Miscellanous Leave Policy Information

Section: 
Employment Policies​

Subsection: 
Leave Administration

Authorized by
David Villanueva, County Executive

Resources

  • ​Miscellaneous Leave Time Policy Frequently Asked Questions​

Revision History
​Revised: 05/2024​
​Established: 03/1976

Contact
Policy and Compliance Administrator
Department of Personnel Services
Email: AskDPS@saccounty.gov

5-831: Miscellaneous Leave Policy

Purpose

The purpose of this policy is to define various leave entitlements for Sacramento County (County) employees. 

The following leave types are covered under this policy:

Additional leave types can be found on the Leave Administration Main Page.

Authority

  • ​Board of Supervisors
  • Applicable Bargaining Unit (BU) Memorandum of Understandings (MOUs)
  • Sacramento County Personnel Ordinance Section 2.78
  • California Government Code Section 12945
  • California Military and Veterans Code Section 395
  • California Labor Code Section 230
  • California Education Code Section 48900
  • California Elections Code Section 14000
  • California Government Code Section 1230​

Scope

To the extent that there are any inconsistencies between this policy and existing memorandum of understanding (MOU) covering employees in any representation unit created pursuant to Chapter 2. 79 of the Sacramento Code, the provisions of the memorandum of understanding shall prevail. 

This policy is not inclusive of all leave types for which an employe may be eligible. Other leaves are covered by MOUs, the Personnel Ordinance, and/or State or Federal law. 

Policy

Leave, whether paid or unpaid, is authorized when it is approved in writing by the Department Director or designee, unless an MOU or State/Federal Law state otherwise. 

In general, leave balances must be used according to the requirements for non-illness/injury and illness/injury related leaves unless stated differently under the specific leave type:

  • Non-Illness/injury related leaves: Employees are required to use all available leave balances, except sick leave, prior to authorization of unpaid leave. Use of sick leave balances is not permitted.
  • Illness/injury related leaves: Employees are required to use all available leave balances (including CTO) prior to authorization of unpaid leave. Employees must exhaust all sick leave balances prior to the use of other leave balances.

When protected by FMLA and/or CFRA, an employee may opt to use CTO, but it is not required. When CTO is used, it will be counted towards FMLA/CFRA entitlements.

The amount of unpaid leave authorized beyond protected leave entitlements is discretionary based on the needs of the department and employee, and is subject to approval by the Department Director or designee.

An employee may not return to work prior to the effective date of the approved leave, whether paid or unpaid, without approval of the Department Director or designee.

​Standards of Application

​Coordination with Family Medical Leave Act (FMLA)/California Family Rights Act (CFRA)/Pregnancy Disability Leave (PDL)

If a protected leave also meets the criteria for FMLA, CFRA, and/or PDL, the leaves will run concurrently unless stated differently under the specific leave type.

​Benefits

For unpaid time, medical, dental and employee assistance program insurance coverage may expire unless the employee elects and pays for the benefits through the Consolidated Omnibus Budget Reconciliation Act (COBRA) program. The County Benefits Office should be contacted for more specific information.

​Retirement Service Credits

When on paid leave, employees typically accrue retirement credits. Retirement service credits do not accrue for unpaid time. However, employees may be eligible to purchase retirement credits for certain unpaid leaves. The Sacramento County Employees' Retirement System (SCERS) should be contacted for more specific information.

​Vacation Service Credits

Vacation service credits do not accrue when an unpaid leave exceeds a full pay period.

​Seniority

Seniority is not affected by a leave taken under this policy.

​Confidentiality

The County shall maintain confidentiality of any employee requesting leave. Any documentation provided shall be maintained as confidential and shall not be disclosed except to internal personnel or counsel as necessary, or as required by law.

​Protection from Retaliation

Employees shall not be discharged or in any manner discriminated or retaliated against in the terms and conditions of employment because they have taken protected leave in accordance with this policy.

​Part-Time Employees

Part-time employees entitled to any of the leaves in this policy will have their leave entitlement prorated based on their regular work week.

​Temporary/Intermittent Employees

Use of paid leave balances counts towards the number of hours temporary/intermittent employees are permitted to work in a calendar year. Balances should only be used on days scheduled to work. Retired Annuitants are not eligible for sick leave hours.

​Probationary Employees

Civil Service Commission Rule 8.5 provides that when an employee with probationary status is authorized paid leave, a leave of absence without pay, or a combination of paid and unpaid leaves for more than 30 consecutive calendar days, the probationary period shall be extended for that employee by the number of consecutive calendar days of absence that are in excess of 30 days.