§ 2.44.040. Leave of absence without pay.

(a)

An employee with permanent status, or with the right to return to such status, may be granted a leave of absence without pay. Requests for leave of absence for twenty working days or less shall be in writing and shall require approval of the department head and notice shall be given to the personnel director if approval is granted. All requests for leave of absence in excess of twenty working days shall be in writing and shall require the approval of the department head and the personnel director. The personnel director shall have the authority to extend the period of leave of absence upon written application being made to him/her showing good cause for such extension. Leave of absence without pay may be granted for the following reasons:

(1)

Illness of the employee or a member of his immediate family; pregnancy and pregnancy disability as provided by the Fair Employment and Housing Act; and adoption for the purpose of parental bonding as provided by the Family Medical Leave Act and California Family Rights Act;

(2)

To enable an employee to attend school or obtain training designed to improve the value of service to the public;

(3)

To enable an employee to accept appointment in the unclassified service;

(4)

To permit an employee to be loaned temporarily to another governmental agency for specific assignment;

(5)

For any other reason which the personnel director approves as being in the public interest.

(b)

Qualifying probationary employees may be granted a leave of absence without pay pursuant to subsection (a) of this section.

(c)

Leave of absence to enter the armed forces of the United States shall be granted employees in the classified service in accordance with the provisions of Section 2.40.080(14). Leaves of absence for reserve military duty shall be granted employees in the classified service in accordance with the provisions of the California Military and Veterans Code. None of the restrictive or limiting regulations with respect to leave of absence as set forth in subsections (a) and (h) of this section shall apply to leaves of absence for military service.

(d)

No leaves of absence, with or without pay, shall be approved or granted where it appears that it is requested for a purpose contrary to the good of the county service.

(e)

At the expiration of a leave of absence or earlier if the appointing authority approves, an employee on leave shall be returned to his former position or to another position which the personnel director finds has substantially similar duties and responsibilities, qualification requirements and compensation. Except as specified herein with respect to an employee on leave pending an application for disability retirement, the personnel director may refuse to reinstate an employee if he is no longer physically able to perform the duties of the class as prescribed by the Civil Service Commission Rules. Then an employee is on leave of absence pending a determination of the employee's application for disability retirement with the county pension trust and if the board of pension trustees finds that the employee is not permanently disabled from performing his duties and denies said application, then the leave shall be terminated and the employee shall have the right to be returned to his former position or to another position in the same department which has substantially similar duties and responsibilities, qualification requirements and compensation consistent with the decision of the board. Upon mutual agreement of the employee and the personnel director, the employee may be returned to another position with substantially similar duties and responsibilities in another department. Upon receipt of the final decision of the board, the personnel director will notify the employee in writing of the expiration date of the leave of absence and of the provisions of subsection (f) of this section.

(f)

Failure to report within five working days following an expiration of a leave of absence shall be grounds for termination.

(g)

No holiday pay shall be paid to an employee on a leave of absence without pay.

(h)

Individual leaves of absence without pay shall be limited to twenty-four months within a thirty-six-month period.

(Ord. 2848 (part), 1999; Ord. 2759 §§ 1—3, 1996; Ord. 2322 § 1, 1987; Ord. 2072 § 3, 1981: Ord. 2058 § 1, 1981: Ord. 2047 § 1, 1980: Ord. 1491 § 2 (part), 1975; Ord. 1189 § 3, 1971: Ord. 1051 § 5, 1969: Ord. 1028 § 2, 1969: Ord. 757 § 1 (part), 1964: Ord. 552 § 2 (part), 1961: prior code § 2-031.1)