SMCCE 17.5 Leave of Absence Without Pay

(1) General Provisions

(a) Qualifying: Only permanent or probationary employees occupying permanent positions are eligible for leaves of absence without pay under the provisions of this Section.

(b) Application for and Approval of Leaves of Absence Without Pay: To receive leave without pay, an employee must submit a request on the prescribed form to his/her department head describing the reasons for the request and all other information required for the department head, or his/her representative, to evaluate the request.

(c) Granting of Leaves of Absence Without Pay: An appointing authority may grant leave of absence without pay for up to a maximum of two (2) pay periods. Leaves of absence of more than two (2) pay periods must be approved by the Director of Human Resources and shall be subject to review by the County Manager, whose ruling shall be final. A leave of absence without pay runs concurrently with other applicable statutory leaves, such as FMLA and CFRA.

(2) Leaves of Absence Without Pay For Non-Job Incurred Illness or Injury: Leaves of Absence without pay on account of illness or injury which are not job incurred may be granted for a maximum period of twenty-six (26) full biweekly pay periods. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom. Such leaves will be granted only after all accrued sick leave credits have been used and shall be substantiated by a physician’s statement.

(3) Leaves of Absence Without Pay for Personal Reasons: Leaves of absence without pay on account of personal reasons unrelated to illness or injury (including but not limited to being employed on a full-time basis by the Council may be granted for a maximum period of thirteen (13) full pay periods. Such leaves shall only be granted after all accrued vacation and holiday credits have been used; however, an employee may request in case of personal emergency, including an emergency relating to the non-disability portion of maternity leave, that one (1) week of accrued vacation be retained. The decision of the Human Resources Director shall be final.

  1. Parental Leave: An employee/parent may be granted a leave of absence without pay for the purpose of fulfilling parenting responsibilities during the period of one (1) year following the child’s birth, or one (1) year following the filing of application for adoption and actual arrival of the child in the home. Such leave is to be for a maximum period of thirteen (13) pay periods. Use of accrued vacation, sick leave, compensatory time or holiday credits shall not be a precondition for the granting of such parental leave. However, employees can choose to use accrued vacation, compensatory time or holiday credits during their parental leave. Parental leave runs concurrently with other applicable statutory leave, such as CFRA.

An employee shall take bonding leave provided under the California Family Rights Act (CFRA) concurrently with Parental Leave, in accordance with County policies.