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Leave of Absence Instructions and Information
It is the policy of San Mateo County to provide family and medical leave to eligible employees in accordance with the Federal Family and
Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). FMLA/CFRA allows eligible employees 12 weeks or 480 hours of
protected time. In addition to FMLA/CFRA rights, the County has a generous leave policy for other types of leaves. See below for
instructions and information about the type of leave you are requesting.
This Leave of Absence Request Form shall be used to request time off from work whether you are requesting leave to be paid or unpaid,
for all reasons except for work related injuries. For work related injuries please refer to San Mateo County’s Workers’ Compensation
Benefits Package which you may obtain from your payroll specialist or Risk Management. An employee granted a leave of absence, unless
otherwise provided, has the right to return to a position in the same classification, or equivalent classification in the same department as
he/she held at the time the leave was granted.
A. COVID-19 FFCRA Expanded FMLA for Childcare
For more information about available leave during COVID-19 visit https://hr.smcgov.org/covid-19-employee-resources
B. Leave of Absence for Illness or Injury (Medical Leaves for employees and/or their immediately family members)
A Medical Leave of Absence may be granted for up to 26 bi-weekly pay periods (one year), paid or unpaid, for the employee’s own
injury or condition. Medical Leaves may include leaves for childbirth, disabilities caused or contributed by pregnancy, miscarriage
and abortion. Medical Leaves to care for an immediate family member who has suffered an injury or illness, under FMLA/CFRA can
be granted for up to 12 weeks or 480 hours.
Medical Leaves require supporting medical documentation to include when the leave starts and the expected end date. If you are
released to return to work with limitations/restrictions or you’re unable to perform all of your tasks, please contact your supervisor
immediately to discuss the possibility of returning you to work under a Temporary Work Assignment (TWA).
If you feel your condition qualifies for accommodations under the Americans with Disabilities Act (ADA) or the Fair Employment Act,
please contact the County’s ADA Manager at (650) 363-4738.
C. Leave of Absence for Personal Reasons
A Leave of Absence for personal reasons may include an extended vacation. All vacation and holiday time must be used prior to be
being granted unpaid leave. Unpaid leave may be granted for a maximum of 13 full bi-weekly pay periods.
D. Parental Leave of Absence
An employee may be granted a Parental Leave of up to 13 bi-weekly pay periods, during the period of one year following the birth of
the employee’s child or one year following the placement of a child within the employee’s home in connection with the adoption or
foster care of a child. An employee is not required to exhaust paid leave prior to being granted Parental Leave but may use up to 30
working days of sick leave. To be granted leave under this section, the employee must attach medical documentation of the expected
due date or supporting documentation of the adoption or placement of a foster child. Minimum leave for Parental Leave is two
weeks, except on two occasions where the leave may be granted for less than two weeks.
E. Military Leave of Absence
The provisions of the Military and Veterans Code of the State of California shall govern military leave of County employees. Orders
must be attached. Additionally, Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status
in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain
qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare,
addressing certain financial and legal arrangements, attending counseling sessions, and attending post-deployment reintegration
briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for
a covered service-member during a 12-month period. A covered service-member is a current member of the Armed Forces, including
a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty that may render the
service-member medically unfit to perform his or her duties for which the service-member is undergoing medical treatment,
recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.
F. Educational Leave of Absence with Pay
Educational leaves may be granted to employees for a maximum of 65 working days during a 52 bi-weekly period for the purpose of
attending formal training or educational course of study. Eligibility for such leaves will be limited to employees with at least 13 bi-
weekly periods of continuous service and who are not extra help or temporary. Such leaves will be granted only in cases where there
is a reasonable expectation that the employee’s work performance or value to the County will be enhanced as a result of the course
of study. A separate Leave of Absence Request form must accompany this form.
G. Other Leave
For more information regarding these types of leaves, refer to the County’s Ordinance Code:
Leave of Absence to Accept Temporary Employment Outside the County Government
Leave of Absence to Accept a Position in the Unclassified Service
Leave of Absence to Fill an Un-expired Term in an Elective Office
Absence Due to Required Attendance in Court
