 of the California Code of Regulations. (Added by Ord. 174-11, File No. 110622, App. 9/12/2011, Eff. 10/12/2011)