§ 6.20.080. Other Leaves of Absence.  


Latest version.
  • A.

    Bereavement Leave. Any person employed in a full-time permanent position who is compelled to be absent from duty because of death of his father, mother, stepfather, stepmother, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, husband, wife, child, stepchild, grandfather, grandmother, great grandfather, great grandmother, grandchild, domestic partner or domestic partner's father, mother, stepfather, stepmother, child, stepchild, or grandchild, shall be allowed the time necessary to be absent from work at his regular pay for not more than three working days, or in the case of employees employed on a 56-hour workweek in the Probation Department, not more than 36 working hours, and all other employees employed on a 56-hour workweek not more than 33 working hours; and in addition, an employee may use not more than two working days of accrued holiday, vacation, personal leave, full pay sick leave, nonelective annual leave, elective annual leave, or compensatory time, or taken as time without pay, as designated by the employee, for a total of five working days. Effective January 1, 1999, an employee, who is required to travel a minimum of 500 miles one-way in connection with such absence, shall be eligible to receive a total of five working days of bereavement leave without needing to use his accrued holiday, vacation, personal leave, full pay sick leave, nonelective annual leave, elective annual leave, or compensatory time. Notwithstanding any other provisions of this Section A, any person employed on a monthly permanent 9/10 time position (Item Sub "D") shall receive 24 hours of bereavement leave.

    B.

    Civil Service Examinations. Any employee shall be allowed time necessary to be absent from work at his regular pay to participate in civil service examinations for positions with any public entity as defined in Section 6.04.080 of this Code.

    C.

    Military Leave.

    1.

    Any employee shall be allowed a military leave of absence with pay in accordance with the applicable provisions of law, including, but not limited to, those contained in the County Charter, the California Military and Veterans Code, and the Federal Uniformed Service Employment and Reemployment Rights Act of 1994.

    2.

    Definitions. The following terms when used within this section with initial capital letters, unless the context clearly indicates otherwise, shall have the following respective meanings:

    a.

    "Active Military Service" means full-time active duty within a branch of the United States armed forces.

    b.

    "Regular County Pay" means the compensation an employee would have otherwise received from the County during a period of Active Military Service if the employee had remained continuously at work during said period. Regular County Pay shall include an employee's base rate of pay plus any other compensation provided by this Code or by memorandum of understanding approved by the Board of Supervisors for the position and assignment the employee would have held with reasonable certainty if not for absence due to Active Military Service. Regular County Pay shall not include overtime pay unless such pay is for regular recurring overtime work incorporated into an employee's regular work schedule for at least 60 days immediately prior to the commencement of Active Military Service. Regular recurring overtime work for this purpose may include overtime work on a second County position if such second position was held by the employee on a continuous basis for a period of at least 60 days immediately prior to the commencement of Active Military Service. The Chief Executive Officer shall issue all necessary instructions and administrative guidance relating to the determination and calculation of Regular County Pay.

    c.

    "Military Pay" means the sum of an employee's estimated basic military pay and estimated basic allowance for housing unless the employee, at his or her initiative, provides proof that the sum of his or her actual basic military pay and actual basic allowance for housing is lower than the estimated sum, in which case, Military Pay shall be the sum of the actual amounts. All estimates of military pay shall be prepared in accordance with the instructions issued by the Chief Executive Officer. Proof of actual military pay amounts, where applicable, shall take the form of military pay records or such other information as may be determined appropriate by the Chief Executive Officer.

    3.

    Except as provided in subsection 4 of this section, any employee who, as a member of the California National Guard or a United States military reserve organization, is called into Active Military Service, shall be allowed a military leave of absence for a period not to exceed 720 days at his or her Regular County Pay offset by the Military Pay received for such military service. If such employee is entitled to receive benefits pursuant to Section 395.01 or 395.02 of the California Military and Veteran's Code, the provisions of this section shall be in addition to and shall follow the termination of those benefits.

    4.

    Notwithstanding subsection 3 of this section, the 720-day limit provided for in said subsection may be suspended by specific action of the Board of Supervisors for such period or periods specifically designated by the Board of Supervisors.

    5.

    In addition to the compensation provided by Sections 395.01 and 395.02 of the California Military and Veteran's Code, any employee who is on a continuous military leave of one year or more shall, commencing with the second continuous year of such leave, be entitled to up to 30 days per year of paid military leave calculated in the manner otherwise authorized by said sections. Compensation provided by this subsection 5 shall be calculated at the Regular County Pay rate with no reduction or offset for Military Pay and shall be in lieu of the compensation otherwise provided by this Section 6.20.080C for the same period of leave.

    6.

    Any period during which an individual receives paid military leave pursuant to this Section 6.20.080C shall be deemed a period of "active service" within the meaning of Section 6.04.010 of this Code.

    7.

    Any individual who receives paid military leave pursuant to this Section 6.20.080 who does not return to County service within the timeframe set forth within the Uniformed Service Employment and Reemployment Rights Act of 1994, unless said individual is unable to return due to disability or death, shall have that compensation deemed a loan payable with interest at the rate not to exceed 50 basis points higher than that earned by the County Treasury Pool as of the quarter repayment begins.

    D.

    Jury Duty. Any employee in a permanent position who is ordered to serve on a jury shall be allowed the necessary time to be absent from work at his regular pay, provided he deposits any fees received for such jury service with the County treasurer. Further, upon prior notice from the employee, and subject to receipt of a "certificate of jury service," the department head will, when appropriate, and in accordance with regulations issued by the Chief Administrative Officer, convert the employee's usual shift to the department's regular five-day (40 hours per week), Monday through Friday day shift, during the period of time he is subject to reporting to the court for jury duty.

    E.

    Witness Leave.

    1.

    Any full-time permanent employee who is required to be absent from work by a subpoena properly issued by a court, or an agency or commission legally empowered to subpoena witnesses, which subpoena compels his presence as a witness, except as a party or as an expert witness, shall be allowed the time necessary to be absent from work at his regular pay to comply with such subpoena, provided he deposits his fees received for such service with the County treasurer.

    2.

    Any full-time permanent employee who is required by ordinance, rule, or the Charter to be absent from work to represent himself at an administrative proceeding at which his individual employment or pay status is at issue shall be allowed the time necessary to be absent from work at his regular pay.

    F.

    "Time necessary to be absent from work" as used in this section, does not include any time during which the employee is "on-call" or his presence in a proceeding is not required.

    G.

    1.

    Notwithstanding any other provision of this Title 6, in lieu of other vacation and holiday allowances, persons employed as a Physician, Post Graduate (First Year) (Item 5408), Physician, Post Graduate, (Second through Seventh Year) (Item 5411), Dental Intern (Item 4757), Dental Resident (Item 4760), or Supervisor of Residents, MD (Item 5415) who are assigned to a County hospital for any one contractual period of at least two months, or its equivalent (four months for those employees on half-time items), shall earn two working days of paid leave per month, of which 10 working days may be deferred each year. Upon completion of their term as Physician, Post Graduate (First Year) or Dental Intern, a lump-sum payment may be made for such accrued time. Further, upon completion of their term as Physician, Post Graduate (Second through Seventh Year), Dental Resident, or Supervisor of Residents, MD, a lump-sum payment may be made for such accrued time. Whenever the sum of an employee's current and deferred vacation exceeds 40 days, that portion in excess of 40 days may be deferred for no more than one year. If, at the end of that year, an employee still has current and deferred vacation in excess of 40 days, he shall lose that portion in excess of 40 days.

    2.

    Notwithstanding the above, any employees in such classifications who are not scheduled to work on a County holiday as defined in Section 6.12.040 shall not be charged a working day of paid leave for such day, unless such day falls within a period for which they have taken leave.

    3.

    For those employees on half-time positions, the number of days referred to above shall be prorated accordingly.

    H.

    Iraq-Kuwait Crisis.

    1.

    Subject to the provisions of subsections H2 and 3 of this section, any employee who, as a member of the California National Guard or a United States Military reserve organization, is called into active duty as a result of the Iraq-Kuwait crisis and is allowed military leave, shall be entitled to receive, for a period not to exceed 360 days, his regular pay offset by the military pay received for such duty. If such employee is entitled to receive benefits pursuant to Sections 395.01 or 395.02 of the Military and Veteran's Code, the provisions of this section shall be in addition to and shall follow the termination of those benefits.

    2.

    Any individual who receives compensation pursuant to subsection H1 of this section who does not return to county service within 60 days of being released from active duty, unless said individual is unable to return due to disability, shall have that compensation deemed a loan payable with interest at the rate not to exceed 50 basis points higher than that earned by the County Treasury Pool as of the quarter repayment begins.

    3.

    The provisions of this subsection shall not apply to any active duty served voluntarily after the close of the Iraq-Kuwait crisis and shall be repealed effective July 1, 1992.

    I.

    Bosnia.

    1.

    Subject to the provisions of subsections I2 and I3 of this section, any employee who, as a member of the California National Guard or a United States Military reserve organization, is involuntarily called into active duty as a result of Operation Joint Guard or other NATO missions in Bosnia and is allowed military leave, shall be entitled to receive, for a period not to exceed 360 days, his regular pay offset by the military pay received for such duty. If such employee is entitled to receive benefits pursuant to Section 395.01 or 395.02 of the Military and Veteran's Code, the provisions of this section shall be in addition to and shall follow the termination of those benefits.

    2.

    Any individual who receives compensation pursuant to subsection I1 of this section who does not return to County service within 60 days of being released from active duty, unless said individual is unable to return due to disability, shall have that compensation deemed a loan payable with interest at the rate not to exceed 50 basis points higher than that earned by the County Treasury Pool as of the quarter repayment begins.

    3.

    The provisions of this subsection shall not apply to any active duty served voluntarily and shall be repealed effective July 1, 1999.

    J, K.

    Reserved.

    L.

    Family Medical Leave. Effective January 1, 2004. Subject to the provisions of the Federal Family and Medical Leave Act and the California Family Rights Act, spouse shall be deemed to include a domestic partner as defined in Chapter 2.210 of the Los Angeles County Code. Nothing in this section is intended to provide additional benefits beyond that which is mandated by Federal or State law, except that a domestic partner and his or her children may qualify an employee as eligible for Family Medical Leave/California Family Rights Act.

(Ord. 2018-0047 § 24, 2018; Ord. 2015-0063 § 35, 2015; Ord. 2012-0043 § 14, 2012; Ord. 2005-0019 § 17, 2005; Ord. 6222 Ch. 1 Art. 11 § 240, 1953.)