In this subtitle the following words have the meanings indicated. “Catastrophic illness or injury” means a condition that is incapacitating or life threatening as certified by a health care provider, as defined in the federal Family Medical Leave Act. “Immediate family” means: the spouse of the employee; children, including foster and stepchildren of the employee; parents, stepparents, or foster parents of the employee; brothers and sisters of the employee; and grandparents and grandchildren of the employee. “Leave Bank” means the State Employees’ Leave Bank. “Leave Donation Program” means the Employee-to-Employee Leave Donation Program.

There is a State Employees' Leave Bank. There is an Employee-to-Employee Leave Donation Program. The Secretary shall administer the State Employees' Leave Bank and the Employee-to-Employee Leave Donation Program. The Secretary shall adopt regulations that: govern donations to and grants of leave from the Leave Bank; govern donations and receipts of leave under the Leave Donation Program; and provide for participation in the Leave Bank and the Leave Donation Program by employees in units of State government with independent personnel systems that elect to participate in the State Employees' Leave Bank in accordance with subsection (e) of this section. Each employee, except a temporary employee, in the State Personnel Management System may voluntarily participate in the Leave Bank and the Leave Donation Program in accordance with this subtitle. A principal unit in the Executive, Judicial, or Legislative branches of State government with an independent personnel system may allow its employees to voluntarily participate in the Leave Bank and the Leave Donation Program in accordance with this subtitle. A unit that elects to participate under this subsection shall: keep a record of the employee leave donated; and at the end of each fiscal year, submit to the Secretary a report containing the following information: the number of employees who donated leave; the kind of leave and number of hours donated by each employee; the number of employees who received donated leave; and the number of hours of donated leave used by each employee to whom leave was donated.

The Leave Bank consists of donated leave and forfeited annual, personal, and sick leave. An employee is a member of the Leave Bank for 2 years from the date on which the employee: voluntarily donates at least 8 hours of annual, personal, or sick leave to the Leave Bank in accordance with this title; or has at least 8 hours of annual or personal leave placed in the Leave Bank as a result of a forfeiture under § 9-307, § 9-403, or § 9-507 of this title. The Secretary may grant leave from the State Employees' Leave Bank to an employee who: has exhausted all forms of annual, personal, sick, and compensatory leave because of a serious and prolonged medical condition; provides a certificate of illness or disability; and is a member of the State Employees' Leave Bank; or is granted an exemption by the Secretary from the membership requirement for good cause.

Subject to the limitations in this title or in any other law, an employee may voluntarily donate unused annual, sick, or personal leave to another employee who has exhausted all available annual, personal, sick, and compensatory leave because of a serious and prolonged medical condition of the employee or a catastrophic illness or injury of a member of the employee’s immediate family. The employee who donates leave shall designate the recipient of the leave. An employee who receives leave through the Leave Donation Program may only use the leave for: an illness or disability of the employee due to the medical condition that existed at the time of the donation; or a catastrophic illness or injury of a member of the employee’s immediate family for whom the employee is needed to provide direct care. An employee may use leave received through the Leave Donation Program for a catastrophic illness or injury of a member of the employee’s immediate family only after obtaining approval from the employee’s appointing authority. Approval by the employee’s appointing authority is discretionary, and denial may be based on any reason which is consistently applied and that is not illegal or unconstitutional.

An employee may not: receive more than a total of 2,080 hours of leave from the Leave Bank and the Leave Donation Program; or use leave from the Leave Bank, the Leave Donation Program, or both for any continuous period that, when combined with all other forms of paid leave, exceeds 16 months.

An employee who is denied use of leave from the Leave Bank or Leave Donation Program may appeal the denial in accordance with regulations adopted by the Secretary.

An employee may not, through intimidation, threat, or coercion, interfere with any right that another employee may have with respect to contributing, receiving, or using leave under this subtitle, including any promise to confer or conferring any appointment, promotion, compensation, or other benefit, or effecting or threatening to effect any reprisal, including the deprivation of appointment, promotion, compensation, or other benefit. An employee who violates subsection (a) of this section is subject to disciplinary action, including the termination of State employment.