Scope. This regulation applies to all employees, including temporary employees, of the Executive Branch of State government, including any unit with an independent personnel system. Definitions. In this regulation, the following terms have the meanings indicated. Defined Terms. “Active duty” has the meaning stated in State Government Article, §9-901, Annotated Code of Maryland. “Application year” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland. “Authorized representative” means a person designated by a party to represent the party during the Department’s dispute resolution process. “Complete application” means an application submitted by an employee with all required supporting documentation. “Department” means the Department of Budget and Management. “Deployment” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland. “Family member” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland. “Next of kin” has the meaning stated in 29 CFR §825.102. “Paid Family Medical Leave (PFML)” means leave from work taken under State Personnel and Pensions Article, §9-1004(a)(1), Annotated Code of Maryland, that is paid at the employee’s regular rate of pay. “Qualifying exigency” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland. “Qualifying purpose” means the purposes set forth in State Personnel and Pensions Article, §9-1004(a)(1), Annotated Code of Maryland. “Serious health condition” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland. “Service member” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland. “Treatment” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland. “Good cause” means a demonstration by an employee that a failure to timely file a PFML application, revision, reconsideration request, or appeal was due to: A serious health condition that resulted in an unanticipated and prolonged period of incapacity and that prevented the employee from filing in a timely manner; A demonstrated inability to reasonably access a means to file in a timely manner, such as due to a natural disaster or power outage; or A demonstrated failure of the appointing authority or Department to provide notice of dispute resolution procedures after the issuance of an adverse determination. Notice to Employees. The Department shall comply with the requirements as set forth in Labor and Employment Article, §8.3-801(a), Annotated Code of Maryland. Eligibility. An employee is eligible for PFML in accordance with State Personnel and Pensions Article, §9-1002, Annotated Code of Maryland. Job Protection and Retaliation. Agencies shall comply with the requirements as set forth in Labor and Employment Article, §§8.3-706 and 904, Annotated Code of Maryland. Amount of Leave. Except as otherwise provided in this section, an employee shall not receive more than 12 weeks of PFML in an application year. The employee may only receive payment for up to 480 hours at the employee’s regular rate of pay. 480 hours is the maximum amount of paid PFML regardless of whether the employee uses PFML for a continuous period of time, intermittently, or combination. If a State employee holiday is observed during the employee's continuous period of PFML, the State employee holiday will be counted toward the employee's total amount of PFML. An employee may receive an additional 12 weeks of PFML as provided in State Personnel and Pensions Article, §9-1005(a)(2), Annotated Code of Maryland. The employee may only receive payment for up to 480 hours at the employee’s regular rate of pay. 480 hours is the maximum amount of paid PFML regardless of whether the employee uses PFML for a continuous period of time, intermittently, or combination. If a State employee holiday is observed during the employee's continuous period of PFML, the State employee holiday will be counted toward the employee's total amount of PFML. Use of Leave. An employee may request PFML only for the purposes set forth in State Personnel and Pensions Article, §9-1004(a)(1), Annotated Code of Maryland. An employee may request PFML for only one qualifying purpose at a time. Leave taken under this subtitle shall run concurrently with eligible leave under the Federal Family and Medical Leave Act (FMLA). If PFML is to be taken on an intermittent schedule, the employee shall: Request intermittent leave in increments of 4 hours or more; Make a reasonable effort to schedule the intermittent leave in a manner that does not cause significant difficulty or expense in relation to the resources and specific operations of the agency’s operations; and Provide the agency with reasonable and practicable prior notice of the reason, dates, and duration for which intermittent leave is necessary. An employee who requires leave for a qualifying purpose while a request for PFML is pending may use accrued annual, compensatory, sick, or personnel leave, or request unpaid leave if the employee has no accrued leave. An employee who uses accrued leave for a qualifying purpose while a request for PFML is pending will receive reimbursement of the used leave retroactive to the approved start date of PFML if the employee’s request for PFML is approved. An employee who is on unpaid leave while a request for PFML is pending will receive PFML retroactive to the approved start date of the PFML. Overpayment. If the employee receives an overpayment of PFML, the employee shall reimburse the employee’s agency in the amount of the overpayment. If the employee fails to reimburse the employee’s agency for the amount of the overpayment, the agency shall take collection action set forth in COMAR 17.01.01. Application for Leave. An employee may request PFML by submitting an application, on a form prescribed by the Secretary, to the employee’s appointing authority or appointing authority designee. If the need for leave is not foreseeable, an application shall be submitted as soon as practicable, which may be up to 60 days before the anticipated start date of the leave, but not later than 60 days after the start date of the leave, unless good cause can be shown. If the need for leave is foreseeable, an appointing authority may require an employee to provide the appointing authority with written notice of the employee’s intention to take leave at least 30 days before the start date of leave. The employee’s appointing authority or appointing authority designee may submit an application on behalf of an employee if extenuating circumstances prevent the employee from submitting an application. A request for PFML shall be accompanied by the documentation required by the application and as specified in §H of this regulation. The employee’s appointing authority or appointing authority designee shall render a decision on a request for PFML within 5 working days after receiving a complete application. Incomplete Applications. An appointing authority or appointing authority designee shall not render a decision on an incomplete application. An incomplete application will be returned to the employee. The requirement to render a decision within 5 working days as specified in §(F)(3) of this regulation does not apply to an incomplete application. Updating an Application. An employee shall update an application within 10 days, or as soon as practicable with good cause shown, of any changes to the following information provided on an application: Reason for leave; Start date of leave; Duration of leave; End date of leave; or Whether the employee has begun to receive Workers’ Compensation. An employee’s failure to update a request for PFML with any changes to the information provided on an application may result in a denial of the employee’s application or result in the employee being responsible for any overpayment. Criteria for Reviewing Requests for Paid Family Medical Leave. An appointing authority may approve a request for PFML if the employee has submitted a complete application, with the required documentation; and Has not already exceeded the 12-week leave period; or Is qualified for an additional 12-week leave period set forth in State Personnel and Pensions Article, §9-1005(2), Annotated Code of Maryland. A denial of an employee’s application for PFML by the appointing authority or the appointing authority designee shall include the reason for the denial in writing and the notice of dispute resolution procedures. Documentation. An employee shall submit required documentation with the employee’s application for PFML to the employee’s appointing authority or appointing authority designee. An appointing authority or the Department may require employees to attest that information provided in their applications is true to the best of their knowledge. Documentation submitted with an application for PFML shall be treated as confidential. Documentation shall be disclosed only to those individuals who need to know its contents as part of the review, evaluation, approval, reconsideration, or appeal process. An employee who fails to maintain the confidentiality of documentation is subject to disciplinary action, up to and including termination. An employee requesting PFML to care for or bond with a child of the employee shall provide: The first date on which the employee took or intends to take PFML and whether the leave will, or is intended to be, taken for a continuous period of time or intermittently; and Documentation of the birth or placement of the child with one of the following: A certification of live birth; Documentation of placement from a licensed child placement agency or government agency responsible for child placement, and documentation of any court appearances, appointments, or travel in anticipation of placement, if applicable, including a court order or an affidavit of an informal kinship care arrangement; or Other reasonable documentation determined by the Department. An employee requesting PFML to care for a family member with a serious health condition, shall include a statement of the employee’s relationship to the family member and a complete certification form, provided by the Department, from a licensed health care provider, establishing: The first date on which the employee intends to take or took PFML and whether the leave will, or is intended to be, taken for a continuous period of time or intermittently; Date of diagnosis; The date on which the serious health condition of the family member commenced; The probable duration of the serious health condition; The appropriate facts related to the serious health condition within the knowledge of the licensed health care provider; A statement that the employee needs to care for a family member and an estimate of the amount of time required to provide the care; and If intermittent PFML leave is requested, the expected frequency and duration of the intermittent PFML. An employee requesting PFML for the employee’s own serious health condition, shall include a complete certification form, provided by the Department, from a licensed health care provider, establishing: The first date on which the employee intends to take or took PFML and whether the PFML will, or is intended to be, taken for a continuous period of time or intermittently; The date on which the serious health condition of the employee commenced; Treatment dates; Period of incapacity; The probable duration of the serious health condition; The appropriate facts related to the serious health condition within the knowledge of the licensed health care provider; A statement that the employee is unable to perform the functions of the employee’s position; and If intermittent PFML is requested, the expected frequency and duration of the intermittent PFML. An application for PFML for a service member with a serious health condition for whom the employee is next of kin, shall include a statement of the employee’s next of kin relationship to the service member and a complete certification form, provided by the Department, from a licensed health care provider, establishing: That the serious health condition was caused, or exacerbated by, military service; The first date on which the employee took or intends to take PFML and whether the leave will, or is intended to be, taken for a continuous period of time or intermittently; The date on which the serious health condition of the service member commenced or was exacerbated; The probable duration of the serious health condition; The appropriate facts related to the serious health condition within the knowledge of the licensed health care provider; and If intermittent PFML is requested, a statement that the employee needs to care for a service member and the expected frequency and duration of the intermittent PFML. An application for PFML for a qualifying exigency arising out of the deployment of a service member who is a family member of the employee shall include: A copy of the family member’s active duty orders or other documentation issued by the military that indicates that the service member is on active duty or called to active duty, and the dates of the service member’s active duty status; The first date on which the employee took or intends to take PFML and whether the leave will, or is intended to be, taken for a continuous period of time or intermittently; and A statement of the employee’s family member relationship to the service member. Reconsideration. An employee or authorized representative may request reconsideration of an appointing authority or appointing authority designee’s denial of PFML. A reconsideration request shall be in writing to the Department’s Office of Personnel Services and Benefits on a form prescribed by the Secretary. A reconsideration request shall state the reasons the employee believes the initial denial should be overruled and may include supporting documentation. A reconsideration request shall be filed within 30 days after the employee receives a denial from the appointing authority or appointing authority designee unless good cause can be shown. A decision on the reconsideration request shall be issued in writing by the Department within 10 working days and include the notice of dispute resolution procedures. An employee who requires leave for a qualifying purpose while a reconsideration request for PFML is pending may use accrued annual, compensatory, sick, or personnel leave, or request unpaid leave if the employee has no accrued leave. An employee who uses accrued leave for a qualifying purpose while a reconsideration request for PFML is pending will receive reimbursement of the used leave retroactive to the approved start date of PFML if the employee’s request for PFML is approved. An employee who is on unpaid leave while a reconsideration request for PFML is pending will receive PFML retroactive to the approved start date of PFML. Appeals. If the denial of PFML is upheld after reconsideration, an employee or authorized representative may appeal the denial of PFML to the Department’s Chief Human Resources Officer or designee. The appeals process is available only to employees who have completed the reconsideration process as described in §K of this regulation. An appeal shall be in writing to the Department’s Chief Human Resources Officer or designee on a form prescribed by the Secretary. An appeal shall state the reasons the employee believes the reconsideration decision should be overruled and may include supporting documentation. An appeal shall be filed within 30 days after the employee receives a reconsideration decision from the Department’s Office of Personnel Services and Benefits unless the employee can show good cause. When an appeal is filed with the Department’s Chief Human Resources Officer or designee, the Department will send a notice of filing to the employee’s appointing authority or the appointing authority designee. An appeal decision shall be issued in writing to the employee and the employee’s appointing authority or appointing authority designee within 30 working days after the Department's receipt of the appeal. The decision by the Department’s Chief Human Resources shall be the final administrative decision and is not subject to further appeal. An employee who requires leave for a qualifying purpose while an appeal for PFML is pending may use accrued annual, compensatory, sick, or personnel leave, or request unpaid leave if the employee has no accrued leave. An employee who uses accrued leave for a qualifying purpose while an appeal for PFML is pending will receive reimbursement of the used leave retroactive to the approved start date of PFML if the employee’s request for PFML is approved. An employee who is on unpaid leave while an appeal for PFML is pending will receive PFML retroactive to the approved start date of PFML. Record Keeping and Audit. Each agency shall: Maintain for a minimum of 5 years the following documentation: Applications for leave; Approval of PFML, including dates; and Denials of PFML. Submit to the Secretary or designee, on or before October 15 of each year, a report providing the following information for the preceding fiscal year: Number of employees who requested PFML; Number of employees approved for PFML; Number of employees denied for PFML; and Estimated cost to the agency in wages, overtime, and lost productivity. The Department shall maintain for a minimum of 5 years the following documentation: Requests for reconsideration; Outcomes of reconsideration requests; Appeals; and Outcomes of appeals. The program shall be audited at the discretion of the Secretary.