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Employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24-hour periods) which can begin and end on any day of the week and any time of the day. A minimum of 8 hours of actual attendance on duty shall constitute a day’s work and a minimum of 40 hours shall constitute a week’s work for every full-time employee including authorized holidays and compensated absences. With the exception of employees assigned a reduced work schedule in accordance with Section 4.117, any employee who works fewer than these required hours per week shall be considered part-time, as defined in Section 4.110. Employees may be assigned to work Saturdays, Sundays or holidays.
(a) Alternative Work Schedules – Employees may be assigned to work schedules of five eight hour days (5/40), four ten hour days (4/10) in a single workweek, eight nine hour days and one eight hour day within a two week period (9/80) or other schedules at the discretion of the appointing authority. Regardless of schedule, employees shall not be assigned to work more than 40 hours during a workweek. Employees assigned to a (9/80) schedule shall have a designated regular day off, which shall remain fixed, unless permanently reassigned.
(b) Changes to Work Schedules – Employees may be required to adjust their work schedules (change days off or working hours, except on the same day of the week as their regular 9/80 day off) within the same FLSA workweek. Temporary changes to the designated 9/80 day off at the request of the employee’s appointing authority or the employee is prohibited unless it is intended for the employee to work additional hours (overtime) with the exception of during holiday weeks as provided for in Section 4.119(G).
(c) Rest Periods – The administrative head of any department may permit employees to take brief rest periods during any working day at such times and of such duration as to not adversely affect the operation of the department and promote efficiency, provided that such rest period shall not be taken during the first or last hour of the working day. The taking of rest periods is a privilege and not a right and any rest period not taken at the time permitted shall be deemed waived and not accumulated or carried over from one day to any subsequent day, or compensated for in any form.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 99,790; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; In Entirety, Ord. No. 175,048, Eff. 1-23-03.
Except as otherwise provided in Section 4.117 of this Code and in any Memoranda of Understanding or Departmental Personnel Ordinances to the contrary, a work schedule of less than the number of hours of full-time employment shall be considered part-time employment.
The following categories of part-time employment are hereby defined:
(a) Half-time: Half-time employees are employees regularly assigned to a work schedule of half-time (1,040 hours) or more in any service year, but less than full-time. Compensation shall be prorated on the basis of the total number of hours scheduled to be worked in relationship to the total number of hours required for full-time employment in the class of position. Holiday, sick leave, personal leave, and vacation benefits for such half-time employees shall be applied on a prorated basis as provided for half-time employees in Sections 4.119, 4.126, 4.130, and 4.252, respectively, of this Code.
(b) Intermittent: Intermittent employees are employees assigned to a regular or on-call work schedule of less than half of the available working time (less than 1,040 hours) in any service year. Employees who are compensated by the session and employees who hold more than one intermittent position concurrently, regardless of total number of hours scheduled, shall be considered intermittent employees. Compensation as established in Schedule “A” herein shall be considered full remuneration for intermittent employees defined by this section, except for compensated personal time off, sick leave, and prorated personal leave benefits as provided for intermittent employees in Sections 4.110.1, 4.126, and 4.130, respectively, of this Code.
Employees shall be eligible to receive benefits from only one employing department at any one time.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 117,872; Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; In Entirety, Ord. No. 165,482, Eff. 2-1-90; Subsec. (b), Ord. No. 172,359, Eff. 1-4-99; Penultimate Para. Deleted, Ord. No. 181,785, Eff. 7-19-11; In Entirety, Ord. No. 187,432, Eff. 3-17-22.
Intermittent non-representative employees shall be eligible to accrue compensated time off (CPTO) at a rate of 2.75 minutes for every hour compensated. Employees must complete a period of six consecutive months of City service and must have been compensated for at least 500 hours before qualifying to use the CPTO. This benefit may be used in no less than one-hour increments for the following:
(a) Personal business, subject to approval of the supervisor; and
(b) Holidays assigned off. When a holiday falls on an employee’s assigned schedule and the employee is not required to work on that holiday, an employee may request to use CPTO. If the qualifying employees choose not to use CPTO for the holiday, the employees may be allowed, subject to the approval of the supervisor, to adjust their work schedules and make up the time in full not later than the next succeeding payroll period.
CPTO may be accumulated for up to a maximum of 48 hours. Any accrued, unused CPTO hours remaining at the end of the calendar year, which do not exceed that maximum accrual, shall carry over to the following calendar year. Any CPTO accumulated in excess of such amount shall be deemed waived and lost.
There shall be no payment of any form for unused CPTO hours upon separation from City service for any reason.
Employees who hold more than one intermittent position concurrently shall be eligible to accrue CPTO in only one position.
Intermittent and half-time employees must request permission from their primary employing department to hold more than one position concurrently. Employees must designate a primary employing department in writing with their primary and secondary employing departments and with the Controller’s Office. Temporary Elections workers are exempt from this requirement. If an employee fails to designate a primary employing department the Controller’s Office will designate the first department to hire the employee as the primary employing department. Employees may change their designated primary department during Open Enrollment period of October 1-31. If an employee changes departments outside the Open Enrollment period, the Controller’s Office will designate the first department to hire the employee as the primary employing department, unless the employee notifies the Controller’s Office otherwise within 30 calendar days of the effective date of the change.
Employees who are receiving time off benefits as a full-time or half-time employee in another department or capacity, or are a retired member of LACERS shall not be eligible to receive CPTO benefits as an intermittent employee.
Employees who are paid per diem or by the session shall not be eligible to accrue CPTO.
Intermittent employees with accrued CPTO hours who become full-time or half-time employees as defined in Section 4.110(a) of this Code, shall be allowed to carry-over into their 100% sick leave bank a maximum of 48 hours of unused CPTO, and 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 Section 4.126 of this Code.
SECTION HISTORY
Added by Ord. No. 172,359, Eff. 1-4-99.
Amended by: In Entirety, Ord. No. 175,048, Eff. 1-23-03; In Entirety, Ord. No. 184,257, Eff. 5-5-16; Ord. No. 186,348, Eff. 11-3-19.
Any officer, full-time employee, or half-time employee as defined by Section 4.110(a) of this Code who is duly summoned to attend any court for the purpose of performing jury service or has been nominated and selected to serve on a Grand Jury shall, for those days during which jury service is actually performed and those days necessary to qualify for jury service, receive the officer’s or employee’s regular salary; provided, however, that any jury attendance fees received by any officer or employee of the City who receives regular salary pursuant to this section, except for those fees received for jury service performed on a regular day off or a holiday, shall be paid to the City and deposited in the General Fund. A prorated portion of jury service fees received by a half-time employee shall be paid to the City when those fees are received for jury service performed on days for which the employee is scheduled to work a portion of a day. The absence of any officer or employee for the purpose of performing jury service shall be deemed to be an authorized absence with pay within the meaning of Section 4.75 of this Code. The absence of an intermittent employee for the purpose of performing jury service shall be deemed to be an authorized absence without pay.
Employees summoned for jury service are not authorized to waive jury attendance fees and will be expected to remit the appropriate fees to the City upon completion of service.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Ord. No. 131,394; Ord. No. 137,255; Ord. No. 140,475, Eff. 7-18-70; Ord. No. 141,127, Eff. 10-19-70; Ord. No. 148,797, Eff. 9-17-76; In Entirety, Ord. No. 165,022, Eff. 7-14-89; In Entirety, Ord. No, 165,482, Eff. 2-1-90; Ord. No. 175,048, Eff. 1-23-03.
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