(a) Every civilian employee of the City shall be entitled to sick leave with pay as provided herein, if the employee is compelled to be absent from work on account of any illness or injury other than that caused by or arising from the employee's own moral turpitude. Such sick leave shall be allowed as follows:
1. Full-Time Employees.
A. Full-time employees shall begin accruing sick leave on the first day of employment. Employees shall accrue a total of one day (8 hours) of sick leave at the end of the first month (30 calendar days) of employment and shall accrue one additional day at the end of each subsequent month (30-calendar day period) worked until January 1. Beginning January 1, employees shall accrue sick leave as provided in Subsection (a)1.B of this section. Employees may use their accrued sick leave beginning on the 90th day of City employment (90 calendar days from the date of hire).
B. Beginning the January 1 subsequent to the date of their initial City employment, full- time employees shall be allowed 96 hours leave at 100% of full pay and 40 hours at 75% of full pay each calendar year for sick leave, plus the hours of sick leave accrued and accumulated as provided herein.
C. Employees hired prior to January 1, 1998, who were previously allowed to accrue 40 hours of leave at 50% of full pay each calendar year shall have any unused balance of such sick leave frozen with no further credits or withdrawal permitted.
D. Notwithstanding the provisions of this section, employees in representation units shall be governed by the provisions of the Memorandum of Understanding for their representation units. Changes in employees’ rates of sick leave accrual resulting from changes in their representation unit, shall be adjusted on the January 1 following such change.
2. Half-Time Employees.
A. Half-time employees as defined by Section 4.110(a) of this Code, shall begin accruing prorated sick leave on the first day of employment. Sick leave for a half-time employee shall be prorated on the basis of total number of hours scheduled in relationship to the total number of hours required for full-time employment. Employees may use their accrued sick leave beginning on the 90th day of City employment (90 calendar days from the date of hire).
B. Beginning the January 1 subsequent to the completion of 12 calendar months of employment following their date of hire, half- time employees shall be provided prorated sick leave hours based on the calendar year sick leave allotment for full-time employees of 96 hours at 100% of full pay and 40 hours at 75% of full pay, plus the hours of sick leave accrued and accumulated as provided in this Article. The prorated amount of 100% and 75% sick leave hours for half-time employees will be calculated on the basis of the total number of hours compensated in the previous 12-month calendar period (January 1 through December 31) in relationship to the total number of hours required for full-time employment.
3. Intermittent Employees.
A. Intermittent employees, as defined by Section 4.110(b) of this Code, shall begin accruing sick leave on the first day of employment. Employees shall accrue at a rate of one hour for every 29 hours worked. Employees may use their accrued sick leave beginning on the 90th day of City employment (90 calendar days from the date of hire) up to a maximum of 48 hours each calendar year.
B. Sick leave for intermittent employees may be accumulated up to a maximum of 48 hours each calendar year. Any accrued, unused sick leave remaining at the end of the calendar year shall carry over to the following year. Any sick leave accumulated in excess of the maximum amount shall be deemed waived and lost.
C. Intermittent employees with accrued Compensatory Personal Time Office (CPTO) pursuant to Section 4.110.1 of this Code, who become full-time or half-time employees, shall be allowed to carry over into their 100% sick leave bank a maximum of 48 hours of unused CPTO. Any unused CPTO in excess of the 48 hours carried over shall be deemed waived and lost. Employees shall be eligible immediately as a full- time or half-time employee to accrue and use sick leave at the appropriate rate in accordance with this section.
D. When a full-time or half-time employee becomes an intermittent employee, all accrued and accumulated sick leave for which the employee has been credited shall remain credited to the employee in the amounts so accrued and accumulated. Such credited sick leave hours may be accessed and used by the intermittent employee, however, the rate of sick leave earned and accrued as an intermittent employee shall be in accordance with Subsection (a)3.A herein.
4. Employees Transferring to or from the Department of Water and Power.
A. Employees Originally Employed by the Department of Water and Power Who Transfer for the First Time to Another City Department. Employees in the Department of Water and Power who subsequently transfer or are appointed to a class in another City department, with no previous employment in a City department other than the Department of Water and Power, shall be provided with the equivalent number of 100% sick time hours available to the employee at the date of such transfer from the Department of Water and Power up to a maximum of 80 hours of 100% sick time. In addition, full-time employees will accrue eight hours of 100% sick time each month until the next following January 1, at which time the employees will accrue sick leave as provided for in Subsection (a)1.B. Half-time and intermittent employees will accrue 100% sick time in accordance with Subsection (a)2. or (a)3., depending on their employment status.
B. Employees Who Transfer to the Department of Water and Power from Another City Department. Employees in a City department who subsequently transfer or are appointed to a class in the Department of Water and Power shall not have their accrued, unused sick time (100%, 75%, and 50%) transferred with them as the Department of Water and Power has its own distinct sick leave program for its employees. Any accrued, unused sick time available at the time of said transfer to the Department of Water and Power shall remain frozen with the City, which shall be restored to employees if they return to another City department within one year per Los Angeles Municipal Code Section 187.04 “Sick Time Benefits”.
C. Employees Who Transfer Back to Another City Department from the Department of Water and Power Within One Year. Employees who return to another City department within one year who have no accrued, unused sick time available at the time of their transfer to the Department of Water and Power, shall be subject to the provisions of paragraph A. above.
Employees returning within one year who had 80 or more hours of accrued, unused 100% sick time available at the time of their transfer to the Department of Water and Power shall have their frozen accrued, unused sick time (100%, 75%, and 50%) restored and shall not receive any equivalent 100% unused sick time from the Department of Water and Power.
Employees returning within one year who had less than 80 hours of accrued, unused 100% sick time available at the time of their transfer to the Department of Water and Power shall have their frozen accrued, unused sick time (100%, 75%, and 50%) restored and shall receive any equivalent 100% unused sick time from the Department of Water and Power, up to an aggregate of 80 hours of 100% sick time (combination of 100% sick time hours from the City and the Department of Water and Power).
D. Employees Who Transfer Back to Another City Department from the Department of Water and Power after One Year. Employees who return to another City department from the Department of Water and Power after one year shall be subject to the provisions of paragraph A. above. Said employees shall not have access to their previously accrued, unused sick time available at the time of their transfer to the Department of Water and Power.
(b) Any unused balance of sick leave at full pay at the end of any calendar year shall be carried over and accumulated from one calendar year to the next to a maximum of 800 hours, provided, however, that any sick leave at full pay remaining unused at the end of any calendar year, which, if added to an employee’s accumulated sick leave at full pay, will exceed 800 hours, shall, as soon as practicable after the end of each calendar year, be compensated for by cash payment of 50% of the salary rate current at the date of payment.
Notwithstanding the immediately preceding paragraph, effective December 31, 2023, for calendar years 2023, 2024, 2025, 2026, 2027, and 2028, any unused balance of sick leave at full pay remaining at the end of each of those calendar years, which, if added to an employee’s accumulated sick leave at full pay, will exceed 800 hours, shall, as soon as practicable after the effective date of this provision for calendar year 2023 and as soon as practicable after calendar years 2024, 2025, 2026, 2027, and 2028, be compensated for by cash payment of 100% of the salary rate current at the end of the pay period containing the date of December 31. Accordingly, for calendar year 2023 any employee who was compensated in January 2024 for accumulated sick leave in excess of 800 hours at 50% of full pay, shall be paid an additional amount equal to the original amount received in January 2024. For calendar years 2029 and thereafter, payouts of the balance of specified accumulated sick leave shall revert back to being compensated under the provision codified in the immediately preceding paragraph, which provides for cash payment of 50% of the salary rate current at the date of payment.
If an employee retires from the service of the City or, if an employee who is eligible to retire on or after July 1, 1996, dies prior to retirement, any balance of accumulated sick leave at full pay up to a maximum of 800 hours remaining unused at the time of retirement or death shall be compensated to the employee or, in the event of the death of the employee, to the employee’s legal beneficiaries, by cash payment of 50% of the employee’s salary rate on the date of retirement or death. Effective January 1, 1997, if an employee retires from the service of the City or if an employee who is eligible to retire on or after July 1, 1996, dies prior to retirement, any balance of accumulated sick leave at 50% of full pay remaining unused at the date of retirement or death shall be compensated by cash payment at 25% of the employee’s salary rate current at retirement or death.
Notwithstanding the immediately preceding paragraph, from December 31, 2023, through December 23, 2028, inclusive, if an employee retires from City service or, if an employee who is eligible to retire on or after July 1, 1996, dies prior to retirement, any balance of accumulated sick leave at full pay up to a maximum of 800 hours remaining unused at the time of retirement or death shall be compensated to the employee or, in the event of the death of the employee, to the employee’s legal beneficiaries, by cash payment of 100% of the employee’s salary rate on the date of retirement or death. Any balance of accumulated sick leave at 50% of full pay remaining unused at the time of retirement or death shall be compensated to the employee or, in the event of the death of the employee, to the employee’s legal beneficiaries by a cash payment of 50% of the employee's salary rate on the date of retirement or death. Commencing December 24, 2028, and thereafter, payouts of the balance of specified accumulated sick leave shall revert back to being compensated under the provision codified in the immediately preceding paragraph, which provides for cash payment of 50% or 25%, whichever is applicable, of the salary rate current at the date of payment.
The appointing authority shall authorize cash payment to the legal beneficiaries of any City employee who is killed during the performance of job-related duties for the balance of the employee’s accumulated full-pay sick leave at 100% of the employee’s salary rate on the date of the employee’s death.
In no instance shall an employee or the employee’s beneficiaries be compensated more than once for accumulated full pay sick leave and 50% sick leave upon retirement and/or death of the employee.
The provisions of Subsection (b) herein that pertain to payments upon retirement or death are applicable only to employees who at the time of their retirement or death were employed in a City department other than the Department of Water and Power.
(c) Any unused balance of sick leave at 75% of full pay at the end of any calendar year shall be carried over and accumulated from one calendar year to the next to a maximum of 800 hours at 75% pay. All accrued sick leave at partial pay in excess of such maximum amounts shall be deemed waived and lost.
(d) Upon approval of the appointing authority, any employee may be allowed sick leave with full pay not to exceed an aggregate of 48 hours in any one calendar year but in not less than one-half hour increments at any one time, which shall be included in the allowance of sick leave at full pay under this section for the purpose of securing preventive medical, dental, optical or other like treatment or examination for the employee and for members of the employee’s immediate family or, effective January 1, 2023, the employee’s designated person as defined in Section 4.127 of this Code.
(e) No sick leave at partial pay shall be used by any employee unless and until all sick leave with full pay to which such employee is entitled shall have been used.
(f) Payment for sick leave at full pay for any period of 48 hours or less shall be allowed by the appointing authority. Payment, however, for sick leave in excess of 48 working hours may require a doctor’s certificate or other suitable and satisfactory proof showing the fact of an illness or injury and the necessity for the absence, together with such other satisfactory proof of the probity of the claim as may be required has been received, accepted and approved by the employee’s appointing authority and reported to the Controller. The appointing authority may require a doctor’s certificate or proof of illness or injury at any time where there is objective information suggesting possible employee abuse.
(g) As used in this section and in Section 4.127
of this Code, the term “calendar year” shall mean the 12-month period from January 1 to December 31.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 135,969; Subsec. (g), Subsec. (h) added, Ord. No. 131,641; Subsec. (b), Ord. No. 138,460, Eff. 4-7-69; Subsecs. (a), (b), (c), Ord. No. 140,780, Eff. 7-31-70; Subsec. (a), Subsec (i) added, Ord. No. 149,129, Eff. 12-30-76; Subpart 6. added, Ord. No. 150,680, Eff. 4-10-78, Oper. 1-1-78; Subsec. (a)(5)., Ord. No. 165,482, Eff. 2-1-90; Subsec. (d), Ord. No. 166,075, Eff. 7-20-90; Subsec. (b), last two sentences at end of second para., Ord. No. 170,794, Eff. 12-19-95; Subsec. (b), second para. amended, Ord. No. 170,967, Eff. 3-27-96; Subsecs. (a), (b), (c), (d), and (e), Ord. No. 171,417, Eff. 12-28-96; Subsec. (b), Para. 2, Ord. No. 171,527, Eff. 2-26-97; Subsec. (b) and (c), Ord. No. 171,780, Eff. 11-17-97, Oper. 1-1-97; In Entirety, Ord. No. 172,175*, Eff. 8-28-98; Subsec. (b), third para. amended, Ord. No. 176,699, Eff. 6-10-05; In Entirety, Ord. No. 181,781, Eff. 7-19-11; Subsec. (a)4., Ord. No. 184,259, Eff. 5-5-16; Subsecs. (a), (d) and (f), Ord. No. 186,348, Eff. 11-3-19; Subsec. (d), Ord. No. 187,932, Eff. 7-7-23; Subsec. (b), Ord. No 188,286, Eff. 6-28-24; Subsec. (a)4. and (b), Ord. No. 188,365, Eff. 9-25-24.
* Editor's note: The provisions of Ord. No. 172,175 never took effect (see Sec. 8 re operative date).