# COMAR Title 11 — Department of Transportation

## Subtitle 02 — Transportation Service Human Resources System

### Chapter 03 — Leave Benefits

#### Regulation .20 Disaster Service Leave.

*COMAR 11.02.03.20*

A. Eligibility.

  (1) On request, an employee may be entitled to disaster service leave with pay if:

    (a) The employee is certified by the American Red Cross as a disaster service volunteer: and

    (b) The American Red Cross requests the services of the employee during a disaster that is designated at Level II or above in the regulations and procedures of the National Office of the American Red Cross; or

  (2) The employee is a member of:

    (a) The Civil Air Patrol;

    (b) The United States Coast Guard Auxiliary;

    (c) Maryland Voluntary Organizations Active in Disaster;

    (d) A volunteer emergency medical services department;

    (e) A volunteer fire department;

    (f) A volunteer rescuer company of volunteer rescue squad; or

    (g) A Community Emergency Response team.

B. General.

  (1) An employee may use up to 30 days of disaster service leave in any 12-month period only after obtaining approval from the employee’s appointing authority or the appointing authority’s designee.

  (2) An employee will continue to earn credit for service while using disaster service leave.

  (3) An employee using disaster leave will be paid at the employee's regular rate of pay. Acting pay is not included.

  (4) An employee will continue to earn annual and sick leave while on disaster service leave.

  (5) Health insurance benefits are continued while using disaster service leave.

  (6) For purposes of Worker’s Compensation, including work injury leave, and the Maryland Tort Claims Act, while an employee is using disaster service leave, the employee is not considered a State employee.