LEAVES OF ABSENCE

Los Angeles Administrative Code div. 4, ch. 2, art. 10

in effect

Los Angeles Administrative Code § 4.123 Military Leave with Pay.

Sec. 4.123. Military Leave with Pay. (a) Every employee who has been in the service of the City for a period of not less than one year and who qualifies for and is granted a military leave, whether temporary or otherwise, pursuant to Sections 389, 395, 395.01, 395.02, 395.03, or 395.05 of the California Military and Veterans Code, or pursuant to any other section of the Military and Veterans Code applicable to public employees or officers of city public agencies, shall, before the employee is paid the employee’s salary or compensation during such leave, or any part thereof, as provided in said Code, furnish to the employee’s appointing authority two certified copies of the employee’s orders, one (1) copy to be filed in the department in which the employee is employed and the other with the Controller, or in lieu thereof, the employee shall furnish to such appointing authority upon forms provided by the Controller certified evidence of the employee’s entry into active service in the armed forces of the United States and the date thereof. Any certification required by this section may be made by any commissioned officer of such armed forces. The Controller shall have power at any time to require such additional evidence as is satisfactory to the Controller of the entry of such employee into active service in such armed forces and of the actual performance by the employee of ordered military duty during all or any part of such leave. (b) In determining whether an employee has been in the service of the City for a period of not less than one year immediately prior to the date on which the absence begins, continuous service as that term is defined in Section 4.42(t) of this Code shall be required, provided, however, that service in any department having control of its own funds shall be counted in making such determination. SECTION HISTORY Based on Ord. No. 89,100. Amended by: Ord. No. 100,535; Subsec. (a), Ord. No. 188,620, Eff. 6-10-25.

Los Angeles Administrative Code § 4.125 Source of Payment and Authority for Issuance of Terms for Sick Leave Allowances.

Sec. 4.125. Source of Payment and Authority for Issuance of Terms for Sick Leave Allowances. (a) Payments made for sick leave allowances pursuant to this article shall be made from moneys appropriated for the payment of the salary for the position held by the employee. Such position shall be considered filled for the duration of the illness, and no other person shall be employed in the position during the absence of such employee on account of such illness provided that sick leave pay allowance granted under the provisions of this article to the incumbent of any position shall not be operative during any period in which funds are not available through specific appropriation for the payment of the salary or wage of such position, and such sick leave with pay as may have been granted shall be automatically terminated upon the termination of the authority for employment in such position. (b) All demands on payrolls authorizing compensation for sick leave allowances shall show that they are drawn, and the amounts therein set forth are paid pursuant to the provisions of this article. SECTION HISTORY Based on Ord. No. 89,100. Amended by: Ord. No. 131,641.

Los Angeles Administrative Code § 4.126 Allowance for Sick Leave.

Sec. 4.126. Allowance for Sick Leave. (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 Off (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).

Los Angeles Administrative Code § 4.126.2 Allowance for Leave for Pregnancy.

Sec. 4.126.2. Allowance for Leave for Pregnancy. (a) Every non-represented employee in any Department of the City shall be entitled to use sick leave accrued pursuant to Section 4.126 of this Code, and in conformance with Section 4.129 of this Code, if that employee is unable to work on account of the employee’s pregnancy, childbirth, or related medical conditions. (b) Every represented employee in any Department of the City shall be entitled to use sick leave accrued pursuant to the Sick Leave article, and in conformance with the Family and Medical Leave article, contained in the applicable Memorandum of Understanding, if that employee is unable to work on account of the employee’s pregnancy, childbirth, or related medical conditions. SECTION HISTORY Added by Ord. No. 152,274, Eff. 4-27-79, Oper. 4-29-79. Amended by: In Entirety, Ord. No. 165,482, Eff. 2-1-90; In Entirety, Ord. No. 186,347, Eff. 11-3-19.

Los Angeles Administrative Code § 4.127 Allowance for Leave for Illness in Family.

Sec. 4.127. Allowance for Leave for Illness in Family. (a) Any employee who is absent from work by reason of the illness or injury of a member of the employee’s immediate family or, effective January 1, 2023, designated person and who has accrued sick leave at full pay shall, upon approval of the appointing authority or the agent thereof designated to determine such matter, be allowed leave of absence with full pay for not to exceed in the aggregate fifteen (15) working days (120 hours) in any one calendar year, provided such employee shall furnish a satisfactory doctor’s certificate or other suitable and satisfactory proof showing the nature and extent of the injury or illness to justify the absence. “Immediate family” shall include the father, father-in-law, mother, mother-in- law, brother, sister, spouse, child, foster child, grandparent, grandchild, step-parent, step-child of any employee of the City, the domestic partner of an employee, a household member (any person residing in the immediate household of the employee at the time of the illness or injury), and the following relatives of an employee’s domestic partner: child, grandchild, mother, and father. Any non-represented employee who claims a domestic partner for purposes of the provisions of this subsection shall complete a confidential affidavit to be filed in the Employee Benefits Office, Personnel Department, which shall be signed by the City employee and the domestic partner, declaring the existence of a domestic partnership with a named domestic partner. No affidavit is required to secure family illness benefits arising from the illness or injury of a household member. “Designated person”, in accordance with California Labor Code Section 245.5(c)(8), effective January 1, 2023, “means a person identified by the employee at the time the employee requests paid sick days.” Employees are limited to only one designated person per 12-month period. By extending to an employee the specific benefits defined in this subsection, the City does not intend to confer or to imply any other unspecified benefits to such employee, or to the employee’s domestic partner, or to the employee’s household members, or to any other person. (b) Any non-represented employee shall be allowed leave of absence with full pay for up to an aggregate of fifteen (15) working days (120 hours) in any one calendar year for the provisions of Subsection (a) hereinabove, or for the purpose of adopting a child. (c) The aggregate number of days of absence for which pay may be allowed under this section shall be included in the number of days for which sick leave with full pay is allowed under Section 4.126 of this Code. Effective January 1, 2020, non-represented employees shall be permitted to use 75% sick leave hours for family illness after exhausting all their available 100% sick leave hours. SECTION HISTORY Based on Ord. No. 89,100. Amended by: Ord. No. 123,623; Ord. No. 137,896; Ord. No. 140,780, Eff. 7-31-70; Ord. No. 155,667, Eff. 7-31-81, Oper. 7-1-81; In Entirety, Ord. No. 165,312, Eff. 1-6-90, Oper. 12-4-89; Ord. No. 168,238, Eff. 10-17-92, Oper. 9-16-92: In Entirety, Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94; Subsec. (a), first sentence, Ord. No. 170,864, Eff. 1-22-96, Oper. 1-22-96; Subsec. (a), Ord. No. 171,780, Eff. 11-17-97, Oper. 11-23-97; Subsec. (b), Ord. No. 185,365, Eff. 12-27-17; In Entirety, Ord. No. 186,346, Eff. 11-3-19; Subsec. (a), Ord. No. 187,932, Eff. 7-7-23.

Los Angeles Administrative Code § 4.127.1 Allowances for Leave because of Family Deaths.

Sec. 4.127.1. Allowances for Leave because of Family Deaths. (a) Except as otherwise provided by Memorandum of Understanding and implemented by the City Council, in addition to all other sick leave allowed under this article, any employee who is absent from work by reason of the death of a member of the employee’s immediate family shall, upon the approval of the appointing authority or the agent thereof designated to determine such matters, be allowed leave of absence with full pay for a maximum of three working days for each occurrence of a death in the employee’s immediate family. Such employee shall furnish a death certificate or other satisfactory proof of the death to justify the absence. “Immediate family” shall include the father, father-in-law, mother, mother-in-law, brother, sister, spouse, child, grandparents, grandchildren, step-parents, step-children, foster parents, foster children, a domestic partner, any relative who resided in the employee’s household, a household member (any person residing in the immediate household of the employee at the time of death), and the following relatives of an employee’s domestic partner: child, grandchild, mother, father. For the purpose of this section, simultaneous, multiple family deaths will be considered as one occurrence. (b) Any non-represented employee who claims a domestic partner for purposes of the provisions of Subsection (a) hereinabove, shall complete a confidential affidavit to be filed in the Employee Benefits Office, Personnel Department, which shall be signed by the City employee and the domestic partner, declaring the existence of a domestic partnership with a named domestic partner. No affidavit is required to secure bereavement leave benefits arising from the death of a household member (any person residing in the immediate household of the employee at the time of death). (c) Intermittent employees, as defined by Section 4.110(b) of this Code, shall not be entitled to compensated leave because of family deaths. (d) In addition to the bereavement leave granted under this section, upon approval of the appointing authority, any employee who has accrued unused sick leave at full pay shall be allowed sick leave with full pay not to exceed two working days per occurrence for the purpose of bereavement leave if it is necessary for the employee to travel a minimum of 1,500 miles one way, as calculated by the Automobile Association of America (AAA). Employees requesting the use of sick leave under this provision shall furnish satisfactory proof to the appointing authority of the distance traveled. Use of sick leave hours for bereavement leave shall not be counted as sick leave in any department Sick Leave Use Monitoring Program. This provision expires on January 1, 2023, and is replaced by the following provision: Effective January 1, 2023, in addition to the bereavement leave granted under this Section, non- represented employees shall be entitled to use an additional two days either unpaid, or paid using accrued unused sick leave, vacation, personal leave, or compensatory time off, at the employee’s discretion for the death of an immediate family member as defined in Subsection (a) hereinabove. Use of sick leave hours for bereavement leave shall not be counted as sick leave in any department Sick Leave Use Monitoring Program. (e) Commencing July 1, 2012, non-represented employees shall be entitled to use the bereavement leave granted under this section up until 370 calendar days from the date of the death of the qualifying immediate family member. Bereavement leave not used prior to 370 calendar days from the date of said death shall be deemed waived and lost. SECTION HISTORY Based on Ord. No. 89,100. Amended by: Ord. No. 137,896; Ord. No.140,780, Eff. 7-31-70; Ord. No. 153,343, Eff. 7-1-80, Oper. 7-1-80; Ord. No. 165,482, Eff. 2-1-90; Ord. No. 168,238, Eff. 10-17-92, Oper. 9-16-92; In Entirety, Ord. No. 170,101, Eff. 11-17-94, Oper. 7-1-94; Subsec. (d), Ord. No. 175,048, Eff. 1-23-03; Subsec. (e) added, Ord. No. 182,210, Eff. 8-10-12; Subsec. (b), Ord. No. 184,260, Eff. 5-5-16; Subsec. (d), Ord. No. 187,820, Eff. 5-12-23.

Los Angeles Administrative Code § 4.127.2 Leave for Reproductive Loss.

Sec. 4.127.2. Leave for Reproductive Loss. (a) Effective January 1, 2024, in compliance with California Government Code Section 12945.6, employees who have been employed for at least 30 calendar days may take up to five (5) days of leave for reproductive loss within three (3) months following a reproductive loss event, as defined below. Said leave shall be taken on assigned work days using the number of hours the employee is usually scheduled to work on those days. Employees shall be allowed to take consecutive or non-consecutive days off. Employees may use unpaid leave, accrued unused sick leave, accrued unused vacation time, or accrued compensatory time off, or any combination thereof for their reproductive loss leave. In the event of an employee experiencing multiple reproductive loss events exceeding four events within a 12-month period, the amount of aggregate time off granted shall not exceed twenty (20) days within a 12-month period. 1. “Reproductive loss event” means the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction, defined as follows: A. “Failed adoption” - the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party. This event applies to an employee who would have been a parent of the adoptee if the adoption had been completed. B. “Failed surrogacy” - the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to an employee who would have been a parent of a child born as a result of the surrogacy. C. “Miscarriage” - a miscarriage by an employee, by the employee’s current spouse or domestic partner, or by another individual if the employee would have been a parent of a child born as a result of the pregnancy that ended in miscarriage. D. “Stillbirth” - a stillbirth resulting from an employee’s pregnancy, the pregnancy of the employee’s current spouse or domestic partner, or another individual, if the employee would have been a parent of a child born as a result of the pregnancy that ended in stillbirth. E. “Unsuccessful assisted reproduction” - an unsuccessful round of intrauterine insemination or embryo transfer, which includes gamete and embryo donation, or of an assisted reproductive technology procedure. This event applies to an employee, the employee’s current spouse or domestic partner, or another individual, if the employee would have been a parent of a child born as a result of the pregnancy that was unsuccessful. (b) Notwithstanding Subsection (a) above, when employees are on Family and Medical Leave pursuant to Section 4.129 of this Code or a Memorandum of Understanding, or any other leave entitlement under State or federal law, either prior to or immediately following a reproductive loss event, employees shall complete their reproductive loss leave within three months after the end date of the other leave. SECTION HISTORY Added by Ord. No. 188,239, Eff. 5-17-24.

Los Angeles Administrative Code § 4.128 Method of Reporting Sick Leave.

Sec. 4.128. Method of Reporting Sick Leave. All sick leave allowances under this article shall, for the purposes of payroll reporting, be charged in no less than one-half hour increments. SECTION HISTORY Based on Ord. No. 89,100. Amended by: Ord. No. 123,283; Ord. No. 181,781, Eff. 7-19-11.

Los Angeles Administrative Code § 4.129 Family and Medical Leave - Non-Represented Employees.

Sec. 4.129. Family and Medical Leave - Non-Represented Employees. (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 the employee has a serious health condition that makes the employee unable to perform the functions of the employee’s 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 the employee’s 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 the employee’s original job or to an equivalent job. (e) Notice Requirements. 1. Employee. When an employee requests family or medical leave, the employee 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. 1. The City will implement the Paid Parental Time 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. Use of Paid Parental Time shall be limited to six (6) weeks (240 hours) as part of the employee’s Family and Medical Leave entitlement during the employee’s 12-month Family and Medical Leave anniversary period. Notwithstanding the date range above, on March 24, 2024, the Paid Parental Time pilot program shall become permanent and the pilot program will no longer be in effect. Under the permanent program, Paid Parental Time shall increase from up to six (6) weeks (240 hours) to up to twelve (12) weeks (480 hours). Use of Paid Parental Time shall be limited to twelve (12) weeks (480 hours) as part of the employee’s Family and Medical Leave entitlement during each of the employee’s 12-month Family and Medical Leave anniversary periods. 2. Paid Parental Time shall be available to eligible employees who have experienced any 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. During the pilot program, all eligible employees with a qualifying event shall receive up to six (6) weeks (240 hours) of Paid Parental Time regardless of any other paid time off balances (i.e., sick leave, vacation, compensatory time off, etc.). Effective March 24, 2024, all eligible employees with a qualifying event shall receive up to twelve (12) weeks (480 hours) of Paid Parental Time 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 Family or Medical Leave for pregnancy disability or bonding leave and taken on a continuous or intermittent basis in no less than one (1) hour increments. Employees must conclude Paid Parental Time 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; Subsec. (i), Ord. No. 188,285, Eff. 6-28-24.

Los Angeles Administrative Code § 4.130 Personal Leave - Non-Represented Employees.

Sec. 4.130. Personal Leave - Non-Represented Employees. (a) Except as set forth in Subsection (d), below, effective February 28, 2021, each full-time, non-represented employee, in addition to all other compensatory time, shall receive 40 hours per calendar year as Personal Leave. Personal Leave is defined as leave for any event requiring an employee’s immediate attention. Personal Leave shall only be taken in the calendar year in which it is credited and, if not taken, such time shall be deemed waived and lost. Personal Leave shall be taken in no less than one-hour increments. No employee shall be entitled to Personal Leave until the employee has completed six (6) months of City service (180 calendar days from the date of hire). Under no circumstances shall such time be compensated in cash upon separating from City service, retirement, or transfer from a non-represented position to a position represented by a bargaining unit, or for any other reason. From March 24, 2024 through December 31, 2028 only, this subsection shall be superseded by the provisions in Subsection (d), below. (b) Effective February 28, 2021, for calendar year 2021 only, each part-time, non-represented employee, as defined by Section 4.110(a) and (b) of this Code, in addition to all other compensatory time, shall receive Personal Leave as listed below. All other terms and conditions as provided for full-time employees in Subsection (a) above are applicable. 1. Half-time - Civil Service: 20 hours 2. Half-time - Civil Service Exempt: 10 hours 3. Intermittent - Civil Service or Civil Service Exempt: 5 hours (c) Except as set forth in Subsection (d), below, effective calendar year 2022, each part-time, non-represented employee, as defined by Section 4.110(a) and (b) of this Code, in addition to all other compensatory time, shall accrue Personal Leave on the basis of the total number of hours worked in the prior calendar year in relationship to the total number of hours required for full-time employment, not to exceed 40 hours in a calendar year. All other terms and conditions as provided for full-time employees in Subsection (a) above are applicable. From March 24, 2024 through December 31, 2028 only, this subsection shall be superseded by the provisions in Subsection (d), below. (d) The City hereby implements a Personal Leave and Hourly Unspecified Holiday Time pilot program, which shall be in effect from March 24, 2024 through December 31, 2028, inclusive. Hourly Unspecified Holiday Time may be taken in one-hour increments and is available to employees who are eligible for Personal Leave. Hourly Unspecified Holiday Time shall only be taken in the calendar year in which it is credited and, if not taken, such time shall be deemed waived and lost. 1. Personal Leave and Hourly Unspecified Holiday Time for Calendar Year 2024. Any unused Personal Leave time credited to an employee in calendar year 2024, as provided in Subsection (a) above, shall be treated as follows: A. Full-Time Employees. (1) Effective March 24, 2024, a maximum of 24 unused hours of the 40 hours of Personal Leave provided under Subsection (a) above, shall remain as Personal Leave. (2) Effective March 24, 2024, any remaining unused hours in excess of the 24 hours provided in Subparagraph (1) above shall be converted to Hourly Unspecified Holiday Time (maximum of 16 hours). (3) Employees on active payroll status as of December 31, 2024, who have any unused balance of Personal Leave hours (maximum of 24 hours) as provided in Subparagraph (1) above shall be compensated by cash payment at 100% of the employee’s salary rate as of December 31, 2024. The payment shall be issued as soon as practicable after the end of calendar year 2024. B. Part-Time Employees - Half Time and Intermittent. (1) Effective March 24, 2024, a maximum of 60% of any remaining unused hours in an employee’s Personal Leave bank shall remain as Personal Leave time. (2) Effective March 24, 2024, any remaining unused hours in excess of 60% of the hours provided in Subparagraph (1) above shall be converted to Hourly Unspecified Holiday Time. (3) Employees on active payroll as of December 31, 2024, who have any unused balance of hours as provided in Subparagraph (1) above, shall be compensated by cash payment at the employee’s salary rate as of December 31, 2024. The payment shall be issued as soon as practicable after the end of calendar year 2024. 2. Personal Leave and Hourly Unspecified Holiday Time for Calendar Years 2025, 2026, 2027, and 2028. A. Full-Time Employees. (1) On January 1 of calendar years 2025, 2026, 2027, and 2028, each full-time employee shall, in addition to all other compensatory time, receive 24 hours of Personal Leave. (2) On January 1 of calendar years 2025, 2026, 2027, and 2028, each full-time employee shall, in addition to all other compensatory time, receive 16 hours of Hourly Unspecified Holiday Time. (3) Employees on active payroll status as of December 31 of calendar years 2025, 2026, 2027, and 2028 who have any unused balance of hours as provided in Subparagraph (1) above, shall be compensated by cash payment at the employee’s salary rate as of December 31, of each calendar year. The payment shall be issued as soon as practicable after the end of each calendar year. B. Part-Time Employees - Half Time and Intermittent. (1) On January 1 of calendar years 2025, 2026, 2027, and 2028, each part-time employee shall, in addition to all other compensatory time, receive up to 24 hours of Personal Leave time based on a proration of 0.0192 hours for each hour worked during the prior calendar year multiplied by 60%. (2) On January 1 of calendar years 2025, 2026, 2027, and 2028, each part-time employee shall, in addition to all other compensatory time, receive up to 16 hours of Hourly Unspecified Holiday Time based on a proration of 0.0192 hours for each hour worked during the prior calendar year. Any remaining hours in excess of 60% of the hours credited as Personal Leave shall be converted to Hourly Unspecified Holiday time. (3) Employees on active payroll status as of December 31 of calendar years 2025, 2026, 2027, and 2028, who have any unused balance of hours as provided in Subparagraph (1) above, shall be compensated by cash payment at the employee’s salary rate as of December 31 of each calendar year. The payment shall be issued as soon as practicable after the end of each calendar year. The Personal Leave and Hourly Unspecified Holiday Time pilot program shall expire at the end of December 31, 2028. SECTION HISTORY Added by Ord. No. 186,954, Eff. 4-26-21. Amended by: Ord. No. 188,284, Eff. 6-28-24.

Source: City of Los Angeles, Charter and Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/los_angeles/latest/laac/0-0-0-10114Fetched: 10/24/2026