Common use of Substitution of Paid Accrued Leaves Clause in Contracts

Substitution of Paid Accrued Leaves. While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leave. Similarly, the City of Cathedral City may require an employee to concurrently use paid accrued leave after requesting FMLA and/or CFRA leave, and may also require an employee to use family and medical care leave concurrently with a non-FMLA/CFRA leave which is FMLA/CFRA-qualifying. A. Employee’s Right To Use Paid Accrued Leaves Concurrently With Family Leave Where an employee has earned or accrued paid vacation, compensatory time, or personal or sick leave, that paid leave may be substituted for all or part of any (otherwise) unpaid leave under this policy. As for sick leave, an employee is entitled to use sick leave concurrently with leave under this policy if: 1. The leave is for the employee’s own serious health condition; or 2. The leave is needed to care for a parent, spouse, child, or domestic partner with a serious health condition, and would be permitted as sick leave under the City of Cathedral City’s sick leave policy. B. City of Cathedral City’s Right to Require An Employee To Use Paid Leave When Using FMLA/CFRA Leave 1. Employees are not required to use accrued compensatory time earned in lieu of overtime earned pursuant to the Fair Labor Standards Act; and 2. Employees will only be required to use sick leave concurrently with FMLA/CFRA leave if the leave is for the employee’s own serious health condition. C. City of Cathedral City’s Right To Require An Employee To Exhaust FMLA/CFRA Leave Concurrently With Other Leaves If an employee takes a leave of absence for any reason which is FMLA/CFRA-qualifying, the City of Cathedral City may designate that non-FMLA/CFRA leave as running concurrently with the employee’s 12-week FMLA/CFRA leave entitlement. The only exception is for peace officers and firefighters who are on leave pursuant to Labor Code § 4850. D. City of Cathedral City’s and Employee’s Rights If An Employee Requests Accrued Leave Without Mentioning Either the FMLA or CFRA 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 of Cathedral City may not ask the employee if the leave is for a FMLA/CFRA-qualifying purpose. However, if the City of Cathedral 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 of Cathedral City may inquire further into the reason for the absence. If the reason is FMLA/CFRA-qualifying, the City of Cathedral City may require the employee to use accrued leave as described above.