Santa Clara County Municipal Code Art. 6 Leaves of Absence

(a) The provisions of the Military and Veterans Code of the State of California shall govern the military leave of employees of the County of Santa Clara.

(b) Any regular or provisional employee shall be allowed time off with no loss in pay for the time required to receive a physical examination or re-examination as ordered by provisions of a national conscription act or by any branch of the national or state military services.

(c) Every coded County officer and employee who has been called to active military duty in direct connection with an armed conflict, after exhausting salary or compensation to which he or she is entitled to under the California Military and Veterans Code, shall be entitled to salary augmentation of up to 100 percent of his or her regular County base salary in combination with military pay for that period of time the employee is engaged in the performance of ordered active military duty. County officers and employees with single coverage shall not be entitled to medical, dental, vision, life insurance or other benefits. County officers and employees who have family coverage shall be entitled to medical, dental and vision care coverage, with such premiums as customarily paid for by the County, concurrent with the period that officer or employee is on the partial salary continuation plan.

As

used in this section the terms "officer" and employee" mean an officer or employee who:

(1) Is ordered into active military duty as a member of a reserve component of the armed services of the United States;

(2) Is ordered into active federal duty as a member of the National Guard or Naval Militia;

(3) Enlists, enters, or is otherwise called into active duty as a member of the Armed Forces of the United States.

(Code 1954, § 3.3.7-1; Ord. No. NS-304.78, § 6, 7-17-73; Ord. No. NS-304.84, § 5, 7-31-73; Ord. No. NS-304.122, § 1, 5-15-01; Ord. No. NS-304.123, § 1, 3-19-02; Ord. No. NS-304.128, § 1, 4-20-04; Ord. No. NS-304.130, § 1, 12-14-04)

State Law reference— Military leave, Military and Veterans Code § 395.

(a) Physical examination. The appointing authority may require an employee whom he deems incapacitated for work, due to illness or injury, to submit himself to a designated physician for examination, and may require the employee to take such leave of absence as will be necessary to perform his duties.

(b) Court related. The appointing authority may require an employee who has been formally charged in a court of competent jurisdiction with the commission of any felony or of a misdemeanor involving moral turpitude, provided said crime is related to the employee's employment status, to take a compulsory leave of absence without pay pending determination by way of a plea, finding or verdict at the trial court level as to the guilt or innocence of such employee.

(c) Determination of innocence. If there is a determination of innocence or the charges are dropped, the employee shall be reinstated to his/her position with return of all benefits, including salary, that were due for the period of compulsory leave; subject, however, to appropriate disciplinary action if warranted under the circumstances. Any such disciplinary action may be imposed effective as of the commencement date of the compulsory leave imposed under this section.

(d) Determination of guilt. If there is a determination of guilt, the appointing authority may take appropriate disciplinary action. If the action is a suspension and the suspension is for a shorter duration than the compulsory leave, the employee shall receive the difference between the compulsory leave and the suspension in salary and all benefits.

(Code 1954, § 3.3.7-4; Ord. No. NS-304.37, § 5, 7-18-66; Ord. No. NS-304.42, § 1, 2-14-67; Ord. No. NS-304.77, § 1, 2-20-73; Ord. No. NS-304.78, § 6, 7-17-73; Ord. No. NS-304.100, § 20, 10-4-77)

(a) Reasons granted. Leaves of absence without pay may be granted to employees for up to one year. Extensions to leaves approved for less than one year shall not unreasonably be denied, provided adequate advance notice is given. If an employee wishes to return to work early from a leave of absence, he/she shall provide reasonable advance notice to the appointing authority. Leaves beyond one year may be granted due to unusual or special circumstances. The following are approved reasons for such leave:

(1) Illness beyond that covered by sick leave;

(2) Education or training which will benefit the County;

(3) Other personal reasons which do not cause inconvenience on the department;

(4) To accept other government agency employment or to accept employment with an employee organization.

(b) Revocation. A leave may be revoked by the Director of the Employee Services Agency upon evidence that the cause for granting it was misrepresented or has ceased to exist.

(c) Vacation leave without pay option. An employee may elect to take vacation or leave without pay for an authorized absence. The employee must notify the department of his/her option prior to payroll action, otherwise vacation time will be used. The department may assign leave without pay for an unauthorized absence.

(d) Failure to report. The failure of an employee to report for three or more consecutive working days for assigned duties without notification to the department and without legitimate reason for absence shall be presumed to be a resignation.

(e) Credit for time served in salary step. Except as set forth in Section A25-686, leaves of absence without pay of more than two pay periods, and suspensions, shall not be counted as time spent in a salary step in computing eligibility of the employee for further salary increases. All time spent on industrial injury leave shall be counted.

(Code 1954, § 3.3.7-5; Ord. No. NS-304.15, § 1, 1-16-61; Ord. No. NS-304.30, § 3, 11-29-69; Ord. No. NS-304.73, § 1, 8-29-72; Ord. No. NS-304.78, § 6, 7-17-73; Ord. No. NS-304.84, § 1, 7-31-73; Ord. No. NS-304.100, § 21, 10-4-77; Ord. No. NS-304.134, § 58, 8-25-15; Ord. No. NS-304.135, § 1, 3-20-18)

(a) Response to summons. An employee shall be allowed to take leave from his/her County duties without loss of wages, vacation time, sick leave or benefits for the purpose of responding to summons to jury selection or serving on a jury for which he/she has been selected, subject to the limitation that an employee shall receive paid leave to serve on a jury for which he/she has been selected not more than once during a calendar year, and provided that he/she executes a written waiver of all compensation other than the mileage allowance, for which he/she would otherwise receive compensation by virtue of his/her performance of such jury duty. No employee shall be paid more than his/her regular shift pay or regular work week pay as a result of jury duty service. The employee is required to notify his/her appointing authority when he/she has received a jury summons and when his/her jury service is completed.

(b) Jury duty. Nothing in this section shall prevent any employee from serving on a jury more than once per calendar year; provided, however, that such additional periods of absence from regular County duties as a result thereof shall be charged, at the option of such employee, to either accrued vacation time or leave without pay.

(c) Response to a subpoena. No employee shall suffer loss of wages or benefits in responding to a subpoena to testify in court if that employee is not a party to the litigation.

(d) Authorized leave. In the event a night shift employee is called to court under the above provision, the following shall apply:

(1) Swing or p.m. shift shall have authorized leave the day or court attendance; time spent in court shall be deducted from the regular shift on that day with no loss of wages or benefits.

(2) Night or graveyard shall have authorized leave on the shift prior to court attendance; and that employee shall suffer no loss of wages or benefits.

(e) Return to work. For the purpose of this section, an employee who responds to a summons to jury duty and who is not selected as a juror shall not be deemed to have performed jury duty and shall return to work as soon as possible.

(Code 1954, § 3.3.7-6; Ord. No. NS-304.10, § 4, 10-14-58; Ord. No. NS-304.25, § 1, 10-21-63; Ord. No. NS-304.78, § 6, 7-17-73; Ord. No. NS-304.84, § 2, 7-31-73; Ord. No. NS-304.100, § 22, 10-4-77)

(a) Eligibility. Every employee shall be entitled to industrial injury leave when he/she is unable to perform services because of any injury as defined in the Worker's Compensation Act.

(b) Compensation. An employee who is disabled as a result of an industrial injury shall be placed on leave, using as much of his/her accumulated compensable overtime, his/her accrued sick leave and vacation time as when added to any disability indemnity payable under the Worker's Compensation Act shall result in a payment to him/her of not more than his/her full salary. The first three days shall be charged to the employee's accrued but unused sick leave. If the temporary disability period exceeds 14 calendar days, temporary disability will be paid for the first three days and its value will be credited towards the employee's sick leave, compensable overtime or vacation time balance.

(c) Public safety members. Those employees governed by the public safety members provision of the public employees' retirement system, when entitled to benefits under Section 4850 of the Worker's Compensation Act, shall be entitled to disability leaves of absence for a period not to exceed one year as provided in the Act, without loss of salary or related benefits. When an injured employee covered by these provisions has received the maximum benefits allowed by Section 4850, he/she shall be entitled to use sick leave and vacation accruals as provided for under Subsection (b) of this section. Retirement ends the benefits listed in this section, except for the rights to receive vacation and sick leave payoffs under this article.

(d) Clothing claims. Loss of, or damage to, an employee's clothing resulting from an industrial injury which requires medical treatment will be replaced by the County through the following procedures: The accident review board will review and make recommendations on all such incidents as submitted in writing by the employee. Reimbursement will be limited to the lesser of:

(1) Seventy-five percent of proven replacement cost; or

(2) The repair cost.

However, both of the above are limited by a $50.00 maximum.

(Code 1954, § 3.3.7-7; Ord. No. NS-304.11, § 1, 11-3-58; Ord. No. NS-304.30, § 4, 11-29-65; Ord. No. NS-304.39, § 1, 10-3-66; Ord. No. NS-304.78, § 6, 7-17-73; Ord. No. NS-304.100, § 23, 10-4-77)

(a) Vocational rehabilitation. When an employee is determined by the County unable to return to the classification in which he/she held permanent status because of a work-connected illness or injury, and does not elect a disability retirement, that employee will be offered vocational rehabilitation.

(b) Lateral transfer/demotion openings. If the employee meets all the qualifications for a particular [position] (this would take into account his/her medical limitations, prior work experience and skills) and an opening exists that involves a lateral transfer or demotion, the position shall be offered to the employee.

(c) Salary level. In the event of a demotion, the salary of the employee shall be established based on Section A25-661(e).

(d) Training program. In those cases where the employee may have the necessary prior experience or all the required skills, but there is reasonable assurance that the employee shall be capable of obtaining them through a designated formal on-the-job training program, the County will make reasonable efforts to place the employee in a training program.

(e) Placement review. If, after a period on the job, it is demonstrated that the employee is unable to develop the required skills, knowledge and abilities and/or cannot meet the physical requirements to handle the new position, he/she will be placed on a leave of absence and the placement process begins again.

(f) Promotions. Any position which involves a promotion will call for the normal qualifying procedures, written and/or oral examination. However, if it is found that any employee meets all the qualifications for a higher paying position and an eligibility list is already in existence, the employee shall be allowed to take a written and/or oral examination, and, if the employee qualifies, the employee's name will be placed on the eligibility list commensurate with his/her score.

(g) Referral to accredited rehabilitation agency. In those cases where the County is unable, for one reason or another, to place an employee in any occupation, that employee's case will be referred to an accredited rehabilitation agency as approved by the Division of Industrial Accidents for testing, counseling and retraining at either the County's or State's expense.

(h) State legislation. The provisions of this section shall not apply if state legislation removes from the County the control of training for disabled employees.

(Ord. No. NS-304.100, § 24, 10-4-77)

(a) Pregnancy disability leave. If an employee's physician certifies that she is disabled due to pregnancy or childbirth, the employee may remain on leave for up to four months and may use her accumulated sick leave during the period certified by the physician (the "pregnancy disability leave"). Pregnancy disability leave under this section runs concurrent with and not in addition to leave provided by the federal Family and Medical Leave Act ("FMLA") and the California Fair Employment and Housing Act ("FEHA"). However, pregnancy disability leave under this section is in addition to (and not concurrent with) the maternity leave rights provided by the California Family Rights Act ("CFRA").

(b) Maternity leave and paternity leave.

(1) Definition. For the purposes of this section, "maternity leave" and "paternity leave" shall mean leave taken by an employee to bond with a natural, adoptive, or foster child within one year of the child's birth, adoption, or foster placement.

(2) Length. Upon request, maternity leave and paternity leave without pay shall be granted to natural, adoptive, or foster parents by the appointing authority for a period of up to six months following the birth or placement of a child. With notice no less than one month prior to the conclusion of the leave, such leave may be extended up to one year upon approval of the appointing authority. A request for extension can only be denied for good cause. Maternity leave shall be in addition to any pregnancy disability leave that an employee may be entitled to receive. Maternity leave and paternity leave under this section runs concurrent with and not in addition to leave provided by the FMLA and CFRA.

(c) Credit for time served in salary step. The first 13 pay periods of any unpaid leave connected with the birth, adoption, or placement of a foster child shall be counted as time spent in a salary step in computing eligibility of the employee for further salary increases. All paid leave taken pursuant to the FMLA, CFRA, or Pregnancy Disability Act shall be counted as time spent in a salary step in computing eligibility for further step increases.

(Ord. No. NS-304.77, § 3, 2-20-73; Ord. No. NS-304.78, § 6, 7-17-73; Ord. No. NS-304.100, § 25, 10-4-77; Ord. No. NS-304.135, § 2, 3-20-18)

(a) An employee shall not be entitled to a leave of absence as a matter of right, but only upon the recommendation of the appointing authority and with the approval of the Director. Leave for a period not exceeding 30 workdays may be granted by the appointing authority at his discretion. Such leave shall be reported to the Director.

(b) When a leave of absence is granted a probationary employee, the period of such leave shall not be credited toward the completion of the employee's probationary period.

(Code 1954, § 3.3.7-8; Ord. No. NS-304.15, § 2, 1-16-61; Ord. No. NS-304.30, § 5, 11-29-65; Ord. No. NS-304.78, § 6, 7-17-73; Ord. No. NS-304.84, § 4, 7-31-73)

Leaves of absence with pay shall be granted employees in order that they may discharge the customary obligations arising from the death of a member of their immediate family. "Immediate family" shall mean the mother, father, grandmother, grandfather of the employee or of the spouse of the employee and the spouse, son, son-in-law, daughter, daughter-in-law, brother, sister, grandchild, brother-in-law, or sister-in-law of the employee or any person living in the immediate household of the employee. Up to five days with pay shall be granted, with four days chargeable to sick leave as the second through the fifth day, if necessary.

(Ord. No. NS-304.100, § 26, 10-4-77)