RESOLUTION OF THE BOARD OF SUPERVISORS
COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA

SECTION 9. FAMILY LEAVE

Family care leave benefits are set forth in the County's Administrative Policies and Procedures Manual.

SECTION 10. VACATION

A.A. For each hour in a regular pay status, excluding overtime, call back and standby, each regular full-time or regular part-time management or confidential-unrepresented employee (except elected officials) shall accrue vacation based on continuous County service as provided in the chart below:

B. Vacation accrual may accumulate up to the Maximum Allowable Accrual provided for in the chart in Paragraph A above.

C. For employees in Fire shift assignments who work an average fifty-six (56) hour work week, the annual accrual and maximum allowable accrual provided for in Paragraph A shall be multiplied by a factor of 1.4.

D. Upon appointment to a Department Head classification (Unit 41), an employee shall receive eighty (80) hours of vacation credit if appointed from outside Santa Barbara County government service. Upon appointment to an Assistant Department Head classification (Unit 42), an employee shall receive forty (40) hours of vacation credit if appointed from outside Santa Barbara County government service. Notwithstanding the above, persons who leave County service and who are subsequently reappointed within one year of separation are not eligible for vacation credit under this provision.

E. Employees appointed to positions in Units 32, 41-43 from outside Santa Barbara County government service from either a city, county (other than Santa Barbara County), special district, state or federal government agency shall receive credit for their prior years of public agency service towards their annual vacation accrual rate if that public agency experience ended within six months of the date of employment.

F. In addition to any credit provided for in Paragraph E, above, permanent employees who separate from County service and then return may recoup their past service credit for purposes of vacation accrual under the following conditions:

Former service credit, in such cases, shall be combined with the new and current employment, in addition to any received in accordance with Paragraph E, above, in determining the employee's vacation accrual rates.

G. Notwithstanding the provisions of Paragraphs A, B and C above, an employee absent due to a work-related injury, receiving Workers' Compensation Temporary Disability and unable to take vacation may accrue vacation above the Maximum Allowable Accrual. Following his/her return to work, the employee shall make every reasonable effort to promptly take vacation in excess of the Maximum Allowable Accrual.

H. Management and confidential-unrepresented employees may, once during each payroll year and with the approval of the department head, request pay for up to eighty hours of accrued vacation in lieu of vacation time off. Such vacation conversion shall be based on the employee's hourly rate in effect at the time of payment. After the vacation conversion, an employee shall have an accrued vacation balance of at least forty hours. Notwithstanding the above, employees in Fire shift assignments may request pay for up to one hundred twelve (112) hours of accrued vacation, and after vacation conversion shall have an accrued balance of at least fifty-six (56) hours. Any cash conversion of accrued vacation approved pursuant to this provision shall be effective no sooner than one year following any previous conversion (i.e., only one conversion is allowed in any twelve month period).

I. Except as provided below, an employee is not entitled to use vacation credits or accrual unless or until he/she has been a regular employee for six (6) continuous months. Consequently, a person failing to complete such service receives no payment for vacation credits upon termination. Department heads and assistant department heads may use the vacation credits provided in Paragraph D above, immediately upon appointment.

J. No payment in lieu of vacation shall be made to any employee except upon termination of employment or as provided for in Paragraph H and upon proper certification to the Auditor by the department head or appointing authority of such accrual. Terminating employees shall be paid for accumulated vacation as of the date of termination.

K. Vacation shall not include any regular holidays taken during a vacation period.

L. Employees may be required to take vacation with reasonable notice.

M. Vacation usage may not exceed each employee's accrued vacation balance reported on the Leave Report at the end of the prior pay period. However, the salary of an exempt employee shall not be subject to reduction because of variations in the quantity of work performed except in accordance with Department of Labor regulations (29 C.F.R. § 541.5(d)).

SECTION 11. HOLIDAYS

A. Holidays regularly observed by the County of Santa Barbara for management and confidential employees (except elected officials) are:

New Year's Day, January 1
Martin Luther King Jr.'s Birthday, 3rd Monday in January
Washington's Birthday, 3rd Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, 1st Monday in September
Veterans Day, November 11
Thanksgiving Day, 4th Thursday in November
Thanksgiving Day Friday, the day after Thanksgiving
Christmas Day, December 25
Floating Holiday (See Paragraph B below)

B. All regular employees in a pay status (including paid leave) for any portion of pay period one of each year shall be credited with eight (8) hours holiday leave. Regular part-time employees shall receive a prorated equivalent. This holiday leave must be used during the payroll year and may not be accumulated from year to year. The floating holiday credit may be used in the same pay period in which it is accrued, subject to Paragraph C below.

C. Holiday leave shall be subject to the approval and/or be taken at the direction of the appointing authority or designee.

D. Each County holiday which falls on Saturday shall be observed on the preceding Friday; and, in this event, the Saturday shall not be considered as a holiday for purposes of compensation and/or time off. Each County holiday which falls on Sunday shall be observed on the following Monday; and, in this event, the Sunday shall not be considered as a holiday for purposes of compensation and/or time off.

E. Regular employees leaving County service shall be paid all compensatory holiday time which has accrued but has not been otherwise compensated.

F. In the following sections reference to eight (8) hours shall apply to regular full-time employees and in the case of regular part-time employee the eight (8) hours shall be a prorated equivalent.

G. When a holiday falls on an employee's regularly scheduled work day, the employee shall be paid eight (8) hours cash payment for the holiday. When a holiday falls on an employee's regularly scheduled day off, the employee shall accrue eight (8) hours of compensatory holiday time.

H. When an employee who is overtime exempt is required to work on a holiday which falls on the employee's regularly scheduled work day, the employee shall, in addition to his/her regular salary for the day, accrue compensatory holiday time on an hour for hour basis for all hours worked up to eight (8) hours.

I. When an employee who is eligible for overtime is required to work on a holiday, the employee shall, in addition to eight (8) hours regular cash payment for the holiday, accrue compensatory holiday time at straight time and cash payment at one half time for all hours worked up to eight (8) hours.

J. Employees who accrue holiday time shall take the compensatory time during the payroll year in which the holiday is accrued.

K. In order to receive holiday compensation, an employee must be in paid status on the scheduled work day immediately prior to and/or after the holiday. Notwithstanding the above, neither the first day of employment nor the last day of employment may be a holiday.

L. Holiday Compensation for Fire Shift Employees -- Each pay period in which a holiday occurs, Fire shift employees shall receive additional compensation at the rate of one-tenth of the employee's basic biweekly salary for each holiday included in that pay period irrespective of whether or not the employee actually works on any such holiday, unless the employee is excused from working a regularly scheduled shift on such holiday, which time off shall be deemed full compensation for such holiday.

M. On a one-time basis, an additional floating holiday will be credited in Pay Period 1, 2006, under the same conditions as in Paragraph B.

SECTION 12. LEAVE DONATION

Employees (except elected officials) shall be eligible to participate as donors and recipients in the leave donation program, which provides a mechanism for assisting employees who have exhausted paid leave due to a serious or catastrophic illness or injury. This program allows a regular County employee to donate the monetary value of accrued vacation, holiday or overtime hours to a specific, eligible employee who has exhausted his/her own available leave balances. Serious or catastrophic illness or injury is defined as the employee's own adverse medical condition which requires the employee to be absent from work for more than twenty (20) consecutive work days, or a similarly debilitating illness or injury of the employee's immediate family member (as defined in Section 8, paragraph H) requiring the employee's attendance.

A. To receive leave donations, an employee:

B. Donated leave shall be changed to its cash value at the donor's base rate of pay and then credited to the recipient in equivalent hours of vacation at the recipient's base rate of pay.

C. Donations:

D. An employee may not donate more than eighty (80) hours to any other individual employee.

E. The total donations received into his/her vacation balance by an employee shall normally not exceed 1040 hours; however, donations in excess of 1040 hours may be considered and approved by the recipient's appointing authority.

F. Upon approval of a request for donations, the appointing authority (or his/her designee) shall, at the employee's request, post a notice of the eligible employee's need for donations on departmental bulletin boards accessible to employees; confidential medical information shall not be included in the notice. If the eligible employee is in his/her original probationary period, the notice will include a statement of that fact.

G. Donations shall be administered according to procedures established by the Auditor-Controller, and requested on a form prescribed by the Auditor-Controller. Signed approvals of the receiving and donating employees must be properly provided before a donation is processed.

Donors and hours donated shall be maintained as confidential payroll information.

H. Nothing in this section shall be construed to modify the employment relationship between the County and the receiving employee, or to restrict the County's management rights. Neither shall this section modify existing County rules, policies or agreements regarding unpaid leave of absence or family leave.