Administrative Regulation 3

Overtime, Vacations, Sick Leave, Extra-Hire and Holidays

Effective Date: July 1, 1990

This regulation is issued pursuant to Chapters 2.08 and 2.52 of the Marin County Code and has been approved by the Board of Supervisors.

1. Elected County Officers

Elected County officers are exempted from the provisions, authorizations, and exceptions of this regulation.

2. Unrepresented Employees

All non-elected positions in County employment not covered by collective bargaining agreements are assigned to various categories of fringe benefits which, for purposes of easy identification, are defined as numbered "units"; specifically, units #21, #24, #25, and #26, as defined in the allocation of salaried positions. All new positions created subsequent to the effective date of this regulation and not assigned to a represented unit shall be assigned to one of these units identified herein, by notice from the County Administrator filed with the Clerk of the Board of Supervisors.

3. Overtime and Compensatory Time Off

All unrepresented employees assigned to units identified in Section #2 above are precluded from paid overtime or compensatory time off, except that employees in positions having a 37-1/2-hour work week, as approved by the Board of Supervisors, shall be permitted to receive compensatory time off and/or paid overtime in accordance with this regulation.

• Overtime shall be paid at 1-1/2 times the base rate of pay and shall be compensated to the nearest 1/10 of an hour. 
• Compensatory time off shall be granted at 1-1/2 times the actual hours worked beyond the regular working day. Accumulated comp time will not exceed forty hours. Comp time should be taken as soon as possible after its accrual. All accrued comp time will be eliminated in one year after its original accrual. Department heads are urged to assure that comp time is taken off as soon as possible. If an employee leaves County employment or is promoted/transferred to a position not eligible for comp time, any accrued comp time shall be paid off immediately at the employee's highest pay rate in a comp time position.

4. Records-Timekeeping

• County employees will maintain time records in a manner and form approved by the Auditor-Controller.
• B. Daily entries in appropriate columns will be made by any employee eligible for overtime compensation. All other employees must sign a time sheet bi-weekly.

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5. Vacations

A. All employees in positions specified in Section #2 above shall be entitled to annual vacations on the basis of continuous years of service in accordance with the following schedule:

• After 1 year of service*-10 working days-.0385 hourly
• After 3 years of service -15 working days-.0577 hourly
• After 10 years of service -20 working days-.0770 hourly
• After 25 years of service -25 working days-.0962 hourly
• After 30 years of service -30 working days-.1154 hourly
• *For Top Management positions in units #21 and #26: 15 working days

B. Accrued vacation time vests with each new employee when that employee reaches permanent status in County employment, i.e., completes the probationary period for initial County employment.

C. All vacations shall be taken at such time or times as may be approved by the department head. To the extent that it is reasonable, employee preference shall be honored (on a seniority or annual rotation basis, in the event of conflict), subject to the department head's judgment as to the maintenance of minimum work forces at all times, peak workload coverage, and general departmental and public convenience. The department head may authorize vacations up to the number of days actually accrued after six months of continuous employment if convenient to the County.

D. Vacations shall be scheduled as far in advance as reasonably possible in each work unit, shall be staggered over the entire calendar year to the extent reasonable and, for each employee, may be in more than one increment at different times. 

E. Accumulated unused vacation time shall not exceed 300 hours per employee at any one time for employees in positions in units #24 and #25; employees in units #21 and #26 may accumulate vacation time not to exceed 360 hours. In unusual cases, to avoid impairment of County services, the Administrator, in his sole discretion, may approve, in advance, the accumulation of unused vacation in excess of the maximum.

F. When a holiday falls within an employee's vacation period, that day shall not be charged against the employee's vacation time. If an employee becomes ill while on vacation, the time of actual illness may be charged against sick leave accrued, pursuant to County policy, subject to certification by a physician, if the department requests.

G. An employee who leaves County employment and has earned vacation time to his/her credit shall be paid for the remaining vacation as of the last day of employment. No payment shall be made to an employee whose vacation benefit has not vested (i.e., in probationary period for initial County employee). In the case of payment for accrued vacation, the position of the employee shall remain vacant for a period of time equal to the number of days of vacation for which he/she is paid unless such payment can be made from accounts other than the 1000 series or if employment of a replacement is specifically authorized in writing by the County Administrator and, if required, the funds are appropriated by the Board of Supervisors.

6. Sick Leave

• Each employee referred to in Section #2 above shall be entitled to unlimited accumulation of sick leave. There shall be no pay-off for any unused sick leave.
• In cases where a job-related accident results in exhaustion of all accrued sick leave, five additional days of sick leave will be credited to the employee upon his/her return to work.
• Leave with pay up to five (5) consecutive working days shall be granted by the department head for an employee who must care for a son, daughter, spouse or person of a familial relationship residing in the same household during illness. Such leave shall be charged against accumulated sick leave.
• All other procedures for accumulation and use of sick leave are as defined in Section 2.52.130 of the County Code.

7. Holidays

• Designated. Each employee in a position listed in Section #2 above shall be entitled to the following holidays with pay: The first day of January; the third Monday in January, the third Monday of February; the last Monday in May; the fourth day of July; the first Monday in September; Veterans' Day; Thanksgiving Day; the Friday immediately following Thanksgiving Day; the second half of the working day of December 24; December 25; the second half of the work day December 31; and every day appointed by the President of the United States or the Governor of the State of California for public fast, thanksgiving or holiday.
• Weekend Holidays. When a holiday falls on Saturday or Sunday, the Friday preceding a Saturday holiday or the Monday following a Sunday holiday shall be deemed to be a holiday in lieu of the day observed, except that December 24 and 31 shall be observed as half-day holidays if those dates fall on Monday, Tuesday, Wednesday, Thursday, or Friday, and providing that those dates are not deemed holidays in accordance with Section A above. For an employee who does not work a Monday through Friday schedule, the day immediately following his/her two days off shall be deemed to be a holiday in lieu of the day observed.

8. Floating Holidays

• Two to four work days per year shall be deemed floating holidays which may be taken at any time or times during the year in which they are accrued, with the approval of the department head. If an employee transfers to another County position, the total accrual for the year of transfer shall not exceed the maximum accrual for the year for any one position held.
• Each employee in a position referred to in Section #2 above, except for confidential clerical positions, shall accrue two floating holidays on July 1 of each year. All such employees hired between July 1 and January 1 of any fiscal year shall also immediately accrue upon appointment two floating holidays for that fiscal year. All such employees hired on or after January 1 through June 30 of any fiscal year shall accrue one floating holiday for the balance of that fiscal year. Floating holidays shall be taken in the fiscal year accrued and shall not carry over from one fiscal year to the next. Upon leaving County employment, unused floating holidays shall be paid at a straight time rate so that the total unused holiday to be paid off and the holiday used by employee shall not exceed one working day if the termination occurred between July 1 and December 31, or two days if the termination occurred between January 1 and June 30.
• Each employee in a position in sub-unit #24-02 shall accrue four floating holidays on July 1 of each year. All such employees hired between July 1 and January 1 of any fiscal year shall also immediately accrue upon appointment four floating holidays (30 hours) for that fiscal year. All such employees hired on or after January 1 through June 30 of any fiscal year shall accrue two floating holidays (15 hours) for the balance of that fiscal year. Floating holidays shall be taken in the fiscal year accrued and shall not carry over from one fiscal year to the next. Upon leaving County employment, unused floating holidays shall be paid at a straight time rate so that the total unused holiday to be paid off and holiday to be used by the employee shall not exceed two working days if the termination occurred between July 1 and December 31 or four working days if the termination occurred between January 1 and June 30.

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9. Personal Leave

• The following policies apply to accrual and use of personal leave by all such employees:
  1. No personal leave shall be granted, under any circumstances, without prior approval of the department head. Approval or denial of a request for personal leave shall be based upon the sole and absolute discretion of the department head, who may consider the employee's workload, quality of performance, office workload, and any other factors the department head deems appropriate.
  2. All such regular employees, hired between July 1 and January 1 of each fiscal year, shall be eligible to request personal leave not to exceed the maximum amount identified in paragraphs B through D below for that fiscal year. All such employees, hired on or after January 1 and through June 30 of any fiscal year, shall be eligible to request personal leave not to exceed one-half the amount identified in paragraphs B through D below for the balance of that fiscal year.
  3. Personal leave shall not carry over from one fiscal year to the next. When an employee terminates, there shall be no compensation for unused personal leave.
  4. If an employee transfers to another County position, the total accrual for the fiscal year of transfer shall not exceed the maximum accrual for that year for any one of the positions held.
• Each regular employee in a position in units #21, #24 #25 and #26 defined in Section #2, except for Deputy County Counsels, Attorneys I through VI, and Confidential Clericals (sub-unit 24-02) shall be eligible to receive personal leave not in excess of 40 hours per fiscal year, which must, if allowed, be taken during the same fiscal year.
• Each regular employee in a position in sub-unit 24-02 (Confidential Clericals) shall be eligible to receive personal leave not in excess of 24 hours per fiscal year which must, if allowed, be taken during the same fiscal year.
• Deputy County Counsels in sub-unit 24-03 and Attorneys I through VI in sub-unit 25-02 shall be eligible to receive personal leave not in excess of eighty hours per fiscal year, which must, if allowed, be taken during the same fiscal year.

10. Part-Time Employees

Regular part-time employees in positions listed in Section #2 shall be entitled to all authorized leave benefits, on a reduced time or payment basis, computed on a pro-rata basis.