Rule 420 Leaves of Absence

 

 

Rule 420

Leaves of Absence

 

Applicability:    Rule 420 shall apply to all Service-Critical classes of the Municipal Transportation Agency (MTA), except that the provisions of Rule 420 may be superseded in whole or in part by the collective bargaining agreement. However, all definitions in this Rule are applicable to employees in all classes.

 

         Article I:         Leaves of Absence - General Requirements

 

         Article II:       Sick Leave - General Provisions

 

         Article III:      Sick Leave with Pay

 

         Article IV:      Sick Leave without Pay

 

         Article V:       Compulsory Sick Leave

 

         Article VI:      Disability Leave

 

         Article VII:    Military, War Effort and Sea Duty Leaves

 

         Article VIII:   Unpaid Administrative Leave or Furlough

 

         Article IX:      Other Leaves of Absence

 

         Article X:       Appeal Procedures

 

 

 

Rule 420

Leaves of Absence

 

Article I:  Leaves of Absence - General Requirements

 

Applicability:    Rule 420 shall apply to all Service-Critical classes of the Municipal Transportation Agency (MTA), except that the provisions of Rule 420 may be superseded in whole or in part by the collective bargaining agreement. However, all definitions in this Rule are applicable to employees in all classes.

 

Sec. 420.1          Leaves of Absence - General Requirements

 

      420.1.1         Leaves of absence, hereinafter referred to in this Rule as "leave," shall be governed by the provisions of this Rule.  For the purpose of this Rule, "appointing officer" shall mean all elected officials; all department heads designated by the Charter as appointing officers; and all Boards and Commissions when officiating as appointing officers.

 

      420.1.2         Requests for leave shall be subject to the approval of the Director of Transportation/Designee.  The decision of the MTA Director of Transportation/Designee is final unless provision for appeal is specifically granted in this Rule.  Such requests for appeal shall be processed in accordance with the appeal procedure provided in this Rule.  Requests for military, maternity, or witness or jury duty leave shall be granted as provided herein.

 

      420.1.3         Beginning January 1, 2016, amendments to California Labor Code Section 233 (Kin Care Law) authorize employees to use available accrued sick leave, each calendar year to care for a “family member” or themselves, in an amount equal to one-half of their annual accrual.  Under the Kin Care Law, available accrued sick leave must be granted upon the employee’s oral or written request and the employer shall not deny the right to take such leave, or impose conditions for granting such leave, including the requirement of medical certification.

 

      420.1.4         Except for vacation leave, witness or jury duty leave, compulsory sick leave, disability leave, unpaid administrative leave or absences covered under Labor Code Section 233, an employee requesting a leave for more than five working days shall submit such request on the prescribed form to the MTA Director of Transportation/Designee. With the exceptions noted herein, requests for sick leave in excess of five (5) continuous working days shall be certified by a licensed medical doctor, doctor of dental surgery, doctor of podiatric medicine, licensed clinical psychologist, Christian Science Practitioner or licensed doctor of chiropractic.  Verification of sick leave with pay for less than five (5) working days (seven (7) calendar days in the case of part-time

Sec. 420.1          Leaves of Absence - General Requirements

 

      420.1.4         cont.

                           employees) as provided elsewhere in this Rule shall be required on an individual basis only and shall be based upon an evaluation of an employee’s leave use.  For employees taking sick leave pursuant to Administrative Code Chapter 12W, Labor Code Sections 245-249 or Labor Code Section 233, the City may take reasonable measures to verify or document that an employee’s use of sick leave is taken in accordance with Administrative Code Chapter 12W, Labor Code Sections 245-249 or Labor Code Section 233.

 

Sec. 420.1          Leaves of Absence - General Requirements (cont.)

 

      420.1.5         The leave requests shall be retained in the department and maintained in a manner so as to be readily available for audit, review, or analysis, by authorized City personnel, including the Office of Labor Standards Enforcement Staff.

 

      420.1.6         Except as otherwise provided in these Rules, leave granted for the period stated on the prescribed form may be extended or abridged only with the approval of the MTA Director of Transportation/Designee.  An employee who does not return to work on the approved date shall be deemed as away without official leave and shall be subject to automatic resignation as provided elsewhere in these Rules.

 

      420.1.7         Except when an employee requesting sick leave has accumulated unused sick leave with pay credits and except for employees eligible for military leave with pay, organ or bone marrow donor leave with pay, witness or jury duty leave, disability leave or leave due to battery as provided elsewhere in this Rule, or for authorized holiday or vacation, leaves shall be without pay.

 

      420.1.8         Refer to the Probationary Period Rule on leave during the probationary period.

 

      420.1.9         Exempt employees shall be granted paid sick leave on the ninetieth (90th) day of service.  The decision of the MTA Director of Transportation/Designee shall be final and not subject to appeal.

 

      420.1.10       An appointee shall not be required to sign a resignation form as a condition of approval of a leave.

 

      420.1.11       Leaves granted under this Rule shall be indicated on time rolls as designated by the Controller.

 

      420.1.12       An authorized leave granted under this Rule shall not be considered as a break in the continuous service of an employee.

 

 

Rule 420

Leaves of Absence

 

Article II:  Sick Leave - General Provisions

 

Applicability:    Rule 420 shall apply to all Service-Critical classes of the Municipal Transportation Agency (MTA), except that the provisions of Rule 420 may be superseded in whole or in part by the collective bargaining agreement. However, all definitions in this Rule are applicable to employees in all classes.

 

Sec. 420.2          Eligibility for Sick Leave

 

                           Subject to the provisions of this Rule, employees and officers (hereinafter called "employees") who are absent from their duties  due to their own illness or disability, or that of a qualifying family member, including preventive care, such as medical or dental appointments, and employees who are victims of domestic violence, sexual assault or stalking, are eligible for sick leave.

 

Sec. 420.3          Verification of Sick Leave

 

      420.3.1         The MTA Director of Transportation/Designee may make such independent investigation as to the necessity for sick leave as is deemed proper under these rules and federal, state and local law and may require certification for any period of sick leave, provided that the employee has been previously notified in writing that such certification for absence of less than five (5) working days shall be required.  For employees taking sick leave pursuant to Administrative Code Chapter 12W, Labor Code Sections 245-249 or Labor Code Section 233, the City may take reasonable measures to verify or document that an employee’s use of sick leave is taken in accordance with Administrative Code Chapter 12W, Labor Code Sections 245-249 or Labor Code Section 233.

 

      420.3.2         The MTA Director of Transportation/Designee may at any time make such independent investigation as may be deemed proper regarding the illness of any person on sick leave.

 

Sec. 420.4          Retirement Automatically Terminates Sick Leave

 

                           Sick leave shall automatically terminate on the effective date of an employee's retirement.

 

 

 

 

 

Sec. 420.5          Abridgment of Sick Leave

 

                           Sick leaves granted in excess of five (5) working days may be abridged if the employee presents to the MTA Director of Transportation/Designee medical evidence of capability to resume all the duties of the position.

 

Sec. 420.6          Definition of Sick Leave

 

                           A leave granted under this Rule for one of the following reasons shall be known as "sick leave":

 

      420.6.1         Sick Leave - Medical Reasons

 

                           Absence for diagnosis, care or treatment of a health condition, including alcoholism, or preventive care, and for employees who are victims of domestic violence, sexual assault or stalking, but excluding illness or injury arising out of and in the course of City and County employment. Absence due to illness or injury arising out of and in the course of employment is administered either under the Rules of the Retirement Board and is referred to as "disability leave" and may be supplemented as provided elsewhere in this Rule or under the provisions of this Rule and the Administrative Code for those employees injured by battery ("leave due to battery").

 

      420.6.2         Sick Leave – Quarantine

 

                           Absence during a period of quarantine established and declared by the Department of Public Health or other authority.

 

      420.6.3         Sick Leave – Bereavement

 

                           Absence because of the death of the employee's spouse or domestic partner, parents, step parents, grandparents, parents-in-law or parents of a domestic partner, sibling, child, step child, adopted child, a child for whom the employee has parenting responsibilities, aunt or uncle, legal guardian, or any person who is permanently residing in the household of the employee.  Such leave shall not exceed three (3) working days and shall be taken within thirty (30) calendar days after the date of death; however, two (2) additional working days shall be granted in conjunction with the bereavement leave if travel outside the State of California is required as a result of the death.

 

 

 

 

Sec. 420.6          Definition of Sick Leave (cont.)

 

      420.6.3         Sick Leave – Bereavement (cont.)

 

                           For absence because of the death of any other person to whom the employee may be reasonably deemed to owe respect; leave shall be for not more than one (1) working day; however, two (2) additional working days shall be granted if travel outside the State of California is required as a result of the person's death.

 

      420.6.4         Sick Leave - Maternity

 

                           Absence due to the employee's pregnancy or convalescent period following childbirth.  Such leave shall not exceed six (6) months provided that such leave may be extended for permanent employees if a physician certifies that a longer convalescence period is required.  Such extensions shall be subject to the provisions of this Rule governing sick leave without pay.

 

      420.6.5         Sick Leave – Parental Leave

 

                           Absence due to the birth of a child to the employee, the employee’s spouse, or the employee’s domestic partner or assumption by the employee of parenting or child rearing responsibilities either by adoption or foster care.

 

      420.6.6         Sick Leave - Illness or Medical Appointment of a Family Member

 

                           Absence for diagnosis, care or treatment of a health condition or injury, or for preventive care for an employee’s family member, defined as follows:

 

  1. A child, which for the purposes of this section means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.  This definition of a child is applicable regardless of age or dependency status.
  2. A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
  3. A spouse.
  4. A registered domestic partner.
  5. A grandparent.
  6. A grandchild.
  7. A sibling.

 

Sec. 420.6          Definition of Sick Leave (cont.)

 

      420.6.7         Sick Leave Pursuant to Administrative Code Chapter 12W

 

                           1)   Absence due to the illness, injury, medical care, treatment, diagnosis or medical appointment of the employee; employee’s child; parent; legal guardian or ward; sibling; grandparent; grandchild; and spouse, registered domestic partner under any state law, or “designated person.”

 

                           The aforementioned child, parent, sibling, grandparent, and grandchild relationships include not only biological relationships but also relationships resulting from adoption; step-relationships; and foster care relationships.  “Child” includes a child of a domestic partner and a child of a person standing in loco parentis.

 

                           2)   For the purpose of this section, the definition of “designated person” is:  one person designated by an employee who has no spouse or registered domestic partner, as the person for whom the employee may use paid sick leave to aid or care for under this section.  The opportunity to make such a designation shall be extended to the employee no later than the date on which the employee has worked thirty (30) hours after paid sick leave begins to accrue.  There shall be a window of ten (10) business days for the employee to make this designation.  Thereafter, the opportunity to make such a designation, including the opportunity to change such a designation previously made, shall be extended to the employee on an annual basis, with a window of ten (10) business days for the employee to make the designation.

 

      420.6.8         Sick Leave Pursuant to Labor Code Sections 245-249

 

                           Absence for the following purposes: (1) diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee or an employee’s family member; or (2) for an employee who is a victim of domestic violence, sexual assault, or stalking, described in Labor Code Section 230, subdivision (c) and Labor Code Section 230.1, subdivision (a).

 

      420.6.9         Sick Leave – Compulsory

 

                           Leave imposed by the MTA Director of Transportation/Designee due to an employee's medical inability or incapacity to perform all the duties of the position as provided elsewhere in this Rule.

 

 

 

 

Rule 420

Leaves of Absence

 

Article III:  Sick Leave with Pay

 

Applicability:    Rule 420 shall apply to all Service-Critical classes of the Municipal Transportation Agency (MTA), except that the provisions of Rule 420 may be superseded in whole or in part by the collective bargaining agreement. However, all definitions in this Rule are applicable to employees in all classes.

 

Sec. 420.7          Sick Leave with Pay Eligibility

 

      420.7.1         Sick leave with pay may be granted to employees who have accrued paid sick leave on the ninetieth (90th) day of service except that supplemental disability credits may be used to supplement disability indemnity payments as provided elsewhere in this Rule regardless of length of service and except that an authorized leave of absence with or without pay granted under this Rule shall not be considered as a break in the continuous service of an employee.

 

      420.7.2         A break in service of more than twelve (12) continuous months by any employee other than an employee designated as a "holdover" will cause prior accumulated sick leave with pay credits to be canceled and eligibility for sick leave with pay must be re-established.

 

      420.7.3         Sick leave with pay credits will continue to accrue at the normal rate while an employee is on either furlough or voluntary unpaid time off in accordance with this Rule, for a maximum of up to ten (10) days per fiscal year for imposed furlough or twenty (20) days per fiscal year for voluntary unpaid time off.

 

Sec. 420.8          Sick Leave with Pay Eligibility Pursuant to Administrative Code Chapter 12W Effective February 5, 2007, and Labor Code Sections 245-249 Applicable to Employees Not Otherwise Qualified for Sick Leave Effective July 1, 2015

 

         420.8.1      Sick leave with pay may be granted to said employees, on the ninetieth (90) day of service.

 

         420.8.2      Employees hired on or before February 5, 2007, shall immediately be eligible to accrue and use sick leave with pay credits under this section.

 

         420.8.3      A complete separation in service for twelve (12) continuous months by an employee, other than an employee designated as a “holdover” will cause prior accumulated sick leave with pay credits to be canceled and eligibility for sick leave with pay must be re-established.

 

Sec. 420.8          Sick Leave with Pay Eligibility Pursuant to Administrative Code Chapter 12W Effective February 5, 2007, and Labor Code Sections 245-249 Applicable to Employees Not Otherwise Qualified for Sick Leave Effective July 1, 2015  (cont.)

 

         420.8.4      Employees rehired within one (1) year following a separation will not be subject to the ninety (90) calendar day eligibility period.  And any of previously accrued and unused sick leave hours will be reinstated.

 

Sec. 420.9          Sick Leave with Pay - Maximum Accumulation of Credits

 

         420.9.1      Sick Leave with Pay – Maximum Accumulation of Credits

 

                           Sick leave with pay credits shall be cumulative but the accumulated balance of unused sick leave with pay credits shall not exceed the equivalent of six (6) months which is the hourly equivalent of 130 working days based on the regular daily work schedule as defined, provided that in no case may the total accumulated unused sick leave with pay credit balance exceed l040 hours.  Maximum accumulated sick leave with pay credits shall be reduced proportionately for employees entering a class or position where the regular work schedule is less than the class exiting if such employees have accumulated unused sick leave with pay credits in excess of the maximum allowable for the new class or position.  Such employees shall have all such credits restored upon return to a class or position with an increased regular work schedule.

 

         420.9.2      Maximum Accumulation of Credits Pursuant to Administrative Code Chapter 12W Effective February 5, 2007, and Labor Code Sections 245-249 Effective July 1, 2015 Applicable to Employee Not Otherwise Qualified for Sick Leave.

 

                           Sick leave with pay credits shall be cumulative but the accumulated balance of unused sick leave with pay credits shall not exceed seventy-two (72) hours under Administrative Code Chapter 12W and forty-eight (48) hours under Labor Code Section 245-249.

 

Sec. 420.10        Sick Leave with Pay - Restrictions

 

      420.10.1       Sick leave with pay, beyond that authorized by law, is a privilege recognized by Charter and by Ordinance of the Board of Supervisors and should be requested and granted only in cases of absence because of illness which incapacitates the employee for the performance of duties or as otherwise defined in this Rule.

 

 

 

 

Sec. 420.10        Sick Leave with Pay – Restrictions (cont.)

 

      420.10.2       Except for absences covered under Labor Code Section 233, the MTA Director of Transportation/Designee may require proof of incapacitation before granting sick leave with pay for any period of time and may withhold pay for failure to submit such proof provided that the employee had been previously notified in writing that such proof would be required for absences of less than five (5) working days.

 

      420.10.3       The rate of earning and accumulating sick leave with pay credits and authorization for its use under this Rule shall in no way inhibit or restrict the right of the MTA Director of Transportation/Designee to establish standards of attendance.

 

Sec. 420.11        Prohibition Against Employment While on Sick Leave with Pay

 

      420.11.1       Employees are prohibited from working in any other employment while on sick leave with pay unless, after considering the medical reason for the sick leave with pay, the MTA Director of Transportation/Designee, grants permission for the employee to engage in a secondary employment subject to the provisions of these Rules governing such employment.

 

      420.11.2       Violators of this section are subject to disciplinary action as provided in the Charter.

 

Sec. 420.12        Calculation of Sick Leave with Pay Credits

 

         420.12.1    Unless otherwise provided in this Rule or by ordinance, sick leave with pay credits shall be earned at the rate of .05 hours for each hour of regularly scheduled paid service excluding, overtime exceeding forty (40) hours per week and holiday pay, except that an employee on disability leave shall earn sick leave with pay credits at the normal rate.

 

         420.12.2    Exempt employees shall accrue paid sick leave at a rate of one (1) hour per every thirty (30) hours worked, excluding holiday pay.

 

Sec. 420.13        Disbursement of Sick Leave with Pay Credits

 

                  Sick leave with pay credits shall be used and deducted at the minimum rate in units of one (1) hour for those employees whose credits are calculated in hours.

 

Sec. 420.14        Conversion of Sick Leave with Pay Credits from Days to Hours

 

                           Sick leave with pay credit balances shall be converted from days to hours based on the equivalent number of hours in such employee's sick leave with pay credit balances.  The equivalent number of hours shall be based on the employee's authorized normal daily work schedule in effect

 

Sec. 420.14        Conversion of Sick Leave with Pay Credits from Days to Hours  (cont.)

 

                           on the effective date of this amended Rule, except if the MTA Director of Transportation/Designee determines that such conversion is inequitable and allows another formula to be used.

 

Sec. 420.15        Employees Injured by Battery

 

      420.15.1       An employee absent because of bodily injury or illness received in the course of employment and caused by an act of criminal violence shall be entitled to sick leave with pay under the provisions of the Administrative Code.

 

      420.15.2       Sick leave with pay under this section shall be known as "leave due to battery" and shall be subject to approval by the MTA Director of Transportation/Designee. The MTA Director of Transportation/Designee shall make such investigation as is deemed appropriate and may include medical examinations by a physician(s) designated by the MTA Director of Transportation/Designee.

 

      420.15.3       The decision of the MTA Director of Transportation/Designee may be appealed to the Civil Service Commission whose decision is final.

 

      420.15.4       Authorized sick leave under this section shall not be charged against earned sick leave with pay credits.

 

Sec. 420.16        Appeal of Denial of Sick Leave with Pay

 

                           Denial of sick leave with pay to an appointee who is eligible and qualified for such leave is appealable as provided elsewhere in this Rule.

 

Sec. 420.17        Reimbursement of Vested and Unused Accumulated Sick Leave with Pay Credits Balance

 

      420.17.1       An employee who had accumulated unused sick leave with pay credits and who had completed the service requirement on or before December  5, 1978, shall upon the effective date of retirement for service or disability, or upon the date of death, or upon the date of separation caused by industrial accident, be reimbursed for the accumulated unused sick leave with pay credit balance which had been earned on or before December  5, l978, and not subsequently used ("vested and unused accumulated sick leave with pay credits") in accordance with the following schedule of service requirements and allowances.

 

Sec. 420.17        Reimbursement of Vested and Unused Accumulated Sick Leave with Pay Credits Balance (cont.)

 

         420.17.1 (cont.)

 

Schedule of Service Requirements and Allowances for Reimbursement of Vested and Unused Accumulated Sick Leave with Pay Credit Balance at the Time of Retirement, Separation Because of Accident or Death

Service Requirement

Amount of Cash

Reimbursement

15 or more years of service

100%

More than 5 continuous years but less than 15 continuous years of service

50%

Up to and including 5 continuous years of service

33.3%

 

      420.17.2       Reimbursement for the vested and unused accumulated sick leave with pay credit balance shall be further subject to the following:

 

                           1)   The MTA Director of Transportation/Designee shall administer the provisions of this section.

 

  1. Deduction shall be made from the unused accumulated sick leave with pay credit balance which existed on December 5, l978, in an amount proportional to any credits used of that balance.Reimbursement shall be made only for the adjusted amount with all credits from the December 5, l978, balance subsequently used being deducted.

     

                               3)   Reimbursement for the vested and unused accumulated sick leave with pay credit balance shall be payable at the time of retirement, separation caused by industrial accident or death, or at a later date when so selected by the employee, but within one (1) year of such retirement, separation or death.

     

                               4)   Reimbursement is to be computed at the base rate of pay of an employee's permanent class, at the base rate of pay of the class of a temporary or provisional employee with no permanent status, or at the base rate of pay in a temporary or provisional appointment of an employee with permanent status in another class who has held such temporary or provisional appointment continuously for one or more years at the time of separation.

     

    Sec. 420.17        Reimbursement of Vested and Unused Accumulated Sick Leave with Pay Credits Balance (cont.)

     

             420.17.2    (cont.)

     

                               5)   No reimbursement shall be made for unused sick leave with pay credits earned on or after December 6, l978.

     

                               6)   The enactment of this section is not intended to constitute additional compensation, nor be a part of the rate of pay of the employee, but is reimbursement for the vested and unused accumulated sick leave with pay credit balance to which an employee would have been entitled if the employee had not retired, separated due to industrial injury or died.