5-882: Leave Use Prior to Service Retirement

Purpose

The purpose of this policy is to establish guidelines for Sacramento County (County) employees to request and receive approval to use leave balances prior to the employee’s service retirement effective date. This restriction does not apply to sick leave.

Authority

• Government Code Section 31672
• Personnel Ordinance 2.78.735

Scope

This policy applies to all regular County employees requesting thirty (30) or more calendar days off of work immediately preceding their service retirement effective date. This policy does not apply to employees requesting time off after applying for service retirement with the intent of returning to work prior to their retirement effective date.

Policy

It is the policy of the County that employees may use leave balances (e.g., vacation, compensating time off (CTO), holiday in lieu (HIL), management/attorney leave) to cover absences of thirty (30) or more calendar days up to a maximum of sixty (60) calendar days duration immediately preceding their service retirement effective date, provided they have applied for retirement. Paid holidays count towards the sixty (60) calendar day limit. In accordance with Government Code Section 31672, County employees cannot submit their application for service retirement more than sixty (60) calendar days prior to their retirement effective date. Therefore, sixty (60) calendar days is the maximum amount of leave an employee may be approved prior to their service retirement effective date. Employees will continue to accrue paid leave in accordance with Personnel Ordinance 2.78.730 and/or applicable Labor Agreements while using leave prior to service retirement. However, employees must have the leave balances available, minus sick leave, at the time of submitting the request\  form to their Department Head for approval. The request form will also include the employee’s signed acknowledgement that they have filed for service retirement.