Trinity County Municipal Code Art. IX Leave

A. Vacation leave accrual base rates shall be determined by the amount of completed continuous service as follows:

0 through 59 pay periods - 6.67 hours per pay period, which equals 10 days per year.

60 through 108 pay periods - 10 hours per pay period, which is equal to 15 days per year.

109 through 168 pay periods - 11.33 hours per pay period, which is equal to 17 days per year.

169 or more pay periods - 13.33 hours per pay period, which is equal to 20 days per year.

B. Monthly accrual rates for permanent employees shall be based on the number of hours of work normally assigned an employee as follows:

C. Time elapsed while an employee is on any authorized leave, except leave without pay or suspension, shall be considered hours worked for the purpose of this section.

D. Conditions regulating the use of vacation leave are as follows:

1. During the first fifty-nine pay periods of continuous employment, an employee may not accumulate more than one hundred ninety-two hours of vacation leave. Further, within a reasonable time prior to the date the maximum vacation limit is reached, the employee shall take vacation leave to reduce the number of vacation hours or, with the concurrence of the department head, the employee may request authorization from the board of supervisors to carry over vacation hours over the limit.

2. After fifty-nine pay periods of continuous employment, an employee may not accumulate more than two hundred thirty-two hours of vacation leave. Further, within a reasonable time prior to the date the maximum vacation limit is reached, the employee shall take vacation leave to reduce the number of vacation hours or, with the concurrence of the department head, the employee may request authorization from the board of supervisors to carry over vacation hours over the limit.

3. After one hundred sixty-seven pay periods of continuous employment, an employee may not accumulate more than two hundred seventy-two hours of vacation leave. Further, within a reasonable time prior to the date the maximum vacation limit is reached, the employee shall take vacation leave to reduce the number of vacation hours or, with the concurrence of the department head, the employee may request authorization from the board of supervisors to carry over vacation hours over the limit.

4. Department heads shall authorize the use of accrued vacation leave for employees under their supervision. In doing so, the department head shall be guided by the good of the county service, the operating needs of the work unit and the desires of the individual employee.

5. Eligible employees may utilize vacation after six months of continuous county service, pursuant to subdivision A of this section.

E. Elective officers under bond shall not be subject to the provisions of this section.

F. Prior to a department head taking vacation, where a class specification does not specifically set forth who is in charge during the department head's absence, the department head shall notify the county administrative officer and clearly define the line of succession in the department. Department heads may utilize vacation after thirty days of continuous county service.

G. Where the provisions of this section conflict with presently existing memoranda of understanding, the memoranda of understanding shall supersede and take precedence.

(Ord. 1245 §1, 2001; Ord. 1143 §1(part), 1990; Ord. 1087 §1(part), 1986)

Appointed department heads, after one year of service, shall be granted one week of nonaccumulated professional leave. Said leave shall not be taken in any other year than in which it was earned nor can the leave be carried over or any other compensation be made to the employee in the event the leave is not taken during the earned year.

(Ord. 1087 §1(part), 1986)

A. Accrual Rates.

1. Accrual rates for employees occupying permanent positions which are at least fifty percent of full time shall be at the rate of one day per month, or major fraction thereof, based on the number of hours of work normally assigned an employee.

2. Accrual rate for part-time employees fewer than fifty percent of full time and temporary employees working for Trinity County for 30 or more days within a fiscal year from the beginning of employment shall be at the rate of 3 days or 24 hours per year, whichever is greater. Accrual shall begin on July 1,2015, or if the employee is hired after that date, on the first day of employment.

B. Time elapsed while an employee is on any authorized leave, except a leave without pay or suspension, shall be considered hours worked for purposes of this section.

C. An employee may accumulate up to a maximum of nine hundred sixty hours (one hundred twenty days). Fifty percent of accumulated sick leave will be paid off by county to employees terminating employment with the county; provided that the employee has at least ten years of continuous county service, and has not been terminated for cause.

D. Accrued sick leave may be used during scheduled work hours when an employee is incapacitated by sickness, maternity or injury, for medical, dental or optical examinations or treatment, or in the event of serious illness in the employee's immediate family, for an employee who is a victim of domestic violence, sexual assault, or stalking, and for other such reasons as subject to the conditions outlined in Section 2.60.540 of the chapter, as it pertains to medical leave, or when an employee has been exposed to a contagious disease such that attendance at work could jeopardize the health of others.

E. Employees who are unable to work for any of the reasons stated in subsection D of this section of this chapter shall notify their immediate supervisor as soon as possible of their absence or anticipated absence. If such notification is not given, the department head shall charge the absence to vacation leave or leave without pay, and may consider appropriate disciplinary action.

F. The department head shall approve the use of sick leave only after having determined that the absence was for a legitimate reason as covered under subsection D of this section of this chapter. An employee may be required to submit substantiating evidence including, but not limited to, a physician's certificate. Nothing in this section shall preclude a department head from requiring a physician's certificate for illnesses or absences.

G. Sick leave earned pursuant to this section of this chapter shall be available for use immediately upon accrual, with the exception of employees described under subsection (A)(2), who must complete ninety days of employment prior to taking any paid sick leave.

H. Sick leave may not be taken when the sickness or disability was sustained while on a leave of absence without pay or suspension.

I. All elected county officials shall be excluded from the provisions of this section. In addition, where any provisions of this section conflict with presently existing memoranda of understanding, the memoranda of understanding shall supersede and take precedence.

J. For the purposes of this section, "immediate family" shall mean the employee's spouse, child, parent, sister, brother, mother-in-law, father-in-law, daughter-in-law, son-in-law, domestic partner, grandparents, grandchildren, or any other person living in the employee's household or primarily supported by the employee; provided however, it is understood that this section applies to the "significant other person in the household" and shall not apply to roommates, friends, or casual acquaintances.

(Ord. 1240 §1, 2000; Ord. 1170, §1, 1992; Ord. 1143 §1(part), 1990; Ord. 1087 §1(part), 1986)

(Ord. No. 1339, § 1, 3-1-16)

A. All the county employees occupying permanent positions shall be entitled to the following paid holidays:

1. New Year's Day (January 1)

2. Martin Luther King's Birthday (third Monday in January)

3. Lincoln's Birthday (February 12)

4. Washington's Birthday/Presidents' Day (third Monday in February)

5. Memorial Day (last Monday in May)

6. Independence Day (July 4)

7. Labor Day (first Monday in September)

8. Columbus Day (October 9)

9. Veteran's Day (November 11)

10. Thanksgiving Day (fourth Thursday in November)

11. The day following Thanksgiving

12. Christmas Eve (December 24)

13. Christmas Day (December 25)

14. Any day proclaimed as a public feast, thanksgiving, holiday or time of mourning by the Governor of California, or the President of the United States, and approved by the county administrative officer and director of human resources. If the proclaimed public feast, thanksgiving, holiday or time of mourning continues into the following year, board approval is required for continued observation of said public feast, thanksgiving, holiday or time of morning.

B. When a holiday as defined in this section falls on a weekend the holiday shall be observed as follows:

1. When a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday.

2. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday.

3. When December 24 falls on a Friday, it shall be observed on the preceding Thursday.

4. When December 24 falls on a Sunday, it shall be observed on the preceding Friday.

C. Subsequent to completion of the probationary period, an employee shall be entitled to one personal holiday per calendar year. Personal holidays may not be accumulated from year to year and should an employee not elect to take a personal holiday, he/she shall not be entitled to any extra compensation. The employee shall provide five working days' notice in advance of personal holiday to employee's supervisor or department head.

D. In order for an employee to be eligible for a paid holiday, the employee must be present at work or on an approved paid leave on the day before and the day after the holiday. Employees on a leave of absence or suspension are not eligible for holiday leave.

E. Where any provisions of this section conflict with presently existing memoranda of understanding, the memoranda of understanding shall supersede and take precedence.

(Ord. 1143 §1(part), 1990; Ord. 1087 §1(part), 1986)

(Ord. No. 1372, § I, 9-3-24)

A. Department heads with concurrence of the personnel officer may grant a leave of absence without pay to an employee for a period not to exceed ninety calendar days.

B. Any leave of absence without pay which extends beyond thirty calendar days shall require a change in the anniversary date used in computing the length of time between salary step increases and other benefits consistent with the provisions of Section 2.60.400 B for that time period beyond the initial thirty days.

C. All leaves of absence extending beyond ninety calendar days shall require prior approval by the board of supervisors.

D. When an intended leave of absence is for health or medical purposes, all sick leave, vacation leave and compensatory leave must be used before a leave of absence can be granted. For non-health and non-medical leaves of absence, vacation leave and compensatory leave must be used.

(Ord. 1087 §1(part), 1986)

A. Department heads may authorize the use of up to five days of earned sick leave to an employee attending or making arrangements for the funeral of an "immediate family" member. Authorization shall be in conformance with the provisions of Section 2.60.520 of this chapter. This period may be extended for reasons held to be sufficient by the employee's department head; provided, however, such leave shall not exceed ten days.

B. Where insufficient sick leave is available to the employee for this purpose, compensatory leave and/or vacation leave may be granted. Where sufficient leave of this nature is unavailable, leave without pay may be granted in accordance with the provisions of Section 2.60.540 of this chapter.

C. For the purpose of this section, "immediate family" shall mean the employee's spouse, child, parent, sister, brother, mother-in-law, father-in-law, daughter-in- law, son-in-law, grandparents, grandchildren, or any other person living in the employee's household or primarily supported by the employee. Provided however, it is understood that this section applies to the "significant other person in the household" and shall not apply to roommates, friends, or casual acquaintances.

(Ord. 1087 §1(part), 1986)

A. An employee required to serve as a member of a jury panel or as a witness in a criminal court case shall be granted leave with pay upon the remittance to the county of jury or witness fees, or upon the submission of evidence that such fees are waived.

B. When an employee elects to use vacation or compensatory time instead of court leave, jury or witness fees may be retained.

(Ord. 1087 §1(part), 1986)

A. Temporary military leave for short training periods shall be granted to employees who have at least one year of county service immediately prior to the effective date of the leave in accordance with the provisions of the State Veterans Code.

B. Full salary or wage payment shall be made up to thirty calendar days in any fiscal year for such temporary military duty or training upon receipt of military orders.

(Ord. 1087 §1(part), 1986)

A. At the employee's request, compensatory time off shall be approved by an employee's department head, or department head's authorized representative, provided that the employee provides a reasonable notice of the intended time off and only if such compensatory time off will not, in the department head's view, or in the authorized representative's view, unreasonably impact the discharge of the department's duties, functions, and/or activities.

B. In the event that overtime is authorized, an employee may decide to take payment at a rate of one and one- half hours for each hour worked or compensatory time off at a rate of one and one-half hours for each hour worked; provided, however, that if sufficient funds are not available in a department, the employee may be requested to work for compensatory time only.

C. A department head or authorized representative may direct that earned compensatory time in excess of forty hours shall be taken within a sixty-day period. Nothing in this section shall preclude the scheduling of compensatory time at the mutual agreement of the employee and department head or authorized representative for a period beyond the sixty days; provided, however, this section shall not apply to those employees occupying classifications represented by the Skilled Trades Employees' Association.

D. Department heads or authorized representatives may direct those employees occupying classifications represented by the Skilled Trades Employees' Association that earned compensatory time shall be taken by an employee for slack periods or for other such reasons deemed appropriate. Such direction shall required twenty four hours' notice to the employee and shall be applicable to employees who have available one hundred hours of compensatory time or more.

E. Effective January 1, 1981, earned compensatory time is to be accumulated on a calendar year basis only, and if not taken by the employee during the calendar year, the compensatory time shall be received by the employee with an automatic payment of any unused portion on the last payroll period of that year; provided, however, that the department head, with the concurrence of the employee, may authorize compensatory time carryover of up to forty hours of earned compensatory time from one calendar year to the next provided that such authorization is received by the county auditor by December 15th.

F. Effective July 1, 1989, compensatory time and overtime for all management designated employees will be eliminated, pursuant to Department of Labor regulations. All management designated employees will receive a four percent salary increase effective July 1, 1989, and three days professional leave in lieu of compensatory time and/or overtime. Effective January 1st of each year thereafter, three days' professional leave will be credited each management designated employee, pursuant to Section 2.60.510. It is not the intent of this provision to routinely require management employees to work in excess of the normal work week, as defined under the county personnel ordinance. The elimination of compensatory time or overtime shall be subject to Department of Labor regulations.

Employees occupying the following classifications of chief laboratory technologist, chief radiological technologist, clinical program chief, deputy probation officer III, and social services supervisor, shall be subject to overtime accrual as provided herein. The above classifications when assigned standby and are called to work shall be compensated in accordance with Sections 2.60.460 and 2.60.580 at their regular rate or at time and one-half, whichever is applicable under current county policy for each half-hour or major fraction thereof.

(Ord. 1143 §1(part), 1990; Ord. 1087 §1(part), 1986)

A. All extra help shall not accrue or receive holiday leave, sick leave, vacation leave or compensatory leave.

B. Department heads may authorize time off for extra help at their discretion.

(Ord. 1087 §1(part), 1986)

A. The personnel officer with the cooperation of the auditor/controller shall establish such procedures and maintain such records as necessary to administer the provisions outlined in this chapter.

B. Where provisions of this section conflict with presently existing memoranda of understanding with particular bargaining units, the presently existing memoranda shall supersede and take precedence.

(Ord. 1087 §1(part), 1986)