All employees, except seasonal employees, shall accrue sick leave at the rate of three and seven-tenths (3.7) hours for each two-week pay period of full-time work. Such accrual shall be prorated for any employee, except seasonal employees, who work less than full time during a pay period. For the purpose of this Section absence in a pay status shall be considered work.
Sick leave is accrued paid leave from work that can be used for any of the following purposes:
(1) Diagnosis, care, or treatment of an employee’s illness, injury, health condition, or exposure to contagious disease which incapacitates him/her from performance of duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom as determined by a licensed physician, or, under the Kaiser plan, a licensed health care professional. Use of accrued sick leave shall run concurrently with applicable statutory leaves, such as Family Medical Leave.
(2) The employee’s receipt of preventative care or required medical or dental care or consultation.
(3) The employee’s attendance, for the purpose of diagnosis, care, or treatment of an existing health condition of, or preventative care, on a member of the immediate family who is ill. For the purpose of this Section 16.2, immediate family means parent, spouse, domestic partner (defined as registered domestic partner under California Family Code § 297), son, daughter, sibling, stepchildren, mother‑in‑law, father‑in‑law, grandparents or grandchildren.
(4) The employee’s preparation for or attendance at the funeral of a member of the immediate family. For the purpose of preparation for or attendance at a funeral, immediate family also includes son-in-law, daughter-in-law, grandparents-in-law and siblings-in-law. Use of sick leave for this expanded definition is limited to a maximum of five (5) days if travel is required.
(5) The employee’s attendance to an adoptive child or child born to the employee or the employee’s spouse/domestic partner for up to six (6) weeks immediately after the arrival of the child in the home.
Qualifying employees are eligible for up to twelve (12) weeks of bonding leave under the California Family Rights Act (CFRA). Sick leave used concurrently with CFRA leave for the purpose of bonding following the birth, adoption or foster care placement of a child of the employee must be concluded within one (1) year of the birth or placement of the child. The basic minimum duration of such leave is two (2) weeks. However, an employee is entitled to leave for one of these purposes (e.g. bonding with a newborn) for less than two (2) weeks duration on any two (2) occasions.
- An employee who is a victim of domestic violence, sexual assault, or stalking may use up to one half (1/2) of his or her annual sick leave allotment to:
- obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or his or her child; or
- obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.
16.3. Procedures for Requesting and Approving Sick Leave
When the requirement for sick leave is known to the employee in advance of his/her absence, the employee shall request authorization for sick leave at such time, in the manner hereinafter specified. In all other instances the employee shall notify his/her supervisor as promptly as possible by telephone or other means. Before an employee may be paid for the use of accrued sick leave he/she shall complete and submit to his/her department head a request with the dates and hours of absence and such other information as is necessary for the request to be evaluated. If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the department head and the Controller. The sick leave form shall be treated confidentially and be kept in a confidential file. The department head may require a physician’s statement from an employee who applies for sick leave or make whatever investigation into the circumstances that appears warranted before taking action on the request.
16.4. Accounting for Sick Leave
Sick leave may be used in increments of six (6) minutes.
When an employee who has been working in a seasonal or extra help category is appointed to a permanent position such appointee may receive credit for such extra help or seasonal period of service in computing accumulated sick leave, provided that no credit shall be given for service preceding any period of more than twenty-eight (28) consecutive calendar days in which an employee was not in a pay status.
If an employee who has unused sick leave accrued is laid off and subsequently re-employed in a permanent position, such sick leave credits shall be restored to him/her upon reemployment. The employee shall not have any portion of sick leave credits restored for which he/she received compensation at the time of or subsequent to the day of layoff.
16.6. Incapacity to Perform Duties
If the appointing authority has been informed through a doctor’s report of a medical examination that an employee is not capable of properly performing his/her duties, he/she may require the employee to absent himself/herself from work until the incapacity is remedied. During such absence the employee may utilize any accumulated sick leave, vacation, holiday and compensatory time.
16.7. Use of Sick Leave While on Vacation
An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee:
(1) Was hospitalized during the period for which sick leave is claimed, or
(2) Received medical treatment or diagnosis and presents a statement indicating illness or disability signed by a physician covering the period for which sick leave is claimed, or
(3) Was preparing for or attending the funeral of a member of the immediate family.
No request to be paid for sick leave in lieu of vacation will be considered unless such request is made and the above substantiation is provided within fourteen (14) calendar days of the employee’s return to work.
16.8. Sick Leave During Holidays
Paid holidays shall not be considered as part of any period of sick leave, unless the employee is scheduled to work on that holiday.