LEAVES OF ABSENCE

SJ-MC tit. 3, div. I, ch. 3.04, pt. 10

in effect

San José Municipal Code § 3.04.1250 Term to be specified.

3.04.1250 - Term to be specified. Each and every leave granted to any officer or employee of the city shall specify clearly the date of commencement and the date of termination thereof. (Prior code § 2009.7.)

San José Municipal Code § 3.04.1260 Leave of absence without pay - Conditions generally.

3.04.1260 - Leave of absence without pay - Conditions generally. The appointing authority may grant an initial leave of absence without pay for the good of the service or for the benefit of the employee for a period not to exceed twelve months. Extensions of the leave may be granted with the approval of the appointing authority provided that the total of such extensions shall not exceed a total of twelve months. Any leave granted hereunder may be revoked or cancelled at any time by the appointing authority by notice in writing mailed to the address of the employee on file in the office of the personnel director stating when, not less than thirty days thereafter, said leave shall be revoked or cancelled. (Prior code § 2009.1; Ord. 18273.)

San José Municipal Code § 3.04.1270 Leave of absence without pay - Provisions in memorandum of understanding.

3.04.1270 - Leave of absence without pay - Provisions in memorandum of understanding. The provisions in a memorandum of understanding entered into by the city and a recognized employee organization concerning leaves of absence without pay shall supersede, with respect to all employees represented by that recognized employee organization, the provisions of this Part 10 of this Code concerning leaves of absence without pay. (Prior code § 2009.8.)

San José Municipal Code § 3.04.1280 Return to duty from leave without pay.

3.04.1280 - Return to duty from leave without pay. Each employee who is granted a leave of absence without pay pursuant to Section 3.04.1260 above shall be entitled to return to the position held by him before the commencement of said leave; or, if such position has been abolished or otherwise has ceased to exist during his absence, to a position of like status and pay if such position exists, provided and excepting, however, that the provisions of this sentence shall not apply to any employee who does not return to his employment on the first working day following expiration of such leave of absence without pay. However, if such employee should return to duty after the first working day and before the sixtieth working day following expiration of his said leave of absence, the city manager may return said employee to duty upon showing of good cause therefor. (Prior code § 2009.2; Ord. 18299.)

San José Municipal Code § 3.04.1290 Restoration to eligible list following military leave.

3.04.1290 - Restoration to eligible list following military leave. Any person whose name appears on any eligible list and who, prior to appointment therefrom has entered into active duty in any of the Armed Forces of the United States may, upon his request, within not more than ninety days from and after the date of termination of such military service, providing the same be terminated under conditions other than dishonorable, as undesirable or for bad conduct, have his name restored to the eligible list on which his name appeared, or to an eligible list for a position deemed by the director to be equivalent thereto, at a place corresponding to his score in the examination. Any name placed upon any eligible list pursuant to the provisions of this section shall remain thereon for such period of time as it would have remained upon the list that was in effect at the time of the person's entry into military service. (Prior code § 2009.6.)

San José Municipal Code § 3.04.1300 Absence without leave.

3.04.1300 - Absence without leave. No officer or employee in the classified service shall absent himself from duty without leave, except in case of sickness or great emergency. Failure to report for duty as scheduled or failure to notify the city manager of the reason for such absence from duty within forty-eight hours of the commencement thereof may be deemed to constitute resignation from the service, and the position may be declared vacant. If the city manager finds that such absence was excusable by reason of sickness or great emergency, he may grant such officer or employee leave without pay for such period of time as may reasonably be required therefor, not to exceed thirty calendar days. If provision is made elsewhere in these rules or in any other ordinance of the city for leave to be used by any officer or employee in certain specified circumstances, such circumstances shall not be deemed also to constitute a "great emergency" hereunder. Any officer or employee may appeal from any decision respecting facts sufficient to constitute a great emergency to the commission. (Prior code § 2009.4.)

Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT3PE_IPERE_CH3.04CISERU_PT10LEABFetched: 11/1/2026