Section 17. Voluntary Leaves of Absence Without Pay

17.1 General

Extra-help employees shall not be entitled to leaves of absence without pay 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 without pay also grants to the extra-help 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 without pay shall be based on the presumption that the extra-help employee intends to return to work upon the expiration of the leave.

17.2 Total Period of Leave

No leave of absence without pay, or combination of leaves of absence without pay, shall exceed the amount of time off allowed under the Family and Medical Leave Act (FMLA)/California Family Rights Act (CFRA), the Pregnancy Disability Leave Law (PDLL), and all other applicable laws, and provided the extra-help employee meets the eligibility criteria as set forth in these laws. Such leave will be granted if it is sufficiently substantiated by a licensed healthcare professional’s statement.

17.3 Approval and Appeals

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

17.4 Salary Adjustments

Any authorized absence without pay shall not be included in determining salary adjustment rights, based on the length of extra-help employment.

17.5 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.