San Luis Obispo County Municipal Code Ch. 2.44 Employment Terms

Effective April 15, 1986, this chapter shall apply to govern employment terms, unless superseded by inconsistent provisions of the Fair Labor Standards Act of 1938 as amended.

(Ord. 2252 § 1, 1986)

All appointments to positions in the classified service shall be made pursuant to Chapter 2.40 of this code. Other employees shall be appointed, under the provisions of this title, by the department head subject to approval by the human resources director, and shall hold office at the pleasure of such appointing power.

(Ord. 1491 § 2 (part), 1975; Ord. 1189 § 1, 1971: Ord. 552 § 2 (part), 1961: prior code § 2-030)

(Ord. No. 3396, § 1, 9-17-19)

Editor's note— Per Ord. No. 3396, § 1, adopted September 17, 2019, and at the direction of the city, instances of personnel director have been changed to human resources director thoughout the code.

An employee who is transferred from one position to another in the same class or to another class having the same range, shall be compensated at the same step as he previously was on, and shall maintain the same anniversary date.

(Ord. 552 § 2 (part), 1961: prior code § 2-030.1)

Unless otherwise provided by a memorandum of understanding approved by the board of supervisors or by board of supervisors resolution:

(1) "Overtime" is defined by the Federal Labor Standards Act (FLSA) and means the time spent in the performance of work ordered or authorized by an appointing authority or designate which is in excess of forty hours worked in any workweek, unless the employee is working in a classification eligible for FLSA's 7k exemption.

(2) Overtime is not earned for the additional hour in connection with the changeover from daylight savings to standard time. Conversely, time is accounted as standard for the hour when standard time changes to daylight savings time.

(3) Employees in job classes as specified by a memorandum of understanding approved by the board of supervisors or by board of supervisors resolution shall be eligible for overtime and shall receive either compensating time off or pay calculated at time and one-half for all authorized paid time in excess of forty hours in any workweek. The determination as to whether overtime shall be paid or compensating time off shall be granted is at the sole discretion of the department head. For purposes of employees in the trades, crafts, and services unit of representation, the following shall apply:

The determination as to whether overtime shall be paid or compensating time off shall be granted shall be made prior to assignment of overtime work and shall be at the request of the employee with the approval of the authority. In cases of a dispute the final determination shall be made by the appointing authority. Nothing in this chapter shall be deemed to preclude the board of supervisors or individual appointing authorities from establishing reasonable guidelines to be followed by employees when electing compensating time off or pay.

(4) Employees may accumulate up to a maximum of one hundred twenty hours of compensatory time off for eighty hours worked.

When an employee has accumulated the maximum allowable compensatory time, any overtime worked thereafter will be paid at the rate of time and one-half. Compensatory time will not be lost if not used in the year it was earned. At the time of separation from county service, unused compensatory time off shall be paid off at the straight-time rate.

Management will not unreasonably deny proper employee requests for use of compensatory time off.

(5) Use of earned compensating time off must be approved in advance by the appointing authority or designate and shall be counted as time worked for payroll purposes and benefits calculation.

(6) For the purpose of payroll computation and determining hours worked on holidays, all continuous hours worked beginning at commencement of the regular shift and continuing for the period of twenty-four hours thereafter shall be deemed hours worked for the calendar day when the shift commenced.

(7) Notwithstanding any other provisions of this code, unless provided in a memorandum of understanding or board of supervisor's resolution, employees in job classes who have not been specified as eligible for receipt of overtime or compensatory time off, as provided by subsection (3) or as provided in this section, shall not be subject to defined working hours.

(Ord. 2318 §§ 1, 2, 1987; Ord. 2207 § 1, 1985; Ord. 2202 § 1, 1984: Ord. 2154 § 1, 1983; Ord. 2147 § 1, 1983; Ord. 2108 § 1, 1982; Ord. 2104 § 2, 1982; Ord. 2072 § 2, 1981: Ord. 2035 § 1, 1980: Ord. 1819 § 1, 1977: Ord. 1410 § 1, 1974; Ord. 1297 § 1, 1973; Ord. 1238 § 1, 1974: Ord. 1189 § 2, 1971: Ord. 1028 § 1, 1969: Ord. 902 § 1, 1967: Ord. 757 § 1 (part), 1964: Ord. 656 § 3, 1963: Ord. 552 § 2 (part), 1961: prior code § 2-031)

(Ord. No. 3567, § 1, 1-6-26)

(a) An employee with permanent status, or with the right to return to such status, may be granted a leave of absence without pay. Requests for leave of absence for twenty working days or less shall be in writing and shall require approval of the department head and notice shall be given to the human resources director if approval is granted. All requests for leave of absence in excess of twenty working days shall be in writing and shall require the approval of the department head and the human resources director. The human resources director shall have the authority to extend the period of leave of absence upon written application being made to him/her showing good cause for such extension. Leave of absence without pay may be granted for the following reasons:

(1) Illness of the employee or a member of his immediate family; pregnancy and pregnancy disability as provided by the Fair Employment and Housing Act; and adoption for the purpose of parental bonding as provided by the Family Medical Leave Act and California Family Rights Act;

(2) To enable an employee to attend school or obtain training designed to improve the value of service to the public;

(3) To enable an employee to accept appointment in the unclassified service;

(4) To permit an employee to be loaned temporarily to another governmental agency for specific assignment;

(5) For any other reason which the human resources director approves as being in the public interest.

(b) Qualifying probationary employees may be granted a leave of absence without pay pursuant to subsection (a) of this section.

(c) Leave of absence to enter the armed forces of the United States shall be granted employees in the classified service in accordance with the provisions of Section 2.40.080(14). Leaves of absence for reserve military duty shall be granted employees in the classified service in accordance with the provisions of the California Military and Veterans Code. None of the restrictive or limiting regulations with respect to leave of absence as set forth in subsections (a) and (h) of this section shall apply to leaves of absence for military service.

(d) No leaves of absence, with or without pay, shall be approved or granted where it appears that it is requested for a purpose contrary to the good of the county service.

(e) At the expiration of a leave of absence or earlier if the appointing authority approves, an employee on leave shall be returned to his former position or to another position which the human resources director finds has substantially similar duties and responsibilities, qualification requirements and compensation. Except as specified herein with respect to an employee on leave pending an application for disability retirement, the human resources director may refuse to reinstate an employee if he is no longer physically able to perform the duties of the class as prescribed by the Civil Service Commission Rules. Then an employee is on leave of absence pending a determination of the employee's application for disability retirement with the county pension trust and if the board of pension trustees finds that the employee is not permanently disabled from performing his duties and denies said application, then the leave shall be terminated and the employee shall have the right to be returned to his former position or to another position in the same department which has substantially similar duties and responsibilities, qualification requirements and compensation consistent with the decision of the board. Upon mutual agreement of the employee and the human resources director, the employee may be returned to another position with substantially similar duties and responsibilities in another department. Upon receipt of the final decision of the board, the human resources director will notify the employee in writing of the expiration date of the leave of absence and of the provisions of subsection (f) of this section.

(f) Failure to report within five working days following an expiration of a leave of absence shall be grounds for termination.

(g) No holiday pay shall be paid to an employee on a leave of absence without pay.

(h) Individual leaves of absence without pay shall be limited to twenty-four months within a thirty-six-month period.

(Ord. 2848 (part), 1999; Ord. 2759 §§ 1—3, 1996; Ord. 2322 § 1, 1987; Ord. 2072 § 3, 1981: Ord. 2058 § 1, 1981: Ord. 2047 § 1, 1980: Ord. 1491 § 2 (part), 1975; Ord. 1189 § 3, 1971: Ord. 1051 § 5, 1969: Ord. 1028 § 2, 1969: Ord. 757 § 1 (part), 1964: Ord. 552 § 2 (part), 1961: prior code § 2-031.1)

(Ord. No. 3396, § 1, 9-17-19)

Editor's note— Per Ord. No. 3396, § 1, adopted September 17, 2019, and at the direction of the city, instances of personnel director have been changed to human resources director thoughout the code.

(a) All permanent full-time employees, excluding elected officials, shall be entitled to accrue vacation based on service; provided, that permanent part-time employees shall earn and use vacation on the same pro rata basis as their part-time schedule bears to a full-time work schedule. Vacation time shall be accrued and taken in the manner provided in this section.

For purposes of accrual, service shall be defined as all regular paid work time and all paid leave time. A working day shall consist of eight hours, or an amount proportional to part-time status.

(b) Vacation time shall be accrued for all permanent employees in the following manner:

(1) From the date of employment to the completion of the fourth year at the rate of five-sixths working day per month;

(2) From the start of the fifth year of service to the completion of the ninth year at the rate of one and one-fourth working days per month;

(3) After the completion of the ninth year, vacation time shall be accrued at the rate of one and two-thirds working days per month;

(4) Pursuant to board of supervisors approved memorandum of understanding or resolution, employees are eligible to exchange sick leave hours for vacation hours based on hire date.

(c) The total number of vacation days which may be accrued at any time during a calendar year shall be limited by a board of supervisors memorandum of understanding or by board of supervisors resolution.

(d) Vacations shall be taken in the following manner:

(1) All vacations shall be taken at such time or times during the year as may be approved by the appointing authorities in the best interests of the county service;

(2) It is the intent of this section that all employees be granted an annual vacation consistent with the provisions of subsections (c) and (d) of this section.

(e) Any permanent employee who after completion of their first probationary period terminates, or is discharged from county service for cause, shall receive payment for the unused portion of the vacation privilege accumulated up to the date of discharge at their rate of pay on the date of discharge; provided, however, that no payment shall be made for any vacation privilege in excess of the accrual maximum.

No person shall be permitted to work for compensation for the county in any capacity during the time of their paid vacation from the county service.

(Ord. 3061 § 1 (part), 2005: Ord. 2227 § 1, 1985; Ord. 2207 § 2, 1985: Ord. 2162 § 1, 1984; Ord. 2148 § 1, 1983; Ord. 2104 § 3, 1982; Ord. 2072 § 4, 1981: Ord. 1826 § 1, 1977: Ord. 1523 § 1, 1975; Ord. 1425 § 1, 1974; Ord. 1411 § 1, 1974; Ord. 1189 § 4, 1971: Ord. 1023 § 1, 1969: Ord. 661 § 1, 1963: Ord. 552 § 2 (part), 1961: prior code § 2-031.2)

(Ord. No. 3568, § 1, 1-6-26)

Unless otherwise provided by a memorandum of understanding approved by the board of supervisors or by board of supervisors resolution:

(1) General management employees and appointed department heads shall be allowed seven days of administrative leave with pay during each fiscal year. Said administrative leave shall be available for use on the first day of the first pay period of each fiscal year.

(2) Employees in classes designated operations and staff shall be entitled to five paid days of administrative leave at the rate of eight hours per day during each fiscal year. The administrative leave shall be available for use on the first day of the first pay period of each fiscal year.

(3) Employees in classes designated confidential shall be entitled to four paid days of administrative leave at the rate of eight hours per day during each fiscal year. The administrative leave shall be available for use on the first day of the first pay period of each fiscal year.

(4) Nothing contained in this code shall be construed to allow carryover from one fiscal year to the next of any unused administrative leave with pay.

(5) Nothing in this code shall be construed to allow payment for any unused administrative leave with pay.

(Ord. 2528 § 1, 1991: Ord. 2108 § 2, 1982; Ord. 2072 § 5, 1981: Ord. 2025 § 2, 1980: Ord. 1921 § 1, 1978)

(Ord. No. 3445, § 1, 5-18-21)

(a) All permanent full-time employees, excluding elected officials, shall be entitled to accrue sick leave based on service at the rate of one working day with pay for each month of service, provided, that permanent part-time employees shall earn and use sick leave on the same pro rata basis as their part-time schedule bears to a full-time work schedule. A working day shall consist of eight hours, or an amount proportional to part-time status.

For purposes of accrual, service shall be defined as all said work time and all paid leave time.

For purposes of payment, total rate of pay shall be defined as salary determined by the step at which the employee is appointed in the salary range for the class to which the employee's position is assigned.

(b) Sick leave with pay shall only be granted upon the recommendation of the appointing authority in case of bona fide illness, or in the event of illness or death of a relative of the first degree, or domestic partner of the employee or child of a domestic partner. Evidence may be required by the appointing authority or the board of supervisors in the form of a physician's certificate or otherwise of the adequacy of the reason for any employee's absence during the time for which sick leave is or was requested.

(c) A relative of the first degree means spouse, domestic partner, parent, child, grandparent and grandchild and the corresponding relative by affinity, and any other qualifying family member as defined by the California Family Rights Act. "Child" is further defined to include biological, foster, adopted, and stepchild, a legal ward, a child of the employee's domestic partner or a child of an employee or domestic partner standing in loco parentis.

(d) Unless otherwise provided by a board of supervisors' memorandum of understanding or by a board of supervisors approved resolution, accrual of sick leave shall be limited to one hundred eighty working days.

(e) A permanent employee who has worked for the county five years or less from the date of hire, shall abrogate all sick leave accumulated to the date of termination and the employee shall not be compensated in any way for such sick leave. Upon termination of an employee who has worked more than five years from the date of hire with the county as a permanent employee, such employee shall be entitled to receive payment for one-half of his or her accrued sick leave to a maximum of one-half of one hundred eighty days at the employee's rate of pay as of the date of termination; provided, that in the event of disciplinary suspension, or termination by dismissal or other disciplinary action, the employee shall not be entitled to any payment for any accrued sick leave. Administrative provisions governing the payment of such sick leave may be adopted pursuant to board of supervisors approved resolution.

(f) Employees laid off because of a reduction in force, shall not be entitled to payment for accrued sick leave unless such employee forgoes placement on the reemployment list, or until such time as the employee is removed from the reemployment list.

(Ord. 3061 § 1 (part), 2005: Ord. 2980 § 1, 2002; Ord. 2282 § 1, 1986; Ord. 2118 § 1, 1983; Ord. 2108 § 3, 1982; Ord. 2104 § 4, 1982; Ord. 2072 § 6, 1981: Ord. 2035 § 2, 1980: Ord. 1824 § 1, 1977: Ord. 1525 §§ 1, 2, 1975; Ord. 1491 § 2 (part), 1975; Ord. 1189 §§ 5, 6, 1971: Ord. 1051 § 6, 1969: Ord. 757 § 1 (part), 1964: Ord. 697 § 1 (part), 1963: Ord. 552 § 2 (part), 1961: prior code § 2-031.3)

(Ord. No. 3569, § 1, 1-6-26)

Editor's note— Ord. No. 3570, § 1, adopted January 6, 2026, repealed § 2.44.065. Former § 2.44.065 pertained to special disability benefits and derived from Ord. 1827 § 1, adopted 1977; Ord. 2034 § 1, adopted 1980; Ord. 2074 § 1, adopted 1981; Ord. 2596 § 1, adopted 1993; Ord. No. 3396, § 1, adopted September 17, 2019.

(a) Unless otherwise provided by a memorandum of understanding approved by the board of supervisors or by a board of supervisors resolution, the following are established as paid holidays for all permanent and probationary county employees:

(1) January 1 (New Year's Day);

(2) Third Monday in January (Martin Luther King Day). (Added July, 1984.);

(3) February 12 (Lincoln's Birthday);

(4) The third Monday in February (Washington's Birthday);

(5) The last Monday in May (Memorial Day);

(6) July 4 (Independence Day);

(7) The first Monday in September (Labor Day);

(8) The fourth Friday in September (Native American Day);

(9) November 11 (Veterans' Day);

(10) That day in November designated as Thanksgiving Day;

(11) That Friday in November immediately following the day designated as Thanksgiving Day;

(12) December 25 (Christmas Day);

(13) All other days as may be proclaimed by the county's board of supervisors.

(b) On May 24, 2005, a personal leave day (eight hours) was established in exchange for elimination of Admissions Day on September 9 as a paid holiday. The personal leave day will be allowed to be used at any time during the fiscal year. Part-time employees shall take personal leave on the same pro rata basis as their part-time schedule bears to the full work schedule of their department. The personal leave day cannot be accrued and will be lost unless utilized during the fiscal year.

(c) Unless otherwise specifically provided in this section, when a holiday listed herein falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed.

(d) Unless otherwise provided in this section, when a holiday listed herein falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed.

(e) For those employees whose five-day workweek consists of other than Monday, Tuesday, Wednesday, Thursday and Friday, if a holiday falls on their second day off, the day following the second day off shall be deemed to be the holiday in lieu of the day observed. For those employees whose five-day workweek consists of other than Monday, Tuesday, Wednesday, Thursday and Friday, if a holiday falls on their first day off, the day preceding their first day off shall be deemed to be the holiday in lieu of the day observed.

(f) Employees required to work on a holiday as specified in this section and Section 2.44.030(1) shall receive full holiday pay in addition to straight-time pay for actual hours worked.

(g) Employees on approved flexible workweeks shall receive eight hours pay for each holiday, rather than the number of hours of their flexible workday.

(h) Unless otherwise provided by a memorandum of understanding approved by the board of supervisors or by a board of supervisors resolution, employees who work in one of the twenty-four-hour facilities or who work in a seven-day per week work function will be given the option to either take advantage of this section, or request to participate in the annual leave program:

(1) The total number of annual leave days which may be accrued at any time during a calendar year shall be limited by a board of supervisors memorandum of understanding or by board of supervisors resolution;

(2) The annual leave program will allow employees to accrue holidays and utilize them as paid time off. Both parties understand that for the employees opting for the annual leave program, holidays will be considered as a regular workday, but that an additional day of paid time off will be added to their leave balance as the holidays identified in this section occur;

(3) Employees may enter the program at any time, but may withdraw only during the month of August;

(4) Accrued annual leave will be utilized prior to vacation balance utilization;

(5) Any permanent employee who terminates, or is discharged from county service for cause, shall receive payment for the unused portion of the annual leave privilege accumulated up to the date of discharge at his/her rate of pay on the date of discharge; provided, however, that no payment shall be made for any annual leave privilege accumulated in excess of the accrual maximum.

(i) Part-time employees shall take holiday time or accrue annual leave days on the same pro rata basis as their part-time schedule bears to the full work schedule of their department.

(j) This section does not apply to temporary employees.

(Ord. 3061 § 1 (part), 2005: Ord. 2318 §§ 3, 4, 1987; Ord. 2207 § 3, 1985; Ord. 2201 § 1, 1984; Ord. 2162 § 3, 1984; Ord. 2148 § 3, 1983; Ord. 2108 § 4, 1982; Ord. 2104 § 5, 1982; Ord. 2103 § 1, 1982: Ord. 2072 § 7, 1981: Ord. 2035 § 3, 1980: Ord. 1980 §§ 1, 2, 1979: Ord. 1636 § 1, 1976; Ord. 1412 § 1, 1974; Ord. 1297 § 2, 1973; Ord. 1279 § 1, 1973; Ord. 1141 § 1, 1970; Ord. 1051 § 7, 1979; Ord. 1028 § 3, 1969: Ord. 577 § 1, 1961: Ord. 552 § 2 (part), 1961: prior code § 2-031.4)

(Ord. No. 3446, § 1, 5-18-21; Ord. No. 3495, § 1, 6-20-23)

Unless otherwise provided for in a memorandum of understanding or board of supervisors approved resolutions, all officers, deputies, and employees of the county shall be allowed leave of absence with pay for jury duty for time spent on jury duty during the scheduled work day, provided that all jury fees shall be paid by such officers, deputies, and employees into the county treasury as provided in Section 2.48.020. Any time spent on jury duty shall reduce the scheduled work day accordingly.

(Ord. 723 § 2, 1963: Ord. 552 § 2 (part), 1961: prior code § 2-031.5)

(Ord. No. 3447, § 1, 5-18-21)

(a) Unless otherwise required by law, computing of sick leave, vacation, compensating time, annual leave and leave without pay shall be based on a one-tenth-hour minimum.

(b) Sick leave, vacation, compensating time and annual leave accrual may be converted to other than monthly rates to facilitate leave accounting.

(c) Employees may not code leave in excess of the balance available at the end of the previous pay period. No paid leave shall be taken until such time as it is fully earned.

(d) The provisions of this code regarding terms and conditions of employment including compensation and leave time are based on the principles of public accountability whereby elected officials and public agencies are held to a higher level of responsibility under the public trust that demands effective and efficient use of public funds in order to serve the public interest. Those principles of public accountability are reflected in, but not limited to, California Constitution Article 11, Sections 1(a) and 10 and Article 16, Section 6; Government Code, Title 3, Part 3, Chapters 3.5, 4, and 5; and this county code, Title 2, Chapters 2.44 and 2.48.

(Ord. 3061 § 1 (part), 2005: Ord. 2585 § 2, 1992: Ord. 902 § 5, 1967: Ord. 757 § 2, 1964: Ord. 552 § 2 (part), 1961: prior code § 2-031.6)

The hours and days during which the public offices of the county, subject to regulation by the board of supervisors, shall be open for the transaction of business are established as follows:

(1) All offices, except as hereinafter provided, shall be open continuously from eight a.m. to five p.m., Monday through Friday, inclusive, except holidays which are now or which may hereafter be established; provided that offices of the San Luis Obispo City-County Free Library System shall be open at the time or times posted at said offices one week in advance by the library director; and further provided that the business hours and days of any individual county office may be altered by resolution deemed necessary by the board of supervisors.

(Ord. 2080 § 1, 1981: Ord. 1497 § 1, 1975: Ord. 662 § 1 (part), 1963: prior code § 3-104)

(a) Eight hours shall constitute a workday for all full-time employees.

(b) Forty hours shall constitute a workweek for all full-time employees.

(c) Nothing contained in this chapter shall be construed to prevent the board of supervisors or department heads from so arranging individual employee's workdays or workweeks so as to provide for the proper function of departments at such hours and times as may be deemed necessary; provided, that the provisions of subsections (a) and (b) of this section and Sections 2.44.030 and 2.48.050 are fully complied with, except as provided in subsections (d), (e), and (f) below.

(d) Subsections (a) and (b) of this section shall not apply to employees who have been designated as salary basis employees within the meaning of the Fair Labor Standards Act to the extent that such employees are not subject to defined working hours.

(e) Subsections (a) and (b) of this section shall not apply to employees who are fire personnel or to employees on approved flexible workweeks.

(f) Those county employees in employee organizations with executed MOU's authorizing flexible workweeks, may request their department head to schedule them to work a flexible workweek. Such a request, and any department head approval, shall be made on such forms as may be provided by the county; and if approved, shall be forwarded to the personnel department and auditor's office. A flexible workweek shall be defined as any workweek other than as provided in subsections (a) and (b) of this section.

Nothing contained in this section shall be construed as granting a right to a flexible workweek. Department heads shall retain the discretionary authority to arrange an individual employee's workday and workweek, as authorized by this code, and to approve requests for flexible workweeks, as well as to terminate a flexible workweek schedule. Department heads shall also have the authority to schedule an employee to work a flexible workweek; provided, that any advance notice required by an MOU is first given.

(Ord. 2585 § 3, 1992: Ord. 2108 § 5, 1982: Ord. 1297 § 3, 1973; Ord. 662 § 1 (part), 1963: prior code § 3-015)

(a) Except as otherwise provided by law, all employees of the county shall be entitled to one fifteen-minute rest break for each four hours worked.

(b) Nothing contained in this chapter shall be construed to prevent the board of supervisors or appointing authority from scheduling individual employee's rest breaks to provide for the proper and efficient administration of the department's functions.

(Ord. 1524 § 1, 1975)

(Ord. No. 3571, § 1, 1-6-26)

All persons selected for appointment to positions in the unclassified service who are classified as safety members of the county pension trust by Rule 8.02 of the employees' retirement plan shall be required to take and pass a qualifying Class 1 medical examination as a condition of employment. Qualifying medical exams shall be administered at county expense prior to appointment. Prospective employees who fail to meet the medical standards for the position for which they have been selected shall not be appointed or hired. Any appointment to an unclassified safety member position shall be considered provisional until such time as the results of the qualifying medical examination are final.

(Ord. 1857 § 1, 1978)