§ 6.18.070. Leaving vacation.  


Latest version.
  • A.

    Any person who leaves the service of the county who, immediately prior to such separation, shall have been in county service for one year or more, shall be entitled to a leaving vacation. Payment for such leaving vacation as provided in Section 6.24.040 shall be based on the number of working days earned either during the current calendar year in the event the person began county service prior to January 1, 1967, or during the current year of continuous service in the event the person began county service on or after January 1, 1967.

    B.

    Payment for all accrued vacation may be allowed any person, except those employed on L Items, leaving county service in lieu of carrying such person on the payroll. Such payment as provided in Section 6.24.040 shall be at the workday rate of pay in effect on the employee's final day of county service.

    C.

    Notwithstanding subsection (A)(3) of Section 6.18.030 or any other provision of this Title 6, any person employed and paid as a county officer on an item designated as L pursuant to the provisions of subsection B of Section 6.28.020 shall, when he has a Separation from Service with the county, be entitled to a lump-sum payment in accordance with subsection A of this section as if he were not such an officer; provided further, that in lieu of such payment, he shall be entitled to payment equal to one week's pay at his current rate for each year of his county service up to 10 years of service, and two weeks' pay at his current rate for each year of his county service in excess of 10 years of service, provided that the total payment does not exceed 25 weeks' pay at his current rate. Further, such officer may receive additional payment in an amount approved by the board, provided the total payment made pursuant to this section does not exceed the maximum of 25 weeks' pay at his current rate. For purposes of this subsection, county service shall include any service rendered as an officer or employee of any other public entity of which the Los Angeles County board of supervisors is the governing body. Any person appointed by the board of supervisors or elected to an item designated as "L" pursuant to the provisions of subsection B of Section 6.28.020 on or after July 19, 1994, shall not be entitled to any leaving vacation benefits pursuant to this subsection C as a result of such appointment or election, but shall have the right to be paid pursuant to Section 6.08.080D for any leaving vacation or other benefits accrued prior to such appointment or election.

    1.

    Payment of the leaving vacation provided by this section 6.18.070.C shall be made on or before the 30th day following the employee's Separation from Service.

    2.

    For purposes of this section 6.18.070.C., Separation from Service occurs when the employee terminates employment (including a termination from employment due to death or retirement) with the county (and any other public entity of which the Los Angeles County board of supervisors is the governing body).

    a.

    A termination of employment will have occurred only if the county and employee reasonably anticipate that the level of bona fide services to be performed by the employee after that date (whether as an employee or an independent contractor) will permanently decrease to no more than 49% of the average level of bona fide services performed (whether as an employee or an independent contractor) over the immediately preceding testing period. For these purposes, the testing period is the preceding 36-month period or the full period of services to the county if the employee has been providing services for less than 36 months.

    b.

    A termination of employment does not occur while the employee is on a Bona Fide Leave of Absence (as defined herein) if the period of such leave does not exceed 6 months or, if longer, so long as the individual retains a right to reemployment with the county under applicable statute, ordinance or contract. A Bona Fide Leave of Absence includes military leave, sick leave or other bona fide leave of absence under applicable rules, provided that there is a reasonable expectation that the employee will return to perform services for the county. If the Bona Fide Leave of Absence exceeds 6 months and the individual does not retain a right to reemployment under applicable statute, ordinance or contract, the employment relationship is deemed to terminate on the first date immediately following that 6-month period. Notwithstanding the foregoing, if a Bona Fide Leave of Absence is due to any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than six months, and where the impairment causes the employee to be unable to perform the duties of his or her position of employment or any substantially similar position of employment, a period of 29 months is substituted for the 6-month period otherwise applicable under this provision.

    c.

    For purposes of section 6.18.070.C.2.a., for periods during which an employee is on a Bona Fide Leave of Absence (as defined in section 6.18.070.C.2.b.) and has not otherwise terminated employment, the employee is treated as providing bona fide services at a level equal to the level of services that the employee would have been required to perform to receive the compensation paid during that Bona Fide Leave of Absence. Periods during which the employee is on an unpaid Bona Fide Leave of Absence are disregarded for the purposes of section 6.18.070.C.2.a.

(Ord. 2008-0071 § 13, 2008; Ord. 94-0080 § 2, 1994: Ord. 94-0063 § 2, 1994: Ord. 94-0053 § 2, 1994: Ord. 6222 Ch. 1 Art. 10 § 186, 1953.)