<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".26" citation="COMAR 17.04.11.26" title_num="17" subtitle_num="04" chapter_num="11" heading="Attendance Improvement.">
  <paragraph num="A.">
    <text>The purposes for monitoring employee sick leave usage are to:</text>
    <paragraph num="(1)">
      <text>Prevent leave abuse;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Prevent excessive use by ensuring that an employee is attempting to minimize use of leave consistent with medical need;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Determine whether the employee's absence interferes with the employee's ability to perform the essential functions of the employee's position; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Implement the Family and Medical Leave Act's requirements.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>In the administration of an attendance control program, an appointing authority may not:</text>
    <paragraph num="(1)">
      <text>Consider absences taken by the employee which qualify under the Family and Medical Leave Act of 1993 as the basis for any employment action; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Differentiate between absences for the employee's illness and for the illness of a member of the employee's family.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Each appointing authority shall monitor absences taken by an employee for the illness/disability of the employee or members of the employee's immediate family for the purposes set forth in §A of this regulation. When warranted, the appointing authority shall take appropriate action against an employee whose abuse of sick leave or whose absence prevents the employee from performing the essential job functions of the position. Appropriate action may include counseling or discipline.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Each principal unit in the State Personnel Management System shall file with the Office of Personnel Services and Benefits, Department of Budget and Management, a copy of the attendance improvement plan before it is adopted by the principal unit.</text>
  </paragraph>
</regulation>