2.84.620 Leaves of absence.
A. Leave of Absence Without Pay. Leaves of absence without pay, up to a period of one hundred eighty calendar days, providing that all accrued vacation and compensatory time have been exhausted, may be granted to an employee upon the recommendation of the department head with the approval of the city manager. No leave of absence shall be granted to allow an employee to accept other employment on a trial basis. Leaves of absence for a period of time longer than one hundred eighty calendar days must be recommended by the department head and approved by the city manager. Employees on authorized leave of absence without pay shall not accrue vacation, holiday or sick leave benefits during such leave. Employees on such leaves for a full biweekly pay period shall pay for their own health plan insurance.
B. Unauthorized Leave of Absence. Unauthorized leave of absence shall be considered to be without pay and reductions in the employees pay shall be made accordingly. Unauthorized leave of absence for more than two consecutive working days shall result in automatic termination of employment unless the employee can demonstrate that such absence was due to circumstances beyond his or her control.
C. Military Leave of Absence. Military leave shall be granted in accordance with the provisions of state and federal laws. All employees entitled to military leave shall give the department concerned an opportunity, within the limits of military regulations, to determine when such leave shall be taken.
D. Leaves of Absence With Pay—Designated Personnel. Employees designated by the letters “C” or “D” preceding each class title in the Schedule of Salaries and Related Benefits as adopted by resolution of the city council may be granted administrative leave of absence with pay by the department head with the approval of the city manager.
E. Jury Duty—Leave of Absence. Employees required to report for jury duty on a scheduled workday shall be granted a leave of absence from their assigned duties until release by the court. Employees released from jury duty must report for work when practical as determined by his or her supervisor.
F. Maternity—Leave of Absence. Any employee disabled due to pregnancy, childbirth or related medical conditions may use disability (where available), accrued sick leave, accrued vacation, other accrued leave (where available) or unpaid medical leave of absence for the period during which such disability exists, not to exceed six months, except as approved by the city manager upon recommendation of the department head.
An employee requesting maternity leave must provide thirty days notice, unless the related medical condition is unforeseeable, to the department head, as well as the estimated duration of the maternity leave.
G. Family Care—Leave of Absence. Accrued vacation, other accrued leave (where available), or unpaid leave of absence not to exceed twelve weeks in any twelve-month period shall be granted to an employee who has accrued more than one year of continuous service with the city and has worked at least one thousand two hundred fifty hours within the previous twelve-month period for the following purposes:
1. The birth, adoption or serious illness of a child, including the placement of a child in foster care. An employee seeking to take a leave for the birth of a child or placement of a child in adoption or foster care must take the leave during the twelve-month period immediately following the birth or placement.
2. The serious illness of a spouse, child or parent.
3. The employee’s own serious illness.
a. Leave provided for in this subsection may be taken in one or more periods, but shall not exceed a total of twelve weeks within a twelve-month period from the date the leave commenced.
b. Leave is available only for an illness which involves either in-patient care or continuing treatment by a health care provider. Covered conditions include any serious or chronic health condition involving continuing treatment by a health care provider and causing more than three days absence from work, school or other regular daily activity or which, if left untreated, would result in such absence.
c. “Continuing treatment by a health care provider” is defined as two or more treatments by such provider, or one treatment followed by a regimen of continuing treatments, such as physical therapy. This includes being supervised by a health care provider, without necessarily being actively treated, due to a serious long-term or chronic condition or disability which cannot be cured.
d. Medical verification for the leave period requested is required for the employee or ill family member.
e. Employees are required to give at least thirty days’ written notice in the event of a foreseeable leave. In unexpected or unforeseeable situations, an employee should provide as much written notice as is practicable.
f. In granting a leave of absence pursuant to the Family and Medical Leave Act of 1993 (FMLA) the city requires employees to utilize all accrued vacation and other accrued leave (where available) during the twelve weeks of leave. In granting a leave of absence pursuant to the California Family Rights Act (FRA), the city requires employees to utilize all accrued vacation and other accrued leave (where available) during the twelve weeks of leave for the employees own serious health condition. However, the city and the employee may mutually agree to the use of accumulated leave in the instance of leave under FRA for the birth, adoption or foster care of a child, or to care for a child, parent or spouse with a serious health condition. The balance of the twelve-week period shall be an unpaid leave of absence.
g. Employees retain “employee” status while on family care leave. The leave does not constitute a break in service for purposes of longevity, and/or seniority. However, an employee on unpaid family care leave does not continue to accrue vacation leave, sick leave or any form of leave based upon hours worked.
h. Pregnancy disability leave is provided for in subsection F.
i. Employee health benefits shall be maintained under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period. Employees utilizing all accrued vacation and other accrued leave (where available) during the twelve weeks of leave shall continue to pay their employee contributions for health benefits. Employer may recover its premium if employee fails to return from leave for reasons other than serious health condition or other circumstances beyond employees control.
j. Any other conditions or interpretations of this leave shall be based upon the Federal Family and Medical Leave Act and California Family Rights Act.
k. All leaves of absence without pay not covered by this subsection shall be requested pursuant to subsection A.
H. Community Service—Leave of Absence. Leave of absence with pay, not to exceed one full working day in any twelve-month period, may be granted an employee upon the recommendation of the department head and the approval of the city manager if such leave is determined to provide a community service and is in the best interests of the city. (Ord. 4903 § 1, 2017; Ord. 4154 § 1, 2003; Ord. 3690 § 1, 1995; Ord. 3426 § 2, 3, 1992; Ord. 3037 § 1, 1986; Ord. 2567 § 5, 1980; prior code § 3.18.220)