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Rule 10: Administrative Leaves, Reports, Records and Other Miscellaneous Provisions

10.1: Leave of Absence Without Pay
10.2: Military Leave of Absence
10.3: Time Off to Vote
10.4: Jury Duty
10.5: Family Leave
10.6: Sick Leave
10.7: Sick Leave Use
10.8: Sick Leave Depletion Allowance
10.9: Vacation Leave
10.10: Maximum Rate of Vacation Accrual
10.11: Use of Vacation
10.12: Advance Vacation Pay
10.13: Paid Holidays
10.14: Eligibility for Paid Holiday
10.15: Marital Status
10.16: Drug and Alcohol Prohibition
10.17: Separation from Service
10.18: Personnel Records
10.19: Change of Status
10.20: Contract for Performance of Administrative Functions
10.21: Performance Evaluations

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10.1: Leave of Absence Without Pay
Leave of absence without pay may be granted in cases of emergency or where such absence would not be contrary to the best interests of the City. Such leave so granted is not a right but an authorized privilege. Employees on authorized leave of absence without pay may not extend such leave without express approval of the City Manager. No vacation, sick leave, or any other paid benefit shall be accrued or used during such leave. The department head may grant up to 30 calendar days leave of absence depending upon the merit of the case. Any excess leave may only be granted upon approval of the City Manager and may not exceed a total of twelve months.

10.2: Military Leave of Absence
State law shall govern the granting of military leave of absence and rights, and requirements of employees returning from such leave.

10.3: Time Off to Vote
Time off with pay to vote at any general or primary election shall be granted as provided by California Elections Code.

10.4: Jury Duty
Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided that the employee remits to the City all per diem service fees except mileage or subsistence allowance within thirty days from the termination of such duty.

10.5: Family Leave
Family leave shall be granted in accordance with State and Federal law.

10.6: Sick Leave
Only regular employees shall be eligible to accrue and use sick leave in accordance with their appropriate memorandum of understanding.

10.7: Sick Leave Use
An employee who has been disabled for 60 consecutive days and who is otherwise eligible for both payment under the City's sponsored long term disability group insurance coverage and accrued sick leave benefits may at his or her option, choose either to receive the long term disability benefits or to utilize the remainder of his or her accrued sick leave benefits prior to applying for long term disability benefits. Sick leave shall not be granted to employees on unpaid leaves of absence.

When an employee finds it necessary to be absent for any reason, he or she shall cause the facts to be reported to the assigned department within one hour after regular starting time on the first working day of absence, and shall regularly report on his or her account in advance for each work day thereafter unless hospitalized or otherwise indisposed. Sick leave shall not be granted unless such report or advance accounting has been made, provided, however, that the department head may grant exception to this policy where the circumstances warrant. Medical examination may be required by the City to substantiate sick leave claims.

10.8: Sick Leave Depletion Allowance

  1. Upon depletion of sick leave or the beginning of the period to be covered by payments under the City sponsored long term disability insurance program, whichever comes first, the appointing authority may grant to the employee a medical leave of absence without pay for a period not exceeding sixty days. If the employee is unable to return to work at the end of this period, he or she must request further medical leave which will be subject to the approval of the City Manager. If further leave is granted, the employee must notify the City of the intent to return to work each thirty days. If further leave is not granted, the employee's service with the City shall be considered terminated.

  2. Notwithstanding the provisions of paragraph (a), the City Manager may authorize an advance of sick leave not yet earned, to an employee with severe disability resulting from illness or injury, equal to two-thirds (2/3) of the employee's current salary, for a period not exceeding sixty (60) calendar days, under the following conditions:

    1. The employee has completed more than one year, but less than five years, of continuous City service;

    2. The employee has exhausted all accrued sick leave, vacation, holiday time, and other kinds of paid leave of absence;

    3. The employee does not have a record of sick leave abuse;

    4. The employee established by medical evidence that the disability from illness or injury will be sufficiently lengthy as to warrant such credit;

    5. The employee establishes, by affidavit, that he or she has no personal financial resources or other source of funds sufficient for basic personal and family needs during the period of disability;

    6. The employee agrees to repay to the City the unearned sick leave advanced, upon return to work, by applying fifty percent (50%) of all future sick leave thereafter accrued, until the advance is repaid in full;

    7. The employee further agrees that if employment is terminated for cause, prior to full repayment, the employee will repay the balance due in cash or in accordance with such installment or deferred repayment plan as is approved by the City Manager.

10.9: Vacation Leave. Only regular employees shall be eligible to accrue and use vacation leave in accordance with their appropriate memorandum of understanding.

10.10: Maximum Rate of Vacation Accrual
Vacation accumulation may not exceed twice the annual rate of accrual unless prior written authorization for a specified amount is received from the Director of Personnel.

10.11: Use of Vacation
Employees shall not work for any other department of the City during vacation time.

10.12: Advance Vacation Pay
Upon approval and subject to applicable rules, employees may receive vacation pay in advance of vacation taken. However, advance pay may not exceed the vacation balance nor be more than the actual vacation taken.

10.13: Paid Holidays
Only regular employees shall be eligible for paid holidays in accordance with their appropriate memorandum of understanding.

10.14: Eligibility for Paid Holiday
Employees on Workers' Compensation leave or military leave shall not receive any additional compensation for holidays occurring during such leave.

10.15: Marital Status
It is the policy of the City of Santa Cruz not to discriminate in its employment and personnel actions with respect to its employees, prospective employees, and applicants on the basis of marital status. No employee, prospective employee, or applicant shall be improperly denied employment or benefits of employment on the basis of his or her marital status. This policy applies to the selection of persons for training programs leading to employment in addition to the above-designated persons.

  1. Definition. Marital status is defined as an individual's state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state for the purpose of this anti-discrimination policy. Spouse is defined as a partner in marriage as defined in California Civil Code Section 4100.

  2. City Rights. Notwithstanding the above provisions, the City retains the right:

    1. To refuse to place one party to a relationship under the direct supervision of the other party to a relationship where such has the potential for creating adverse impact on supervision, safety, security, or morale.

    2. To refuse to place both parties to a relationship in the same department, division, or facility where such has the potential for creating adverse impact on supervision, safety, security, or morale, or involves potential conflicts of interes

10.16: Drug and Alcohol Prohibition
It is the intent of the City to eliminate the use and effect of alcohol and drugs in the workplace. To this end, all employees shall not be under the influence, consume, possess, or sell any alcohol or drugs while on City property, at any worksite, or while on duty or subject to being called to duty. Any violation of the rule is subject to disciplinary action pursuant to Rule 8.

10.17: Separation From Service

  1. Discharge. An employee in the classified service may be discharged for cause at any time by the appointing power. Whenever it is the intention of the appointing power to discharge an employee in the classified service, the Director of Personnel shall be notified. Disciplinary discharge action shall be taken in accordance with Rule 8.

  2. Resignation. An employee wishing to leave the City service in good standing shall give at least two weeks notice to the appointing authority.

10.18: Personnel Records
The Director of Personnel shall maintain a service or personnel record for each employee in the service of the city showing the name, title of position held, the department to which assigned, salary, changes in employment status, and such other information as may be considered pertinent by the Director of Personnel.

10.19: Change of Status. All actions involving all aspects of employment and change of status shall be reported promptly to the Human Resources Department by the appointing authority on the forms prescribed.

10.20: Contract for Performance of Administrative Functions
The City Council, upon recommendation of the City Manager or Director of Personnel, may contract with the governing body of any other city or county within this state, or with any state department or other public or private agency for the performance of any personnel administrative service.

10.21: Performance Evaluations
A system of compulsory, periodic, at least annual, performance evaluations shall be established by the Director of Personnel for all employees in the classified service.

June 2002

Last updated: 9/14/2009 3:04:58 PM