Chapter 3.76
LEAVE OF ABSENCE WITH PAY Revised 5/19

Sections:

3.76.010    Jury Duty.

3.76.020    Time Off for Examinations.

3.76.030    Bereavement Leave. Revised 5/19

3.76.035    Use of Accrued Leave for Bereavement Purposes. Revised 5/19

3.76.040    Military Leave.

3.76.045    Active Duty Differential Payment.

3.76.050    Employees as Witnesses in Court.

3.76.060    Administrative Leave.

3.76.010 Jury Duty.

Leave with pay will be granted for jury duty to regular full-time and regular part-time employees, provided that the employee provides notice to the supervisor within five working days of receipt of the summons. Failure to provide notice may result in unpaid leave. Qualifying regular full-time employees shall be paid the difference between the jury fees actually received, excluding travel fees, and the amount of actual straight time or earnings lost by reason of such jury duty. Qualifying regular part-time employees shall be paid the difference between the jury fees actually received, excluding travel fees, and the value of the amount of straight time work for which the employees were scheduled and which was lost by reason of such jury duty. (Ord. 2008-106s § 1 (part), 2008; Ord. 92-163 § 1 (part), 1993; Ord. 82-56 § 2 (part), 1982; prior Code 6.41.010)

3.76.020 Time Off for Examinations.

All employees shall be entitled to necessary leave with pay to take qualifying, follow-up promotional examinations, and interviews for County positions. (Ord. 82-56 § 2 (part), 1982; prior Code § 6.41.020)

3.76.030 Bereavement Leave. Revised 5/19

In the event of a death of a family member of a regular full-time or regular part-time employee, including those serving the initial probationary period, three working days off to a maximum of 24 hours with pay shall be granted to attend the funeral or complete burial arrangements for each death which occurs. A regular part-time employee shall receive a pro-rata share of bereavement leave based on the employee's standard hours in a work week. The family members to whom this Section applies are spouse, domestic partner, parent, foster parent, sibling, child, foster child, grandparent, or grandchild of the employee and like relatives of the spouse/domestic partner of the employee, or other person with whom the employee had lived in loco parentis, and like relatives of the spouse/domestic partner of the employee. Family members also include biological, adopted, step, in-law or foster members. For purposes of this Chapter, "in loco parentis" shall mean those persons who had day-to-day responsibility to care for and financially support the employee on a long-term basis, when the employee was a child. Proof of such relationship may be required. A biological or legal relationship is not necessary. An additional three days of other accrued leave, per occurrence, may be used for bereavement purposes where the employee is required to travel out-of-state to attend the funeral or complete the final arrangements. Such leave may be authorized by the department director or designee in writing. (See also PCC 3.76.035, Use of Accrued Leave for Bereavement Purposes.) Bereavement leave may be used up to 14 calendar days prior to or up to 14 calendar days after the death of the eligible family member at the employee's option, or when authorized for a different time frame by the Human Resources Director due to extenuating circumstances. (Ord. 2019-11 § 1 (part), 2019; Ord. 2010-29 § 2 (part), 2010; Ord. 2008-106s § 1 (part), 2008; Ord. 2007-108 § 2 (part), 2007; Ord. 98-123 § 1 (part), 1998; Ord. 97-1 § 3, 1997; Ord. 92-163 § 1 (part), 1993; Ord. 87-31 § 2, 1987; Ord. 82-56 § 2 (part), 1982; prior Code § 6.41.030)

3.76.035 Use of Accrued Leave for Bereavement Purposes. Revised 5/19

Authorized use of the additional three days of leave for bereavement purposes in PCC 3.76.030 for out-of-state travel may be taken from the employee's accrued sick leave balance, accrued vacation leave balance, accrued compensatory time, accrued furlough time, or accrued personal holiday at the employee's option.

Employees who have not completed the initial 13 accruable pay cycles are not eligible to use vacation leave. The additional three days may be approved as leave without pay if all other available accruals except sick leave have been exhausted.

Employees may be allowed additional time off with appropriate approvals for the use of accrued vacation leave balance, accrued compensatory time, accrued furlough time, or accrued personal holiday. Additional employee use of sick leave may be allowed under the provisions of Chapter 3.68 PCC, Sick Leave. (Ord. 2019-11 § 1 (part), 2019; Ord. 2016-84 § 1 (part), 2016; Ord. 2008-106s § 1 (part), 2008)

3.76.040 Military Leave.

Paid leaves of absence shall be granted in accordance with Chapter 3.81. Such leave will be in addition to any vacation leave to which an employee might otherwise be entitled. (Ord. 2008-106s § 1 (part), 2008; Ord. 98-123 § 1 (part), 1998; Ord. 92-163 § 1 (part), 1993; Ord. 82-56 § 2 (part), 1982; prior Code § 6.41.040)

3.76.045 Active Duty Differential Payment.

Regular full-time or regular part-time employees may be eligible for active duty differential payment as provided in Section 3.81.055. (Ord. 2008-106s § 1 (part), 2008; Ord. 2006-127 § 2, 2006; Ord. 2004-29s § 1, 2004)

3.76.050 Employees as Witnesses in Court.

Employees may receive their normal daily salary when testifying in court in connection with and as a result of performance of their regular duties as a County employee and public officer, provided their salary shall be reduced by any compensation they receive for being a witness unless the employee promptly remits the same to the County. Reimbursement to the employee for travel, lodging, food or other actual expenses will not be considered compensation for being a witness, but reimbursement.

Employees must notify their department director in advance and receive approval to attend.

(Ord. 92-163 § 1 (part), 1993)

3.76.060 Administrative Leave.

Upon the recommendation of the Appointing Authority and approval of the Human Resources Director, a Career Service employee may be placed on administrative leave with pay pending the resolution of an administrative investigation or for other reasons determined by the Human Resources Director to be in the best interest of the County. Any employee placed on administrative leave shall be advised, in writing, of the reason for the leave and the duration thereof. A copy of the notice shall be placed in the personnel file. (Ord. 2011-28 § 1 (part), 2011; Ord. 2004-7s § 2 (part), 2004; Ord. 92-163 § 1 (part), 1993)