For the purposes of this Section 16.2, “Extra Help” includes employees working in Temporary, Intermittent, Seasonal, or Paid Intern positions, as defined in the County’s Civil Service Rules. The provisions of this Section do not apply to Retiree Extra Help, Volunteers or Student Volunteers.
16.2.1 Annual Period – Extra Help
The annual period is a calendar year. For new Extra Help employees who begin mid-year, the annual period begins on an employee’s first day of work, restarts on January 1, and runs on a calendar year basis thereafter. For Extra Help employees who end and start a new Extra Help assignment within the same calendar year as of the pay period in which they were last in paid status, January 1 of the same calendar year remains as the start of the employee’s annual period.
16.2.2 Eligibility – Extra Help Employees
Effective July 1, 2015, Extra Help employees are eligible for sick leave benefits as described in this Section 16.2 after thirty (30) calendar days of employment with the County. A break in service does not restart the 30 day eligibility period unless the break is a year or more from the end of the last pay period in which the employee was in paid status.
16.2.3 Accrual – Extra Help Employees
Extra Help accrue and accumulate sick leave at a rate of 1 hour per 30 hours worked, including overtime (pending further clarification or interpretation of the law), up to a maximum accumulation of seventy-two (72) hours. Accrued sick leave hours, when used, do not accrue additional sick leave hours. Accrual begins from the first day of work, but accrued time may not be used until the first pay period following completion of the 30 day eligibility requirement. Leave may not be used in advance of accrual, and is considered “accrued” on the first day of the subsequent pay period. Hours spent on Jury Duty, County release time, or County approved educational leave or training will count toward accrual of sick leave hours.
16.2.4 Accrual – Restoration of Accrued Time
When an Extra Help employee separates from an assignment and returns to County employment in an extra help assignment within one year of the separation date, any accrued Extra Help sick leave remaining on account will be restored to the employee’s Extra Help sick leave bank upon re-hire. If the separation date is in the middle of the pay period, end of pay period date will apply.
16.2.5 Accrual – Change in Employment Status
Refer to Section 16.3.
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16.2.6 Sick Leave – Use, Extra Help
22.214.171.124 Use Limits – Extra Help
Earned sick leave credits may, with the approval of the Department Head, be used by the employee in increments of not less than 1 hour, and not to exceed forty-eight (48) hours in the employee’s annual period. Accrued paid sick leave must be used prior to using leave without pay for sick leave eligible events except as allowed under CFRA qualifying leaves, below. When used, sick leave hours are not considered hours worked and do not accrue additional hours of sick leave. The hours are included in merit hours.
126.96.36.199 Use – Extra Help, Non FMLA/CFRA/PDL Leave
Accrued sick leave for incidents other than FMLA/CFRA/PDL qualifying events may be used as follows:
- Employee Illness: during the employee’s own incapacity due to illness or injury;
- Employee Treatment or Examination: during the time needed by the employee to undergo medical or dental treatment or examination;
- For Care of Family Member: For diagnosis, care or treatment of a health condition of, or preventative care for the employee family member. For leave under this Section 188.8.131.52, “family member” is defined as a:
- child (defined as biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in place of a parent, regardless of age or dependency status);
- parent (defined as a biological, foster, or adoptive parent, step parent, a legal guardian, or other person who stood in place of a parent to the employee or the employee’s spouse or domestic partner when the employee was a child. A biological or legal relationship is not necessary for a person to have stood in place of a parent to the employee as a child.);
- employee’s spouse or domestic partner, as defined in Article 3 of the MOU;
- grandparent, grandchild, or sibling of the employee or the employee’s spouse or domestic partner, as defined in Article 3 of the MOU.
- Domestic Violence, Sexual Assault, Stalking: When an employee is a victim of domestic violence, sexual assault or stalking, to work to obtain or attempt to obtain any relief, including but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of themselves or their child(ren); to seek medical attention for injuries caused by domestic violence, sexual assault or stalking; obtain services from a domestic violence shelter, program or rape crisis center as a result of domestic violence, sexual assault or stalking; obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; participate in safety planning or take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
Use of paid sick leave under this Section 184.108.40.206 may not exceed forty-eight (48) hours in an annual period except as necessary to comply with Kin Care requirements, or unless extended by joint action of the employee's Department Head and the Director of Human Resources by reason of exceptional hardships.
California “Kin Care” (Labor Code 233) provides that an employee may use an amount of paid sick leave each calendar year that is equal to the amount of time that would normally accrue in six month period, and may be used in the same manner as other sick leave as described in this Section 220.127.116.11. Kin Care provisions run concurrent with other protected leaves and do not extend the maximum period of leave to which the employee is entitled to under FMLA or CFRA.
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18.104.22.168 Use – Extra Help, FMLA/CFRA/PDL Qualifying Leave
Extra Help employees may be eligible for protected leave under the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or the Pregnancy Disability Act (PDA), for certain, qualifying events. FMLA/CFRA/PDL eligibility requirements are detailed under Section 17.11 and in the County’s Medical Leave Policy. The same categories of use, definitions, and eligibility requirement for use apply to Extra Help employees and allocated employees, and are outlined in 22.214.171.124, above.
16.2.7 Extra Help Sick Leave – Required Documentation
126.96.36.199 Documentation for Paid Sick Leave
Accrued sick leave used by an employee (up to 48 hours annually) will be applied to and subject to the provisions of all applicable paid sick leave laws. During this period, if the need for paid sick leave is foreseeable, the employee shall provide reasonable advanced notice. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. If the County has reasonable suspicion of sick leave abuse, a signed medical certification may be required for each use of accrued sick leave to the extent permissible by law. If use of time under this section is a FMLA or CFRA qualifying event, medical certification for those programs are required in accordance with the law and as outlined in the Medical Leave Policy (same requirements as Allocated employees).
188.8.131.52 Documentation for Any Leave in Excess of 48 Hours
Documentation for any leave in excess of 48 hours in an annual period, or any unpaid sick leave, a signed medical certification may be required for each use of leave. Reasonable medical certification of incapacity (if applicable) shall be required for any leave of more than forty-eight (48) consecutive hours duration.
184.108.40.206 Reasonable Certification May Be Required
Reasonable certification may be required, within a reasonable time after the absence, when an unscheduled absence occurs to obtain relief if the employee is a victim of domestic violence, sexual assault, or stalking, in accordance with Section 220.127.116.11(d) of this Agreement. Such certification shall be treated as confidential. Certification may be provided directly to Human Resources and shall not be disclosed to any person except to the affected employee, or as provided by law.
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