4.5 of the Labor Code, except that the employee shall be entitled to take as much of…

accumulated sick leave as when added to the employee's disability indemnity will result in a payment to the employee of not more than the employee's full salary or wage.

(d)

Any employee who is scheduled to work on a paid holiday who is absent on that holiday due to illness shall not be permitted to use sick leave but shall be deemed to have used the holiday.

(Ord. 2154; 2430; 2705; 3106)

2-5232 - PROOF OF ILLNESS.

Employees absent on account of sickness, injury, or quarantine, or for nonemergency medical or dental care, or because of death in the immediate family shall be paid only upon furnishing the department head with a doctor's certificate or other satisfactory proof as may be required by the department head that the absence was due to such cause.

(Ord. 1284)

2-5233 - SICK LEAVE ABUSE.

Upon information and after investigation and the determination of the Manager of Personnel and Employee Relations that an employee has abused the privilege of sick leave benefits, the Manager may suspend the employee's privilege of sick leave with pay for such period of time as the Manager determines necessary to deter the employee from again abusing such privilege. The determination of the Manager shall be subject to the filing of a complaint by the employee in accordance with the County's Employer-Employee Relations Policy.

(Ord. 1284; 2154; 2705)

2-5234 - VACATION TIME FOR ILLNESS.

An employee may choose to use his accrued vacation, if any, and his accumulated compensating time off, if any, if he is absent beyond the limits of his accumulated sick leave for reasons of illness, injury or quarantine, or death in the immediate family as described hereinabove.

(Ord. 1284)

2-5235 - SICK LEAVE REINSTATEMENT.

A former employee reinstated to the County service shall not be entitled to accumulated sick leave benefits unless his return to County service is a result of reinstatement after a layoff due to lack of work, lack of funds, or in the interest of economy.

(Ord. 1284)

2-5236 - Repealed by Ord. 2430. 2-5237 - REGULAR HOLIDAYS.

The following days are hereby established as regular holidays for all regular full-time employees:

(a)

January 1—New Years's Day.

(b)

The third Monday in January—Martin Luther King, Jr.'s, Birthday.

(c)

The third Monday in February—Washington's Birthday.

(d)

The last Monday in May—Memorial Day.

(e)

July 4—Independence Day.

(f)

The first Monday in September—Labor Day.

(g)

The second Monday in October—Columbus Day.

(h)

November 11—Veteran's Day.

(i)

Any November day designated as Thanksgiving Day.

(j)

December 25—Christmas Day.

(k)

All other holidays as may be proclaimed by the Governor of the State of California or the President of the United States.

When a holiday falls on a Sunday, the next day shall be deemed to be a paid holiday. Any regular full-time employee whose regularly scheduled day off falls on a regular holiday shall be entitled to eight (8) additional hours of compensatory time off. Such compensatory time off shall be scheduled at a time mutually agreeable to the employee and the department head, but in no case shall it be later than one (1) year from the date of the holiday.

(Ord. 1428; 1538; 1736; 1944; 2049; 2154; 2500; 2705; 3106)

2-5237.1 - FLOATING HOLIDAYS.

The following days are hereby established as floating holidays for all regular employees:

(a)

Each regular employee's birthday.

(b)

February 12—Lincoln's Birthday.

(c)

September 9—Admission Day.

(d)

The Friday following the day designated as Thanksgiving.

(e)

The Friday preceding any holiday in Section 2-5237 which falls on a Saturday.

Regular employees may individually, with the approval of the department head, take such holiday on the date of the holiday, on the day preceding the holiday in the case of holidays which fall on a Saturday, or the day following the holiday in the case of holidays which fall on a Sunday, or may accumulate up to five floating holidays to be used at a deferred date, such deferred date to be scheduled at a time mutually agreeable to the employee and the department head. County offices and departments shall remain open for business on any day deemed to be a holiday in accordance with this section, and employees, whose taking of such holiday is deferred as above provided, shall receive regular compensation for work performed on such holiday. Any regular full-time employee whose regularly scheduled day off falls on a floating holiday shall accrue such holiday as provided in this section.

(Ord. 2500; 2705; 3106)

2-5237.2 - HOLIDAYS—REGULAR PART-TIME EMPLOYEES.

Regular part-time employees who receive the holiday(s) off shall be paid only for the number of hours that they would have been regularly scheduled to work on such holiday. This provision shall have no effect on salary ordinance provisions for premium pay for holidays.

(Ord. 2430; 2500; 2705)

2-5238 - PREMIUM PAY FOR HOLIDAYS.

In addition to regular salary, any regular full-time employee who is required to work on any regular holiday shall have the option of being compensated for the hours worked on such holiday by: (1) cash payment at the rate of one and one-half (1-½) times such employee's hourly base salary, or (2) compensatory time off at the rate of one and one-half (1-½) hours for each hour worked. Such compensatory time off shall be scheduled at a time mutually agreeable to the employee and the department head, but in no case shall it be later than one (1) year from the date of the holiday.

(Ord. 1603; 1693; 1944; 2049; 2500; 2705)

2-5239 - PAY PERIODS.

Pursuant to Sections 28000, 28001, and 28003 of the Government Code of the State of California, salaries of all officers and of all deputies, clerks, and employees of the several departments and institutions of the County who are entitled to salary shall be paid bi-weekly. The first pay period shall begin on January 1, 1966, at 12:01 a.m. and end on January 16, 1966, at midnight. Any work shift starting before midnight of January 16, 1966, shall be construed as being within the first pay period. Payment for this period shall be on January 21, 1966. Each bi-weekly pay period of fourteen (14) consecutive calendar days after January 16, 1966, shall begin on Monday at 12:01 a.m. and end on the following second Sunday at midnight, except as provided in Section 2-5239.1. Payment for each bi-weekly pay period shall be on the Friday following the end of the previous bi-weekly pay period. If pay day falls on a holiday, the salaries shall be paid on the next preceding business day which is not a holiday.

The Auditor shall compute all deductions to be made from the salaries so that the net regular pay for each bi-weekly period shall be approximately the same.

(Ord. 1284; 2297)

2-5239.1 - CHANGES IN PAY PERIOD.

The Board of Supervisors may, by Board Order or Resolution, establish other bi-weekly pay periods for specific groups of employees, specific classes, or specific departments which begin on a day and time other than Monday at 12:01 a.m. and which end on a day and time other than Saturday at midnight. Nothing contained herein shall be construed as permitting or requiring a change in the payment for such bi-weekly pay periods from the Friday following the end of the bi-weekly pay period.

(Ord. 2297)

2-5240 - COMPUTATION OF PAY.

The computation of pay under the bi-weekly pay plan shall be as follows:

(a)

Pay for regular employees who work a full bi-weekly pay period shall be at the established bi-weekly rate.

(b)

Pay for regular employees who work less than a full bi-weekly pay period shall be paid at the hourly rate established in Section 2-5204 times the number of hours actually worked.

(c)

Pay for regular employees who work in excess of the full bi-weekly pay period, when authorized, shall first receive the bi-weekly pay for that period, then the hourly rate for the excess hours worked.

(d)

Pay for temporary employees shall be computed at the hourly rate as stated for that biweekly salary.

(Ord. 1284)

2-5241 - MAINTENANCE.

Rates for maintenance furnished including living quarters, meals, and laundry service, may be fixed by resolution by the Board. Payments therefor shall be made by payroll deduction.

(Ord. 1284)

2-5242 - OVERTIME.

If, in the judgment of a department head, work beyond an employee's normal work day or work week is required, the department head may order such work.

Except as provided herein, employees shall be eligible for overtime compensation when:

(a)

An employee whose normal work day is eight (8) hours works in excess of eight (8) hours, provided that a temporary employee, with the exception of such an employee in the Registered Nurse series, and any other temporary employee in any other class as provided in any memorandum of understanding approved by the Board of Supervisors, shall be eligible for overtime compensation when such employee works more than twelve (12) hours in a work day;

(b)

An employee works in excess of eighty (80) hours in a biweekly pay period;

(c)

An employee whose normal work week is five (5) scheduled eight-hour (8) days in a calendar week of seven (7) days works more than forty (40) hours and five (5) days in a calendar week;

(d)

An employee who, because of shift changes, works two (2) or more eight-hour (8) shifts in any twenty-four- hour (24) period is off work less than eight (8) hours between shifts. In such cases, the employee shall be compensated for the second and third shifts in the same manner as for other overtime compensation notwithstanding the requirements of subsections (b) and (c) of this section; or

(e)

An employee is required to work during a lunch period for which the employee does not ordinarily receive compensation;

(f)

Overtime exclusions: (1) Employees whose normal work week varies from the normal five (5) days in a calendar week of seven (7) days shall not be compensated for overtime except as provided in subsections (a), (b) and (d) of this section; (2) this section shall not apply to Airport Operations Deputy Personnel.

(Ord. 1387; 2049; 2239; 2705; 3106)

2-5242.1 - QUALIFICATION FOR OVERTIME COMPENSATION—ABSENCE FOR PAID HOLIDAY.

Notwithstanding the provisions of subsections (b) and (c) of Section 2-5242, employees who work less than 80 hours in a bi-weekly pay period or less than 40 hours in a calendar week of seven days by reason of absence for a paid holiday shall be deemed to qualify for overtime compensation under the provisions of