<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 11.02.03.04" title_num="11" subtitle_num="02" chapter_num="03" heading="Personal Leave.">
  <paragraph num="A.">
    <text>Personal leave is a form of allotted leave with pay.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Allotment.</text>
    <paragraph num="(1)">
      <text>A full-time employee shall be allotted 7 days of personal leave per calendar year.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A full-time employee hired after June 30 of a calendar year shall be allotted 3 personal leave days for that calendar year.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A full-time employee hired after November 30 of a calendar year shall be allotted 1 personal leave day for that calendar year.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>For each calendar year that is a leap year, a full-time employee shall be allotted 8 days of personal leave.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A part-time employee shall be allotted a percentage of personal leave equal to the percentage that the employee's part-time position is funded.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>An employee may not be allotted personal leave while the employee is on extended sick leave.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Use of Personal Leave.</text>
    <paragraph num="(1)">
      <text>With appropriate approval, an employee may use personal leave for any purpose.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Each administration shall establish written procedures for the approval of personal leave. The Secretary shall approve the written procedures.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Approval may be denied only if the denial is necessary as a result of a critical shortage of staff.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Accumulation.</text>
    <paragraph num="(1)">
      <text>Personal leave may not be accumulated.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Unused personal leave shall be forfeited at the end of each calendar year, or upon termination of employment with the State.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Transfer of Personal Leave.</text>
    <paragraph num="(1)">
      <text>An employee who is hired without a break in service by another State department or agency may transfer unused personal leave up to the limits allowed by that department or agency. Unused personal leave in excess of the amount authorized to be transferred shall be forfeited.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An employee who is hired by the Department from another State department or agency without a break in service may not transfer any unused personal leave, but shall be allotted personal leave based on the date of hire.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Reinstatement.</text>
    <paragraph num="(1)">
      <text>An employee who is reinstated into the Transportation Service before June 30 of the same calendar year in which the employee left shall be credited with the employee's unused personal leave.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An employee who is reinstated into the Transportation Service after June 30 of the same calendar year in which the employee left shall be credited with a maximum of 3 days of the employee's unused personal leave.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An employee who is reinstated into the Transportation Service after November 30 of the same calendar year in which the employee left shall be credited with a maximum of 1 day of the employee's unused personal leave.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Payment for Unused Personal Leave.</text>
    <paragraph num="(1)">
      <text>An employee who has perfect attendance for a full calendar year shall be paid for all unused personal leave up to a maximum of 3 days, based on the amount of personal leave that was not used in the calendar year.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For an employee to have perfect attendance, the employee may not have:</text>
      <paragraph num="(a)">
        <text>Used earned or allotted sick leave, except for a death in the family;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Used work injury leave;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Been placed on disciplinary suspension or disciplinary loss of leave;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Been on leave without pay; or</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Used annual or compensatory leave which was not requested and approved before the end of the employee's previous shift, unless the:</text>
        <paragraph num="(i)">
          <text>Leave was taken under officially declared liberal leave, or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Employee reported to work and the leave was approved by the supervisor.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The appointing authority or the appointing authority's designee may grant payment under this section to an employee whose lack of perfect attendance is solely and directly attributed to a disability as defined in the Americans With Disabilities Act of 1990, 42 U.S.C. §§12101—12213.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Payment under this section is subject to the budgetary constraints of the Department.</text>
    </paragraph>
  </paragraph>
</regulation>