Paid Time Off and Leave Programs

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VACATION
7.1 ELIGIBILITY. Each full-time and part-time regular employee, each full-time and
part-time trial-period employee, and each unclassified employee is eligible to earn
and accrue vacation time from the date the employee becomes an employee of
the County.
7.2 ACCRUAL. All employees must utilize the employee self-service portal to access
accrual balances, pay stubs, W-2's and 1095s (if applicable). Accrual begins at the
next highest rate on the third pay period following the accrual start date. Accrual
anniversary is based on hire date.
7.2.1 Hourly Employees. An hourly employee accrues vacation time for each hour
actually worked, excluding overtime, and for each hour spent on vacation or sick
leave, up to 40 hours per week (or 106 hours per pay period for FLSA 106 hour
employees) according to the schedule below. If an employee works a full 40 hours
per week (or 106 hours per pay period for FLSA employees), the employee will
accrue 2 weeks of vacation each year of the employee's first four years of
employment, 3 weeks during years 5 through 9, and 4 weeks beyond 1 0 years.
Vacation Earning Schedule
Hourly Employees
--------------------------------------------------------------------------------------------------------
YEARS OF ELIGIBLE
SERVICE
0 thru 4 years inclusive
5 thru 9 years inclusive
1 O years or more
VACATION HOURS
ACCRUED PER HOUR
OF WORK
.0385
.0577
.07687
7.2.2 FLSA 106 Hour Employees Accrual Adjustments. Upon being transferred,
promoted, or otherwise reclassified from an FLSA 106 hour position to a regular
hourly or salaried position within the County, or vice versa, the employee's
accrued leave balances (including vacation, sick, and compensatory time) will
be adjusted proportionally to the non-FLSA rate that corresponds to the specific
FLSA 106 hour position they are leaving or entering.
January 4, 2024 14
7.2.3 Salaried Employees. Each salaried employee earns and accrues vacation time
for each day actually worked or spent on vacation or sick leave, according to the
following schedule:
Vacation Earning Schedule
Salaried Employees
----------------------------------------------------------------------------------------------------------
YEARS OF ELIGIBLE
SERVICE
0 thru 4 years inclusive
5 thru 9 years inclusive
10 years or more
MAXIMUM
PER PERIOD
ACCRUAL
3.08 hours
4.62 hours
6.15 hours
7.2.4 Sheriff's Office Lateral Transfer Employees. Employees of the Sheriff's Office
who have made a lateral transfer from another law enforcement agency shall
accrue vacation as determined by Resolution No. 21-22-08, attached hereto as
Appendix H.
7.3 MAXIMUM ACCUMULATION ALLOWED. An employee may accumulate no
more than 320 hours. If accumulated vacation time exceeds 320 hours, the excess
vacation time will be forfeited. Forfeiture shall occur as of the date of retirement,
termination, or the end of the last pay period ending on or before June 30. Excess
vacation time existing as of January 6, 2013 shall not be subject to forfeiture. Hours
in excess of 320 which accrue before the start of the last pay period ending on or
before June 30 of any year may be used and are subject to buy back but shall not
be paid at termination. Vacation time subject to forfeiture shall be used first.
7.4 REQUESTING VACATION, USE OF COMPENSATORY TIME, OR PERSONAL
LEAVE. Whenever possible, an employee shall make a request for time away
from work through the electronic timekeeping system to his or her supervisor at
least five (5) working days prior to the proposed vacation. A Department Head
may waive the 5-day requirement at his or her discretion. The supervisor shall
grant any reasonable request, but shall also consider the department's workload,
present staffing levels, and other job-related factors when deciding whether to
grant the request.
7.5 VACATION COMPENSATION. Hourly employees will receive the employee's
hourly base rate of pay at the time of the vacation, multiplied by the number of
regular hours the employee would have worked during the vacation. Salaried
employees shall receive their salary during the vacation. An employee on vacation
will not be compensated for overtime which might have been worked had the
employee not taken vacation. Salaried employees shall use vacation time in halfday
increments as appropriate. A salaried employee who does not work at least
half of his or her regularly assigned shift shall utilize a half-day of leave. A salaried
15 January 4, 2024
employee may flex hours worked over the hours of the same workweek as
approved by his or her supervisor.
7.6 COMBINING A VACATION WITH A HOLIDAY. Subject to the approval of the
supervisor, an employee may combine accumulated vacation time with a holiday
to extend a vacation or reduce the number of accrued vacation hours expended
during a vacation.
8 SICK LEAVE
8.1 ELIGIBILITY. Each full-time and part-time regular employee, each full-time and
part-time trial period employee, and each unclassified employee is entitled to take
sick leave with pay for illness or injury or to care for an ill or injured immediate
family member. For purposes of this section, an "immediate family member" is
defined as a spouse, child, parent, sibling, grandparent, grandchild, step-parent,
step-child, step-sibling, foster child, father-in-law, mother-in-law, son- and
daughter-in-law.
8.2 ACCRUAL. Sick leave benefits accrue from the date of hire. Employees must
utilize the employee self-service portal to access accrual balances, pay stubs, and
W-2's (if applicable).
8.2.1 Hourly Employees. Each hourly employee accrues sick leave at the rate of
0.0461 hours of sick leave for each hour actually worked up to forty (40) hours per
week for regular employees and up to one-hundred and six (106) hours per pay
period for FLSA 106 hour employees (sick leave does not accrue during overtime
work), and at the same rate for each hour spent on vacation, compensatory time
used, or sick leave; provided, however, accrual of sick leave for regular hourly
employees is limited to 1.844 hours each week, and accrual for FLSA 106 hour
employees is limited to 4.886 hours each pay period, notwithstanding the number
of hours actually worked.
8.2.2 Salaried Employees. Each salaried employee accrues sick leave at the rate of
1.844 hours for each week worked, and at the same rate for each week spent on
vacation or sick leave.
8.2.3 FLSA 106 Hour Employees Accrual Adjustments. FLSA 106 Hour
Employees Accrual Adjustments. See section 7.2.2.
8.3 REQUESTING SICK LEAVE. Employees who are unable to report to work due to
illness or injury are required to notify their supervisor or other designated individual
before the scheduled start of the workday.
8.4 PHYSICIAN'S STATEMENT. If an employee is absent from work for three or more
consecutive days due to illness or injury, a physician's statement may be required
January 4, 2024 16
to verify the illness or injury, estimate its duration, and/or certify that the employee
may safely return to work.
8.5 COMPENSATION WHILE ON SICK LEAVE. While on sick leave, each hourly
employee shall receive the employee's hourly base pay rate at the time of the
illness or injury multiplied by the number of regular hours the employee would have
worked had the employee not been sick. Each salaried employee shall receive the
employee's regular salary during sick leave. An employee on sick leave will not be
compensated for overtime which might have been worked. Salaried employees
shall use sick leave in half-day increments as appropriate. A salaried employee
who does not work at least half of his or her regularly assigned shift shall utilize a
half-day of leave. A salaried employee may flex hours worked over the hours of
the same workweek as approved by his or her supervisor.
8.6 ABUSE OF SICK LEAVE. Employees may use sick leave only for legitimate
illness or injury. Use of sick leave for other reasons is not permitted. In the event
the County has reason to believe that an employee is using sick leave for other
reasons, the employee may be required to provide a statement from a physician
for each day sick leave is claimed. Abuse of sick leave may be grounds for
disciplinary action, up to and including termination.
8. 7 DONATION OF SICK LEAVE, VACATION LEAVE, OR COMPENSATORY TIME.
Sick leave, vacation leave, or compensatory time may be donated to another
employee as follows:
8.7.1 PURPOSE OF DONATION OF SICK LEAVE, VACATION LEAVE, OR
COMPENSATORY TIME. The purpose of this policy and procedure is to assist
an employee who has used all or may use all of his or her own sick, vacation,
and personal leave, and compensatory time, and needs additional leave from
work for recuperation from a non-work related injury, illness, or pregnancy. Leave
from work may also be for the care of an immediate family member as defined in
section 8.1. The employee can request a donation of sick leave, vacation leave,
or compensatory time from the employees of San Juan County. Donated leave
cannot run longer than FMLA leave. Once FMLA leave is exhausted, donated
leave will also cease. If an individual qualifies for Short Term Disability benefits,
that benefit will run concurrently with the donated leave.

 

HOLIDAYS
9.1 ELIGIBILITY. Each regular full-time, regular part-time, full-time trial period, parttime
trial period, and unclassified employee is entitled to time off from work with
pay during holidays. Holidays are recognized annually by the Board of County
Commissioners.
9.2 COMPENSATION DURING A HOLIDAY. During a holiday, each full-time hourly
employee shall receive the employee's base rate of pay at the time of the holiday
multiplied by the number of hours in that employee's regularly scheduled shift up
to a maximum of 12 hours. Each regular part-time employee shall receive prorated
holiday compensation based on the average number of hours worked in a fortyhour
week. An hourly employee on holiday will not be compensated for overtime
which might have been earned had the employee worked. Each salaried employee
shall receive his or her regular salary during the holiday.
9.3 WORKING DURING A HOLIDAY. If an eligible employee works during a holiday,
the employee shall be compensated for the time worked during the holiday
(including overtime, if applicable; see section 14.3 herein), and shall be entitled to
take a holiday on some other day during the same pay period designated by the
supervisor. If the holiday cannot be taken within the same pay period, the
employee shall be compensated for the missed holiday. During a holiday week,
compensatory time may only be earned for hours actually worked in excess of 40.
10 OTHER LEAVE
10.1 PERSONAL LEAVE. Each regular full-time, regular part-time, and each
unclassified employee shall receive one personal leave day with pay each
calendar year. Each trial period employee shall accrue one personal leave day at
the completion of the first 90 days of employment but shall accrue only one
personal leave day per calendar year. A personal leave day must be scheduled in
the same manner as a vacation and may be used in quarter hour increments.
Personal leave must be taken no later than the end of the last pay period prior to
December 1 of the year of accrual. Personal leave may not be carried over into
the following calendar year but instead shall be forfeited if not used.
10.1.1 DEFINITION. A personal leave day is defined as an eight-hour day for full-time
employees or a four-hour day for part-time employees. A change in full- or parttime
status in a calendar year does not add additional personal leave.
19 January 4, 2024
10.2 BEREAVEMENT LEAVE. Each full-time, part-time, unclassified, and trial period
employee shall be eligible to receive bereavement leave with pay only in the event
of the death of an immediate family member. For purposes of this section, an
"immediate family member" is defined as a spouse, child, parent, sibling,
grandparent, grandchild, step-parent, step-child, step-sibling, step-grandparent,
foster child, father-in-law, mother-in-law, son- and daughter-in-law, and brotherand
sister-in-law. Bereavement leave does not apply to the death of friends or
colleagues. Bereavement leave, to be used at the time of an immediate family
member's death and/or at the time of an immediate family member's funeral shall
not exceed forty (40) hours for full-time hourly employees or five (5) working days
for salaried employees. With supervisor's approval, bereavement leave need not
be taken on consecutive days. Bereavement leave available to part-time
employees shall be prorated, based on the average number of hours worked in a
forty-hour week. An employee may be permitted to extend his or her bereavement
leave using accrued vacation time and/or the employee's personal leave day. An
employee shall obtain approval for bereavement leave from his or her supervisor
prior to taking bereavement leave.
10.3 MILITARY LEAVE. Each regular full time, trial period, regular part-time, trial
period part-time, and unclassified employee who is a member of an organized
United States military reserve unit or the National Guard may be granted military
leave with pay and benefits for up to fifteen (15) workdays (120 hours) per federal
fiscal year (October 1 through September 30) when serving with the United States
armed forces pursuant to an order for active duty or training, including travel time
to and from the reporting location (travel time to be determined by the most recent
edition of the Rand-McNally road atlas which can be found at
www.randmcnally.com). The employee may use accrued leave for travel time or
after exhausting the fifteen days leave, with the exception of sick leave. If the
period of duty exceeds fifteen days, the employee may use accrued vacation
leave, the employee's personal leave day, and/or leave without pay for the duration
of the employee's duty period. Employees utilizing military leave will not be
responsible for the County's portion of the Medical Plan premium.
10.4 COURT DUTY. Each full-time regular, part-time regular, unclassified, and trial
period employee may take Court leave with pay when required to serve as a juror
or as a witness in any state or federal court at a time when the employee would
normally be working, except in a matter related to the performance of the
employee's duties in which the employee is a litigant. An employee may not take
Court leave to litigate against the County. If excused from duty by the Court when
four (4) or more work hours remain in the employee's workday, the employee shall
return to work. If an employee elects to take Court leave with pay, any fee paid to
the employee as a juror or witness must be paid to the County.
10.5 BOARD OR COMMISSION LEAVE. An employee who has been appointed or
elected to serve on a state, county, city, or non-profit entity's Board or Commission
shall be entitled to forty (40) hours of leave (during their regularly scheduled work
January 4, 2024 20
hours) with pay annually to attend meetings or transact business, so long as the
appointment has been approved by the Board of County Commissioners and/or
the County Manager. This may include service to the Association of Counties and
relevant professional groups.
10.6 ADMINISTRATIVE LEAVE WITH PAY. An employee may be placed on
administrative leave with pay when it is in the best interests of the County to do so.
However, administrative leave with pay for a period longer than the remainder of
the employee's shift may be authorized only by the supervising Department Head,
or Elected Official, after conferring with the Chief Human Resources Officer (or
designee) and the County Manager or designee.
10.7 ADMINISTRATIVE LEAVE WITHOUT PAY. An employee may be placed on
leave without pay when the circumstances and best interests of the County dictate
that unpaid leave is appropriate. However, leave without pay may be authorized
only by the supervising Department Head or Elected Official after conferring with
the Chief Human Resources Officer (or designee) and the County Manager.
Unless extended by the County Manager, unpaid leave shall not exceed sixty (60)
days in duration. During unpaid leave, an employee shall not accrue any of the
benefits described in the Employee Handbook. An employee on unpaid leave shall
not receive holiday pay. To the extent permissible by law, the County will not make
any of its normal contributions to the employee's retirement, insurance, or benefit
program during unpaid leave. Donated leave shall not be available.
10.8 LEAVE WITHOUT PAY FOR PERSONAL REASONS
10.8.1 EXTENDED UNPAID LEAVE. San Juan County generally discourages the use
of unpaid leave for personal reasons. However, the County recognizes that
unforeseen circumstances may arise leaving an employee no choice but to
request unpaid leave. These circumstances are usually limited to the employee
suffering an event which does not qualify for family and medical leave only
because the employee has not been employed by the County for at least one
year. In any situation where an employee lacks sufficient paid leave to deal with
that situation, the employee may request to utilize unpaid leave. To the extent
practical, the unpaid leave should be requested in writing and in advance of the
anticipated leave. If leave cannot be requested in advance, it should be
requested as soon thereafter as is practical. Unless otherwise approved by the
supervisor and the County Manager, such leave must be taken in three-day
increments and no benefits shall accrue. The employee shall be responsible for
payment of the employer portion of any health insurance. Donated leave shall
not be available.
10.8.2. SHORT-TERM UNPAID LEAVE. An employee who has exhausted all leave and
does not meet the requirements of extended unpaid leave shall only be allowed
unpaid leave at the supervisor's discretion. If such short-term leave is approved,
the employee shall be responsible for payment of the proportional share of the
21 January 4, 2024
County's portion of any benefit. This share may be calculated on a daily or hourly
basis, based upon the status of the employee. That share shall be deducted from
the employee's next paycheck.
10.8.3 EXCESSIVE SHORT-TERM UNPAID PERSONAL LEAVE. Any employee
utilizing short-term, unexcused, unpaid personal leave more than two (2) times
(except unpaid military leave or workers' compensation) may be subject to
discipline, up to and including termination.
10.9 FAMILY AND MEDICAL LEAVE. The federal Family Medical Leave Act (FMLA)
provides for a leave of absence for a serious health condition, to fulfill family
obligations relating directly to childbirth, adoption, or placement of a foster child, or
to care for a child, spouse, or parent with a serious health condition. An employee
should request family and medical leave on a form provided by the Human
Resources Department. Each employee is entitled to take up to twelve (12) weeks
of family and medical leave each calendar year. Eligibility is determined by
reference to federal law and regulations and is assessed on a case-by-case basis.
If an employee has questions concerning eligibility, he or she should consult the
Human Resources Department. Employees requesting family and medical leave
are required to provide a statement from a health care provider concerning the
need for such leave. Family and medical leave is unpaid leave. During the unpaid
leave, the County will provide major medical benefits, if that coverage has been
elected by the employee. The employee will be required to pay to the County the
portion of the premium the employee would have had to pay had he or she still
been working. Leave benefits, such as vacation, sick leave, or personal days, do
not accrue during family and medical leave. Employees on unpaid family and
medical leave do not receive holiday pay while on leave, unless using their own
accrued leave concurrently with FMLA leave. An employee may choose to use
paid leave (sick leave, personal days, or vacation) concurrently with unpaid FMLA
leave. If an employee chooses to run paid leave concurrently with FMLA unpaid
leave, the employee will accrue benefits during the paid leave.
Family and medical leave of up to twenty-six (26) weeks of unpaid leave shall be
available to a full-time regular employee for the care of a qualifying family member
who is injured while in active military service. Employees who may be eligible for
this leave should contact the Human Resources Department as soon as possible
to determine eligibility.
Full-time regular employees with a deployed family member may be eligible for up
to twelve (12) weeks of unpaid FMLA leave in the event of a qualifying exigency
such as short-term deployments, military events and related activities, financial
and legal arrangements, counseling, rest and recuperation, post-deployment
activities, and other activities as agreed between employer and employee.
Employees should contact the Human Resources Department upon receipt of a
deployment order.
January 4, 2024 22
10.10 DOMESTIC ABUSE LEAVE. Each full-time regular, part-time regular,
unclassified, and trial period employee may take domestic abuse leave for up to
fourteen (14) days in any calendar year, for up to ten (10) hours in one day, to
obtain or attempt to obtain an order of protection or other judicial relief from
domestic abuse or to meet with law enforcement officials, to consult with attorneys
or district attorneys' victim advocates, or to attend court proceedings related to the
domestic abuse of any employee or employee's family member.
An employee shall obtain approval for domestic abuse leave from • his or her
supervisor prior to taking the leave. When domestic abuse leave is taken in an
emergency, the employee or employee's designee shall give notice within twentyfour
(24) hours of commencing the domestic abuse leave. The employee's
supervisor may require verification of the need for domestic abuse leave in the
form of a police report, a copy of the order of protection or other court evidence, or
the written statement of an attorney representing the employee in the matter. For
domestic abuse leave, an employee may use accrued sick leave or other available
time off, compensatory time, or unpaid leave consistent with San Juan County
policies. Confidentiality shall be maintained to the extent required by law.
10.11 VOTING LEAVE. Employees are encouraged to take advantage of early voting
opportunities; however, each employee who works on Election Day and whose
workday on Election Day starts less than two (2) hours after the polls open and
ends less than three (3) hours before the polls close, is entitled to two (2) hours of
paid leave for the purpose of voting. Voting leave may only be utilized on Election
Day and for the purpose of the employee casting their vote. Voting leave may not
be utilized during an early voting period. This leave also applies to elections of
Indian nations, tribes or pueblos for a voter who is enrolled as a member of the
Indian nation, tribe or pueblo and is qualified to vote in the election. The employee
who wishes to utilize voting leave must make a request to his or her supervisor.
Request for leave shall not be denied; however, the supervisor, department head,
or Elected Official may specify the hours during which the employee voter may be
absent from work, provided that the County will not designate a period that includes
an employee's normal lunch period or includes a period either prior to or
subsequent to the employee's normal working hours.