Each employee in the State Personnel Management System, except a temporary employee, is entitled to work-related accident leave with sick pay if: the employee sustains a disabling personal injury that would be compensable under the Maryland Workers' Compensation Act; and a physician examines the employee and certifies that the employee is disabled because of the injury. The appointing authority of an employee entitled to work-related accident leave shall notify the employee of the employee's right to file a claim with the Workers' Compensation Commission.

An employee may use work-related accident leave: beginning on the first day of disability; and continuing until the earlier of: the day that the employee is able to return to work, as certified by a physician; or 6 months from the day of disability. After an employee returns to work, work-related accident leave may be granted for continuing treatment as certified by a physician selected by the appointing authority up to 6 months from the day of the original disability. Work-related accident leave may be granted for up to an additional 6 months if: the employee is certified by a physician selected or accepted by the appointing authority; and no decision has been reached by the Workers' Compensation Commission on the employee's claim.

The appointing authority may require an employee on work-related accident leave to be examined periodically by a physician selected or accepted by the appointing authority to determine the employee's progress and the length of time necessary for the employee's recovery.

Payment to an employee for work-related accident leave taken under this subtitle shall be based on two-thirds of the employee's regular pay. Payment for work-related accident leave taken under this subtitle constitutes a separate benefit on account of accidental disability and is not a continuation of salary. Notwithstanding the reduced rate that an employee is paid while using work-related accident leave, the employee: continues seniority and leave accruals based on the employee's regular pay; and does not lose health care benefits with the subsidy allowed in Title 2, Subtitle 6 of this article solely because of use of the work-related accident leave. An employee may not receive temporary total disability benefits under the Maryland Workers' Compensation Act while the employee is receiving payment under this subtitle.

If someone other than the employee or the State causes an injury for which work-related accident leave is taken under this subtitle, the State, as employer, after giving written notice to the employee, is subrogated to the rights of the employee to the extent of any compensation paid or owed under this subtitle. The State, in its own name and for its own benefit, may bring an action or join in an action if: within 90 days after the employee receives notice from the State under subsection (a) of this section, the employee fails to: enforce the claim against the person causing the injury; or give written notice to the State of an intent to do so; or within a reasonable time after giving the State notice of an intent to enforce the claim against the person causing the injury, the employee fails to take action to enforce the claim. An action brought by the State under this section is not a bar to any other claim related to the injury.