Schedules of compensation and other benefits for officers and employees of the County shall be interpreted as provided in this chapter unless otherwise indicated in an ordinance or resolution adopted by the Board of Supervisors. The provisions of this chapter apply to elected officials only with respect to establishing salaries and insurance benefits and not with respect to such items as overtime compensation, leaves and vacation allowances.
(a) An employee’s rate of pay shall be hourly or a bi-weekly salary as established by Work Group, and the compensation may be set forth in either form in the compensation schedules as the hourly rate or the hourly rate presented as the standard bi-weekly amount in terms of dollars. The pay schedules will consist of as many steps as may be found advisable for the separate classifications. The compensation rates within each schedule are designated by letter e.g., A, B, C, etc. In the case of classifications for which a single compensation rate is deemed advisable, the flat rate will be considered to be both the minimum and maximum rate. The Board of Supervisors may assign classifications to stepless ranges consisting of only a minimum and a maximum rate. When a rate of pay is higher than the maximum step of the schedule for the classification, the rate of pay so authorized will be designated as a “Y” rate by the Board of Supervisors. Such Y rate of pay shall be discontinued when the incumbent ceases to occupy the position, or whenever the last step of the compensation range assigned to that classification equals or exceeds such Y rate.
(b) The rates of pay set forth in the schedules of compensation, unless otherwise indicated in such schedules, represent the total compensation due employees, except for overtime compensation and other benefits or allowances specifically provided for by the Board of Supervisors.
(c) The rate of pay set forth in the schedule of compensation represents for each classification the standard rate of pay for full-time employment, unless the schedule specifically indicates otherwise.
(d) Where part-time service is on an irregular basis, payment for such service shall be calculated according to procedures established by the Controller, subject to the approval of the County Manager.
(e) The rates of pay set forth in the schedule of compensation do not include reimbursement for actual and necessary expenses for traveling, subsistence, and general expenses authorized and incurred incident to County employment. (Ord. 4324, 08/15/06)

The schedules or ranges of compensation shall be administered as follows:
(a) Except as herein otherwise provided, the entrance compensation for a new employee entering County service shall be the minimum compensation for the class to which appointed. When circumstances warrant, the Director of Human Resources may, upon recommendation of the department head, approve an entrance compensation which is more than the minimum compensation. Such a compensation may not be more than the maximum compensation for the class to which that employee is appointed unless such compensation is designated as a Y rate by the Board of Supervisors.
(b) All exercise of approval authority over special merit compensation increases and hiring rates, delegated by the Board of Supervisors to the Director of Human Resources under this section, shall be subject to review by the County Manager.
(c) Permanent and probationary employees serving in regular established positions shall be considered by the appointing authority on their compensation anniversary dates for advancement to the next higher step in the compensation schedule for their respective classes as follows. All increases shall be effective at the beginning of the next full pay period.
1. After completion of 1040 regular hours satisfactory service in Step A of the compensation schedule, and upon recommendation of the appointing authority, the employee shall be advanced to the next higher step in compensation schedule for the classification. If an employee is appointed at a step higher than the first step of the compensation range for that classification, the first merit increase shall be after completion of 2080 regular hours of satisfactory service.
2. After the completion of 2080 regular hours satisfactory service in each of the compensation steps above A, and upon recommendation of the appointing authority, the employee shall be advanced to the next higher step in the compensation schedule for the classification until the top of the range is reached.
3. If an employee completes the 1040 or 2080 hours in the middle of a pay period, the employee shall be eligible for an increase as follows: if the merit increase period is completed during the first week of pay period, the increase will be made effective with the start of the then current pay period; if the merit increase period is completed during the second week of a pay period the increase will be made effective with the start of the next pay period.
4. Upon recommendation of the appointing authority and approval by the Director of Human Resources, employees may receive special merit increases at intervals other than those specified in this section.
(d) Satisfactory service, for the purposes of this chapter, will be evidenced by an employee performance evaluation report submitted by the department head to the Director of Human Resources indicating that the job performance of the employee meets the standards for employee performance established by the appointing authority. When an employee’s performance evaluation report is less than standard for the period immediately preceding the compensation anniversary date, that employee’s compensation increases shall be postponed until such time as the rating is standard or higher. Following such postponement of a compensation increase the appointing authority shall submit a performance evaluation report every two pay periods until the evaluation is standard or higher, or until the employee is terminated.
(e) Compensation advancement hours balances for employees determine the timing of compensation increases in the steps of the classification that they are in.
1. Changes in an employee’s compensation because of promotion, upward reclassification, postponement of compensation step increases, or special merit increase will set a new compensation advancement hours balance for that employee.
2. Employees who are rejected during the probationary period and revert to their former classification shall return to the compensation advancement hours balance held in the former class unless otherwise determined by the Director of Human Resources.
3. The compensation advancement hours balance for an employee shall not be affected by a transfer, downward reclassification or a demotion.
4. Compensation range adjustments for a classification will not set a new compensation advancement hours balance for employees serving in that classification.
5. A permanent employee accepting provisional employment in a higher or different class in the County Classified Service, and who reverts to the former classification, shall retain the compensation advancement hours balance in the former class on the same basis as if there had been no such provisional appointment.
(f) Upon recommendation of the appointing authority and approval by the Director of Human Resources, provisional and temporary employees and those persons working extra help shall be advanced to the next higher step in the compensation schedule upon completion of the periods of service prescribed in this section, provided that their service has been satisfactory. Also, upon recommendation of the appointing authority and approval by the Director of Human Resources, continuous service in provisional, temporary or extra help capacity shall be added to service in a regular established position for the purpose of determining an employee’s compensation anniversary date, eligibility for compensation increases and vacation and sick leave accrual. However, such service may not be added if it preceded a period of over thirty (30) consecutive calendar days during which the employee was not in a pay status, except as provided for in section 2.71.130 of this chapter. (Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

Whenever the compensation range for a class is revised, each incumbent in a position to which the revised schedule applies shall remain at the step held in the previous range, unless otherwise specifically provided by the Board of Supervisors. (Ord. 4324, 08/15/06)

When an employee is promoted from a position in one class to a position in a higher class and at the time of promotion is receiving a base compensation equal to, or greater than, the minimum base rate for the higher class, that employee shall be entitled to the next step in the compensation schedule of the higher class which is at least 5.7% above the rate he has been receiving, except that the next step shall not exceed the maximum compensation of the higher class. When an employee is demoted, whether such demotion is voluntary or otherwise, that employee’s compensation shall be adjusted to the compensation prescribed for the class to which demoted, and the specific rate of pay within the range shall be determined by the Director of Human Resources. However, the Board of Supervisors may provide for a rate of pay higher than the maximum step of the schedule for the employee’s classification and designate such rate of pay as a Y rate. (Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

Whenever the functions of another public agency, or of a private agency performing functions on behalf of the County, are assumed by the County and, as a part of said assumption of functions, some or all of the employees of the agency are subsequently employed by the County to perform the same or similar functions, the unused vacation allowances and sick leave benefits accumulated by such employees in their prior employment, as of the date of their entry into County service, may at the discretion of the County Manager, be credited to each of those employees; provided, however, that no employee may be credited with vacation allowances or sick leave benefits over and above those which would have accumulated had he been employed by the County rather than by the agency. Also, such benefits may be granted only at the time that such employee initially enters County Service. Prior service as an employee of such an agency may, at the discretion of the County Manager, be credited in determining the rate of accrual eligibility for County vacation allowances and sick leave benefits.
The provisions of this section shall be applicable to employees of such an agency only if the agency pays to the County the cost, based on pay at the time of entry into County service, of providing such vacation allowances and sick leave benefits accumulated by such employees during their prior employment by such an agency. (Ord. 4324, 08/15/06)

In November of each year, the County Manager shall determine the salaries of elected department heads for the succeeding year by determining the percentage increase granted to non-elected department heads as set forth in the resolution expressing the compensation and benefits of unrepresented management personnel and applying the same percentage increase to the salaries of the elected department heads. Equity adjustments or special compensation granted to individual non-elected department heads shall not be included in the calculation of the percentage increase. The County Manager shall notify the members of the Board of Supervisors and the elected department heads of the new annual compensation by December 1st of each year and the Controller is hereby directed to pay, beginning January 1st, the new compensation as determined by the County Manager in accordance with this section.
Within 90 days prior to the commencement of the candidacy filing period for the election of County elected department heads, the Board of Supervisors shall determine the annual salary for these department head positions for the start of the next succeeding term.
The Board of Supervisors retains the authority to make whatever other salary and benefit adjustments for elected department heads as it shall, in its sole discretion, determine. (Ord. 4324, 08/15/06)

Whenever elected offices are changed to appointed offices and the officer holding such elective office is employed by the County to perform the same or similar functions, without interruption of service to the County, any unused or unpaid vacation allowances, sick leave benefits and military leave benefits accumulated by such an officer in prior employment, either in County service prior to election or during service in the elective office, shall continue and shall be added to the vacation allowances, sick leave benefits, and military leave benefits which such officer earns in the appointed position. All prior service, including elective service, shall be given credit in determining accumulation rates for County vacation allowances, sick leave benefits and military leave benefits. (Ord. 4324, 08/15/06)

(a) A member of the Board of Supervisors and their dependents shall be entitled to continue the member’s health, dental, and vision benefits upon leaving office, provided that: (1) the member served in office after January 1, 1981; (2) the member’s total service at the time of termination is not less than 12 years; and (3) the member is not eligible for retirement or chooses not to retire under the County retirement system.
(b) The County will pay the premiums or other charges for the former member’s health, dental and vision benefits pursuant to the following formula: For each two months of service on the Board, the County will pay one month’s premium for such benefits. Thereafter, the former member may continue the insurance for such benefits if authorized by the respective carriers. If the former member dies before the County’s obligation to pay premiums expires, the County will continue to pay premiums for the former member’s spouse and dependents until the County’s obligation under this section expires.
(c) This section shall automatically be repealed and cease to have any effect in the event that the San Mateo County Charter is amended to eliminate the provision of Charter section 202 that Supervisors may serve no more than three consecutive terms in office. (Ord. 4324, 08/15/06)

(a) The standard work week for employees occupying full-time positions consists of forty hours, unless otherwise specified by the Board of Supervisors. The appointing authority shall fix the hours of work with due regard for the convenience of the public and the laws of the State and the County. All time shall be accounted for in six (6) minute increments.
(b) Employees occupying part time positions shall work such hours and schedules as the Board and the appointing authority shall prescribe.
(c) Except as hereinafter provided, County offices shall be open for the transaction of business from 8:00 a.m. to 5:00 p.m. every day except Saturdays, Sundays and holidays. With the approval of the County Manager, a department head may make such changes to the schedule of office hours as public convenience or necessity may require.
(d) Each department shall maintain complete attendance records for all employees showing time worked and including all categories of the employees’ pay status such as straight time, overtime, shift differential pay, call back pay, vacation, sick leave, leaves of absence, and other categories. Department heads shall insure that utilization of employee benefits such as vacations, all leaves of absence, and other related benefits and privileges do not exceed those which they have accrued or have been allowed. (Ord. 4324, 08/15/06)

(a) Definition. Except as otherwise provided by Charter, employees working overtime shall be compensated as provided by law, or by the applicable memorandum of understanding or resolution of the Board of Supervisors as appropriate, whether compensated by monetary payment or by the granting of compensatory time off. Persons working extra help shall be paid at the overtime rate after having worked forty hours during a work week, which is defined as a fixed and regularly recurring period of seven consecutive twenty-four hour periods. The smallest increment of working time that may be credited as overtime is six minutes. Portions of six minutes worked at different times shall not be added together for the purpose of crediting overtime.
(b) The Director of Human Resources shall allocate all job classifications to the following prescribed work groups:
1. Work Group 1: Employees in Work Group 1 are covered by the FLSA and may be compensated for overtime worked either by monetary payment or by compensatory time off, at the option of the employee. Compensatory time off which accrues in excess of 80 hours must be liquidated by monetary payment. All monetary payments for overtime must be paid not later than the next bi-weekly payroll following the pay period in which the overtime was worked.
2. Work Group 2: Employees in Work Group 2 are exempt from the FLSA and such employees may be compensated for overtime worked only by being allowed compensatory time off. Effective December 31, 1973, no more than 240 hours of such compensatory time off may be accumulated at any one time.
3. Work Group 3 has been deleted.
4. Work Group 4: Employees in Work Group 4 are exempt from Fair Labor Standards Act. Employees who have management overtime (MOT) hours available may use such time balances as time off. Any time balance not taken as time off prior to retirement or termination will be cashed out at that time.
Management employees not including elected employees shall receive 5.0 hours of Administrative Leave each pay period. No more than 260 hours of such administrative leave time may be accumulated at any one time. Time accruals may only be compensated by being allowed time off, with the exception that in April of each year, employees in Work Group 4 will have the opportunity to convert 50% of their then current Administrative Leave hours balance for a cash payment. Time balances remaining at separation from County employment shall be cashed out.
5. Work Group 5: Employees in Work Group 5 are exempt from the Fair Labor Standards Act. Such employees may be compensated for overtime worked either by monetary payment or by compensatory time off, at the option of the employee. Compensatory time off which accrues in excess of 80 hours must be liquidated by monetary payment.
(c) Requirements for Overtime.
1. All compensable overtime must be authorized by the appointing authority or designated representative in advance of being worked. If prior authorization is not feasible because of emergency conditions a confirming authorization must be made on the next regular working day following the date on which the overtime was worked. Overtime worked must be in the job classification in which the person is regularly employed or in a classification for which the employee is authorized higher pay for work in a higher class.
2. Employees required to report back to work during off duty hours shall be compensated for a minimum of two hours of overtime. Employees in an on-call status are excluded from this provision.
(d) Compensatory Time Off. When authorizing compensatory time off the appointing authority shall consider when the employee desires to utilize such compensatory time off. The decision of the appointing authority shall be final. Accrued compensatory time must be used by employees in Work Group 2 prior to retirement or termination; otherwise, it shall be forfeited. The smallest increment of compensatory time which may be taken off is six minutes. (Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

(a) Full-time employees in established positions shall be entitled to take all authorized holidays on full pay, not to exceed 8 hours for any one day. Part-time employees shall be entitled to holiday pay in proportion to the percentage of full-time hours worked during the pay period which includes each holiday, i.e., a part-time employee working fifty (50) percent of the full-time hours in a pay period shall be paid for 4 hours for each holiday falling within that pay period. Extra help workers are not entitled to paid holidays. If such employees work holidays they shall be paid the same amount as for any other day.
(b) The holidays for the County are:

Effective on February 12, 2001, for each February 12th thereafter, employees will be credited with a floating holiday (8 hours of holiday time). This provision shall not apply to Court employees who shall continue to observe Lincoln’s Birthday as a Holiday.
Every day appointed by the President of the United States or the Governor of the State of California to be a day of public mourning, thanksgiving, or holiday. The granting of such holidays shall be discretionary with the Board of Supervisors.
If the legislature or the Governor appoints a date different from the one shown above for the observance of one of these holidays, then San Mateo County shall observe the holiday on the date appointed by the Legislature or the Governor.
(c) For employees not exempt from the FLSA or for those for whom holiday pay is not covered in a MOU, if any one of the listed holidays falls on a Sunday and the employee is not regularly scheduled to work that day, the employee’s first regularly scheduled work day following the holiday shall be considered a holiday. If any one of the listed holidays falls on a day other than Sunday and the employee is not regularly scheduled to work that day, or if such employee is required to work on a holiday, the employee shall be entitled to equivalent straight time off, not to exceed 8 hours, during the one calendar year following the holiday except as provided by individual memoranda of understanding. In County facilities where there is 24 hour per day coverage, employees working such coverage shall observe holidays on the actual date of the holiday.
(d) Employees eligible for overtime payments who work more than their regularly scheduled shift on a holiday shall be compensated for such excess time as provided in section 2.71.100, Overtime. (Ord. 4324, 08/15/06)

(a) Vacation Allowance. Full-time employees, excluding extra help, or as otherwise provided, shall be entitled to vacation with pay in accordance with the following schedule except as provided by individual memoranda of understanding or by ordinance or resolution of the Board of Supervisors:
1. During the first five years of continuous service, vacation will be accrued at the rate of 4 hours for each bi-weekly pay period.
2. After the completion of five years of continuous service, vacation will be accrued at the rate of 4.9 hours for each bi-weekly pay period.
3. After the completion of ten years of continuous service, vacation will be accrued at the rate of 5.9 hours for each bi-weekly pay period.
4. After the completion of fifteen years of continuous service, vacation will be accrued at the rate of 6.5 hours for each bi-weekly pay period.
5. After the completion of twenty years of continuous service, vacation will be accrued at the rate of 6.8 hours for each bi-weekly pay period.
6. After the completion of twenty-five years of continuous service, vacation will be accrued at the rate of 7.4 hours for each bi-weekly pay period.
7. No employee will be allowed to earn vacation once an accumulation of 52 bi-weekly pay periods’ vacation accrual has been accrued. However, employees may accrue unlimited vacation time in excess of the maximum allowance when such vacation accrues because of remaining in a pay status during periods of illness or injury which precluded liquidating vacation credits earned in excess of the maximum allowed.
8. No vacation will be permitted prior to the completion of 13 full pay periods of continuous service, in any status without approval of the appointing authority.
9. Vacation may be used in increments of six minutes.
10. Persons working extra help do not accrue vacation credits, except that the service of an employee in an extra help capacity shall be included with service in a regular established position in computing vacation allowance for the purpose of this section. However, such service in an extra help or seasonal capacity may not be included if it preceded a period of over twenty-eight (28) consecutive calendar days during which the employee was not in a pay status.
(b) Vacation Schedule. The time at which employees shall be granted vacations shall be at the discretion of the appointing authority. Length of service and seniority of employees shall be given consideration in scheduling vacations and in giving preference as to vacation time.
(c) Vacation Allowance for Separated Employees. When an employee is separated from County service, his remaining vacation allowance shall be added to his final compensation. Such employees shall not be allowed to remain on the County payroll and accrue sick leave, vacation, or other benefits beyond the date of termination.
(d) Vacation Pay. Payment for vacation shall be at the base pay of the employee plus applicable scheduled differential, if any. (Ord. 4324, 08/15/06)

(a) Accrual. All employees shall accrue sick leave at the rate of 3.7 hours for each bi-weekly pay period of full-time work. Such accrual shall be prorated for any employee who work less than full time during a pay period. For the purpose of this section absence in a pay status shall be considered work. This section does not apply to persons working extra help.
(b) Usage.
1. Employees are entitled to be paid for sick leave used, to a maximum of the time accrued, under the following conditions:
a. The employee’s illness, injury, or exposure to contagious disease which incapacitates him/her from performance of duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom as determined by a licensed physician.
b. The employee’s receipt of required medical or dental care or consultation.
c. The employee’s attendance on a member of the immediate family who is ill.
d. The employee’s preparation for or attendance at the funeral of a member of the immediate family.
e. The employee’s attendance to an adoptive child for up to six (6) weeks immediately after the arrival of the child in the home.
2. For the purpose of this section immediate family means parent, spouse, domestic partner, son, daughter, sibling, step children, mother-in-law, father-in-law, grandparents or grandchildren. For the purpose of subsection (a)(1) of this section only, immediate family also includes son-in-law, daughter-in-law, granddaughter-in-law and siblings-in-law.
(c) Procedures for Requesting and Approving Sick Leave.
1. When the requirement for sick leave is known to the employee in advance of the absence, the employee shall request authorization for sick leave at such time, in the manner hereinafter specified. In all other instances the employee shall notify his supervisor as promptly as possible by telephone or other means.
2. Before an employee may be paid for the use of accrued sick leave he shall complete and submit to his department head a signed statement, on a prescribed form, affirming the need for leave, stating the dates and hours of absence, and such other information as is necessary for the request to be evaluated. If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the department head and the Controller.
3. The department head may require a physician’s statement from an employee who applies for sick leave, or make whatever investigation into the circumstances that appears warranted before taking action on the request.
(d) Accounting for Sick Leave.
1. Sick leave may be used in increments of six minutes.
2. Payment for sick leave used shall be at the employee’s base pay, plus applicable differential, if any.
(e) Credits.
1. When an employee who has been working in a seasonal or extra help category is appointed to a permanent position such appointee shall receive credit for such extra help or seasonal period of service in computing accumulated sick leave, provided that no credit shall be given for service preceding any period of more than twenty-eight (28) consecutive calendar days in which an employee was not in pay status.
2. If an employee who has unused sick leave accrued is laid off and subsequently reemployed in a permanent position, such sick leave credits shall be restored upon reemployment. The employee shall not have any portion of sick leave credits restored for which he received compensation at the time of or subsequent to the day of layoff.
(f) Incapacity to Perform Duties. If the appointing authority has been informed through a doctor’s report of a medical examination, that an employee is not capable of properly performing his duties, he may require the employee to absent himself/herself from work until the incapacity is remedied. During such absence the employee may utilize any accumulated sick leave, vacation, holiday and compensatory time.
(g) Use of Sick Leave While on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee:
1. Was hospitalized during the period for which sick leave is claimed;
2. Received medical treatment or diagnosis and presents a statement indicating illness or disability signed by a physician covering the period for which sick leave is claimed; or
3. Was preparing for or attending the funeral of a member of the immediate family;
4. To have sick leave considered in lieu of vacation the request and substantiation must be provided within ten (10) days of the employees’ return to work.
(h) Sick Leave During Holidays. Paid holidays shall not be considered as part of any period of sick leave, unless the employee is scheduled to work on that holiday.
(i) State Disability Insurance. The County of San Mateo participates with the State of California in administering the State Disability Insurance program (SDI) as it applies to eligible County employees. The County does not determine employee eligibility nor the amount of SDI benefits. The County will provide application forms for County employees so that they may participate in the program.
The SDI program as it applies to eligible San Mateo County employees is considered “integrated.” Integration requires that the County deduct from employees’ compensation an amount equal to the SDI benefits received and a credit shall be made to the employee’s accumulated sick leave balance. The above deductions and sick leave credits shall be done consistent with procedures developed by the County Director of Human Resources for implementing the integrated SDI program.
The County Director of Human Resources shall develop procedures and monitor their application in order that the integrated SDI program may be implemented for eligible County employees. (Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

(a) General.
1. Employees shall not be entitled to leaves of absence as a matter of right except in accordance with the provisions of law and this code; provided, however, if a disability retirement application has been filed with the County Board of Retirement, a leave may be granted pending decision by that Board. Unless otherwise provided, the granting of a leave of absence also grants to the employee the right to return to a position in the same classification, or equivalent classification, in the same department, as held at the time the leave was granted, provided such position remains. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave. The cost of the provision of benefits during any leave may be recovered if the employee fails to return from leave after the period of leave and the employee’s failure to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave or other circumstances beyond the control of the employee.
2. Approval and Appeals. Initial action to approve or disapprove any leave of absence shall be by the employee’s appointing authority; however, leaves of absence of more than two (2) bi-weekly pay periods must also be approved by the Director of Human Resources. Denial of requested leave in whole or in part by the appointing authority may be appealed by the employee to the Director of Human Resources, whose decision shall be final.
3. Employees on leaves of absence without pay for more than two bi-weekly pay periods shall not be entitled to payment by the County of the premiums for their health, dental, life or long term compensation continuance insurance, except as provided hereinafter. The entitlement to County payment of premiums shall end on the last day of two full bi-weekly pay periods in which the employee was absent. An employee who is granted a leave of absence without pay for reasons of the employee’s illness or injury shall be entitled to have two bi-weekly pay periods insurance premiums paid by the County for each year of County service, or major fraction thereof, up to a maximum of twenty-six bi-weekly pay periods payment of premiums.
4. Authorized Absence Without Pay for More than Twenty-Eight Days. Authorized absence without pay which exceeds twenty-eight (28) consecutive calendar days, for either: (1) a leave of absence for personal reasons, or (2) a leave of absence on account of illness or injury not compensated through Workers’ Compensation benefits, or (3) a leave of absence to fill an unexpired term in an elective office shall not be included in determining compensation adjustment rights, or any seniority rights based on length of employment.
(b) Disability Leave with Pay.
1. Definition. Disability leave with pay is an employee’s absence from duty with pay because of disability caused by illness or injury arising out of and in the course of employment which has been declared to be compensable under the Workers’ Compensation Law.
2. Payment. Payment of disability leave shall be at the base pay of the employee and shall be reduced by the amount of temporary disability indemnity received pursuant to Workers’ Compensation Law.
3. Application for and Approval of Disability Leave with Pay.
a. In order to receive pay for disability leave, an employee must submit a request on the prescribed form to the appointing authority describing the need for such leave and all information required for Risk Management to evaluate the request. The employee must attach to the request a statement from a physician certifying to the nature, extent, and probable period of illness or disability.
b. No disability leave with pay may be granted until after the State Compensation Insurance Fund or County’s Workers’ Compensation claims administrator has declared the illness or injury to be compensable under Workers’ Compensation Law and has accepted liability on behalf of the County, or the Workers’ Compensation Appeals Board has ordered Workers’ Compensation benefits to be paid.
4. Length of Disability Leave with Pay. Except for Safety members of the Retirement System, eligible employees shall be entitled to disability leave for the period of incapacity as determined by a physician, but not to exceed a maximum of ninety calendar days for any one illness or injury. Safety members, as defined in the Government Code and in determinations made by the San Mateo County Board of Retirement, may be found eligible for disability leave up to a maximum of 26 bi-weekly pay periods. Holidays falling within the period of disability shall extend the maximum days allowed by the number of such holidays.
(c) Disability Leave Without Pay.
1. Definition. Disability leave without pay is an employee’s absence from duty without County pay because of disability caused by illness or injury arising out of and in the course of employment which has been declared to be compensable under Workers’ Compensation Law. Only permanent or probationary employees occupying permanent positions are eligible for disability leave without pay. Such leave is taken after the disabled employee has used up allowable disability leave with pay, as well as accrued credits for sick leave. At the employee’s option, vacation and compensatory time off accruals may also be used.
2. Application for and Approval of Disability Leave Without Pay. In order to receive disability leave without pay, an eligible employee must submit a request on the prescribed form to the appointing authority stating the need for such a leave and providing all information required for the appointing authority to evaluate the request. The employee must attach to the request a statement from a physician certifying to the nature, extent and probable period of illness or disability.
3. Length and Amount of Disability Leave Without Pay. Disability leave without pay may not exceed twenty-six bi-weekly pay periods for any one injury. The combined total of disability leave with pay and disability leave without pay for one accident or illness may not exceed thirty-two bi-weekly pay periods. However, Safety members of the Retirement System may be allowed a maximum of fifty-two bi-weekly pay periods’ total disability leave for any one injury. In the event an employee is disabled and is receiving Workers’ Compensation benefits this leave may be extended as long as such disability continues.
(d) Leave of Absence Without Pay.
1. Purpose and Length. Only permanent or probationary employees occupying permanent positions are eligible for leaves of absence without pay under the provisions of this section.
a. Leaves Granted by an Appointing Authority. An appointing authority may grant leave of absence without pay for personal reasons up to maximum of two bi-weekly pay periods.
b. Leaves of Absence on Account of Illness or Injury. Leaves of Absence without pay on account of illness or injury which are not job incurred may be granted for a maximum period of twenty-six full bi-weekly pay periods. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom. Such leaves will be granted only after all accrued sick leave credits have been used and shall be substantiated by a physician’s statement.
c. Leaves of Absence for Personal Reasons. Leaves of Absence without pay on account of personal reasons may be granted for a maximum period of thirteen full bi-weekly pay periods at the discretion of the appointing authority. Such leaves shall only be granted after all accrued vacation and holiday credits have been used.
d. Leaves of Absence to Accept Temporary Employment Outside the County Government. An employee may be granted a leave of absence without pay for up to four years in order to accept employment or training in a position outside the County government. The employment and/or training should provide for either an increase in the effectiveness of the employee in a current job assignment or an enhancement of the employee’s advancement possibilities within the County.
e. Leaves of Absence to Accept a Position in the Unclassified Service. An employee who has permanent status in the classified service may be granted a leave of absence for a maximum period of four years in order to accept a position in the unclassified service. Upon termination of employment in the unclassified service such employee shall have the right to return to a position in the same or comparable classification occupied at the time the leave of absence was granted without loss of any seniority rights specified elsewhere in this chapter.
f. Leaves of Absence to Fill an Unexpired Term in an Elective Office. An employee who has permanent status in the classified service may be granted a leave of absence in order to accept an appointment to fill the unexpired term in an elective office which has become vacant. Upon expiration of such term, or sooner, the employee shall have the right to return to a position in the same or comparable classification occupied at the time the leave of absence was granted.
g. Parental Leave. An employee/parent of either sex may be granted a leave of absence without pay for the purpose of fulfilling parenting responsibilities during the period of one (1) year following the child’s birth, or one (1) year following the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. Leave under this section shall be for a maximum period of thirteen (13) bi-weekly pay periods. Use of accrued vacation, sick, compensatory time or holiday credits shall not be a pre-condition for the granting of such parental leave.
h. Family Care and Medical Leave. Any permanent or probationary employee occupying a permanent position or any employee with 12 months of service and who has at least 1,250 hours of service during the previous 12 months shall be granted Family Care and Medical Leave which shall be administered in accordance with the State Family Care and Medical Leave Act and the Federal Family and Medical Leave Act of 1993. Such leave shall run concurrently with any other leave provided under this code. Use of accrued vacation, sick, compensatory time or holiday credits shall not be a pre-condition for the granting of leave under this section except for leave because of an employee’s own health condition, for which the employee shall use any accrued sick leave.
2. Application for and Approval of Leaves of Absence Without Pay. In order to receive leave without pay an employee must submit a request on the prescribed form to the appointing authority describing the reasons for the request and all other information required for the appointing authority to evaluate the request.
(e) Military Leaves of Absence. The provisions of the Military and Veterans Code of the State of California shall govern military leave of County employees.
(f) Absence Due to Required Attendance in Court. Upon approval by the appointing authority, any employee, other than extra help shall be permitted absence from duty for appearance in Court because of jury service, in obedience to subpoena or by direction of proper authority, in accordance with the following provisions:
1. Absence from duty will be with full pay for each day the employee serves on the jury or testifies as a witness in a criminal case, other than as a defendant, including necessary travel time. As a condition of receiving such full pay, the employee must remit to the County Treasurer, through the employee’s department head, within fifteen days after receipt, all fees received except those specifically allowed for mileage and expenses.
2. Attendance in Court in connection with an employee’s usual official duties or in connection with a case in which the County of San Mateo is a party, together with travel time necessarily involved, shall not be considered absence from duty within the meaning of this section.
3. Absence from duty will be without pay when the employee appears in private litigation to which the County of San Mateo is not a party or for which testimony is not in connection with official duties.
4. Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the County Treasurer through the employee’s department head.
(g) Absence Without Leave.
1. Refusal of Leave or Failure to Return After Leave. Failure to report for duty after a leave of absence request has been disapproved, revoked or canceled by the appointing authority, or at the expiration of a leave shall be considered an absence without leave.
2. Absence Without Leave. Absence from duty without leave for any length of time without an explanation satisfactory to the appointing authority is cause for dismissal. Absence without leave for four or more consecutive days without an explanation satisfactory to the appointing authority shall be deemed a tender of resignation. If within thirty calendar days after the first day of absence without leave a person who has been absent makes an explanation satisfactory to the Board of Supervisors, the Board may reinstate such person.
(h) Educational Leave of Absence with Pay.
1. Educational leave of absence with pay may be granted by the appointing authority to employees under the conditions specified in this section. In order to be granted educational leave of absence with pay an employee must submit on the prescribed form a request to the appointing authority containing all information required to evaluate the request.
2. Educational Leave of Absence with Pay From County Funds.
a. The appointing authority may, after approval of an employee’s application, grant leave of absence with pay for a maximum of sixty-five working days during any fifty-two biweekly periods for the purpose of attending a formal training or educational course of study. Eligibility for such leaves will be limited to employees with at least one year of continuous service; persons working extra help or on a temporary basis are not eligible. Such leaves will be granted only in cases where there is a reasonable expectation that the employee’s work performance or value to the County will be enhanced as a result of the course of study. Courses taken as part of a program of study for a college undergraduate or graduate degree will be evaluated individually for job-relatedness under the above described criteria.
b. The employees must agree in writing to continue working for the County for at least the following minimum periods of time after expiration of the leave of absence:

(Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

a. The County Manager shall have the authority to credit a management employee up to 40 hours of vacation and 48 hours of sick leave in addition to normal vacation and sick leave accrual, provided such credit must be made within 180 days of employment.
b. The County Manager shall have the authority to provide to a management employee advanced levels of vacation accrual as if the employee had otherwise been working for the County the required number of years for the higher accrual rate, provided such credit must be made within 180 days of employment. (Ord. 4324, 08/15/06)

a. The County may reimburse an employee for tuition and related fees paid for taking a course of study in an off-duty status if the subject matter content of the course is closely related to the employee’s present or probable future work assignments. Limits to the amount of reimbursable expenses may be set by the Director of Human Resources with concurrence of the County Manager. There is a reasonable expectation that the employee’s work performance or value to the County will be enhanced as a result of the course of study. Courses taken as part of a program of study for a college undergraduate or graduate degree will be evaluated individually for job relatedness under the above criteria. The employee must both begin and successfully complete the course while employed by the County in order to be eligible for reimbursement.
b. The employee must submit an application on the prescribed form to their department head giving all information needed for an evaluation of the request. The department head shall recommend approval or disapproval and forward the request to the Director of Human Resources for review and decision. In order to be reimbursed, the employee’s application must have been approved before enrolling in the course.
c. Upon completion of the course the employee must submit to the Department of Human Resources a request for reimbursement accompanied by a copy of the school grade report or a certificate of completion. The Department of Human Resources shall, if the employee satisfactorily completes the course, forward it to the Controller for payment. Reimbursement may include the costs of tuition and related fees. Effective July 1, 2007, the County will reimburse up to $25.00 per course for books under conditions specified by the Department of Human Resources. Reimbursement for books will only be made for community college, undergraduate level or graduate level courses. (Ord. 4324, 08/15/06; Ord. 4327, 09/12/06; Ord. 4373, 05/22/07)

Every unclassified employee and every unclassified appointive officer, except those enumerated in sections 4 and 5 of article VI of the County Charter, who is accused by indictment, information or complaints of an act or acts which would constitute a felony, or a misdemeanor involving moral turpitude, may be placed by his appointing officer on leave of absence for not to exceed 30 days pending investigation of such accusations. If disciplinary action is not taken on or before the date such leave is terminated, the leave shall be with pay. If disciplinary action is taken on or before the date such leave is terminated, the disciplinary action may be specified to be retroactive to any date on or after the date the employee or officer went on leave. If disciplinary action is retroactive to a date later than the date the employee or officer went on leave, the leave prior to the effective date of the disciplinary action shall be with pay. If the disciplinary action consists of a reprimand and no more the leave shall be with pay.
As used in this section, “disciplinary action” means dismissal, demotion, suspension without pay, or reprimand.
In any case where the hiring or dismissal of an employee or officer requires the approval of any other officer, board or commission, in addition to the appointing officer, no disciplinary action shall be taken against such employee or officer without the approval that would have been required for his hiring or dismissal. (Ord. 4324, 08/15/06)

All resignations of County officers and heads of departments must be in writing and must be made to the County Manager. All resignations of subordinate officers, deputies, clerks and employees shall be made in writing addressed to the appointing authority as defined in section 2.15.010 of this code. All resignations shall be effective on the date designated therein or if no date is designated, then on the date delivered. (Ord. 4324, 08/15/06)

The provisions of the Rules of the Civil Service Commission, a copy of which is on file with the Clerk of the Board of Supervisors, with reference to vacations and leaves of absence, including sick leave and disability leave, shall be applicable to unclassified employees; provided that where the word “Commission” is used therein it shall be deemed to mean “Board of Supervisors.” The Director of Human Resources of the County of San Mateo shall assist and recommend to the Board of Supervisors in the administration of such provisions. (Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

Employees under the jurisdiction of the Sheriff, the Agricultural Commissioner and the Superintendent of Parks and Recreation may be required by said department heads to provide at their own expense and wear uniforms when on duty, provided however that where the wearing of such uniforms is determined by said department heads to be necessary in connection with the performance of part or all of their duties such employees shall be entitled to a uniform allowance not to exceed the maximums for each department established by the Board of Supervisors. Said uniforms shall be in accordance with specifications established by such department heads and approved by the County Manager. Employees in certain other departments shall wear such uniforms as are provided therefor and approved by the County Manager. (Ord. 4324, 08/15/06)

Except as provided in the annual compensation ordinance of the County, officers and personnel serving the County must pay the prescribed rate when eating at County institutions which serve meals; provided, however, that volunteer staff members on duty at any such institution at meal time and staff members and County officers who are attending meetings at such institutions may receive their meals without charge upon approval of the department head in charge of the operation of the institution. A record of the number of such meals served shall be maintained by the department operating the institution. (Ord. 4324, 08/15/06)