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Employee & Labor Relations

A Resource for County of San Mateo Employees, Supervisors, and Managers

14. Sick Leave

Extra Help AFSCME-SEIU, MOU

14.1 Accrual

Extra-help employees, excluding limited term employees, do not accrue sick leave credits.

Upon working thirty (30) days within one (1) year of beginning employment and on an annual basis thereafter for the period of continued employment, the employer shall grant each employee thirty six (36) hours or the equivalent of three (3) regularly scheduled shifts of paid sick leave. Subsequent to the date adopted by the Board of Supervisors for the successor MOU, twelve (12) sick leave hours will be loaded into the leave bank for eligible employees.

Unused sick leave shall expire at the end of the fiscal year upon receipt of the new, annual allocation or failure to return to employment.

14.2 Usage

Employees may use accrued sick leave beginning on the ninetieth (90th) day of employment.

Employees may use up to thirty-six (36) hours or up to the equivalent of three (3) regularly scheduled shifts of sick leave in a twelve (12) month period, for the following purposes:

(1) Diagnosis, care, or treatment of an employee’s existing health condition of, or preventive care or required medical or dental care or consultation;

(2) Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee’s immediate family member which includes parent, child, person for whom the employee is a legal guardian, spouse, registered domestic partner, parent-in-law, sibling, step children, grandchildren or grandparents; or

(3) For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code section 230(c) and Labor Code Section 230.1(a) to:

(a) Obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or their child; or

(b) Obtain medical attention or psychological counseling; services from a shelter, program or crisis center; or participate in safety planning or other actions to increase safety.

14.3 Procedures for Requesting and Approving Sick Leave

When the requirement for sick leave is known to the employee in advance of their 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 their supervisor as promptly as possible by telephone or other means.

The department head may require a physician’s statement from an employee who applies for sick leave. The department head may make whatever investigation into the circumstances of an employee’s request for sick leave that appears warranted before taking action on the request.

14.4 Accounting for Sick Leave

Sick leave may be used in increments of six (6) minutes.

14.5 Separation from and Reinstatement to County employment

Sick leave shall not be subject to cash out upon separation.

An employee’s unused, accrued paid sick leave shall be reinstated at the time of re-hire so long as the employee resumes County employment within one (1) year of their previous separation from County employment.

An employee who is rehired within one (1) year of separation but did not work the requisite ninety (90) days during their previous employment shall be required to work the remaining number of days needed to meet the ninety (90) days of employment before using any reinstated accrued and unused paid sick leave.