Common use of Substitution of Paid Accrued Leaves Clause in Contracts

Substitution of Paid Accrued Leaves. If an employee requests leave for any reason permitted under this policy, he/she must exhaust all accrued leaves (except sick leave and compensatory time earned in lieu of overtime earned pursuant to the Fair Labor Standards Act) in connection with the leave. The exhaustion of accrued leave will run concurrently with the leave under this policy. Notwithstanding the above, if an employee requests leave for his/her own serious health condition, in addition to exhausting accrued leave, the employee must also exhaust accrued sick leave. If an employee takes a leave of absence for any reason which is FMLA/CFRA qualifying, non-FMLA/CFRA leave shall run concurrently with the employee's 12-week FMLA/CFRA leave entitlement. If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose. However, if the City denies the employee's request and the employee provides information that the requested time off is for a FMLA/CFRA qualifying purpose, the City may inquire further into the reason for the absence. If the reason is FMLA/CFRA qualifying, the employee shall exhaust accrued leaves as described above.

Substitution of Paid Accrued Leaves. If an employee requests leave for any reason permitted under this policy, he/she must exhaust all accrued leaves (except sick leave and compensatory time earned in lieu of overtime earned pursuant to the Fair Labor Standards Act) in connection with the leave. The exhaustion of accrued leave will run concurrently with the leave under this policy. Notwithstanding the above, if an employee requests leave for his/her own serious health condition, in addition to exhausting accrued leave, the employee must also exhaust accrued sick leave. If an employee takes a leave of absence for any reason which is FMLA/CFRA qualifying, non-FMLA/CFRA leave shall run concurrently with the employee's 12-week FMLA/CFRA leave entitlement. This provision shall not, however, apply to peace officers who are on leave pursuant to Labor Code Section 4850. If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose. However, if the City denies the employee's request and the employee provides information that the requested time off is for a FMLA/CFRA qualifying purpose, the City may inquire further into the reason for the absence. If the reason is FMLA/CFRA qualifying, the employee shall exhaust accrued leaves as described above.