(a) Authorization for Leave.
1. Up to four (4) months (nine (9) pay periods) of family or medical leave shall be provided for the purpose of childbirth, adoption, foster care of a child, or serious health condition of an "immediate family member" (as defined in Section 4.127) or "designated person" (effective January 1, 2023, as defined in Subsection (b) below), upon the request of the employee, or designation by Management in accordance with applicable Federal or State law, notwithstanding any other provisions in the Los Angeles Administrative Code to the contrary.
2. An employee may take leave under the provisions of this section if he/she has a serious health condition that makes him/her unable to perform the functions of his/her position.
3. Leave under the provisions of this section shall be limited to four (4) months (nine (9) pay periods) during a twelve (12) month period, regardless of the number of incidents. A 12- month period shall begin on the first day of leave for each individual taking such leave. The succeeding 12-month period will begin the first day of leave taken under the provisions of this section after completion of the previous 12-month period.
Exception: Under the provisions of this section, a pregnant employee may be eligible for up to four months (nine pay periods) for childbirth disability and up to an additional four months (nine pay periods) for purposes of bonding. See Subsection (d) of this section.
(b) Definitions.
1. Spouse means a husband or wife as defined or recognized under State law for purposes of marriage in this State.
2. Domestic partner means a named domestic partner in a confidential affidavit declaring the existence of said domestic partner and signed by the City employee, which is on file in the Employee Benefits Office, Personnel Department.
3. Parent means a biological, step, adoptive or foster parent, an individual who stands or stood in loco parentis to an employee, or a legal guardian. This term does not include parents “in law.”
4. Child means a biological, adopted, or foster child, a stepchild, a legal ward or child of a person standing in loco parentis, who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability.
5. Persons who are in loco parentis
include those with day-to-day responsibilities to care for or financially support a child; or in the case of a parent of an employee, that person who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.
6. Designated person, in accordance with California Government Code Sec. 12945.2(b)(2), effective January 1, 2023, "means any individual related by blood or whose association with the employee is the equivalent of a family relationship." Family medical leave shall not be used for more than one designated person during an employee's 12-month entitlement period, with the designated person being identified by the employee when leave is requested to care for that designated person.
(c) Eligibility.
1. The provisions of this section shall apply to all non-represented employees in all City departments who have been employed by the City for at least 12 months and who have worked at least 1,250 hours during the 12 months immediately preceding the beginning of the leave.
Exception: In accordance with Pregnancy Disability Leave under the California Fair Employment Housing Act (FEHA), on the first day of employment with the City, pregnant employees are eligible for up to four months (nine pay periods) of leave if disabled due to pregnancy.
2. Parents (including those who are domestic partners) who both work for the City may take leave under the provisions of this section at the same time to care for a new child by birth or adoption, or foster care of a child. "Bonding" leave commencing on or after September 1, 2018, by parents who both work for the City shall not be limited to the time allowed for only one employee. Instead, the bonding leave of each parent will be based separately on the period of time to which that parent is entitled, independent of the other parent.
(d) Conditions.
1. Pregnancy – The start of a leave for a pregnant employee shall start at the beginning of the period of disability that a health care provider certifies as necessary. Leave for the non-disability portion of childbirth may be taken before or after delivery.
In accordance with Pregnancy Disability Leave (PDL) under the California FEHA, pregnant employees who are disabled due to pregnancy, childbirth, or related medical conditions are eligible for up to four months (nine pay periods) of leave with medical certification certifying the employee is unable to work due to a pregnancy-related condition. PDL under the FEHA may be taken before or after the birth of a child, which shall run concurrently with pregnancy leave under the federal Family and Medical Leave Act of 1993, and must be concluded within one year of the child's birth.
Employees (either parent) are also eligible for family leave (bonding) under the California Family Rights Act (CFRA), which shall be limited to four months (nine pay periods) and must be concluded within one year of the child's birth or adoption. Whereas bonding leave for the pregnant employee may be taken before or after delivery, bonding leave for the non-pregnant employee shall be taken on or after the anticipated delivery or placement date of the child, except as may be necessary under Subsection (d)2. "Adoption". (The administration of this leave shall be in accordance with Subsections (c)2. and (d)7. of this Section.)
2. Adoption – The start of a family leave for adoption shall begin on a date reasonably close to the date the child is placed in the custody of the employee. Leave for adoption or foster care of a child may also be granted prior to placement if an absence from work is required.
3. Family Illness – The start of a family leave for a serious health condition of a family member or designated person shall begin on the date requested by the employee or designated by Management.
4. Employee’s Own Illness – The start of a leave for the employee’s own serious health condition shall begin on the date requested by the employee or designated by Management.
5. A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves any period of:
A. Incapacity or treatment connected with in-patient care in a hospital, hospice, or residential medical care facility; or
B. Incapacity requiring an absence of greater than three days involving continuing treatment by or under the supervision of a health care provider; or
C. Incapacity (or treatment therefrom) due to a chronic serious health condition; or
D. Incapacity that is permanent or long-term due to a condition for which treatment may not be effective; or
E. Any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity or more than three consecutive days if left untreated; or
F. Any period of incapacity due to pregnancy or for prenatal care.
6. Workers’ Compensation / IOD – An employee receiving Workers’ Compensation benefits (either IOD or the rate provided in Division IV of the California Labor Code) who meets the eligibility requirements in Subdivision 1. of Subsection (c) of this section shall automatically be considered to be on family and medical leave, effective the first day of the employee's absence.
7. Continuous / Intermittent Leave – All leave granted under this section shall normally be for a continuous period of time for each incident. An employee shall be permitted to take intermittent leave or work on a reduced schedule to take care of a family member with a serious health condition or for his/her own serious health condition when it is medically necessary. Management may require the employee to transfer temporarily to an available alternative position with equivalent compensation for which the employee is qualified that accommodates recurring periods of leave better than the employee’s regular position. Employees who elect a part-time schedule shall receive prorated compensated time off benefits in accordance with Section 4.110 of this Code during the duration of their part-time schedule.
In accordance with the California Family Rights Act (CFRA), leave for the birth, adoption, or foster care placement of a child of an employee ("bonding" leave) does not have to be taken in one continuous period of time. Under CFRA, the basic minimum duration of bonding leave is two weeks, and on any two occasions an employee is entitled to this bonding leave for a time period of less than two weeks' duration. Any other form of intermittent leave, or work on a reduced schedule, for the purpose of bonding leave shall only be permitted at the discretion of Management. Bonding leave must be concluded within one year of the birth or placement of the child.
8. If any employee requires another leave for a separate incident under the provisions of this section during the same 12-month period, a new request must be submitted.
9. A personal leave beyond the four month (nine pay periods) of leave provided in this section may be requested, subject to the approval of the appointing authority and, if required, the Personnel Department, as provided under other City leave provisions.
10. Management has the right to request and verify the certification of a serious health condition by a health care provider for a leave under the provisions of this section. Management shall allow the employee at least 15 calendar days to obtain the medical certification.
11. Upon return from family or medical leave, an employee shall be returned to his/her original job or to an equivalent job.
(e) Notice Requirements.
1. Employee. When an employee requests family or medical leave, he/she must state the reason for the requested leave (e.g., childbirth, to care for an immediate family member with a serious health condition, etc.). When the necessity for a leave is foreseeable, the employee must provide at least 30 days’ notice. However, if the leave must begin in less than 30 days, the employee must provide as much advance notice as is practicable.
2. Management. In response to an employee's request for family or medical leave, Management shall indicate whether or not the employee is eligible for such leave, if such leave will be counted against the employee's annual family or medical leave entitlement, and any requirement for the employee to furnish medical certification. Management shall notify an employee if it designates leave, paid or unpaid, taken by an employee as family or medical leave-qualifying, regardless of whether or not the employee initiates a request to take family or medical leave.
(f) Applicable Time Off. Employees who are granted leave in accordance with this section shall take time off in the following order:
1. Childbirth (Mother).
A. Accrued sick leave (100% and 75%) or vacation for the entire period of disability that a health care provider certifies is necessary (including prenatal care or the mother’s inability to work prior to the birth), may be taken at the employee’s discretion.
B. For the non-disability portion of childbirth leave (before delivery or after (“bonding”)), accrued vacation available at the start of the leave shall be used prior to the use of time under C., D., E. and F. below.
C. Accrued 100% sick leave. The use of sick leave under this Subsection is at the employee’s discretion.
D. Accrued 75% sick leave, following use of all 100% sick leave. The use of sick leave under this Subsection is at the employee’s discretion.
E. Unpaid leave.
F. Accrued compensatory time off may be used at the employee's discretion, with Management approval, after exhaustion of 100% sick leave (A. above). In accordance with the final Department of Labor Regulations, which became effective January 16, 2009, and govern the federal Family and Medical Leave Act, any use of accrued compensatory time off under this Subsection shall be counted against the employee's annual family and medical leave entitlement.
2. Childbirth (includes father or domestic partner), Adoption, Foster Care, or Family Illness.
A. Annual family illness sick leave up to fifteen (15) days may be used at the employee's discretion. Such leave may be taken before or after the vacation described in B. below.
B. Accrued vacation shall be taken. Such time must be used prior to the use of time under C., D., E. and F. below.
C. Accrued 100% sick leave. The use of sick leave under this Subsection is at the employee’s discretion.
D. Accrued 75% sick leave, following use of all 100% sick leave. The use of sick leave under this Subsection is at the employee’s discretion.
E. Unpaid leave.
F. Accrued compensatory time off may be used at the employee's discretion, with Management approval, after exhaustion of 100% sick leave (A. above). In accordance with the final Department of Labor Regulations, which became effective January 16, 2009, and govern the federal Family and Medical Leave Act, any use of accrued compensatory time off under this Subsection shall be counted against the employee's annual family and medical leave entitlement.
3. Personal Medical Leave.
A. Accrued 100% sick leave may be used at the employee’s discretion. Such leave may be taken before or after the vacation described in C. below.
B. Accrued 75% sick leave may be used following use of all 100% sick leave at the employee’s discretion. Such leave may be taken before or after the vacation described in C. below.
C. Accrued vacation time.
D. Unpaid leave.
E. Accrued compensatory time off may be used at the employee's discretion, with Management approval, after exhaustion of 100% sick leave (A. above). In accordance with the final Department of Labor Regulations, which became effective January 16, 2009, and govern the federal Family and Medical Leave Act, any use of accrued compensatory time off under this Subsection shall be counted against the employee's annual family and medical leave entitlement.
(g) Sick Leave Rate of Pay. Payment for sick leave usage under (f)1., 2., and 3. shall be at the regular accrued rate of 100% or 75% as appropriate.
(h) Monitoring. Department management shall maintain such records as are required to monitor the usage of leave as defined in this section.
(i) Paid Parental Time Pilot Program.
1. The City will implement the Paid Parental Time (PPT) Pilot Program for a pilot period of January 1, 2021, through June 30, 2025. This program provides eligible civilian full-time, half-time, and intermittent employees who experience a qualifying event up to six (6) weeks (240 hours) of 100% paid time off for pregnancy disability and/or to bond with their new child during Family and Medical Leave (FML). Use of PPT shall be limited to six (6) weeks (240 hours) as part of the employee's FML entitlement during the employee's 12-month FML anniversary period.
2. Paid Parental Time shall be available to eligible employees who have experienced one of the following qualifying events:
A. Birth of a child;
B. Disability due to pregnancy;
C. Long-term placement of a child for foster care;
D. Placement of a child for adoption; or
E. Placement of a child for legal guardianship.
3. Paid Parental Time may be used at the employee's discretion without regard to any other available paid time off balance. All eligible employees with a qualifying event shall receive up to six (6) weeks (240 hours) of PPT regardless of any other paid time off balances (i.e., sick leave, vacation, compensatory time off, etc.). Paid Parental Time may be used at the employee's discretion at any time during pregnancy or bonding FML and taken on a continuous or intermittent basis in no less than one (1) hour increments. Employees must conclude PPT within one (1) year of the child's birth or placement. Paid Parental Time will be administered in the same manner as all other paid time off balances. Paid Parental Time does not accrue, carry over, or pay out upon retirement or separation from City service.
The provisions and administration of this section shall be in compliance with the Family and Medical Leave Act of 1993, the California Family Rights Act of 1993, and the Pregnancy Disability Leave provisions of the California Fair Employment and Housing Act.
SECTION HISTORY
Added by Ord. No. 165,312, Eff. 1-6-90, Oper. 12-4-89.
Amended by: Ord. No. 167,428, Eff. 12-6-91, Oper. 12-1-91; In Entirety, Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94; Ord. No. 171,780, Eff. 11-17-97, Oper. 11-23-97; In Entirety, Ord. No. 175,048, Eff. 1-23-03; Subsecs. (a)3., (c)1., (d) and (e)2., Ord. No. 179,998, Eff. 7-11-08, Oper. 7-1-07; Subsecs. (b)5., (d)1., (d)5., (e)2., (f)1.F., (f)2.B., (f)2.F. and (f)3.E., Ord. No. 181,788, Eff. 7-19-11; Subsec. (b)5., Ord. No. 182,203, Eff. 8-10-12; Subsec. (c)1., Ord. No. 182,980, Eff. 4-18-14; Subsec. (f)2.A., Ord. No. 185,365, Eff. 12-27-17; Subsecs. (c)2. and (d)7., Ord. No. 186,345, Eff. 11-3-19; Subsec. (i) added, Ord. No. 186,936, Eff. 3-3-21; Subsec. (i)1., Ord. No. 187,186, Eff. 10-18-21; Subsec. (b)6. added and Subsecs. (a)1., (b)4., (c)2. and (d)3. amended, Ord. No. 187,931, Eff. 7-7-23.