Santa Clara County Municipal Code Art. 7 Vacation and Sick Leave Rules

Footnotes:

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Editor's note— Ord. No. 304.100, § 27, specifically amended the Code by adding Art. 7, §§ A25-693, A25-694 as herein set out.

Each employee shall be entitled to an annual paid vacation. Vacation is earned on an hourly basis. For purposes of this article, a day is defined as eight work hours. During the first year 261 days, vacation shall be computed at the rate of ten working days per year. Beginning with the second year (262nd day) of continuous service, vacation shall be computed at the rate of 12 working days per year. Beginning with the fifth year (1,145th day) of continuous service, vacations shall be computed at the rate of 16 working days per year. Beginning with the tenth year (2,350th day) of continuous services, vacations shall be computed at the rate of 18 working days per, year. Beginning with the 15th year (3,655th day) of continuous service, vacations shall be computed at the rate of 20 working days per year. Beginning with the 20th year (4,960th day) of continuous service, vacations shall be computed at the rate of 22 working days per year.

(a) Time for vacations. In the absence of a departmental seniority agreement, the time for vacation shall be determined by the appointing authority after due consideration of employee convenience and administrative requirements.

(b) Vacation accrual. Any vacation accrued during a one-year period (26 pay periods) should be taken by the employee during the following one-year period.

(c) Vacation carry-over. In the event the employee does not take all the vacation to which he/she is entitled in the succeeding 26 pay periods, he/she shall be allowed to carry over the unused portion, provided that he/she shall not accumulate more than three years' vacation earnings; except:

(1) When absent on full salary due to work-related compensation injury which prevents his/her reducing his/her credits to the maximum allowable amount; or

(2) In the case of inability to take vacation because of extreme emergency such as fire, flood or other similar disaster, an additional accumulation may be approved by the County Executive and the Director of Employee Services Agency.

(d) Vacation balance. In the event the appointing authority does not provide vacation for an employee sufficient to reduce his/her accumulated vacation balance to the amount permitted (three years' earnings), the employee may take vacation as a matter of right immediately before the end of the pay period in which vacation could be lost, not to exceed one year's earnings. The balance of the employee's accumulated vacation shall remain to his/her credit.

(e) Vacation pay-off. A person who terminates employment shall be paid the monetary value of the earned vacation as of the actual date of termination of employment.

(f) Birthday holiday. There shall be an additional annual day of vacation which will normally be taken on the employee's birthday. The parties agree that an alternate day may be determined by the appointing authority after due consideration of employee convenience and administrative requirements.

(Ord. No. NS-304.100, § 27, 10-4-77; Ord. No. NS-304.134, § 59, 8-25-15)

(a) Rate of accrual. Each employee shall be entitled to sick leave. Such leave shall be earned on an hourly basis and computed at the rate of 96 hours per year. Such sick leave must be approved by the appointing authority.

(b) Doctors' notes. Request for sick leave with pay in excess of three working days must be supported by a statement from an accredited physician. The appointing authority may require such a supporting statement for absences less than three days.

(c) Sick leave accrual. Unused sick leave time may be accrued without limitation.

(d) Sick leave used for care of immediate family. An employee who has acquired a sufficient right to sick leave with pay may be granted permission to use same not to exceed three working days of such leave in order that he/she may care for a sick or injured member of his/her immediate family requiring his/her care, or in order that he/she may obtain medical consultation to preserve his/her health. "Immediate family" shall mean the father, mother, grandmother or grandfather of the employee or of the spouse of the employee and the spouse, son, son-in-law, daughter, daughter-in-law, brother or sister of the employee or any person living in the immediate household of the employee.

(e) Day defined/sick leave pay-off. For purposes of this paragraph, a day is defined as eight work hours. Upon death or retirement, up to 60 days of accrued sick leave shall be paid off at a rate of 50 percent of the equivalent cash value. All accrued balances beyond 60 days shall be paid off at the rate of 12½ percent of the accrued cash value (one hour's pay for one day of accrual). Upon resignation in good standing, employees with ten or more years' service shall be paid up to 60 days of accrued sick leave at the rate of 25 percent of the equivalent cash value. All accrued balances beyond 60 days will be paid off at the rate of 12½ percent of the accrued cash value. All other rights to sick leave with pay of an employee shall be cancelled upon his/her separation from the County; provided, however, if an employee resigns or is separated on a layoff and is reinstated or reemployed within one year from the date of resignation or layoff, such employee's right, if any, to sick leave with pay shall be restored to him/her. At the employee's option, he/she may convert accrued but unused sick leave at retirement to credit one month of employee's medical premium for each day of sick leave accrued.

(f) Reinstatement pay-back. Employees receiving a sick leave pay-off in accordance with Section A25-694(e) may, if reinstated within six months, repay the full amount of sick leave pay-off received and have her/his former sick leave balances restored. Repayment in full must be made prior to reinstatement.

(g) Vacation illness conversion. If an employee on vacation becomes ill, he/she may convert vacation time to sick leave with pay. If the conversion is for three or more days, it must be supported by a statement from an accredited physician.

(h) Exhaustion of sick leave. When an employee has exhausted all accumulated sick leave, he/she shall have the option of using vacation time or leave without pay for absences due to illness. The employee must notify the Department of employee's option prior to payroll action, otherwise vacation time will be used. When requested by the employee, management will restore vacation by making the appropriate payroll adjustment in the next payroll period.

(Ord. No. NS-304.100, § 27, 10-4-77)

(a) With the approval of the Director of Employee Services Agency, and on initial appointment only, individuals who, immediately prior to appointment to a coded position in the County, were employed by the Santa Clara County Transit District or the Santa Clara County Superior Court may transfer to the County their unused sick leave and vacation accruals earned at the Transit District or Superior Court in the amount not to exceed the appropriate accrual rate within the County.

(b) Appointees meeting the conditions in (a) above, with the approval of the Director of Employee Services Agency, may have their days of accrued service in the County adjusted to an amount not to exceed their days of service with the Transit District or Superior Court. Such adjustment is solely for the purpose of computing sick leave and vacation accruals with the County and may not be used for any other purpose.

(c) The Director of Employee Services Agency shall be responsible for the application and interpretation of this section.

(Ord. No. NS-304.112, 8-2-88; Ord. No. NS-304.117, 4-3-90; Ord. No. NS-304.134, § 60, 8-25-15)