§ 2.44.060. Sick leave.

(a)

All permanent full-time employees, excluding elected officials, shall be entitled to accrue sick leave based on service at the rate of one working day with pay for each month of service, provided, that permanent part-time employees shall earn and use sick leave on the same pro rata basis as their part-time schedule bears to a full-time work schedule. A working day shall consist of eight hours, or an amount proportional to part-time status.

For purposes of accrual, service shall be defined as all said work time, all paid leave time and all paid special disability (injured-on-duty) time as provided in Section 2.44.065.

For purposes of payment, total rate of pay shall be defined as salary determined by the step at which the employee is appointed in the salary range for the class to which the employee's position is assigned.

(b)

Sick leave with pay shall only be granted upon the recommendation of the department head in case of bona fide illness, or in the event of illness or death of a relative of the first degree, or domestic partner of the employee or child of such domestic partner. Evidence may be required by the department head or the board of supervisors in the form of a physician's certificate or otherwise of the adequacy of the reason for any employee's absence during the time for which sick leave is or was requested. No paid sick leave shall be granted an employee because of illness or death of a relative of the first degree, domestic partner of the employee or child of such domestic partner, in excess of six days for the death of such relative or partner, or any one occurrence of illness of such relative or partner.

(c)

A relative of the first degree means spouse, parent, child, sister, brother, grandparent and grandchild and the corresponding relative by affinity. "Child" is further defined to include biological, foster, adopted, and stepchild, a legal ward, a child of the employee's domestic partner or a child of an employee or domestic partner standing in loco parentis.

(d)

In the event an employee is absent due to a county-service-connected disability for which he/she is receiving disability indemnity payments under the workers' compensation provisions of the Labor Code, he/she may use his/her accumulated sick leave only to such an extent as will result in a combined monthly income from sick leave pay and indemnity payments which will be no greater than his/her regular salary for a like period of time until all classes of his/her accumulated leave are exhausted, or his/her disability indemnity payments are discontinued. Accumulated leave balances will be charged according to the specifications and sequence set forth in Sections 2.44.090(a), (b) and (c).

(e)

The personnel department shall maintain complete and current records of such sick leave and vacation time accumulated and taken by each employee. It shall be the duty of each department head, the personnel director and the auditor to enforce the provisions of this section.

(f)

Time taken off for cause other than those mentioned in subsections (a) through (d) of this section, Sections 2.44.030 or 2.44.050, or otherwise authorized by law, shall be deducted from the employee's salary on the basis provided in Section 2.48.050.

(g)

Sick leave shall not be used in lieu of or in addition to vacation leave.

(h)

No employee shall be entitled to sick leave while absent from duty on account of any of the following causes:

(1)

Disability arising from any sickness or injury purposely self-inflicted or caused by his/her willful misconduct;

(2)

Sickness or disability sustained while on unpaid leave of absence.

(i)

(1)

The termination of an employee, other than those specified in subsection (i)(2) or (i)(3) of this section, who has five years or less service with the county as a permanent employee, shall abrogate all sick leave accumulated to the date of termination and the employee shall not be compensated in any way for such sick leave. Upon termination of an employee other than those specified in subsection (i)(2), of this section, who has more than five years of service with the county as a permanent employee, such employee shall be entitled to receive payment for one-half of his or her accrued sick leave to a maximum of one-half of one hundred eighty days at the employee's rate of pay as of the date of termination; provided, that in the event of disciplinary suspension, or termination by dismissal or other disciplinary action, the employee shall not be entitled to any payment for any accrued sick leave. Administrative provisions governing the payment of such sick leave may be adopted pursuant to board of supervisors approved resolution.

(2)

For that class of all full-time employees in the sheriff's department who are peace officers, excluding management employees, and all full-time management employees in the sheriff's department who are peace officers and all full-time employees in the sheriff's department who are correctional officers, the following provisions apply:

The termination of an employee who has five years service or less with the county as a permanent employee shall abrogate all sick leave accumulated to the date of termination and the employee shall not be compensated in any way for such sick leave.

For that class of employees who on or before December 31, 1977, had more than five years' service with the county as a permanent employee, or who, after December 31, 1977 has more than ten years service with the county as a permanent employee, shall upon termination be entitled to receive payment for one-half of his her accrued sick leave to a maximum of one-half of one hundred eighty days at the rate of pay as of the date of termination; provided, that in the event of disciplinary suspension, or termination by dismissal or other disciplinary action, the employee shall not be entitled to any payment for accrued sick leave. An employee laid off because of a reduction in force shall not be entitled to payment for accrued sick leave unless the employee foregoes placement on the reemployment list, or until such time as the employee is removed from the reemployment list.

(3)

For purposes of employees in clerical, public services, supervisory, and trades, crafts and services units of representation, the following shall apply: The termination of an employee other than those specified in subsection (i)(2) of this section, who has five years or less service with the county as a permanent employee, shall abrogate all sick leave accumulated to the date of termination and the employee shall not be compensated in any way for such sick leave. Upon termination of an employee other than those specified in subsection (i)(2) of this section, who has more than five years of service with the county, such employee shall be entitled to receive payment for one-half of his or her accrued sick leave to a maximum of one-half of one hundred eighty days at the employee's annual average rate of pay as of the date of termination; provided that in the event of disciplinary suspension, or termination by dismissal or other disciplinary action, the employee shall not be entitled to any payment for any accrued sick leave. The annual average rate of pay is established the last full pay period in December of each year and is the straight average of the prior year's average and the employee's current rate of pay. Employees, other than those specified in subsection (i)(2) of this section, laid off because of a reduction in force, shall not be entitled to payment for accrued sick leave unless such employee forgoes placement on the reemployment list, or until such time as the employee is removed from the reemployment list.

(j)

Pursuant to board of supervisors approved memorandum of understanding or resolution, permanent employees shall be entitled to exchange sick leave hours for vacation.

(k)

In the event an employee is absent due to a disability for which he/she is receiving disability insurance payments from the State Disability Insurance Program (SDI) he/she may use his/her accumulative sick leave only to such an extent as provided for in a current memorandum of understanding or board of supervisors resolution covering the coordination of SDI benefit payments with payment for leave balances. Accumulated leave balances will be charged according to the specifications and sequence set forth in Section 2.44.090(a), (b) and (c).

(l)

Unless otherwise provided by a board of supervisors' memorandum of understanding or by board of supervisors resolution, accrual of sick leave shall be limited to one hundred eighty working days.

(m)

A permanent employee who has worked for the county five years or less from the date of hire, shall abrogate all sick leave accumulated to the date of termination and the employee shall not be compensated in any way for such sick leave. Upon termination of an employee who has worked more than five years from the date of hire with the county as a permanent employee, such employee shall be entitled to receive payment for one-half of his or her accrued sick leave to a maximum of one-half of one hundred eighty days at the employee's rate of pay as of the date of termination; provided, that in the event of disciplinary suspension, or termination by dismissal or other disciplinary action, the employee shall not be entitled to any payment for any accrued sick leave. Administrative provisions governing the payment of such sick leave may be adopted pursuant to board of supervisors approved resolution.

(n)

Employees laid off because of a reduction in force, shall not be entitled to payment for accrued sick leave unless such employee forgoes placement on the reemployment list, or until such time as the employee is removed from the reemployment list.

(Ord. 3061 § 1 (part), 2005: Ord. 2980 § 1, 2002; Ord. 2282 § 1, 1986; Ord. 2118 § 1, 1983; Ord. 2108 § 3, 1982; Ord. 2104 § 4, 1982; Ord. 2072 § 6, 1981: Ord. 2035 § 2, 1980: Ord. 1844 § 1, 1977: Ord. 1525 §§ 1, 2, 1975; Ord. 1491 § 2 (part), 1975; Ord. 1189 §§ 5, 6, 1971: Ord. 1051 § 6, 1969: Ord. 757 § 1 (part), 1964: Ord. 697 § 1 (part), 1963: Ord. 552 § 2 (part), 1961: prior code § 2-031.3)