<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".12" citation="COMAR 14.27.02.12" title_num="14" subtitle_num="27" chapter_num="02" heading="Sick Leave.">
  <paragraph num="A.">
    <text>Amount of Leave Earned.</text>
    <paragraph num="(1)">
      <text>Starting with the first month of service an employee shall earn 1 hour of sick leave for every 37.14 hours worked. An employee may not earn more than 7 days of sick leave in a calendar year.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An employee may not earn sick leave upon hours worked in excess of the employee's standard workweek.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Under this regulation the amount of hours an employee has worked shall include any hours the employee is on paid leave.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The Director, with the approval of the Board, may establish an incentive program for employees. The incentive program may include provisions for the Service to reimburse an employee for unused sick leave if the employee's accumulated sick leave is reduced by an amount equal to the reimbursement.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Advanced Sick Leave.</text>
    <paragraph num="(1)">
      <text>The Service may advance up to 15 days of sick leave to an employee in any calendar year for a serious disability, ailment, or illness if no other leave with pay is credited to the employee.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The use of advanced sick leave by an employee constitutes a debt for which payment is enforceable upon the employee's return to work, and continues to be enforceable on the employee's termination of employment with the Service.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An employee shall repay to the Service advanced sick leave:</text>
      <paragraph num="(a)">
        <text>In cash;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>By applying credited annual leave, personal leave, or sick leave of the employee to the amount of advanced leave owed; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>By reducing the amount of sick leave earned and credited to the employee.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Use of Sick Leave. An employee may use sick leave for the following purposes only:</text>
    <paragraph num="(1)">
      <text>Disability or illness of the employee;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A documented medical appointment for the employee;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Illness of a member of the employee's immediate family;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A medical appointment for a member of the employee's immediate family;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Bereavement leave as described in §I of this regulation; or</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Birth or adoption of employee’s child as describe in §J of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Sick leave may be accumulated without limitation. Unless otherwise provided by law, sick leave shall be forfeited upon termination of an employee's employment.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Attendance Control — Occurrences.</text>
    <paragraph num="(1)">
      <text>If an employee uses sick leave on 3 or more consecutive days, the employee shall submit to the Service an original health care provider's certificate which authenticates the period of illness and includes a prognosis regarding the employee's ability to return to work. The employee shall ensure that the certificate is signed personally by a licensed or certified medical provider or practitioner.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In order to prevent abuse of sick leave and to ensure medical attention for an employee, the Service may require an employee to submit a certificate which authenticates a period of illness of 1 day or more and which is signed in accordance with §F(1) of this regulation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>When an illness of 1 day or more occurs during a period of annual leave or personal leave, the Service shall grant sick leave for the period of illness if the employee submits a certificate to the Service which authenticates the period of illness and which is signed in accordance with §E(1) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Attendance Control — Medical Examinations.</text>
    <paragraph num="(1)">
      <text>If an employee is absent from employment due to medical reasons, the Director, or the Director's designee, may require the employee to be medically examined to determine if the employee has:</text>
      <paragraph num="(a)">
        <text>An illness which requires the employee to utilize an excessive amount of sick leave; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A disability which prevents the employee from the proper performance of the employee's duties.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A medical practitioner licensed by the State shall conduct the examination at the Service's expense.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>The Service shall provide unpaid leave in accordance with the Family and Medical Leave Act of 1993 and Regulation .16 of this chapter.</text>
  </paragraph>
  <paragraph num="I.">
    <text>Bereavement Leave.</text>
    <paragraph num="(1)">
      <text>Death of Immediate Family Member.</text>
      <paragraph num="(a)">
        <text>An employee may use up to 3 working days of sick leave in the event of the death of one of the following members of the employee's family:</text>
        <paragraph num="(i)">
          <text>Spouse;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Child or stepchild of the employee;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Parent of the employee or the employee's spouse or an individual who took the place of a parent;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Sibling of the employee or the employee's spouse;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Other relative living as a member of the employee's household.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>If travel requiring staying away from home overnight is involved, the employee may use up to 5 working days of sick leave.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Death of Other Family Members.</text>
      <paragraph num="(a)">
        <text>An employee may use 1 working day of sick leave in the event of the death of one of the following relatives of the employee:</text>
        <paragraph num="(i)">
          <text>Grandparent or grandchild of the employee or the employee's spouse;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Aunt or uncle of the employee or the employee's spouse;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Niece or nephew of the employee or the employee's spouse;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Brother-in-law or sister-in-law of the employee or the employee's spouse;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Son-in-law or daughter-in-law of the employee or the employee's spouse;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>The Director may authorize additional use of sick leave if travel away from home overnight is involved.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>Birth or Adoption of Employee’s Child. An employee who is primarily responsible for the care and nurturing of a child, with the approval of the Director or designee, may use accrued sick leave to care for the child during the period immediately following:</text>
    <paragraph num="(1)">
      <text>The birth of the employee’s child; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The placement of the child with the employee for adoption.</text>
    </paragraph>
  </paragraph>
</regulation>