17.1. 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 MOU. Unless otherwise provided, or in the event of disciplinary action, involuntary transfer, lay-off, or if an employee is no longer able to perform the essential functions of the job class with or without reasonable accommodation, 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 the employee 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 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 this Section shall abridge an employee’s right under the Family and Medical Leave Act.
Total Period of Leave
Except for Disability Leaves as provided above and in Section 17.4 (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) 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) 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 employee to the Human Resources Director, whose decision shall be final.
17.2. Benefit Entitlement
Employees on leaves of absence without pay for more than two (2) 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 or in accordance with legal requirements. The entitlement to payment of the County’s portion of the premiums shall end on the last day of two (2) full 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) pay periods payment of premiums.
Where applicable, payment of the County’s portion of the insurance premiums described in this Section 21.2 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).
17.3. Seniority Rights and Salary Adjustments
Authorized absence without pay which exceeds twenty-eight (28) consecutive calendar days for either: (1) a leave of absence for personal reasons; (2) a leave of absence on account of illness or injury not compensated through Workers’ Compensation benefits; or (3) a leave of absence to fill an un-expired term in elective office shall not be included in determining salary adjustment rights or any seniority rights based on length of employment.
17.4. Job Incurred Disability Leave
(1) Job Incurred Disability Leave With Pay
(a) 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. Job incurred disability leave runs concurrently with other applicable statutory leaves, including FMLA and CFRA.
(b) 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.
(c) Application for and Approval of Job Incurred Disability Leave With Pay: 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 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’s 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.
(d) 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 runs concurrently with other applicable statutory leaves, such as FMLA and CFRA.
(2) Job Incurred Disability Leave Without Pay
(a) 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 Laws. 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 and accrued credits for sick leave. At the employee’s option, vacation and compensatory time off accruals may also be used. Job incurred disability leave runs concurrently with other applicable statutory leaves, including FMLA and CFRA.
(b) Application for and Approval of Job Incurred Disability Leave Without Pay: 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 or disability.
(c) 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, and 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) pay periods, unless otherwise determined through the interactive process.
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 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.
(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.
(4) 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 pre-condition 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.
17.6. Military Leaves of Absence
The provisions of the Military, Veterans Code of the State of California, and the Uniformed Services Employment and Reemployment Rights Act (USERRA) shall govern military leave of County employees.
17.7. Absence Due To Required Attendance in Court
Upon approval by the department head, an employee, 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 (8) 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) Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the County Treasurer through the employee’s department head.
(4) An employee required to appear in court in a matter unrelated to the employee’s County job duties or because of civil or administrative proceedings that the employee 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 Milias Brown Act or the MOU between the parties.
17.8. 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 leave of absence with pay for a maximum of sixty-five (65) working days during any fifty-two (52) 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) pay periods of continuous service and who are not 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. Educational leave of absence with pay will be granted for professional licensing exam and licensing review courses approved by the County.
The employee 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 |
17.9. Absence Without Leave
(1) 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.
(2) Absence Without Leave: Absence from duty without leave for any length of time without a satisfactory explanation is cause for dismissal. An employee is deemed to have resigned if the employee is absent for five (5) consecutive work days without prior authorization and without notification during the period of absence. Regular employees will be given an opportunity to explain the absence and failure of notification before final action is taken. An employee separated for job abandonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification.
17.10. Bereavement Leave
The County will provide up to twenty-four (24) hours paid bereavement leave upon the death of an employee’s parent, spouse, domestic partner, child (including through miscarriage or stillbirth), step-child, sibling, mother-in-law, father-in-law, grandparents, grandparent-in-law, or grandchildren.
In addition, employees may utilize accrued sick leave pursuant to Section 16.2.