All unit members, except extra help, shall accrue sick leave at the rate of 3.7 hours for each biweekly pay period of full-time work. Such accrual shall be prorated for any unit member, except extra help, who work less than full time during a calendar month. 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:
- Diagnosis, care, or treatment of a unit member’s illness, injury, health condition, or exposure to contagious disease which incapacitates them from performance of duties. This includes disabilities 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.
- The unit member’s receipt of preventative care or required medical or dental care or consultation.
- The unit member’s attendance, for the purposes of diagnosis, care, or treatment of an existing health condition of, or preventative care, of a member of the immediate family who is ill. For purposes of this Section 15.2, 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.
- The unit member’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.
- 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.
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 their 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 their 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.
15.3 Procedures for Requesting and Approving Sick Leave
When the requirement for sick leave is known in advance of the absence, unit members shall request authorization for sick leave at such time, in the manner hereinafter specified. In all other instances unit members shall notify their supervisor as promptly as possible by telephone or other means. Before unit members may be paid for the use of accrued sick leave they shall complete and submit to their department head a signed statement, on a prescribed form, stating the dates and hours of absence, the exact reason, and such other information as is necessary for their request to be evaluated. If a unit member does not return to work prior to preparation of the payroll, other arrangements may be made with the approval of the department head and the Controller. The department head may require a physician’s statement from a unit member who applies for sick leave, or make whatever investigation into the circumstances that appears warranted before taking action on the request.
15.4 Accounting for Sick Leave
Sick leave may be used in increments no smaller than six (6) minutes. Payment for sick leave used shall be at the unit member’s base pay plus applicable differential, if any, as provided in Section 32.
When a unit member who has been working in an extra help category is appointed to a permanent position such appointee may receive credit for such extra help 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 a unit member was not in a pay status.
If a unit member who has unused sick leave accrued is laid off and subsequently reemployed in a permanent position, such sick leave credits shall be restored to them upon reemployment. The unit member shall not have any portion of sick leave credits restored for which they received compensation at the time of or subsequent to the day of layoff.
15.6 Incapacity to Perform Duties
If the appointing authority has been informed through a doctor’s report of a medical examination that a unit member is not capable of properly performing their duties, they may require the unit member to absent themself from work until the incapacity is remedied. During such absence the unit member may utilize any credits for sick leave, vacation and compensatory time which they may have accrued.
15.7 Use of Sick Leave While on Vacation
A unit member who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the unit member:
- was hospitalized during the period for which sick leave is claimed, or
- 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
- 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 twenty (20) working days of the unit member’s return to work.
15.8 Sick Leave During Holidays
Paid holidays shall not be considered as part of any period of sick leave, unless the unit member is scheduled to work on that holiday.
15.9 Bereavement Leave
The County will provide up to twenty-four (24) hours paid bereavement leave upon the death of a unit member’s parent, spouse, domestic partner, child (including through miscarriage or stillbirth), step-child, sibling, mother-in-law, father-in-law, grandparents, or grandchildren.
In addition, unit members may utilize accrued sick leave pursuant to Section 15.2-4.