Section 20.  Leaves of Absence

20.1 General

Employees shall not be entitled to leaves of absence as a matter of right, but only in accordance with the provisions of law and this Memorandum of Understanding.  Unless otherwise provided, the granting of a leave of absence also grants to the employee the right to return to a position in the same classification, or equivalent classification in the same department as they held at the time the leave was granted.  The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.  However, if a disability retirement application has been filed with the County Board of Retirement a leave may be granted pending decision by that Board.  Nothing in Section 20 shall abridge the rights to which employees are entitled under the Family and Medical Leave Act (FMLA).  Information regarding FMLA is contained in the Letters section of this MOU.

Total Period of Leave: 

Except for Disability Leaves as provided above and in Section 20.4 (2) (c) below, no leave of absence or combination of leaves of absence when taken consecutively, shall exceed a total period of twenty-six (26) biweekly pay periods.

Approval and Appeals: 

Initial action to approve or disapprove any leave of absence shall be by the employee’s department head; however, leaves of absence of more than two (2) biweekly pay periods must also be approved by the Human Resources Director.  Denial of requested leave in whole or in part at the department head level may be appealed by the employee to the Human Resources Director, whose decision shall be final.

20.2 Benefit Entitlement

Employees on leaves of absence without pay for more than two (2) biweekly pay periods shall not be entitled to payment of the County’s portion of the premiums for the health, dental, life, or long-term disability insurance, except as provided hereinafter.  The entitlement to payment of the County’s portion of the premiums shall end on the last day of two (2) full biweekly pay periods in which the employee was absent.

 An employee who is granted a leave of absence without pay for reasons of the employee’s illness or accident shall be entitled to two (2) biweekly pay periods of the County’s portion of the insurance premiums for each year of County service, or major fraction thereof, up to a maximum of twenty-six (26) biweekly pay periods payment of premiums.

Where applicable, payment of the County’s portion of the insurance premiums described in this Section 20.2 shall count toward fulfillment of statutory requirements for payment of the County’s contributions toward health insurance under the Family Medical Leave Act (FMLA), California Family Rights Act (CFRA) and California Pregnancy Disability Leave (PDL).

20.3 Seniority Rights and Salary Adjustments

Any authorized absence without pay (regardless of length) which begins on or after October 20, 1996, shall not be included in determining salary adjustment rights, or any seniority rights, based on the length of employment.

20.4 Job Incurred Disability Leave

1. Job Incurred Disability Leave With Pay
   1. Definition:  Job incurred disability leave with pay is an employee’s absence from duty with pay because of disability caused by illness or injury arising out of and in the course of their employment which has been declared to be compensable under the Workers’ Compensation Law.

Only permanent or probationary employees occupying permanent positions are eligible for job incurred disability leave with pay.

• Payment:  Payment of job incurred disability leave shall be at the base pay of the employee, and shall be reduced by the amount of temporary disability indemnity received, pursuant to Workers’ Compensation Law.
  • Application for and Approval of Job Incurred Disability Leave With Pay:  In order to receive pay for job incurred disability leave an employee must submit a request on the prescribed form to their department head describing the illness or accident and all information required for the department head to evaluate the request.  The employee must attach to the request a statement from a physician certifying to the nature, extent, and probable period of illness or disability.

No job incurred disability leave with pay may be granted until after the County, the County Workers’ Compensation Adjuster, or the State Compensation Insurance Fund has declared the illness or injury to be compensable under the California Workers’ Compensation Law and has accepted liability.

• Length of Job Incurred Disability Leave With Pay:  Eligible employees shall be entitled to disability leave for the period of incapacity as determined by a physician, but not to exceed a maximum of ninety (90) calendar days for any one illness or injury.  Holidays falling within the period of disability shall extend the maximum time allowance by the number of such holidays.
• Job Incurred Disability Leave Without Pay
  • Definition:  Job incurred disability leave without pay is an employee’s absence from duty without County pay because of disability caused by illness or injury arising out of and in the course of their employment which has been declared to be compensable under the Workers’ Compensation Law.  Only permanent or probationary employees occupying permanent positions are eligible for job incurred disability leave without pay.  Such leave is taken after the disabled employee has used up allowable job incurred disability leave with pay, as well as accrued credits for sick leave.  At the employee’s option, vacation and compensatory time-off accruals may also be used.
  • Application for and Approval of Job Incurred Disability Leave Without Pay:  In order to receive job incurred disability leave without pay an eligible employee must submit a request on the prescribed form to their department head describing the illness or accident and all information required for the department head to evaluate the request.  The employee must attach to the request a statement from a physician certifying as to the nature, extent, and probable period of illness of disability.
  • Length and Amount of Job Incurred Disability Leave Without Pay:  Job incurred disability leave without pay may not exceed twenty-six (26) biweekly pay periods for any one injury.  The combined total of job incurred disability leave with pay and job incurred disability leave without pay for one accident or illness may not exceed thirty-two (32) biweekly pay periods.  In the event an employee is disabled and is receiving Workers’ Compensation benefits this leave may be extended as long as such disability continues.

20.5 Leave of Absence Without Pay

1. General Provisions
   1. Qualifying:  Only permanent or probationary employees occupying permanent positions are eligible for leaves of absence without pay under the provisions of this Section.
   1. Application for and Approval of Leaves of Absence Without Pay:  In order to receive leave without pay, an employee must submit a request on the prescribed form to their department head describing the reasons for the request and all other information required for the department head, or their representative, to evaluate the request.
   1. 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) biweekly pay periods.  Leaves of absence of more than two (2) biweekly pay periods must be approved by the Human Resources Director and shall be subject to review by the County Manager, whose ruling shall be final.
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 Union(s) signatory to this Memorandum) may be granted for a maximum period of thirteen (13) full biweekly 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) weeks’ vacation be retained.  The decision of the Human Resources Director shall be final.
4. Leaves of Absence Without Pay for Union Work:  Leaves of absence without pay to take employment with the Union signatory to this MOU may be granted for a maximum period of thirteen (13) full biweekly pay periods. Employees are entitled to retain any accrued vacation and holiday credits while on such leaves.
   
   In the event that an employee on approved Union leave want to continue group benefits coverage (including medical, dental, vision and life insurance) through the County plans, arrangements will be made for the Union to reimburse the County for the costs associated with continuing such coverage.
5. Parental Leave:  An employee/parent of either sex 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 child in the home.  Such leave shall be for a maximum period of thirteen (13) biweekly pay periods.  Use of accrued vacation, sick, compensatory time or holiday credits shall not be a pre-condition for the granting of such parental leave. Employees who must assume custody of a minor will be eligible for parental leave.

20.6 Military Leaves of Absence

The provisions of the Military and Veterans Code of the State of California as well as the Uniformed Services Employment and Reemployment Rights Act (USERRA)  shall govern military leave of County employees.

20.7 Absence Due To Required Attendance in Court

Upon approval by the department head, an employee, other than extra-help or a seasonal worker, shall be permitted authorized absence from duty for appearance in Court because of jury service, in obedience to subpoena related to the employee’s San Mateo County employment or by direction of proper authority, in accordance with the following provisions:

1. Said absence from duty will be with full pay to a maximum of eight hours for each day the employee serves on the jury or testifies as a witness in a criminal case, other than as a defendant, including necessary travel time. As a condition of receiving such full pay, the employee must remit to the County Treasurer, through the employee’s department head within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses.
2. Attendance in Court in connection with an employee’s usual official duties or in connection with a case in which the County of San Mateo is a party, together with travel time necessarily involved, shall not be considered absence from duty within the meaning of this Section.
3.  An employee required to appear in court in a matter unrelated to their County job duties or because of civil or administrative proceedings that they initiated does not receive compensation for time spent related to those proceedings. An employee may request to receive time off using vacation, compensatory, holiday or voluntary time off if accrued balances are available, or will be in an unpaid status, for time spent related to those proceedings. This provision does not apply to grievance proceedings pursuant to this MOU, San Mateo County Civil Service Commission proceedings, EAP or Peninsula Conflict Resolution Center (PCRC) mediation proceedings, or administrative proceedings related to the Meyers Millias Brown Act or the MOU between the parties.
4. Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the County Treasurer through the employee’s department head.

20.8 Educational Leave of Absence With Pay

Educational leave of absence with pay may be granted to employees under the conditions specified in this Section.  In order to be granted educational leave of absence with pay an employee must submit on the prescribed form a request to the appointing authority containing all information required to evaluate the request.

The County may, after approval of an employee’s application, grant a leave of absence with pay for a maximum of sixty-five (65) working days during any fifty-two (52) biweekly pay periods for the purpose of attending a formal training or educational course of study.  Eligibility for such leaves will be limited to employees with at least thirteen (13) biweekly pay periods of continuous service and who are not extra-help, temporary or seasonal.  Such leaves will be granted only in cases where there is a reasonable expectation that the employee’s work performance or value to the County will be enhanced as a result of the course of study.  Courses taken as part of a program of study for a college undergraduate or graduate degree will be evaluated individually for job relatedness under the above described criteria.  The employees must agree in writing to continue working for the County for at least the following minimum periods of time after expiration of the leave of absence:

Length of Leave of Absence              Period of Obligated Employment

44 to 65 workdays                              52 biweekly pay periods

22 to 43 workdays                              26 biweekly pay periods

6 to 21 workdays                                13 biweekly pay periods

Additional provisions to educational leave for Licensed Vocational Nurses shall be found in Exhibit E.

20.9 Absence Without Leave or Refusal of Leave or Failure to Return After Leave

Failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the appointing authority, or at the expiration of a leave, shall be considered an absence without leave.

Absence Without Leave

Absence from duty without leave for any length of time without a satisfactory explanation is cause for dismissal.  Absence without leave for four (4) or more consecutive days without a satisfactory explanation shall be deemed a tender of resignation.  If within thirty (30) days after the first day of absence without leave a person who has been absent makes an explanation satisfactory to the Board of Supervisors, the Board may reinstate such person.

20.10  Bereavement Leave

The County will provide up to twenty-four (24) hours paid bereavement leave upon the death of an employee’s parents, spouse, domestic partner, child (including through miscarriage or stillbirth), step-child sibling, sibling-in-law, mother-in-law, father-in-law, grandparent, grandparent-in-law or grandchild.

In addition, employees may utilize accrued sick leave pursuant to Section 19.2-4.