Service Employees’ International Union - Local 1021 (SEIU)

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2018 - 2019 SEIUMemorandum of Understanding: Article 16: Sick Leave

Service Employees’ International Union

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16.1 Sick Leave – Benefit for Employees in Allocated Positions (Not Extra Help)
16.2 Extra Help Employees Only– Sick Leave Benefit for Extra Help Employees
16.3 Change in Employment Status – Extra Help Allocated / Allocated to Extra Help
16.4 Sick Leave – Conversion – at Regular Retirement
16.5 Sick Leave – Distribution at Death or Layoff
16.6 Sick Leave – Distribution at Disability Retirement
16.7 Sick Leave – Payoff at Regular Retirement

16.1 Sick Leave – Benefit for Employees in Allocated Positions (Not Extra Help)

16.1.1 Accrual Rate

Each full-time employee in a regular, allocated position shall accrue and accumulate sick leave at the rate of 3.68 in-service hours for each completed eighty-hour pay period of service. In-service hours include all hours in paid status excluding over-time. This accrual rate shall be reduced proportionally by any unpaid time in each pay period. Part-time employees in allocated positions shall be eligible to receive sick leave on a pro-rata basis. Usage and accrual of said benefits shall be governed by the same rules and regulations applicable to full-time employees.

16.1.1.1 Sick Leave Advance

On the first day of regular hire employment, regular hire employees will receive an advance on sick leave accrual of forty and forty eight one hundredths (40.48) hours of sick leave. Regular hire employees shall begin to accrue sick leave at the rate of 3.68 in-service hours for each completed eighty-hour pay period of service beginning in the twelfth pay period of regular hire employment. This section shall be implemented as soon as administratively feasible, but no later than June 1, 2016.

16.1.2 Accrual – Restoration of Accrued Time

When an employee separates from County employment, and returns to County employment within one year from the separation date, any accrued sick leave remaining on account will be restored to the employee upon rehire, provided the time was not otherwise used, paid out, or converted to service credit. If the separation date is in the middle of the pay period, end of pay period date will apply.

16.1.3 Sick Leave – Usage

Earned sick leave credits may, with the approval of the department head, be used by the employee, as outlined below:

16.1.3.1 Sick Leave Use – 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 16.1.3.1, “family member” is defined as a:
1. 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);
2. 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.)
3. employee’s spouse or domestic partner, as defined in Article 3 of the MOU;
4. grandparent, grandchild, or sibling of the employee or the employee’s spouse or domestic partner, as defined in Article 3 of the MOU.
Sick leave use for family members listed in this section (16.1.3.1c) shall not exceed forty-eight (48) hours per occurrence unless extended by joint action of the employee's Department Head and the Director of Human Resources by reason of exceptional hardships. "Occurrence” means per illness or related incidents. The 48 hours do not have be consecutive.

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 16.1.3.1. 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.
Domestic Violence, Sexual Assault, or 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.

16.1.3.2 Sick Leave Use - FMLA/CFRA/PDL/Qualifying Leave

In accordance with The Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the Pregnancy Disability Act (PDA) earned sick leave credits may, with the approval of the Department Head, be used by an employee 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;
Disabled by Pregnancy: when a woman employee is disabled by pregnancy, which means that in the opinion of her health care provider, she is unable because of pregnancy to work at all or is unable to perform any one or more of the essential functions of her job or to perform these functions without undue risk to herself, the successful completion of her pregnancy, or to other persons;
Care of Family Member: when a child, spouse, or domestic partner of an employee, who is a member of the employee’s household or a person for whom the employee is entitled to a Federal Income Tax dependent exemption, or the employee’s parent is incapacitated by illness or injury and it is necessary for the employee to care for such child, spouse, domestic partner or parent.

Child is defined as biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in place of a parent, who is either under 18 years of age or an adult dependent child. An adult dependent child is an individual who is 18 years of age or older and who is incapable of self-care because of a mental or physical disability within the meaning of Government Code section 12926(j) and (l).

Parent for purposes of this Section is defined as biological, foster, or adoptive parent, step parent, a legal guardian, or other person who stood in place of a parent to the employee 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. Parent does not include parent-in-law.

For FMLA/CFRA qualifying events to care for a covered family member incapacitated by injury or illness, employees are allowed to use up to 480 hours of accrued sick leave per eligible event, and not to exceed the number of hours authorized by medical certification. CFRA bonding leave does not qualify for use of sick leave.

Information on FMLA/CFRA/PDL eligibility, documentation, and benefit and pay status is provided under Section 17.3 – Family Care and Medical Leave Under FMLA/CFRA.

16.1.4 Sick Leave – Required Documents

16.1.4.1 Annual Period – All Allocated Employees

“Annual period” is a twelve month period beginning with the employee’s first day of work in an allocated assignment. For employees on staff on July 1, 2015, the annual period began July 1, 2015, and ends June 30, 2016. For employees who begin work after July 1, 2015, the annual period begins on their first day of work. (This is not the same as the annual calendar used under FMLA/CFRA/PDL qualifying events.)

16.1.4.2 First Forty-Eight Hours

For new employees, the first 48 hours, or number of hours equal to 6 days of the employees regular schedule (whichever is greater), of accrued sick leave used by an employee in the first annual period will be applied to and subject to the provisions of California paid sick leave laws, until January 1st, and on a calendar year thereafter. 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.

16.1.4.3 Subsequent Hours

For use of accrued sick leave beyond the first 48 hours or number of hours equal to six (6) days in the annual or calendar period (consecutive or non-consecutive), as described above a signed medical certification may be required for each use of sick leave. Reasonable medical certification of incapacity, on forms approved by the County, shall be required for sick leave use of more than 48 consecutive work hours duration.

16.1.4.4 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 16.1.3.1(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.

16.1.4.5 FMLA/CFRA/PDL

If use of accrued sick leave is for an FMLA, CFRA, or PDL qualifying event, medical certification is required, in accordance with the law, and as outlined in the Medical Leave Policy.

16.2 Extra Help Employees Only – Sick Leave Benefit For Extra Help Employees

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 twelve month period beginning with an employee’s first day of work. For Extra Help employed with the County on July 1, 2015, the annual period begins July 1, 2015. For Extra Help who begin working after July 1, 2015, the annual period begins on their first day of work. For Extra Help employees who end and start a new extra help assignment within one year (26 pay periods) of the end of the pay period in which they were last in paid status, the initial hire date 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.

16.2.6 Sick Leave – Use, Extra Help

16.2.6.1 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 thirty-six (36) 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.

16.2.6.2 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 16.2.6.2, “family member” is defined as a:
1. 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);
2. 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.);
3. employee’s spouse or domestic partner, as defined in Article 3 of the MOU;
4. 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 16.2.6.2 may not exceed thirty-six (36) 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 16.1.3.1. 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.

16.2.6.3 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 17.3 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 16.1.3.2, above.

16.2.7 Extra Help Sick Leave – Required Documentation

16.2.7.1 Documentation for Paid Sick Leave

Accrued sick leave used by an employee (up to 36 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).

16.2.7.2 Documentation for Any Leave in Excess of 36 Hours

Documentation for any leave in excess of 36 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.

16.2.7.3 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 16.2.6.2(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.

16.3 Change in Employment Status – Extra Help Allocated/Allocated to Extra Help

16.3.1 Extra Help to Allocated Positions

For an Extra Help employee who begins an allocated assignment within one year of separation of an Extra Help assignment, any accrued and unused Extra Help sick leave hours on account will carry forward with the employee If the separation date is in the middle of the pay period, pay period end date will apply. Hours carried forward may be used, subject to the following restrictions:

Extra Help sick leave hours must be used prior to using sick leave accrued as a regular employee;
Extra Help sick leave hours have no cash value; and
Extra Help hours are not eligible for conversion to service credit at regular retirement (pursuant to Section 16.4).

The employee’s annual period will be changed to the date they start in the new position.

16.3.2 Allocated Employee to Extra Help

For an employee assigned to an allocated position who begins an eligible Extra Help assignment within one year of separation from an allocated position, any accrued sick leave remaining on account will be restored to the employee as Extra Help sick leave, up to the cap of 72 hours, and may be used subject to the limits and provisions for use of Extra Help sick leave outlined in Section 16.2 (Sick Leave Benefit for Extra Help Employees). If an employee returns to an allocated position within one year of separation from an allocated position, the provision of 16.1.2 will apply, except that any sick leave hours used or accrued during the extra help period will be factored against the employees former leave balance. If the separation date is in the middle of the pay period, pay period end date will apply.

The employee’s annual period will be changed to the date they start in the new position.

16.4 Sick Leave – Conversion – At Regular Retirement

For each employee separating from County Service on regular, non-disability retirement shall convert one hundred percent (100%) of unused sick leave remaining to each employee’s credit at the time of retirement to retirement service credit as provided by Government Code Section 31641.03, excepting that Extra Help sick leave hours are not eligible for conversion to retirement service credit.

16.5 Sick Leave – Distribution at Death or Layoff

The County shall pay each employee who separates from County service by death or layoff, the monetary equivalent of twenty-five percent (25%) of all unused sick leave remaining to such employee’s credit as of the time of separation, computed on the basis of the employee’s base hourly pay. Extra Help sick leave is not eligible for this provision.

16.6 Sick Leave – Distribution at Disability Retirement

The County shall pay each employee separated from County service by a disability retirement at such employee’s base hourly rate for all unused sick leave remaining to such employee’s credit as of the time of separation. This Section shall not apply to an employee separated from County service by a service retirement. The County shall not pay an employee under this Section for any sick leave hours donated to the employee by other employees under a catastrophic leave benefit. Extra Help sick leave is not eligible for this provision.

16.7 Sick Leave – Payoff at Regular Retirement

For each employee who separates from County service on regular non- disability retirement, who reaches 100% of retirement benefit allowed by law, and who is prevented by law from converting some or all of the employee’s remaining unused sick leave to service credit under Section 16.4, the County shall pay the employee the monetary equivalent of twenty-five percent (25%) of all unused sick leave retaining to such employee’s credit at the time of separation, computed on the basis of the employee’s base hourly rate of pay. Extra Help sick leave is not eligible for this provision.