# COMAR Title 11 — Department of Transportation

## Subtitle 02 — Transportation Service Human Resources System

### Chapter 03 — Leave Benefits

**Authority:** State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland

**Administrative History:** Effective date: January 18, 1993 (20:1 Md. R. 27)

**Administrative History:** Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)

**Administrative History:** Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)

**Administrative History:** Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)

**Administrative History:** Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)

**Administrative History:** Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)

**Administrative History:** Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)

**Administrative History:** Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)

**Administrative History:** Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)

**Administrative History:** Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)

**Administrative History:** Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)

**Administrative History:** Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)

**Administrative History:** Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)

**Administrative History:** Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)

**Administrative History:** Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)

**Administrative History:** Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)

**Administrative History:** Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)

**Administrative History:** Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)

**Administrative History:** Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)

**Administrative History:** Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)

**Administrative History:** Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)

**Administrative History:** Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)

**Administrative History:** Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)

**Administrative History:** Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)

**Administrative History:** Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)

**Administrative History:** Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)

**Administrative History:** Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)

**Administrative History:** Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)

**Administrative History:** Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)

#### Regulation .01 Definitions.

*COMAR 11.02.03.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Allotted leave” means a benefit which the Department is either required to provide, for example, personal leave, or which the Department has the option of providing, for example, advanced sick leave.

  (1-1) “Disaster service leave” means leave with pay that may be allotted to an employee to serve during a disaster.

  (1-2) “Donated leave” means leave donated under the Employee-to-Employee Leave Donation Program specified in Regulation .15 of this chapter by one employee to another employee for a serious and prolonged medical condition.

  (2) “Earned leave” means a benefit which an employee obtains by performing work, for example, annual leave.

  (3) “Employee” means a member of the Career Service, Commission Plan, or Executive Service.

  (4) “Full-time employee” means an employee whose standard workweek is at least 40 hours during a 7-day period between Wednesday and Tuesday.

  (5) “Leave” means an approved absence from work, with a minimum use rate of 0.1 hour.

  (5-1) “Leave bank leave” means leave granted to an employee who is a member of the State Employees' Leave Bank, as specified in Regulation .15 of this chapter, for a serious and prolonged medical condition.

  (6) “Leave with pay” means leave during which an employee receives compensation.

  (7) “Leave without pay” means leave during which an employee does not receive cash compensation.

  (8) “Overtime” means time spent performing work in excess of 40 hours during a 7-day period between Wednesday and Tuesday or in excess of a tour of duty designated by the appointing authority or the appointing authority's designee for law enforcement or fire protection personnel.

  (9) “Part-time employee” means an employee whose standard work hours are less than 40 hours per workweek, and whose fringe benefits are prorated to the extent applicable by law.

  (10) “Workday” means the number of hours specified by an appointing authority or the appointing authority's designee in an employee work schedule.

#### Regulation .02 Leave Approval.

*COMAR 11.02.03.02*

A. The appointing authority or the appointing authority's designee shall establish written procedures for requesting leave, approval of leave, and notification of absence, and shall ensure that each employee is given notice of the procedures.

B. Emergency Use of Sick Leave. In medical emergencies, accumulated sick leave may be used without prior approval. The employee's supervisor shall be notified of the emergency as soon as possible.

#### Regulation .03 Annual Leave.

*COMAR 11.02.03.03*

A. Annual leave is a form of earned leave with pay.

B. Eligibility.

  (1) An employee is eligible to earn annual leave as set forth in §C of this regulation.

  (2) Use of Annual Leave.

    (a) With appropriate approval, an employee with at least 6 months of service may use accumulated annual leave for any purpose.

    (b) Employees with less than 6 months of service may not use annual leave.

C. Rates of Earning. Employees shall earn annual leave at the following rates:

  (1) Upon employment and through the completion of the 5th year of service, an employee shall earn annual leave at the rate of 1.0 hour of leave for each 26 hours worked, and may not earn more than 10 days of annual leave per calendar year;

  (2) From the beginning of the 6th year of service through the completion of the 10th year, an employee shall earn annual leave at the rate of 1.5 hours of leave for each 26 hours worked, and may not earn more than 15 days of annual leave per calendar year;

  (3) From the beginning of the 11th year of service through the completion of the 20th year, an employee shall earn annual leave at the rate of 2 hours of leave for each 26 hours worked, and may not earn more than 20 days of annual leave per calendar year;

  (4) With the exception of §C(5) of this regulation, beginning with the 21st year of service and continuing after that, an employee shall earn 2.5 hours of annual leave for each 26 hours worked, and may not earn more than 25 days of annual leave per calendar year.

  (5) A Department employee who, as of the date of conversion into the Transportation Service, is earning annual leave at a rate greater than that set forth in §C(1)—(4) of this regulation, shall continue to earn annual leave at the former rate or a higher rate if eligible until separation from employment with the Department;

  (6) For annual leave earning rate purposes, a former Department employee's entrance on duty date shall be adjusted upon reinstatement to allow for the same earning power date that was in effect at the time of separation.

  (7) Periods of paid leave, except for extended sick leave and advanced sick leave shall be included in hours worked for the purpose of calculating annual leave earnings.

D. Limitations Applying to the Calculation of Annual Leave Earnings.

  (1) Overtime hours worked may not be used to compute annual leave earnings for full-time employees.

  (2) Hours worked beyond the maximum allowed by the percentage of employment for a part-time employee's position may not be used to compute annual leave earnings.

E. Accumulation of Forwarding of Annual Leave Earnings. A maximum of 75 days or 600 hours of annual leave may be carried into a new calendar year.

F. Transferring Annual Leave.

  (1) An employee of another State department or agency who is hired into the Transportation Service without a break in service may transfer a maximum of 70 days of accumulated annual leave.

  (2) An employee who separates from the Department and is hired without a break in service by another State department or agency shall transfer any accumulated annual leave up to the maximum allowed by that State department or agency.

G. Payment Upon Separation.

  (1) An employee of the Department with at least 6 months of continuous service who separates from State employment shall be paid for unused, accumulated annual leave based on the remaining number of unused annual leave days that were accrued at the end of the previous calendar year, not exceeding 50 days or 400 hours of the total, plus the remaining number of unused annual leave days that were accrued during the calendar year in which the employee's State employment terminates.

  (2) The amount paid shall equal the last permanent hourly rate multiplied by the number of annual leave hours available at the time of separation after calculating the amount under §G(1) of this chapter.

H. A previous State employee, who is hired into the Transportation Service within 5 years from the date of separation from State service, shall be entitled to restoration of leave earning rates based on years of former service.

I. Forfeiture. Accumulated and unused annual leave in excess of the amounts specified in §§D(2) and E of this regulation shall be forfeited.

J. The Secretary may, under extraordinary circumstances, compensate employees who lose annual leave.

#### Regulation .04 Personal Leave.

*COMAR 11.02.03.04*

A. Personal leave is a form of allotted leave with pay.

B. Allotment.

  (1) A full-time employee shall be allotted 7 days of personal leave per calendar year.

  (2) A full-time employee hired after June 30 of a calendar year shall be allotted 3 personal leave days for that calendar year.

  (3) A full-time employee hired after November 30 of a calendar year shall be allotted 1 personal leave day for that calendar year.

  (4) For each calendar year that is a leap year, a full-time employee shall be allotted 8 days of personal leave.

  (5) 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.

  (6) An employee may not be allotted personal leave while the employee is on extended sick leave.

C. Use of Personal Leave.

  (1) With appropriate approval, an employee may use personal leave for any purpose.

  (2) Each administration shall establish written procedures for the approval of personal leave. The Secretary shall approve the written procedures.

  (3) Approval may be denied only if the denial is necessary as a result of a critical shortage of staff.

D. Accumulation.

  (1) Personal leave may not be accumulated.

  (2) Unused personal leave shall be forfeited at the end of each calendar year, or upon termination of employment with the State.

E. Transfer of Personal Leave.

  (1) 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.

  (2) 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.

F. Reinstatement.

  (1) 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.

  (2) 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.

  (3) 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.

G. Payment for Unused Personal Leave.

  (1) 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.

  (2) For an employee to have perfect attendance, the employee may not have:

    (a) Used earned or allotted sick leave, except for a death in the family;

    (b) Used work injury leave;

    (c) Been placed on disciplinary suspension or disciplinary loss of leave;

    (d) Been on leave without pay; or

    (e) Used annual or compensatory leave which was not requested and approved before the end of the employee's previous shift, unless the:

      (i) Leave was taken under officially declared liberal leave, or

      (ii) Employee reported to work and the leave was approved by the supervisor.

  (3) 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.

  (4) Payment under this section is subject to the budgetary constraints of the Department.

#### Regulation .05 Holiday Leave.

*COMAR 11.02.03.05*

A. Holiday leave is a form of allotted leave with pay.

B. Observed Holidays. The holidays observed by the Department are:

  (1) New Year's Day — January 1;

  (2) Dr. Martin Luther King, Jr.'s Birthday — January 15, unless the United States Congress designates another day;

  (3) Presidents' Day — third Monday in February;

  (4) Memorial Day — May 30, unless the United States Congress designates another day;

  (5) Juneteenth National Independence Day — June 19, unless the United States Congress designates another day;

  (6) Independence Day — July 4;

  (7) Labor Day — first Monday in September;

  (8) Columbus Day — October 12, unless the United States Congress designates another day;

  (9) Veterans' Day — November 11;

  (10) Thanksgiving Day — fourth Thursday in November;

  (11) Christmas Day — December 25.

C. In addition to the holidays identified in §B of this regulation, employees are authorized to use holiday leave for all days of general and congressional elections, but not primary elections, throughout the State, and each other day that the President of the United States or the Governor designates for the general cessation of business.

D. Part-time employees are allotted holiday leave computed on the basis of the funded percentage of their part-time positions.

E. Conditions Affecting the Allotment and Use of Holiday Leave.

  (1) Holidays Falling on a Weekend. If a holiday falls on a Saturday, the Friday immediately preceding is considered and treated as a holiday. If a holiday falls on a Sunday, the following Monday is considered and treated as a holiday.

  (2) Requirements for Essential Services. In units providing 7-day-a-week service, holidays shall be scheduled by the appointing authority or the appointing authority's designee.

  (3) Working on Holidays. An employee who is required to work on a scheduled holiday, as set forth in §B of this regulation, shall be compensated either by cash overtime or compensatory leave, depending upon the employee's eligibility as determined by the Secretary or the Secretary's designee in accordance with standards established by the Fair Labor Standards Act.

  (4) Employees on Advanced and Extended Sick Leave.

    (a) Employees on advanced sick leave shall be allotted holiday leave.

    (b) Employees on extended sick leave shall not be allotted holiday leave.

  (5) Work Status. To be entitled to holiday leave, an employee shall be in a paid status on either the scheduled workday before or the scheduled workday after the holiday is observed.

#### Regulation .06 Compensatory Leave.

*COMAR 11.02.03.06*

A. Compensatory leave is a form of earned leave with pay.

B. Eligibility and Use of Compensatory Leave.

  (1) Employees designated by the Secretary or the Secretary's designee may earn compensatory leave which, with appropriate approval, may be used for any purpose.

  (2) Employees in the standard pay plan who are exempt under the Fair Labor Standards Act shall earn compensatory leave for any time worked in excess of the normal workday if the employee worked at least 1/2 hour in excess of the normal workday, including the first 1/2 hour.

  (3) At the discretion of the Secretary, employees eligible for cash overtime, and who have been designated by the Secretary or the Secretary's designee as eligible to elect to earn compensatory time, may choose to earn and use compensatory time in accordance with written criteria established by the Secretary and consistent with the Fair Labor Standards Act.

  (4) Employees who are included in the Department's executive salary plan at ES levels up through and including ES grade 5, or compensated at an equivalent flat rate, shall earn compensatory leave for any time worked in excess of the first hour beyond their normal workday, including the first hour.

  (5) Employees who are included in the Department's executive salary plan at the ES-6 level and above, or compensated at an equivalent flat rate, shall earn 1 compensatory leave day for working 5 or more hours on an observed holiday, and may not earn other compensatory leave.

  (6) The use of compensatory leave by AG employees shall be in accordance with policies set by the Attorney General.

C. Transferring Compensatory Leave. An employee who transfers from one administration to another within the Department may transfer any accumulated compensatory leave earnings.

D. Subject to Regulation .14 of this chapter, upon separation from the Department, an employee shall be paid for up to 25 percent of unused compensatory leave, and payment for unused compensatory leave may not exceed 5 days.

E. Compensatory leave not used is forfeited 1 year from the date earned.

F. An employee converting into the Transportation Service may transfer all accumulated compensatory leave. Transferred compensatory leave not used is forfeited 1 year from the original date earned.

G. The Secretary may, under extraordinary circumstances, compensate employees who lose compensatory leave. The Secretary shall establish written criteria and procedures for the payment of unused compensatory leave.

#### Regulation .07 Sick Leave.

*COMAR 11.02.03.07*

A. Types of Sick Leave.

  (1) Definition. “Occurrence” means each period of sick leave, regardless of duration, used for the reasons set forth in §B(2) of this regulation.

  (2) Sick leave is a form of earned leave with sick pay.

  (3) Advanced and extended sick leave are forms of allotted leave with sick pay.

  (4) Payment for sick leave, advanced sick leave, or extended sick leave taken for the employee's personal illness, injury, or medical disability constitutes a separate benefit on account of sickness, and is not a continuation of salary.

B. Eligibility.

  (1) Rate of Earning and Accumulation.

    (a) Upon employment, an employee shall earn 1.5 hours of sick leave for each 26 hours worked, and may accumulate up to 15 days of sick leave per calendar year.

    (b) Periods of paid leave, except for extended sick leave, advanced sick leave, donated leave, and leave bank leave, are to be included in hours worked for the purpose of calculating sick leave earnings.

  (2) Use. With appropriate notification, an employee may use accumulated sick leave for:

    (a) Injury, illness, or other medical disability;

    (b) A medical or dental appointment for the employee or immediate family member, that is, an employee's spouse, child, parent or a parent of an employee's spouse, others who took the place of parents, brothers and sisters of an employee or an employee's spouse, and other relatives living as members of the employee's household;

    (c) Medical care and treatment of an employee's immediate family; or

    (d) Any other use authorized by this regulation.

  (3) Care of Newborn or Adoptive Child.

    (a) An employee may use one occurrence of earned sick leave without the necessity for medical certification to care for the employee's newborn child or to care for a child placed with the employee for purposes of adoption.

    (b) The sick leave taken:

      (i) Shall be consecutive workdays;

      (ii) May be used only within 1 year from the date of the birth or placement for purposes of adoption of a child; and

      (iii) May not exceed 20 workdays.

    (c) Additional time needed to care for a child requiring more than the 20 days of care allowed by §B(3)(b)(iii) of this regulation may be requested under other leave provisions.

C. Limitation Applying to the Calculation of Sick Leave Earnings. Hours worked in excess of hours regularly scheduled in a normal workweek may not be applied in computing sick leave earnings.

D. There is no limitation on the amount of unused sick leave which an employee may carry forward from one calendar year to another.

E. Transferring Sick Leave. A Department employee converting into the Transportation Service, or an employee in State service who is hired into the Transportation Service from another State department or agency, shall transfer any advanced sick leave obligations, and may transfer any unused sick leave.

F. Restoration of Sick Leave.

  (1) Upon reinstatement within 2 years, a former Department employee is entitled to restoration of unused sick leave.

  (2) A previous State employee who is hired into the Transportation Service within 2 years from the date of separation from State service is entitled to restoration of unused sick leave.

G. Sick Leave Certificates.

  (1) Definition. In this section, “sick leave certificate” means a written certification from individuals specified in §G(6) of this regulation which verifies any illness of an employee or illness of a member of the employee's immediate family which necessitates the employee's absence from work for a specified period of time.

  (2) 5-Day Sick Leave Certificates.

    (a) An employee shall submit an original 5-day sick leave certificate signed as specified in §G(6) of this regulation for any illness requiring an absence from work for 5 or more consecutive workdays. The certificate shall specify the period covered by the illness and the prognosis regarding the employee's ability to return to work.

    (b) An employee shall submit an original 5-day sick leave certificate verifying the necessity for an absence of 5 or more consecutive workdays from work when the absence is required in connection with the care and treatment of an employee's immediate family member.

  (3) 1-Occurrence Sick Leave Certificates.

    (a) If an employee has been absent from work for 6 or more undocumented occurrences within a 12-month period for causes requiring the use of earned sick leave, the appointing authority or the appointing authority's designee may require an employee to submit a 1-occurrence sick leave certificate to verify any subsequent use of earned sick leave for 1 or more occurrences.

    (b) The requirement to submit a 1-occurrence sick leave certificate applies for a period of at least 6 months.

    (c) An employee shall be provided with a written notice stating the starting and ending dates for the period during which 1-occurrence sick leave certificates are required.

  (4) Other Sick Leave Certificate Submission Requirements. When an illness of 1 day or more occurs during a period of previously approved annual, personal, or compensatory leave, the use of sick leave to cover the period of illness may be authorized, if the employee presents a sick leave certificate.

  (5) Limitations on Requiring 1-Occurrence Sick Leave Certificates. Use of sick leave in connection with a medical appointment for an employee, a death in an employee's family, a birth of an employee's child, or an adoption may not be included as a sick leave occurrence for the purpose of establishing a 1-occurrence sick leave certificate requirement.

  (6) Sick Leave Certificate Authentication. Original sick leave certificates shall be signed or certified by one of the following or their designee:

    (a) Licensed physician;

    (b) Accredited Christian Science practitioner;

    (c) Physical therapist;

    (d) Clinical psychologist;

    (e) Dentist;

    (f) Oral surgeon;

    (g) Chiropractor;

    (h) Podiatrist;

    (i) Certified nurse practitioner;

    (j) Certified nurse midwife;

    (k) Licensed clinical social worker; or

    (l) Optometrist.

H. Advanced Sick Leave.

  (1) Advanced sick leave is a form of allotted leave with pay, and shall be repaid.

  (2) Eligibility.

    (a) An employee with a minimum of 1 year of continuous State service at the time of the request who has exhausted all accumulated annual, personal, sick, and compensatory leave available may request an allotment and use of up to 60 working days of advanced sick leave within a 24-month period for a serious health condition, as defined in COMAR 11.02.13.02B(14).

    (b) The initial 24-month period begins with the first allotment of advanced sick leave while employed in the Transportation Service.

    (c) An employee's total advanced sick leave debt may not exceed 60 days at any one time.

    (d) A minimum of 10 working days of advanced sick leave shall be granted to an employee.

    (e) An employee who will be unable to return to work at any time is no longer eligible for advanced sick leave.

    (f) An employee who has been advanced the maximum 60 days of advanced sick leave may not be allotted more until the 60 days has been repaid.

    (g) An employee may not be allotted an amount of advanced sick leave which would bring the employee's total time out to 1 year or more. For purposes of the 1-year maximum time out, an employee shall return to work for a continuous period of 160 hours, not counting holidays, leave, or scheduled time off.

  (3) An employee on advanced sick leave may not earn annual leave.

  (4) Before applying for advanced sick leave, an employee shall apply to the Employee-to-Employee Leave Donation Program and the State Employees' Leave Bank.

  (5) Advanced sick leave shall be counted against an employee's FMLA entitlement, as set forth in COMAR 11.02.13.

  (6) Personal Leave.

    (a) Personal leave shall be allotted to an employee on advanced sick leave, but may not be used by the employee.

    (b) Personal leave allotted during an employee's advanced sick leave shall be deducted from the employee's advanced sick leave debt.

  (7) Approval of a request for an allotment and use of advanced sick leave is at the discretion of the Secretary or the Secretary's designee. The Secretary or Secretary's designee may request the Department Medical Advisor to determine the medical necessity and duration of the advanced sick leave.

  (8) The Department Medical Advisor may require the employee to submit to a medical examination. Requests for advanced sick leave may not be granted if the employee refuses to submit to a medical examination.

  (9) Repayment.

    (a) Employee acceptance of an allotment of advanced sick leave constitutes an agreement to repay the Department for compensation received while using this leave, which remains binding even if the employee terminates employment with the Department.

    (b) Reimbursement to the Department shall be made at the minimum rate of 1/2 of the rate of sick leave and annual leave earned. In addition, the employee may apply credited annual leave, personal leave, sick leave, compensatory leave, or cash to the amount owed.

    (c) Leave earned or allotted during periods of advanced sick leave is to be deducted from the advanced sick leave debt of the employee.

    (d) Repayed advanced sick leave is not credited to the 60-day maximum entitlement.

  (10) Waiver of Repayment. Repayment is not required:

    (a) From an employee's estate; or

    (b) On separation from the Department for any part of an advanced sick leave debt that was incurred under the State Personal Management System before June 5, 1995.

I. Extended Sick Leave.

  (1) Extended sick leave is a form of allotted leave with pay.

  (2) Specific Illness.

    (a) At the discretion of the appointing authority or the appointing authority's designee, an employee with at least 5 years of service may be granted extended sick leave for a period of up to 90 days to bridge the time necessary to process an application for retirement necessitated by a medical disability.

    (b) The employee shall provide medical documentation that the previous earned sick leave used was for the illness or related conditions necessitating the request for extended sick leave.

  (3) In order to be eligible for extended sick leave, an employee shall exhaust all other leave, except advanced sick leave.

  (4) The employee shall file a written request to the appointing authority or the appointing authority's designee on a form prescribed by the Secretary.

  (5) All medical information shall be sent directly to the Department Medical Advisor by the employee's physician.

  (6) If requested by the appointing authority or the appointing authority's designee, the Department Medical Advisor shall determine the medical necessity and the duration of the extended sick leave, not to exceed the limits set forth in §I(2) of this regulation. In making this determination, the Department Medical Advisor may require the employee to submit to a medical examination.

  (7) Requests for extended sick leave may not be granted if the employee refuses to submit to a medical examination.

  (8) An employee on extended sick leave may not earn annual leave.

  (9) An employee on extended sick leave may not be allotted personal leave.

  (10) Before applying for extended sick leave, an employee shall apply to the Employee-to-Employee Leave Donation Program and the State Employees' Leave Bank, and any leave received under these programs shall be deducted from the 90-day maximum allowance of extended sick leave.

  (11) Extended sick leave shall be counted against an employee's FMLA entitlement, as set forth in COMAR 11.02.13.

  (12) An employee may not be allotted an amount of extended sick leave which would bring the employee's total time out to 1 year or more. For purposes of the 1-year maximum time out, an employee shall return to work for a continuous period of 160 hours, not counting holidays, leave, or scheduled time off.

  (13) An employee applying for extended sick leave under this section may not return to work and shall present evidence of application for retirement.

  (14) Review of Requests for Extended Sick Leave.

    (a) The appointing authority or the appointing authority's designee, or a board established by the Secretary, shall review all requests for extended sick leave.

    (b) Requests may be denied for medical reasons only upon the recommendation of the Department Medical Advisor.

    (c) Requests may also be denied for job performance-related reasons as documented by the appointing authority or the appointing authority's designee.

#### 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.

#### Regulation .09 Work Injury Leave.

*COMAR 11.02.03.09*

A. Definition.

  (1) In this regulation, “injury” means an accidental personal injury occurring during the performance of an employee's actual job duties.

  (2) “Injury” does not include occupational diseases.

B. Work injury leave with sick pay is leave that is allotted to an employee who, in the actual performance of the employee's job duties, sustains an injury which is determined to be compensable according to the Maryland Workers' Compensation Law, Labor and Employment Article, §§9-1019-1201, Annotated Code of Maryland.

C. The injured employee or someone on the employee's behalf shall provide notice of the injury to the employee's appointing authority or the appointing authority's designee immediately after the injury occurs.

D. Work injury leave with sick pay may be allotted only if the following conditions are met:

  (1) The injury occurred in the actual performance of the employee's job duties;

  (2) The injury is determined to be compensable under the Maryland Workers' Compensation Law, Labor and Employment Article, § 9-1019-1201, Annotated Code of Maryland;

  (3) A physician verifies the employee's injury and inability to work; and

  (4) The Department Medical Advisor verifies the medical necessity and specifies the duration of the employee's absence from work.

E. Allotment. Starting with the first full workday, work injury leave with sick pay may be provisionally allotted pending a determination of compensability by the Workers' Compensation Commission or, in the absence of a Workers' Compensation Commission order, by the Injured Workers' Insurance Fund.

F. The injured employee's appointing authority or the appointing authority's designee shall file an Employer's First Report of Injury with the Injured Workers' Insurance Fund, the Workers' Compensation Commission, and the Division of Labor and Industry immediately after receipt of the notice of the injury as set forth in §C of this regulation.

G. If the Workers' Compensation Commission determines the injury to be noncompensable or, in the absence of a determination by the Workers' Compensation Commission, the Injured Workers' Insurance Fund determines the injury to be noncompensable, then work injury leave with sick pay provisionally allotted shall be rescinded and the employee's accumulated leave balance shall be adjusted to cover that period of time.

H. Rate of Payment.

  (1) Work injury leave with sick pay is paid at the rate of 66 2/3 percent of the employee's gross pay starting with the first full workday.

  (2) For work injuries occurring on or before June 30, 1994, that are compensable under this regulation, work injury leave with sick pay is paid at the rate of 70 percent of the employee's gross pay.

  (3) The rates set forth in §H(1) and (2) of this regulation may be adjusted to conform to any Internal Revenue Service rulings or judicial decisions.

  (4) Payment for work injury leave constitutes a separate benefit on account of an accidental personal injury occurring during the performance of an employee's actual job duties and is not a continuation of salary.

I. The Department's Medical Advisor is responsible for evaluating the employee's medical claim and making an initial determination as to approval within 10 workdays of the employee's injury. In making this evaluation, the Department Medical Advisor may require the employee to submit to a medical examination. The Department Medical Advisor shall file a report stating the findings and conclusions with the appointing authority or the appointing authority's designee and the Injured Workers' Insurance Fund.

J. Requests for work injury leave may not be granted if the employee refuses to submit to a medical examination.

K. The Injured Workers' Insurance Fund shall determine whether the claim is compensable under Maryland Workers' Compensation Law within 30 calendar days after the Injured Workers' Insurance Fund receives the employer's report of injury.

L. Acceptance of work injury leave constitutes an agreement to repay the Department for all work injury leave allotted if the injury is determined to be noncompensable as specified in §G of this regulation. This agreement remains in force upon separation from the Department.

M. Acceptance of work injury leave constitutes an agreement by the employee that the Department, after notice to the injured employee, has the exclusive right of subrogation to the rights of the injured employee against any third person who may have caused the compensable injury to the extent of the compensation paid or owed to the injured employee under this regulation.

N. Exhaustion of Work Injury Leave.

  (1) After work injury leave has been exhausted and an employee is receiving temporary total benefits, the employee may apply for a leave of absence—illness, as specified in Regulation .12D of this chapter.

  (2) During a period of leave of absence—illness granted under this section, the Department shall pay the employee's portion as well as the State's subsidy for health care coverage for the first 60 workdays and the State's subsidy only for up to a total of 2 years, including the original 60 workdays.

  (3) An employee on leave of absence—illness shall provide continuing medical documentation to the Department.

  (4) The Department may request a review of the employee's medical condition by the Medical Advisor.

  (5) An employee may not be eligible for health care coverage as provided in §N(1) of this regulation if the employee refuses to submit to a medical examination requested by the Medical Advisor.

O. An injured employee may be entitled to temporary total benefits for loss of wages according to the Workers' Compensation Law only after all available work injury leave has been used.

P. Medical and hospital expenses may be paid on behalf of an injured employee who is on work injury leave or leave with pay, according to the Workers' Compensation Law.

Q. Work injury leave may be used for continuing treatment for the injury for which the leave was granted, and may be used only for time taken within an employee's scheduled shift, including reasonable travel time.

R. Work injury leave terminates on a date specified by the Department's Medical Advisor. Work injury leave may not extend beyond 1 year from the date of injury.

#### Regulation .10 Administrative Leave.

*COMAR 11.02.03.10*

A. Administrative leave is a form of allotted leave with pay.

B. Allotment.

  (1) Administrative leave may be allotted according to §B(2)—(5) of this regulation.

  (2) Emergency Releases. Employees may be released from work without charge to earned leave when emergency conditions exist, as specified in COMAR 01.01.1981.10, which is incorporated by reference.

  (3) State Job Examination/Interview. Employees may be granted up to 4 hours of administrative leave with pay to take a State or Department job examination, or to go to a State or Department job interview. In cases requiring travel to and from outlying areas, exceptions to the 4-hour limit may be granted.

  (4) Question Concerning Fitness for Duty. An employee, with approval of supervisory personnel designated by the appointing authority or the appointing authority's designee, may be relieved of assigned duties, placed on leave status, and allotted administrative leave during:

    (a) An investigation of an incident involving work-related conduct; or

    (b) The period required to make a determination as to the employee's medical fitness for continued duty.

  (5) Activities of Employee Organizations.

    (a) An employee who is an authorized member, officer, or delegate to a State employees' organization may be granted administrative leave to attend official organization events.

    (b) The use of administrative leave in connection with the activities of employees' organizations shall be assessed and, when considered appropriate, approved by the appointing authority or the appointing authority's designee.

#### Regulation .11 Other Forms of Leave with Pay.

*COMAR 11.02.03.11*

A. When an employee has obtained appropriate supervisory approval and provided such documentation as may be required, leave with pay shall be authorized for the situations set forth in §§B—D of this regulation.

B. Obligated Military Service. An employee who is a member of the organized Militia or the Army, Navy, Air Force, Coast Guard, or Marine Reserves, is entitled annually to not more than 30 days of leave for military training.

C. Adjudicatory Proceedings. When an employee has been subpoenaed or summoned to appear in court in connection with a civil or criminal case, to appear in an administrative proceeding before an administrative body, called for jury duty, or for a deposition, and is not a party to the action being heard or a paid witness, the employee is entitled to leave with pay.

D. Parental Leave. An employee who is the primary caregiver responsible for the care and nurturing of the employee’s child may, upon request, be granted up to 60 days of paid parental leave within 6 months following the birth of a child or adoption of a child younger than 6 years old. The employee shall exhaust all annual and personal leave before the employee may request parental leave to attain a total of 60 days of paid leave after the birth or adoption of a child.

#### Regulation .12 Time Off for Religious Observances.

*COMAR 11.02.03.12*

A. An employee may use the following types of leave for religious observances:

  (1) Annual leave in accordance with Regulation .03 of this chapter;

  (2) Personal leave in accordance with Regulation .04 of this chapter; or

  (3) Compensatory leave in accordance with Regulation .06 of this chapter.

B. 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.

C. Earned Religious Observance Time.

  (1) 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.

  (2) 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.

  (3) An employee who is exempt from receiving overtime cash payments shall be granted equal hour-for-hour time off for religious observance.

  (4) 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.

  (5) 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.

#### Regulation .13 Leave of Absence.

*COMAR 11.02.03.13*

A. A leave of absence is an authorized period of nonemployment with the Department during which the employee may be reinstated and be eligible for certain leave and salary considerations in accordance with COMAR 11.02.05.

B. Eligibility. Employees who have satisfactorily completed an original probationary period, or employees who do not serve a probation but have completed 6 months of service with the Department, may be allotted a leave of absence when approved by an appointing authority or the appointing authority's designee.

C. Limitations on the Length of Leaves of Absence. Except as provided in §F of this regulation, an employee may apply for a leave of absence without pay for a period of up to 2 years.

D. Leave of Absence—Illness.

  (1) The appointing authority or the appointing authority's designee may approve a medically substantiated request for a leave of absence for temporary incapacitation due to physical or mental illness.

  (2) The employee shall submit with the request for a leave of absence—illness, a verification of the illness or injury signed or certified by one of the health care providers specified in Regulation .07G(6) of this chapter.

  (3) The employee's request may be referred to the Department's Medical Advisor for review and input.

  (4) Continuation of Health Care Coverage.

    (a) For the first 60 workdays of the leave of absence, an employee may request the Department to continue the employee's health care coverage.

    (b) The Department shall pay the employee's portion as well as the State's subsidy.

    (c) Acceptance of this continuation of health care coverage constitutes an agreement by the employee to repay the Department for the cost incurred.

    (d) This agreement remains binding even if the employee terminates employment with the Department.

  (5) Within the first 6 months of the leave of absence for illness, an individual shall be reinstated in the agency and in the classification the individual held at the time the leave of absence was granted.

E. Leave of Absence—Personal. A personal leave of absence may be approved for any reason acceptable to an appointing authority or the appointing authority's designee.

F. Leave of Absence—Military.

  (1) An appointing authority or the appointing authority's designee shall approve a request for a leave of absence for military service.

  (2) The duration of a military leave of absence is for the period of time an employee is on an original tour of duty, or on active duty.

G. Leave of Absence—Education.

  (1) An employee who has been accepted as a full-time student at an accredited educational institution may apply for an education leave of absence.

  (2) The appointing authority or the appointing authority's designee may deny the request for an education leave of absence if it is not in the best interest of the Department.

#### Regulation .14 Law Enforcement and Fire Protection Employees.

*COMAR 11.02.03.14*

The Secretary may establish procedures for conversion of leave earning rates and leave accumulation for law enforcement and fire protection employees.

#### Regulation .15 Calculation and Payment of Overtime.

*COMAR 11.02.03.15*

The Secretary shall establish procedures governing the calculation and payment of overtime consistent with the Fair Labor Standards Act.

#### Regulation .16 Leave Donation Program and Leave Bank.

*COMAR 11.02.03.16*

In accordance with State Personnel and Pensions Article, §§9-601—9-607, Annotated Code of Maryland, and COMAR 17.04.11.22 and 23, employees may participate in the Employee-to-Employee Leave Donation Program and the State Employees' Leave Bank.

#### Regulation .17 Maryland Transit Administration Employee Leave Protections.

*COMAR 11.02.03.17*

Notwithstanding these regulations, employees who are protected under the provisions of Transportation Article, §7-605, Annotated Code of Maryland, shall be allowed to continue earning leave benefits in a manner consistent with that statute.

#### Regulation .18 Family Medical Leave.

*COMAR 11.02.03.18*

Regulations implementing the federal Family and Medical Leave Act of 1993 are contained in COMAR 11.02.13.

#### Regulation .19 Organ Donation Leave.

*COMAR 11.02.03.19*

A. This regulation applies to all employees, including contractual, emergency, and temporary employees.

B. Amount of Leave. In any 12-month period, an employee may use up to:

  (1) 7 days of organ donation leave to serve as a bone marrow donor; and

  (2) 30 days of organ donation leave to serve as an organ donor.

C. Application for Leave.

  (1) An employee or the employee's authorized representative may request organ donation leave by submitting a form, provided by the Secretary, to the employee's appointing authority.

  (2) A request shall be accompanied by the medical documentation required by the form.

  (3) The employee's appointing authority shall render a decision on requests for organ donation leave within 5 working days of receiving the request.

  (4) If an employee must make the donation before receiving approval, the leave shall be provided retroactively upon approval.

D. Criteria for Reviewing Requests for Leave.

  (1) An employee shall be denied the use of organ donation leave only if the employee fails to provide medical documentation establishing the employee as an organ or bone marrow donor.

  (2) If there is a question about medical documentation, the documentation shall be immediately forwarded to the State Medical Director for review.

E. Use of Leave.

  (1) Organ donation leave may only be used for the actual donation procedure, the preparation for the donation procedure, and recovery from the donation procedure.

  (2) Leave may be used in increments of 1 hour or more.

F. Treatment of Medical Documentation.

  (1) Medical documentation submitted with the request for organ donation leave shall be treated as confidential medical information and shall be disclosed only to those individuals who need to know its contents as part of the review, evaluation, and approval process.

  (2) An employee who fails to maintain the confidentiality of medical information is subject to disciplinary action, up to and including termination.

#### 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.