<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".12" citation="COMAR 11.02.03.12" title_num="11" subtitle_num="02" chapter_num="03" heading="Time Off for Religious Observances.">
  <paragraph num="A.">
    <text>An employee may use the following types of leave for religious observances:</text>
    <paragraph num="(1)">
      <text>Annual leave in accordance with Regulation .03 of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Personal leave in accordance with Regulation .04 of this chapter; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Compensatory leave in accordance with Regulation .06 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>If an employee is scheduled to work on a holiday or is employed by an administration which renders a service that is provided continuously on a 7-day-a-week basis, the employee's appointing authority or the appointing authority's designee shall make reasonable accommodation to the employee's request to use leave for religious observances if accommodation can be made without serious interference with the efficiency of the administration. If reasonable accommodation cannot be made, the appointing authority or the appointing authority's designee may deny the leave request.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Earned Religious Observance Time.</text>
    <paragraph num="(1)">
      <text>The provisions of this section do not apply in an organizational unit which renders a service that is provided continuously on a 7-day-a-week basis.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An employee may submit to the employee's appointing authority a request to work extra time to compensate for time off for religious observances. If modifications in work schedules do not interfere with the efficient operation of the administration, the appointing authority shall give an employee, who elects to work extra time for time lost to meet religious requirements, the opportunity to work extra time. This extra time worked shall be granted as compensatory time off and may not be applied toward overtime pay.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An employee who is exempt from receiving overtime cash payments shall be granted equal hour-for-hour time off for religious observance.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>An employee who is entitled to receive overtime payments shall be granted equal hour-for-hour time off for religious observance up to a maximum of 40 hours in any workweek. Time worked in excess of 40 hours in any workweek shall be granted at the rate of time and one-half for religious observance.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The appointing authority may adopt written policies, subject to the approval of the Secretary, which provide for exceptions to this section in the interest of the efficient operation of the agency.</text>
    </paragraph>
  </paragraph>
</regulation>