# COMAR Title 11 — Department of Transportation

## Subtitle 02 — Transportation Service Human Resources System

### Chapter 03 — Leave Benefits

#### Regulation .08 Bereavement Leave.

*COMAR 11.02.03.08*

A. Definitions.

  (1) “Bereavement leave” means a form of allotted leave with pay that can only be used for the death of an employee’s family member.

  (2) “Immediate family” means the following individuals related to the employee or an employee’s spouse:

    (a) Children, foster children, or stepchildren;

    (b) Parents, stepparents, foster parents, others who took the place of parents, or legal guardians;

    (c) Brothers or sisters;

    (d) Grandparents or grandchildren; and

    (e) Other relatives living as members of the employee's household.

  (3) “Child” means an adopted, biological, or foster child, a stepchild, or a legal ward, who is at least 6 months old and younger than 27 years old.

  (4) Infant means an adopted, biological, or foster child, a stepchild, or legal ward, who is younger than 6 months old.

B. Eligibility.

  (1) Death in an Employee's Immediate Family. A maximum of 5 days may be charged to sick leave in the event of a death in the immediate family of an employee or an employee's spouse.

  (2) Bereavement Leave. An employee may elect to receive up to 3 days of bereavement leave with pay and 2 days sick leave on the death of the following family members:

    (a) Spouse of the employee;

    (b) Children, including foster children and stepchildren of the employee or employee’s spouse;

    (c) Parents, stepparents, or foster parents of the employee;

    (d) Brothers and sisters of the employee; and

    (e) Grandparents and grandchildren of the employee.

  (3) An employee may receive up to 10 days of bereavement leave with pay within 60 days after the death of the employee’s child.

  (4) An employee may receive up to 60 days of bereavement leave with pay within 60 days after:

    (a) The employee experiences a stillbirth, or;

    (b) The death of the employee’s infant.

  (5) An employee may use parental bereavement leave only after notifying the employee’s appointing authority of the employee’s intention to use parental bereavement leave. An employee’s appointing authority may not require an employee entitled to parental bereavement leave to use any other paid leave available to the employee.

  (6) Death of Employee's Other Relatives. A maximum of 1 day may be charged to sick leave in the event of the death of one of the following relatives:

    (a) Aunts and uncles of an employee or spouse;

    (b) Nephews and nieces of an employee or spouse;

    (c) Brothers-in-law and sisters-in-law of an employee or spouse; and

    (d) Sons-in-law and daughters-in-law.

  (7) If the sick leave required in connection with a death in a family is in excess of the limits specified, an employee may, with appropriate approval, use accumulated annual, personal, or compensatory leave.