Chapter 11. Leave
Regulation .01 Scope.LinkCopy Citation
Except as otherwise provided by law, this chapter applies to all employees covered by State Personnel and Pensions Article, §9-101, Annotated Code of Maryland.
Regulation .02 Workweek, Overtime, and Compensatory Time.LinkCopy Citation
A.
Workweek.
(1)
The regular workweek consists of 40 hours in a 7-day period.
(2)
The regular pay period consists of two regular workweeks. The Comptroller of the Treasury establishes the starting date for the regular pay period, and may establish alternative pay periods as necessary to comply with federal or State law.
(3)
The part-time workweek consists of an average of at least 50 percent or more but less than 100 percent of the regular workweek.
(4)
The workweek begins on Wednesday and ends on the following Tuesday, both days inclusive. The appointing authority may designate a different 7-day period if the designated workweek is consistent with the federal Fair Labor Standards Act (FLSA), if applicable, and State Personnel and Pensions Article, Annotated Code of Maryland. An appointing authority shall report designations of a different workweek to the Office of Personnel Services and Benefits, Department of Budget and Management.
(5)
An appointing authority shall designate the workweek for all positions under the appointing authority's control. The designation of a workweek is effective until the appointing authority changes it.
(6)
An appointing authority may designate a regular workweek which consists of fewer than 5 days, which is known as a compressed workweek. A compressed workweek shall be consistent with the Fair Labor Standards Act (FLSA), if applicable. An appointing authority shall report compressed workweek designations to the Office of Personnel Services and Benefits, Department of Budget and Management.
(7)
Work in excess of an employee's regular workweek shall be compensated by overtime payments or compensatory time in accordance with State Personnel and Pensions Article, Title 8, Subtitle 3, Annotated Code of Maryland.
B.
Work Time.
(1)
Work time includes time during which an employee:
(a)
Is on duty, whether at the employee's principal job site or at a remote location as part of the State's telecommuting program;
(b)
Is on paid leave;
(c)
Participates in training activities as a job assignment;
(d)
Is on the employer's premises and is on call and waiting for work;
(e)
Is not on the employer's premises, but is on call and waiting for work, and the employee's personal activities are substantially restricted;
(f)
Is changing into and removing program-specified clothing and equipment necessary for the performance of the job;
(g)
Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift;
(h)
Travels to and from work after being recalled to work by the appointing authority or the appointing authority's designated representative after the employee has completed the standard workday;
(i)
Travels to and from work after being called to work by the appointing authority or the appointing authority's designated representative on the employee's scheduled day off if the employee works fewer than 8 hours as a result of being called on the employee's scheduled day off;
(j)
Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations under COMAR 23.02.01;
(k)
With prior supervisory approval, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal, in accordance with COMAR 17.04.07.07; or
(l)
With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland.
(2)
Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable.
(3)
With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. §201 et seq., an appointing authority may exclude meal periods and a maximum of 8 hours sleep from considerations as work time for employees who are on duty for more than 24 hours. If the employee's sleep is interrupted for the performance of work so that the employee is not able to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of sleep, up to a maximum of 8 hours, as work time.
C.
Authorization to Work Overtime.
(1)
An appointing authority or the appointing authority's designated representative may authorize an employee to work periods of time in excess of the employee's regular workweek, dependent upon workload demands, and shall assure that the authorization is in writing.
(2)
The appointing authority shall assure that the original written authorization to work overtime in accordance with §C(1) of this regulation is retained for auditing purposes.
D.
Compensatory Time—Exempt Employees.
(1)
Executive, administrative, and professional employees, as defined under the Fair Labor Standards Act (FLSA), whose classifications are not designated by the Secretary to receive overtime payments, are eligible to receive compensatory time under the provisions of State Personnel and Pensions Article, Annotated Code of Maryland.
(2)
Except as otherwise provided in State Personnel and Pensions Article, §8-309(b) and (c), Annotated Code of Maryland, an employee described in §D(1) of this regulation may be authorized to receive compensatory time only after the employee has worked at least 1/2 hour beyond the employee's regular work day. Total compensatory time earned includes the first 1/2 hour plus any time worked after the first 1/2 hour.
(3)
Except as otherwise provided in State Personnel and Pensions Article, §8-309(b) and (c), Annotated Code of Maryland, an employee may be authorized to receive compensatory time for time worked outside the employee's regular workweek, for example, Saturdays, Sundays, holidays, only after the employee has worked in excess of 1/2 hour on the day for which compensatory time is to be received. Total compensatory time earned includes the first 1/2 hour worked on that day plus any time worked after the first 1/2 hour on that day.
(4)
Compensatory time for employees in §D(1) of this regulation shall be forfeited if it is not used within 1 year of the date on which it was accrued.
(5)
The extent to which an employee may use compensatory time under §D(1), (2), and (3) of this regulation is subject to prior approval by the employee's supervisor.
E.
Compensatory Time—Nonexempt Employees.
(1)
The extent to which a Fair Labor Standards Act (FLSA) nonexempt employee may earn compensatory time is governed by State Personnel and Pensions Article, §8-307, Annotated Code of Maryland, and COMAR 17.04.02.08D.
(2)
A supervisor shall permit an employee to use compensatory time if the following conditions exist:
(a)
The employee gave the supervisor reasonable notice of the employee's intention to use compensatory time; and
(b)
The employee's use of compensatory time does not unduly disrupt the appointing authority's operations.
(3)
The employee's request shall be processed in a timely manner with reasonable notice to the employee if the employee's use of compensatory time would unduly disrupt the appointing authority's operations.
F.
The amendments to §D(2) and (3) of this regulation shall apply as of July 1, 1998.
Regulation .03 Leave — General Provisions.LinkCopy Citation
A.
A contractual employee who transfers to a budgeted position pursuant to State Personnel and Pensions Article, §13-302, Annotated Code of Maryland, shall be given credit for service in the contractual position.
B.
An individual appointed on an emergency basis pursuant to State Personnel and Pensions Article, §7-301, Annotated Code of Maryland, shall be given credit for the time served as an emergency appointee if there is no break in service between the time served as an emergency appointee and the individual's appointment to a budgeted position.
Regulation .04 Annual Leave.LinkCopy Citation
A.
General. When feasible, and in accordance with a unit's policies, each department head shall arrange the work of the agency so that an employee can use annual leave at the times requested by the employee.
B.
Rate of Earnings.
(1)
From the first through the sixth month of service, leave is not available for use or payment. Upon completion of the sixth month of service, an employee shall be credited with annual leave for the first 6 months on the basis of 1 hour of leave for each 26 hours of work.
(2)
From the beginning of the first year through the completion of the fifth year, an employee shall be credited with annual leave at the rate of 1 hour of leave for each 26 hours worked. An employee may not earn more than 80 hours of annual leave a year.
(3)
From the beginning of the sixth year of service through the completion of the tenth year, an employee shall be credited with annual leave at the rate of 1-1/2 hours of leave for each 26 hours worked. An employee may not earn more than 120 hours of annual leave a year.
(4)
From the beginning of the eleventh year of service through the completion of the twentieth year of service, an employee shall be credited with annual leave at the rate of 2 hours of leave for each 26 hours worked. An employee may not earn more than 160 hours of annual leave a year.
(5)
From the beginning of the twenty-first year of service and after that, an employee shall be credited with 2-1/2 hours of leave for each 26 hours worked. An employee may not earn more than 200 hours of annual leave a year.
(6)
If the designated workweek for an employee changes, the appointing authority, in accordance with guidelines, policies, or directives of the Secretary, shall credit the employee with annual leave equal to the number of hours the employee has earned at the time of the change.
(7)
For purposes of this section, paid leave is considered work time.
C.
Limitations Upon Earnings. Annual leave is not earned for hours worked in excess of the employee's regular workweek. The employee's workweek is determined by the employee's percentage of employment.
D.
Availability. Annual leave shall be available to an employee to the extent earned. An employee may use annual leave only with the prior approval of the employees' supervisor.
E.
Accumulation.
(1)
For an employee working a 40-hour workweek, annual leave may be accumulated to a maximum of 75 days or 600 hours and carried into a new calendar year.
(2)
For a part-time employee, annual leave may be accumulated to a maximum determined on the basis of the percentage of 600 hours of annual leave equal to the percentage of employment, and carried into a new calendar year.
F.
Forfeiture.
(1)
Accumulated and unused annual leave, in excess of the maximum amounts specified in §E(1) and (2) of this regulation, shall be forfeited in accordance with State Personnel and Pensions Article, §9-304, Annotated Code of Maryland. Annual leave forfeited under State Personnel and Pensions Article, §§9-304 and 9-306, Annotated Code of Maryland, is placed in the State Employees' Leave Bank, unless the employee objects.
(2)
In accordance with State Personnel and Pensions Article, §9-603(b), Annotated Code of Maryland, an employee shall become a member of the Leave Bank upon forfeiture of at least 8 hours of annual or personal leave under State Personnel and Pensions Article, §9-307 or 9-403, Annotated Code of Maryland.
(3)
Annual leave forfeited under State Personnel and Pensions Article, §11-104, Annotated Code of Maryland, shall be placed in the State Employees' Leave Bank. An employee who forfeits leave under State Personnel and Pensions Article, §11-104, Annotated Code of Maryland, does not become a member of the Leave Bank as a result of the forfeiture.
G.
Payment for unused annual leave shall be made in accordance with State Personnel and Pensions Article, Title 9, Subtitle 3, Annotated Code of Maryland.
H.
Rate of Earnings Upon Return to State Service.
(1)
An employee who returns to State service is only entitled to credit for previous service if the employee had satisfactory performance and at least 180 days of continuous State service in an allocated position.
(2)
An employee who returns to State service is entitled to credit for all prior State service in determining the rate at which the employee shall earn annual leave in accordance with §§B and H(1) of this regulation.
(3)
A former temporary employee who was separated or terminated and returns to State service is not entitled to credit for prior years of service.
Regulation .05 Sick Leave.LinkCopy Citation
A.
Rate of Earnings. An employee shall be credited with 1-1/2 hours of sick leave for each 26 hours worked for a maximum of 15 days, not to exceed 120 hours, of sick leave a year. Sick leave is not earned for hours worked in excess of an employee's regular workweek.
B.
If the designated workweek for an employee changes, the appointing authority shall credit the employee with sick leave equal to the number of hours that the employee had earned at the time of the change.
C.
Accumulation. Sick leave may be accumulated without limitation. Sick leave is available in accordance with State Personnel and Pensions Article, Title 9, Annotated Code of Maryland.
D.
Forfeiture. Sick leave that is forfeited as a result of separation from service is placed, unless the employee objects, in the State Employees' Leave Bank. This provision does not preclude an employee's use of unused sick leave toward credit for time in the pension system at the time of the employee's separation due to retirement.
E.
Use of Sick Leave. An employee may use sick leave only for the purposes set forth in State Personnel and Pensions Article, §9-501, Annotated Code of Maryland. An employee who wishes to use accrued sick leave to care for a newborn or newly adopted child shall be allowed to use up to 30 days of accrued sick leave to care for the child in accordance with State Personnel and Pensions Article, §9-505, Annotated Code of Maryland.
F.
Certification of Illness.
(1)
For an illness or disability of 5 or more consecutive work days, an employee shall submit an original certificate which authenticates the illness or disability in accordance with State Personnel and Pensions Article, §9-504, Annotated Code of Maryland. The certificate shall conform to requirements of the Secretary. This does not preclude an appointing authority from requiring a certificate for lesser periods.
(2)
If an illness or disability of 1 day or more occurs during a period of annual leave, the appointing authority shall grant sick leave for the period of illness or disability if the employee presents a certificate which authenticates the period of illness or disability and which is signed in accordance with State Personnel and Pensions Article, §9-504(b), Annotated Code of Maryland.
(3)
A certificate is not required when prohibited by the Family and Medical Leave Act (FMLA).
G.
If an illness or disability is caused by a third person, the State, after notice to the employee, shall be subrogated to the rights of the employee to the extent of any compensation paid or owed. If the employee fails to enforce a claim against the third person, the State may bring an action in its own name.
H.
After an employee has used sick leave on account of an employee's sickness or injury for 6 continuous months and the employee continues to use more sick leave immediately following that 6-month period, the sick leave shall be recorded as sick leave with sick pay, which is exempt by federal law from Social Security taxes, on all time-keeping records beginning on the first day of that month that follows the last day of the 6-month period. Sick leave taken for any purpose other than sickness or injury of the employee shall be recorded on all time-keeping records as sick leave only.
I.
Advanced Sick Leave.
(1)
Definition.
(a)
In this regulation, the following term has the meaning indicated.
(b)
Term Defined. “Advanced sick leave” means sick leave with pay that shall be repaid.
(2)
When the Secretary of Health and the Secretary have determined that there is a strong likelihood of a Statewide health emergency, the Secretary may, in the best interests of the public and State employees, implement an advanced sick leave policy to minimize exposure to health threats and the spread of disease.
(3)
State employees in the State Personnel Management System, except temporary employees, may request and be automatically approved for advanced sick leave if:
(a)
The Secretary has implemented an advanced sick leave policy;
(b)
The employee has a need to use sick leave in accordance with State Personnel and Pensions Article, §9-501(b)(1), (2), and (5), Annotated Code of Maryland;
(c)
The employee has exhausted all earned sick, annual, personal, and compensatory leave hours;
(d)
The employee agrees to repay the advanced sick leave at a rate of 50 percent of earned sick leave as it is earned upon the employee's return to work; and
(e)
The employee agrees that any outstanding leave amount due upon the employee's separation from State employment for any reason shall be considered a debt to the State.
(4)
At the discretion of the employee, an employee who returns to work may apply additional accrued annual or personal leave to the amount owed, or elect to pay in cash at a 100 percent repayment rate.
(5)
An employee who does not return to work after a period of advanced sick leave, or who separates from State service without fully repaying the debt, shall be referred to the Central Collection Unit in the Department of Budget and Management.
(6)
The Secretary shall discontinue the advanced sick leave policy when the Secretary and the Secretary of Health agree that the Statewide health emergency, or threat of one, has ended.
(7)
The appointing authority shall maintain records for each employee granted advanced sick leave, including the date of the request, total advanced sick leave received, and dates and amount of repayments.
Regulation .06 Death in Employee's Family.LinkCopy Citation
A.
A maximum of 5 working days, depending on need, may be charged to sick leave in the event of death of one of the following members of the immediate family:
(1)
Spouse;
(2)
Children, including foster and stepchildren;
(3)
Parents, stepparents or foster parents of the employee or spouse, or others who took the place of parents;
(4)
Legal guardians of the employee or spouse;
(5)
Brothers and sisters of the employee or spouse;
(6)
Grandparents or grandchildren of the employee or spouse; and
(7)
Other relatives living as a member of the employee's household.
B.
An employee may elect to receive up to 3 days of bereavement leave with pay, instead of using 3 of the 5 sick days that an employee is allowed to use upon the death of the following members of the employee's immediate family:
(1)
Spouse;
(2)
Children, including foster and stepchildren;
(3)
Parents, stepparents, or foster parents of the employee;
(4)
Brothers and sisters of the employee;
(5)
Grandparents and grandchildren of the employee.
C.
A maximum of 1 working day may be charged to sick leave in the event of the death of one of the following relatives:
(1)
Aunts and uncles of the employee or spouse;
(2)
Nephews and nieces of the employee or spouse;
(3)
Brothers-in-law and sisters-in-law of the employee or employee's spouse; and
(4)
Sons-in-law and daughters-in-law.
D.
If additional time is required by the employee, the supervisor shall make reasonable efforts to arrange the employee's work so that the employee may take other accrued leave for this purpose.
Regulation .07 Work-Related Accident Leave.LinkCopy Citation
A.
Eligibility for work-related accident leave is governed by State Personnel and Pensions Article, Title 9, Subtitle 7, Annotated Code of Maryland.
B.
Notice of Right to File Workers' Compensation Claim. Within 14 days of receiving notice that an employee has been disabled by a work-related injury, the appointing authority shall notify the employee, in writing, of the employee's right to file a claim with the Maryland Workers' Compensation Commission.
C.
Employee's Notice of Accident; Appointing Authorities Reports.
(1)
The employee, or an individual acting on the employee's behalf, shall provide oral or written notice of the accident to the employee's appointing authority immediately after the accident occurs.
(2)
The employee, or an individual acting on the employee's behalf, and the employee's supervisor, shall complete a report of injury, and provide this report and any available health care provider reports to the employee's appointing authority, within 3 working days after the accident occurs.
(3)
The employee's appointing authority shall file an employer's first report of injury with the Injured Workers' Insurance Fund immediately after receipt of the report of injury specified in §C(2) of this regulation.
D.
Employee's Claim; Medical Examinations. The Injured Workers' Insurance Fund or the employee's appointing authority, or both, may refer an employee to a health care provider for examination to determine the nature and extent of the injury, the employee's progress toward recovery, the length of time necessary for recovery, and an estimated date of return to work. An appointing authority who refers an employee to a health care provider shall file with the Injured Workers' Insurance Fund a report stating the circumstances of the referral and the health care provider's prognosis.
E.
Granting of Work-Related Accident Leave; Notification of Compensability or Noncompensability by Workers' Compensation Commission.
(1)
The appointing authority shall grant work-related accident leave to an employee in accordance with State Personnel and Pensions Article, §9-702, Annotated Code of Maryland.
(2)
If a Workers' Compensation Commission order determines that the injury is not compensable, the appointing authority shall correct the employee's leave record to reflect a conversion of the work-related accident leave which was granted in advance of the notification under §F(1) of this regulation, to leave with pay, or, if the employee does not have leave with pay, to leave of absence without pay.
(3)
The employee shall reimburse the State for any leave advanced under this section for an injury which is subsequently determined to be noncompensable.
(4)
If a compensable injury is caused by a third person, the State, after written notice to the injured employee, shall be subrogated to the rights of the employee to the extent of any compensation paid or owed. If the employee fails to enforce a claim against the third person, the State may bring an action in its own name, in accordance with State Personnel and Pensions Article, §9-705, Annotated Code of Maryland.
F.
Temporary Total Benefits; Medical and Hospital Expenses.
(1)
An injured employee may be entitled to temporary total benefits for loss of wages according to the Maryland Workers' Compensation Act only after all available work-related accident leave has been used.
(2)
Medical and hospital expenses may be paid on behalf of an injured employee in accordance with the Maryland Workers' Compensation Act.
G.
After an employee has used work-related accident leave for an injury for 6 continuous months and the employee continues to use work-related accident leave immediately following that 6-month period, the work-related accident leave shall be recorded as work-related accident leave with sick pay, which is exempt by federal law from Social Security taxes, on all time-keeping records beginning on the first day of that month that follows the last day of the 6-month period.
Regulation .08 Employee Holidays.LinkCopy Citation
A.
Employee holidays are specified in State Personnel and Pensions Article, §9-201, Annotated Code of Maryland. The appointing authority is a unit that provides a service continuously on a 7-day-a-week basis, may adopt alternate holiday scheduling that maintains the number of holidays allowed by State Personnel and Pensions Article, §9-201, Annotated Code of Maryland.
B.
Part-Time Employees. Only part-time employees as the term is defined in State Personnel and Pensions Article, §7-701, Annotated Code of Maryland, are entitled to prorated holiday leave based on the employee's percentage of employment. Employees who work less than 50 percent of a regular pay period are not entitled to holiday leave.
C.
Holiday Leave.
(1)
An employee who, because of the nature of the employee's duties, is required to work on any part of an employee holiday, shall receive compensatory time for that work.
(2)
An employee who is included in the executive pay plan at a pay grade of ES 6 or above may receive compensatory time for work on an employee holiday only if the employee works 5 or more hours on the holiday. The employee shall receive 1 day of compensatory time for each employee holiday on which the employee works 5 hours or more.
(3)
An exempt employee shall use any compensatory time accrued under §C(1) and (2) of this regulation within 1 year after having accrued that time, or the time is forfeited.
(4)
An employee who is on approved work-related accident leave during a period when an employee holiday occurs shall be paid the same rate as work-related accident leave when the holiday occurs.
(5)
If an employee holiday, as provided in State Personnel and Pensions Article, §9-201, Annotated Code of Maryland, falls during the employee's absence on paid sick leave, the employee shall be credited with the employee holiday.
(6)
As of July 1, 1998, nonuniformed employees of the Department of State Police who work on Thanksgiving, Christmas, or New Year's Day shall receive premium pay of time and one-half for each hour worked on these holidays in addition to compensatory time.
D.
Compressed Workweek. An employee who works a compressed workweek schedule shall receive holiday leave for an employee holiday in accordance with the compressed workweek policy of the unit which employs the employee. Each unit shall file with the Office of Personnel Services and Benefits, Department of Budget and Management, its policy for crediting holiday leave to employees on a compressed workweek schedule.
Regulation .09 Personal Leave.LinkCopy Citation
Personal leave is governed by State Personnel and Pensions Article, Title 9, Subtitle 4, Annotated Code of Maryland.
Regulation .10 Military Leave.LinkCopy Citation
An employee who is a member of a reserve unit of the armed forces, or in the organized militia, is entitled to leave with pay for military training for a period of not more than 15 days annually, without loss of pay or charge against leave.
Regulation .11 Disaster Service Leave.LinkCopy Citation
An employee, including a temporary employee, may be entitled to disaster service leave with pay as provided in State Personnel and Pensions Article, §9-1102, Annotated Code of Maryland.
Regulation .12 Jury Service Leave.LinkCopy Citation
An employee who serves as a member of a jury is entitled to leave with pay only when the employee's jury service occurs on the employee's scheduled workday. If, after reporting for jury duty, the employee is dismissed for the day, the employee shall return to work if time permits. An employee who is selected for jury service shall notify the appointing authority without delay. An appointing authority may request a court to excuse an employee when the public interest requires that the employee not be absent from work.
Regulation .13 Legal Actions Leave.LinkCopy Citation
Pursuant to State Personnel and Pensions Article, §9-1104, Annotated Code of Maryland, an employee who is summoned to appear in a court action, before a grand jury, before an administrative agency, or for a deposition, and is neither a party to the action nor a paid witness, may be absent from work without loss of pay or charge against any leave.
Regulation .14 Examinations and Interviews for State Positions.LinkCopy Citation
An employee is allowed up to 4 hours leave with pay to take examinations and attend interviews for State positions. The appointing authority may:
A.
Require prior approval of the interview or examination leave request;
B.
Require verification of the examination taken or interview attended; and
C.
Limit the number of interviews, and time allotted, when abuse is apparent.
Regulation .15 Positive Tuberculin Test.LinkCopy Citation
An employee is entitled to leave with pay following a positive tuberculin test in accordance with State Personnel and Pensions Article, §9-1103, Annotated Code of Maryland.
Regulation .16 Religious Observances.LinkCopy Citation
A.
An employee, including a temporary employee, may elect to work overtime to earn compensatory time for an absence for a religious observance, in accordance with State Personnel and Pensions Article, Title 9, Subtitle 8, Annotated Code of Maryland.
B.
If an employee is scheduled to work on a State holiday, the employee's appointing authority shall make reasonable accommodation to the employee's request to use leave for religious observance if accommodations can be made without serious interference with the efficiency of the unit or institution. If reasonable accommodations cannot be made, the appointing authority may deny the leave request.
C.
Earned Compensatory Time for Religious Observance.
(1)
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 a modification in a work schedule does not interfere with the efficient operation of an agency, the appointing authority shall permit an employee to work extra time to make up time lost if the employee elects to work the extra time to satisfy a religious observance. The extra time worked shall be granted as compensatory time off.
(2)
An employee who elects to perform compensatory work under this section shall receive religious observance leave in accordance with State Personnel and Pensions Article, §9-803, Annotated Code of Maryland.
D.
A unit may adopt written policies which provide for exceptions to this regulation in the interest of the efficient operation of the unit. Any policies shall be reported to the Office of Human Services, Department of Budget and Management, before they are implemented.
E.
This regulation does not apply to employees of a unit which must provide a service continuously on a 7-day-a-week basis.
Regulation .17 Administrative Leave.LinkCopy Citation
A.
An appointing authority may authorize paid administrative leave, not to exceed 10 work days, in order to remove an employee from the workplace when the employee:
(1)
May pose a threat to self, another individual, or State property;
(2)
May be incapable of properly performing the employee's duties because of extraordinary circumstances; or
(3)
Is under investigation for work-related conduct.
B.
Administrative leave as specified in §A of this regulation is not a disciplinary action.
C.
Administrative leave may be authorized for incentive awards in accordance with State Personnel and Pensions Article, Title 10, Subtitle 2, Annotated Code of Maryland.
D.
Administrative leave may be authorized by the Secretary for the release of State employees under emergency conditions.
E.
Administrative leave may be authorized by the Secretary for any other reasons which are consistently applied and which are not illegal or unconstitutional.
Regulation .18 Transfer of Leave Earnings.LinkCopy Citation
An employee who transfers to a position in any unit of State government, regardless of the personnel system governing the position, shall do so without loss of leave earned or credit for State employment in other units of State government. Fair Labor Standards Act (FLSA) exempt employees may transfer up to 10 days of compensatory time earned as overtime or for time worked. Fair Labor Standards Act (FLSA) nonexempt employees may transfer compensatory time regardless of the amount earned.
Regulation .19 Computation of Leave and Record Retention on Separation from Service.LinkCopy Citation
A.
Payment of annual leave upon separation from service shall be made in accordance with State Personnel and Pensions Article, §§9-305 and 9-306, Annotated Code of Maryland.
B.
Compensatory Time. In accordance with State Personnel and Pensions Article, §9-901, Annotated Code of Maryland, upon separation from State service, a Fair Labor Standards Act (FLSA) exempt full-time employee shall be compensated in cash for unused compensatory time for up to a maximum of 2 working days. Payment to a Fair Labor Standards Act (FLSA) exempt, part-time employee for unused compensatory time is prorated on the basis of 2 working days as determined by the percentage of employment. Upon separation from State service, a Fair Labor Standards Act (FLSA) nonexempt employee shall be compensated for accrued Fair Labor Standards Act (FLSA) compensatory time at a rate of compensation equal to the greater of:
(1)
The average regular rate received by the employee during the last 3 years of employment; or
(2)
The final regular rate received by the employee.
C.
When an employee separates from State service, the employee's last leave record shall be retained by the unit for a period of not less than 4 calendar years from the separation date. If an employee is reinstated in another unit, the new unit shall request the former unit to forward the employee's leave record.
D.
Severance Pay Guidelines. The Secretary may adopt guidelines governing severance pay.
E.
Once an employee has given notice of resignation, the employee may not use more than 10 days of annual leave, personal leave, or compensatory leave, or any combination of those types of leave, between the time notice is given and the effective date of resignation.
Regulation .20 Official Records and Reports.LinkCopy Citation
A.
Except for employees exempted by the Secretary in accordance with §B of this regulation, an appointing authority shall establish a positive time-keeping and leave record for each employee subject to State Personnel and Pensions Article, §9-101, Annotated Code of Maryland. Records shall include records related to overtime.
B.
Upon written recommendation from the head of a principal unit in a manner determined by the Secretary, the Secretary may exempt an employee from positive time keeping. An employee so exempted:
(1)
Shall retain leave accrued before exemption but may not accrue any additional leave; and
(2)
May not receive:
(a)
Leave at a later date for a period of exemption,
(b)
Payment for any leave unless earned before exemption, and
(c)
Credit towards retirement benefits for any unused sick leave, regardless of when earned.
C.
The employee and the employee's supervisor or supervisor's designee shall sign the employee's time record as an attestation to the record's accuracy and completeness.
D.
If an employee is on leave and unavailable to sign the time record, the supervisor or designee shall sign the time record.
E.
Upon the employee's return to work, the employee shall sign each time record that was submitted without the employee's signature.
F.
Each principal unit shall report to the Secretary, by February 1 of each year, leave used in the previous calendar year. The report shall be in a format determined by the Secretary.
Regulation .21 Release Time for Attendance at Employee Organization Events.LinkCopy Citation
A.
An employee organization authorized to collect dues by check-off may request that its member employees be released to attend employee organization events approved for this purpose by the Secretary.
B.
The total amount of release time for an organization event during a fiscal year:
(1)
For an organization that is an exclusive bargaining representative, shall be 1 day for every 15 employees who are on dues check-off as of July 1 of that fiscal year;
(2)
For an organization that is not an exclusive bargaining representative, may not exceed 1 day for every 20 employees who are on dues check-off as of July 1 of that fiscal year.
C.
Release time may not be used in increments of less than 1 hour.
D.
All requests for release time shall be made at least 30 days in advance of the event and shall include:
(1)
The names of employee members to be granted release time and the units of State government which employ them;
(2)
The purpose and a general description of the event;
(3)
The place and date of the event; and
(4)
Any other information that the Secretary may require.
E.
The Secretary shall review the request and, if appropriate, shall respond within 10 days of receiving the representative's request.
F.
If the Secretary approves a request, the Secretary shall notify the appointing authority of employee members for whom release time has been approved.
G.
The appointing authority may approve release time from normal duties if, in the discretion of the appointing authority, the employee's service can be spared without impairing the services of the unit. At any time before the approved date, an employee organization may request permission to substitute employee members for those previously granted release time. An employee organization may request permission to substitute new dates for previously approved dates of release time. The appointing authority may approve the substitutions if the substitutions do not impair the services of the unit.
H.
The employee organization shall submit to the Secretary a list of all employee members attending the event within 30 days after the event.
Regulation .22 State Employees' Leave Donation Program.LinkCopy Citation
A.
Definitions. In this regulation, the following terms have the meanings indicated:
(1)
“Catastrophic illness or injury” has the meaning stated in State Personnel and Pensions Article, §9-601(b), Annotated Code of Maryland.
(2)
“Immediate family” has the meaning stated in State Personnel and Pensions Article, §9-601(c), Annotated Code of Maryland.
(3)
“Program” means the Employee-to-Employee Leave Donation Program.
(4)
“Serious and prolonged medical condition” means a physical or mental impairment that substantially limits the ability of the individual to perform the essential functions of the individual's job, which cannot be accommodated through reasonable accommodation.
B.
Scope. This regulation applies to:
(1)
Employees, except temporary employees, in principal departments and other independent units in the State Personnel Management System; and
(2)
Employees in a principal unit in the executive, judicial, or legislative branches of State government with an independent personnel system that allows its employees to voluntarily participate in the Program.
C.
Leave Donations.
(1)
An employee may voluntarily donate the employee's unused annual, personal, or sick leave to another employee who has exhausted all available annual, personal, sick, and compensatory leave because of a:
(a)
Serious and prolonged medical condition of the employee that existed at the time of the donation; or
(b)
Catastrophic illness or injury to a member of the employee's immediate family for whom the employee is needed to provide direct care.
(2)
An employee may voluntarily donate any amount of unused annual or personal leave to an eligible employee.
(3)
An employee may voluntarily donate unused sick leave to an eligible employee, but only to the extent that the donating employee has a sick leave balance of at least 240 hours after the donation.
(4)
An employee who wishes to donate leave to another employee shall complete Part I of the MS 405 form, which shall be supplied to appointing authorities by the Secretary, and shall submit it to the donating employee's appointing authority. At the same time, the donating employee shall forward a copy of the MS 405 form to the employee to whom the leave is to be donated.
(5)
Within 7 days of receiving the MS 405 form, the donating employee's appointing authority shall review the donating employee's sick leave balance, and determine whether the condition specified in §C(3) of this regulation has been satisfied.
(6)
If the condition in §C(3) of this regulation has not been satisfied, the appointing authority shall notify the donating employee who shall be given an opportunity to donate fewer hours of sick leave, if the condition specified in §C(3) of this regulation can be satisfied.
(7)
Within 7 days after conducting any reviews required in §C(5) and (6) of this regulation, the donating employee's appointing authority shall forward a copy of the MS 405 form to the receiving employee's appointing authority.
(8)
Within 14 days of receiving the MS 405 form from the donating employee, the employee receiving the donation shall complete Part II of the MS 405 form and submit it to the receiving employee's appointing authority with all documentation required by the MS 405 form, unless satisfactory documentation already has been provided to the appointing authority.
(9)
Within 14 days of receiving the MS 405 form, the receiving employee's appointing authority shall determine if the receiving employee is eligible for receiving donated leave in accordance with the conditions specified in §§D and E of this regulation, and make appropriate adjustments to the leave balance of the employee receiving the donation if the employee is eligible.
(10)
If the receiving employee is determined to be ineligible to receive leave, the appointing authority shall deny the receiving employee the use of the donated leave. A determination denying the use of donated leave shall be made within 14 days of the receiving employee's appointing authority's receipt of a completed MS 405 form from the receiving employee. The determination shall:
(a)
Be in writing;
(b)
Include the appointing authority's reason for the denial and supporting documentation; and
(c)
State that the employee may appeal a denial to the Secretary.
(11)
The appointing authority of an employee who donates leave shall adjust the donating employee's leave balance before forwarding a copy of the MS 405 form to the receiving employee's appointing authority. If the receiving employee is denied the use of donated leave, the receiving employee's appointing authority shall notify the donating employee's appointing authority within 7 days of the denial, and the donating employee's appointing authority shall restore the leave balance of the donating employee within 14 days of notification from the receiving employee's appointing authority.
D.
Conditions for Receiving Leave Donations. An employee to whom leave is donated:
(1)
May not receive more than a combined total of 2,080 hours of donated leave from the State Employees' Leave Bank and from other employees during the employee's State service;
(2)
Shall only use the donated leave for:
(a)
An illness or disability of the employee due to the medical condition that existed at the time the leave was donated; or
(b)
A catastrophic illness or injury of a member of the employee's immediate family for whom the employee is needed to provide direct care;
(3)
May not use the donated leave for any continuous period that, when combined with all other forms of paid leave, exceeds 16 months; and
(4)
Shall comply with all requirements established by the employee's personnel system for the use of earned paid sick leave.
E.
Denials of Use of Donated Leave.
(1)
An employee shall be denied the use of donated leave if the employee:
(a)
Fails to provide medical documentation substantiating a serious and prolonged medical condition;
(b)
Has not exhausted all available annual, personal, sick, and compensatory leave;
(c)
Otherwise fails to qualify for use of earned paid sick leave under the requirements of the employee's personnel system;
(d)
Will not be returning to work; or
(e)
Has, through intimidation, threat, or coercion, interfered with or attempted to interfere with the right of another employee to contribute or not to contribute, receive, or use donated leave, promised to confer or conferred an appointment, promotion, compensation, or other benefit, or effected or threatened to effect a reprisal, including the deprivation of an appointment, promotion, compensation, or other benefit, in connection with the right of another employee to contribute, receive, use, or donate leave.
(2)
Approval of leave taken to care for a covered family member for a catastrophic illness or injury is discretionary, and denial may be based on any reason which is consistently applied and is not illegal or unconstitutional.
F.
Appeals.
(1)
An employee who appeals a denial of the use of donated leave shall submit a written appeal on the MS 406 form, which shall be supplied to appointing authorities by the Secretary, to the Secretary within 14 days of receiving notice of a denial. The employee shall provide a copy of the appeal to the appointing authority.
(2)
An appeal shall contain a statement of the reason the employee believes the denial should be overruled, and may include supporting documentation.
(3)
An employee's appointing authority has 14 days following receipt of a copy of the appeal within which to respond to the appeal.
(4)
Appeals of denial of the use of donated leave shall be determined on a case-by-case basis. In determining an appeal, the Secretary shall consider the employee's medical documentation and the factors specified in §§D and E of this regulation.
(5)
The Secretary's determination shall be in writing and shall be made within 30 days of receipt of the appeal and any necessary documentation. Whenever the Secretary finds it necessary to refer an employee's appeal to the State Medical Director, this period may be extended an additional 30 days.
G.
Treatment of Employee Medical Documentation.
(1)
Medical documentation submitted in connection with the Program 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.
H.
Coercion, Intimidation, and Threats Prohibited. Leave donations by an employee are strictly and completely voluntary. An employee who, through intimidation, threat, or coercion, interferes with or attempts to interfere with the right of another employee to contribute or not to contribute, receive, or use donated leave, promises to confer or confers an appointment, promotion, compensation, or other benefit, or effects or threatens to effect a reprisal, including the deprivation of an appointment, promotion, compensation, or other benefit, in connection with the right of another employee to contribute, receive, use, or donate leave, is subject to disciplinary action, up to and including termination.
I.
Record Keeping. Each principal department or other independent unit in the State Personnel Management System, and each principal department or other independent unit of State government with an independent personnel system that allows its employees to participate in the Program, shall:
(1)
Maintain a record of the employee leave donated; and
(2)
Submit to the Secretary, on or before October 15 of each year, a report providing the following information for the preceding fiscal year:
(a)
Number of employees who donated leave;
(b)
Kind of leave and number of hours donated by each employee;
(c)
Number of employees who received donated leave; and
(d)
Number of hours of donated leave received and used by each employee to whom leave was donated.
J.
Miscellaneous.
(1)
An employee who has applied for disability retirement may use donated leave if the employee:
(a)
Has a serious and prolonged medical condition;
(b)
Satisfies the conditions of §D of this regulation;
(c)
Is not disqualified by any of the factors set forth in §E(1)(a)—(c) or (e) of this regulation;
(d)
Provides satisfactory medical documentation; and
(e)
Provides a certificate of illness in accordance with State Personnel and Pensions Article, §9-504, Annotated Code of Maryland.
(2)
If an employee who receives donated leave does not use all of the leave received, the receiving employee’s appointing authority or designee shall report to the donating employee’s appointing authority or designee, within 7 days, the amount and type of the employee’s donated leave that was not used. The donating employee’s appointing authority or designee shall restore the unused leave hours to the donating employee within 14 days of notification from the receiving employee’s appointing authority or designee.
Regulation .23 State Employees' Leave Bank.LinkCopy Citation
A.
Definitions. In this regulation, the following terms have the meanings indicated:
(1)
“Bank” means the State Employees' Leave Bank.
(2)
“Open enrollment period” means the State's health insurance open enrollment period.
(3)
“Serious and prolonged medical condition” means a physical or mental impairment that substantially limits the ability of the individual to perform the essential functions of the individual's job, which cannot be accommodated through reasonable accommodation.
B.
Scope. This regulation applies to:
(1)
Employees, except temporary employees, in principal departments and other independent units in the State Personnel Management System; and
(2)
Employees in a principal unit in the executive, judicial, or legislative branches of State government with an independent personnel system that allows its employees to voluntarily participate in the Bank.
C.
Administration of the Bank.
(1)
The Secretary shall administer the Bank.
(2)
Leave donations to the Bank shall be made in accordance with the provisions of §D of this regulation.
(3)
Leave withdrawals shall be made in accordance with the provisions of §§F—H, J, and K of this regulation.
D.
Leave Donations.
(1)
An employee may donate 8 hours of personal leave to the State Employees' Leave Bank within the first 60 days of employment.
(2)
All other donations shall be made during the open enrollment period.
(3)
An employee may voluntarily donate the employee's unused annual, personal, or sick leave in increments of the employee's normal workday to the Bank.
(4)
An employee may voluntarily donate any number of workdays of unused annual or personal leave to the Bank.
(5)
An employee may voluntarily donate unused sick leave to the Bank, but only to the extent that the donating employee has a sick leave balance of at least 240 hours after the donation.
(6)
An employee who wishes to donate leave to the Bank shall complete the MS 401 form, which shall be supplied to appointing authorities by the Secretary, indicating the type of leave and the number of hours of each type of leave that the employee is donating to the Bank.
(7)
The employee shall submit a copy of the completed MS 401 form to the appointing authority for the donating employee's unit.
(8)
Within 7 days of receiving the MS 401 form, the appointing authority shall review the employee's sick leave record and determine whether the condition specified in §D(5) of this regulation has been satisfied. If §D(5) has been satisfied, the appointing authority shall forward the MS 401 form to the Secretary and make appropriate adjustments to the employee's leave balances.
(9)
If the condition specified in §D(5) of this regulation has not been satisfied, the appointing authority shall notify the donating employee who shall be given an opportunity to donate fewer hours of sick leave, if the condition specified in §D(5) of this regulation can be satisfied.
E.
Membership.
(1)
An employee is a member of the Bank in accordance with State Personnel and Pensions Article, §9-603, Annotated Code of Maryland.
(2)
Membership in the Bank is for 2 years, unless the leave in the Bank is exhausted, at which time all employees will be notified and given the option of rejoining by donating an additional day. In this event, employees who have already served the 90-day waiting period for eligibility will not be required to serve an additional waiting period.
F.
Eligibility for Withdrawals of Leave. The Secretary may transfer leave from the Bank to an employee who:
(1)
Has exhausted all forms of annual, sick, personal, and compensatory leave because of a serious and prolonged medical condition; and
(2)
Has been a member of the Bank for at least 90 days or has been exempted from the membership requirement by the Secretary for good cause.
G.
Restrictions.
(1)
An employee may not receive more than a combined total of 2,080 hours of leave from the Bank and from other employees during the employee's State service.
(2)
An employee may not use leave from the Bank for any continuous period that, when combined with all other forms of paid leave, exceeds 16 months.
H.
Applications.
(1)
If an employee wants to request leave from the Bank, the employee or the employee's authorized representative shall submit to the Secretary an MS 408 form, and shall submit a copy to the employee's appointing authority. The MS 408 form shall be supplied to appointing authorities by the Secretary, and shall be submitted to the Secretary as far in advance as possible. An employee shall make every effort to submit the request before the first day of leave requested. In extenuating circumstances, the Secretary shall accept late requests.
(2)
A request shall be accompanied by the medical documentation required by the MS 408 form and shall contain a certification by the employee's appointing authority that the employee's withdrawal of leave from the Bank does not violate any of the provisions of §§F and G of this regulation.
I.
Treatment of Medical Documentation.
(1)
Medical documentation submitted with the request for leave from the Bank 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.
J.
Criteria for Reviewing Requests for Leave.
(1)
Leave from the Bank shall be granted only to employees with serious and prolonged medical conditions who have provided satisfactory medical documentation.
(2)
Leave from the Bank shall be granted only to an employee who provides the certification of illness required by State Personnel and Pensions Article, §9-504, Annotated Code of Maryland.
(3)
Approval for an eligible employee is discretionary, and denial may be based on any reason which is consistently applied and that is not illegal or unconstitutional. In denying a request, the Secretary may consider the following factors:
(a)
A record of sick leave abuse by the employee;
(b)
Insufficient medical documentation of a serious and prolonged medical condition;
(c)
Unsatisfactory employee performance ratings;
(d)
The amount of leave previously received from the Bank;
(e)
Whether the employee qualifies for use of earned paid sick leave under the requirements of the employee's personnel system;
(f)
Whether the employee will return to work; and
(g)
Whether the employee has, through intimidation, threat, or coercion, interfered with or attempted to interfere with the right of another employee to contribute or not contribute, receive, or use donated leave, promised to confer or conferred an appointment, promotion, compensation, or other benefit, or effected or threatened to effect a reprisal, including the deprivation of an appointment, promotion, compensation, or other benefit in connection with the right of another employee to contribute, receive, use, or donate leave.
K.
Determinations by the Secretary.
(1)
Within 30 days of receiving the MS 408 form, the Secretary shall issue a written determination approving or denying the request. Whenever the Secretary finds it necessary to refer the request to the State Medical Director, this period may be extended an additional 30 days.
(2)
An employee's appointing authority may submit a recommendation that the Secretary grant or deny a request. A recommendation that the request be denied shall be accompanied by a statement of the reasons for the recommended denial and supporting documentation.
(3)
An employee whose request for leave is granted by the Secretary shall have the employee's leave balance adjusted within 14 days of the Secretary's determination.
(4)
If an employee runs out of leave before the Secretary makes a determination, the employee is automatically granted leave until the Secretary makes a determination.
(5)
If the application of an employee automatically granted leave is subsequently denied, any leave used is converted to leave without pay, and the employee shall reimburse the State at the minimum rate of 1/2 of the sick leave earned and, at the employee's discretion, by applying credited annual leave, personal leave, additional sick leave, compensatory leave, or cash payments.
L.
Reconsideration.
(1)
An employee whose request for leave from the Bank is denied by the Secretary may appeal the denial within 14 days of the denial by submitting the MS 406 form to the Secretary and requesting reconsideration.
(2)
The request for reconsideration shall state the reasons the employee believes the Secretary's denial should be reconsidered and may be accompanied by supporting documentation.
(3)
Within 14 days of receipt of the request for reconsideration, the Secretary shall issue a written decision granting or denying leave from the Bank. If the Secretary decides to grant leave from the Bank, a copy of the determination shall be forwarded to the requesting employee's appointing authority.
M.
Coercion, Intimidation, and Threats Prohibited. Leave donations to the Bank by an employee are strictly and completely voluntary. An employee who, through intimidation, threat, or coercion, interferes with or attempts to interfere with the right of another employee to contribute or not contribute, receive, or use donated leave, promises to confer or confers an appointment, promotion, compensation, or other benefit, or effects or threatens to effect a reprisal, including the deprivation of an appointment, promotion, compensation, or other benefit in connection with the right of another employee to contribute, receive, use, or donate leave is subject to disciplinary action, up to and including termination.
N.
Record Keeping. Each principal department or other independent unit in the State Personnel Management System, and each principal department or other independent unit of State government with an independent personnel system that allows its employees to participate in the State Employees' Leave Bank program, shall:
(1)
Maintain a record of the employee leave donated; and
(2)
Submit to the Secretary, on or before October 15 of each year, a report providing the following information for the preceding fiscal year:
(a)
Number of employees who donated leave,
(b)
Kind of leave and number of hours donated by each employee,
(c)
Number of employees who received donated leave from the Bank, and
(d)
Number of hours of donated leave received and used by each employee from the Bank.
O.
Miscellaneous.
(1)
An employee who has applied for disability retirement may receive leave from the Bank if the employee:
(a)
Has a serious and prolonged medical condition;
(b)
Satisfies the requirements of §F of this regulation;
(c)
Provides satisfactory medical documentation; and
(d)
Provides a certificate of illness in accordance with State Personnel and Pensions Article, §9-504, Annotated Code of Maryland.
(2)
If an employee who receives leave from the Bank does not use all of the leave received, the remaining hours of leave automatically revert to the Bank.
Regulation .24 Leave of Absence Without Pay.LinkCopy Citation
A.
An employee in the State Personnel Management System may apply for, and the appointing authority may grant, a leave of absence without pay:
(1)
For personal reasons for a period not to exceed 30 calendar days;
(2)
Under the Family and Medical Leave Act (FMLA) for the amount of time permitted by the FMLA; or
(3)
Up to a maximum of 6 months, for the employee's documented temporary personal illness or disability, when there is medical documentation that the employee can return to the employee's full range of duties within 6 months.
B.
If a request is approved as provided in §A of this regulation, the employee is not separated from the payroll.
C.
Except as provided in COMAR 17.04.04.05, if a leave of absence without pay is approved by an appointing authority for a period greater than the times indicated in §A of this regulation, it does not mean that the employee who is granted the leave shall, upon return, be restored to the position the employee vacated or any other position in State service.
D.
Leave of absence without pay for a period exceeding the time periods established in §A of this regulation shall require notification to the Secretary, and may be granted for a cause satisfactory to the appointing authority. In these situations, the employee shall be separated from the payroll.
E.
A leave of absence without pay may not exceed 2 years except for leave to enter the armed services. Leave to enter the armed services shall be for the period of time of the employee's initial tour of duty in the armed services.
F.
For the following conditions, the appointing authority shall automatically authorize leave of absence without pay, unless the employee wishes to resign:
(1)
An employee who is a member of the armed forces and is called to active service in the armed forces; or
(2)
An employee injured in the line of duty who, following a period of work-related accident leave, has exhausted all paid leave before the employee is able to return to active duty.
G.
Except for a leave of absence for military purposes, an employee granted leave of absence without pay for more than 30 calendar days, and who is ready to return to duty at or before the expiration of the leave, shall notify the appointing authority of the employee's readiness to return and may be restored to the employee's classification, if a vacancy exists in the department. If the employee is not restored to duty, the employee may request that the Secretary place the employee's name on the appropriate eligible list as a reinstatement candidate.
H.
An employee who does not notify the appointing authority in writing of the employee's desire to return to duty before expiration of a leave of absence without pay shall be considered resigned from State service.
I.
Family and Medical Leave. Family and medical leave may be used in accordance with the provisions of the Family and Medical Leave Act of 1993, the implementing federal regulations, and the regulations, policies, and guidelines promulgated by the Secretary.
J.
When an employee enters military training or service for a period of at least 16 days up to a maximum of 4 years, the employee may choose to bank the employee's annual leave earned up to the date of departure for military training or service or to be paid for that earned annual leave. However, after the completion of 4 years, the employee shall be paid for all accumulated annual leave earned up to the date of departure for military training or service whether or not the employee returns to State service.
Regulation .25 Organ Donation Leave.LinkCopy Citation
A.
Scope. This regulation applies to all employees, including temporary employees, of all units in the Executive, Judicial, and Legislative branches of State government, including any unit with an independent personnel system.
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 .26 Attendance Improvement.LinkCopy Citation
A.
The purposes for monitoring employee sick leave usage are to:
(1)
Prevent leave abuse;
(2)
Prevent excessive use by ensuring that an employee is attempting to minimize use of leave consistent with medical need;
(3)
Determine whether the employee's absence interferes with the employee's ability to perform the essential functions of the employee's position; and
(4)
Implement the Family and Medical Leave Act's requirements.
B.
In the administration of an attendance control program, an appointing authority may not:
(1)
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
(2)
Differentiate between absences for the employee's illness and for the illness of a member of the employee's family.
C.
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.
D.
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.
Regulation .27 Attendance Incentive Awards Program.LinkCopy Citation
The attendance awards program is governed by State Personnel and Pensions Article, Title 9, Subtitle 12, Annotated Code of Maryland.
Regulation .28 Annual Reporting Requirements.LinkCopy Citation
A.
By February 1, each unit subject to the State Personnel Management System shall submit an annual report to the Secretary which includes the following information from the preceding calendar year:
(1)
Total number of employees in the unit;
(2)
Aggregate amounts of annual, personal, and sick leave taken by the employees of the unit; and
(3)
Categories and amounts of other leave taken by employees of the unit.
B.
The annual report submitted by each unit shall be in a format required by the Secretary. The Department of Budget and Management shall maintain a central data base on the reports required in §A of this regulation.
Regulation .29 Parental Leave.LinkCopy Citation
A.
Scope. This regulation applies to all employees, excluding temporary employees, of the Executive Branch of State government, excluding any unit with an independent personnel system.
B.
Definitions.
(1)
In this regulation, the following terms have the meanings indicated.
(2)
Defined Terms.
(a)
“Parental leave” means paid leave granted to a primary caregiver to care for and nurture a child within 6 months following the birth of a child or the adoption of a child younger than 6 years old.
(b)
“Parental leave absence” means an approved absence of a primary caregiver for up to 60 days for the purpose of caring for and nurturing a child within 6 months following the birth of a child or adoption of a child younger than 6 years old.
(c)
“Primary caregiver” means an employee primarily responsible for the care and nurturing of the employee’s child who is 6 months old or younger or who is primarily responsible for the care and nurturing of the employee’s adopted child younger than 6 years old.
C.
Use of Leave.
(1)
An employee approved for a parental leave absence may use any combination of leave as permitted by State Personnel and Pensions Article, §9-1108, Annotated Code of Maryland, for the birth or adoption of a child.
(2)
An employee is required to use annual and personal leave for a parental leave absence if it is available.
(3)
If an employee exhausts annual and personal leave, the employer shall grant additional paid leave to attain the 60 days of parental leave permitted by law.
(4)
An employee who takes a parental leave absence shall use the parental leave within 6 months following the birth of the employee’s child or the adoption by the employee of a child younger than 6 years old.
D.
Administration of the Parental Leave Absence.
(1)
An employee may request a parental leave absence by submitting a form provided by the Secretary to the employee’s appointing authority or appointing authority designee.
(2)
A request shall be accompanied by the medical documentation required by the form.
(3)
The employee’s appointing authority or appointing authority designee shall render a decision on a request for a parental leave absence within 5 working days of receiving the request.
E.
Criteria for Reviewing Requests for Parental Leave Absence.
(1)
An appointing authority may grant a request for a parental leave absence if the employee:
(a)
Has submitted the proper form certifying that the employee is the primary caregiver for the child, along with the necessary medical documentation;
(b)
Has not already exceeded the 60-day parental leave absence period; and
(c)
The use of the leave occurs within 6 months following the birth of the employee’s child or adoption by the employee of a child younger than 6 years old.
(2)
In general, requests for parental leave may not be denied; however, the timing of use of parental leave is subject to the approval of the employee’s appointing authority.
(3)
State employees who jointly are responsible for the care and nurturing of a child each may be eligible to receive up to 60 days of parental leave, but they may not be determined to be the child’s primary caregiver during the same period of time.
F.
Administration of Parental Leave Absence. An employee who is approved for a parental leave absence is required to properly designate the period of absence using the leave codes provided for this purpose in the time-keeping system of record.
Regulation .30 Parental Bereavement Leave.LinkCopy Citation
A.
Scope. This regulation applies to all employees, including temporary employees, in the Executive, Judicial, and Legislative Branches of State government, including any unit with an independent personnel system.
B.
Definitions.
(1)
In this regulation, the following terms have the meanings indicated.
(2)
Terms Defined.
(a)
“Parental bereavement leave” means paid leave granted to an employee who experiences a stillbirth or death of an employee’s infant or child.
(b)
“Parental bereavement leave of absence” means an approved absence of an employee within 60 days after and for the purpose of grieving a stillbirth experienced by the employee, the death of the employee’s infant, or the death of the employee’s child.
(c)
“Child” means an adopted, biological, or foster child, a stepchild or a legal ward, who is at least 6 months old and under the age of 27 years.
(d)
“Infant” means an adopted, biological, or foster child, a stepchild, or a legal ward, who is under the age of 6 months.
(e)
“Stillbirth” means the death of a fetus after 20 weeks or more of pregnancy.
C.
Use of Leave.
(1)
An eligible employee using parental bereavement leave is paid up to a maximum of 8 hours per workday, up to a maximum of 40 hours per workweek.
(2)
An employee approved for parental bereavement leave may use up to 10 days (80 hours) of parental bereavement leave within 60 calendar days after the death of the employee’s child.
(3)
An employee approved for parental bereavement leave may use up to 60 days (480 hours) of parental bereavement leave within 60 calendar days after:
(a)
The employee experiences a stillbirth; or
(b)
The death of the employee’s infant.
(4)
An employee entitled to and eligible for parental bereavement leave may apply the leave consecutively or intermittently within the allowable timeframe and up to the stated maximum days/hours.
(5)
An employee entitled to and eligible for parental bereavement leave will not be required to use any of the employee’s accrued leave for this purpose.
D.
Administration of the Parental Bereavement Leave of Absence.
(1)
An employee may request a parental bereavement leave of absence by submitting a form provided by the Secretary to the employee’s appointing authority or appointing authority designee.
(2)
A request shall be accompanied by all documentation required by the form.
(3)
The employee’s appointing authority or appointing authority designee shall render a decision on a request for a parental bereavement leave of absence within 5 working days of receiving the request.
E.
Criteria for Reviewing Requests for Parental Bereavement Leave of Absence.
(1)
An appointing authority may grant a request for a parental bereavement leave absence if the employee:
(a)
Has submitted the proper form requesting the leave along with the required documentation;
(b)
Has not already exceeded the maximum amount of parental bereavement leave allowed; and
(c)
The use of the leave occurs within 60 calendar days after the death or stillbirth event.
(2)
In general, requests for parental bereavement leave may not be denied; however, the timing of use of parental bereavement leave is subject to the approval of the employee’s appointing authority.
F.
Administration of Parental Bereavement Leave of Absence. An employee who is approved for a parental bereavement leave of absence is required to properly designate the period of absence using the leave codes provided for this purpose in the time-keeping system of record.
Regulation .31 Paid Family Medical Leave.LinkCopy Citation
A.
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.
B.
Definitions.
(1)
In this regulation, the following terms have the meanings indicated.
(2)
Defined Terms.
(a)
“Active duty” has the meaning stated in State Government Article, §9-901, Annotated Code of Maryland.
(b)
“Application year” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland.
(c)
“Authorized representative” means a person designated by a party to represent the party during the Department’s dispute resolution process.
(d)
“Complete application” means an application submitted by an employee with all required supporting documentation.
(e)
“Department” means the Department of Budget and Management.
(f)
“Deployment” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland.
(g)
“Family member” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland.
(h)
“Next of kin” has the meaning stated in 29 CFR §825.102.
(i)
“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.
(j)
“Qualifying exigency” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland.
(k)
“Qualifying purpose” means the purposes set forth in State Personnel and Pensions Article, §9-1004(a)(1), Annotated Code of Maryland.
(l)
“Serious health condition” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland.
(m)
“Service member” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland.
(n)
“Treatment” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland.
(o)
“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:
(i)
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;
(ii)
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
(iii)
A demonstrated failure of the appointing authority or Department to provide notice of dispute resolution procedures after the issuance of an adverse determination.
C.
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.
D.
Eligibility. An employee is eligible for PFML in accordance with State Personnel and Pensions Article, §9-1002, Annotated Code of Maryland.
E.
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.
F.
Amount of Leave.
(1)
Except as otherwise provided in this section, an employee shall not receive more than 12 weeks of PFML in an application year.
(a)
The employee may only receive payment for up to 480 hours at the employee’s regular rate of pay.
(b)
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.
(c)
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.
(2)
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.
(a)
The employee may only receive payment for up to 480 hours at the employee’s regular rate of pay.
(b)
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.
(c)
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.
G.
Use of Leave.
(1)
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.
(2)
An employee may request PFML for only one qualifying purpose at a time.
(3)
Leave taken under this subtitle shall run concurrently with eligible leave under the Federal Family and Medical Leave Act (FMLA).
(4)
If PFML is to be taken on an intermittent schedule, the employee shall:
(a)
Request intermittent leave in increments of 4 hours or more;
(b)
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
(c)
Provide the agency with reasonable and practicable prior notice of the reason, dates, and duration for which intermittent leave is necessary.
(5)
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.
(a)
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.
(b)
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.
(6)
Overpayment.
(a)
If the employee receives an overpayment of PFML, the employee shall reimburse the employee’s agency in the amount of the overpayment.
(b)
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.
H.
Application for Leave.
(1)
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.
(a)
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.
(b)
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.
(c)
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.
(2)
A request for PFML shall be accompanied by the documentation required by the application and as specified in §H of this regulation.
(3)
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.
(4)
Incomplete Applications.
(a)
An appointing authority or appointing authority designee shall not render a decision on an incomplete application.
(b)
An incomplete application will be returned to the employee.
(c)
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.
(5)
Updating an Application.
(a)
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:
(i)
Reason for leave;
(ii)
Start date of leave;
(iii)
Duration of leave;
(iv)
End date of leave; or
(v)
Whether the employee has begun to receive Workers’ Compensation.
(b)
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.
I.
Criteria for Reviewing Requests for Paid Family Medical Leave.
(1)
An appointing authority may approve a request for PFML if the employee has submitted a complete application, with the required documentation; and
(a)
Has not already exceeded the 12-week leave period; or
(b)
Is qualified for an additional 12-week leave period set forth in State Personnel and Pensions Article, §9-1005(2), Annotated Code of Maryland.
(2)
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.
J.
Documentation.
(1)
An employee shall submit required documentation with the employee’s application for PFML to the employee’s appointing authority or appointing authority designee.
(2)
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.
(3)
Documentation submitted with an application for PFML shall be treated as confidential.
(a)
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.
(b)
An employee who fails to maintain the confidentiality of documentation is subject to disciplinary action, up to and including termination.
(4)
An employee requesting PFML to care for or bond with a child of the employee shall provide:
(a)
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
(b)
Documentation of the birth or placement of the child with one of the following:
(i)
A certification of live birth;
(ii)
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
(iii)
Other reasonable documentation determined by the Department.
(5)
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:
(a)
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;
(b)
Date of diagnosis;
(c)
The date on which the serious health condition of the family member commenced;
(d)
The probable duration of the serious health condition;
(e)
The appropriate facts related to the serious health condition within the knowledge of the licensed health care provider;
(f)
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
(g)
If intermittent PFML leave is requested, the expected frequency and duration of the intermittent PFML.
(6)
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:
(a)
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;
(b)
The date on which the serious health condition of the employee commenced;
(c)
Treatment dates;
(d)
Period of incapacity;
(e)
The probable duration of the serious health condition;
(f)
The appropriate facts related to the serious health condition within the knowledge of the licensed health care provider;
(g)
A statement that the employee is unable to perform the functions of the employee’s position; and
(h)
If intermittent PFML is requested, the expected frequency and duration of the intermittent PFML.
(7)
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:
(a)
That the serious health condition was caused, or exacerbated by, military service;
(b)
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;
(c)
The date on which the serious health condition of the service member commenced or was exacerbated;
(d)
The probable duration of the serious health condition;
(e)
The appropriate facts related to the serious health condition within the knowledge of the licensed health care provider; and
(f)
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.
(8)
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)
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;
(b)
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
(c)
A statement of the employee’s family member relationship to the service member.
K.
Reconsideration.
(1)
An employee or authorized representative may request reconsideration of an appointing authority or appointing authority designee’s denial of PFML.
(2)
A reconsideration request shall be in writing to the Department’s Office of Personnel Services and Benefits on a form prescribed by the Secretary.
(3)
A reconsideration request shall state the reasons the employee believes the initial denial should be overruled and may include supporting documentation.
(4)
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.
(5)
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.
(6)
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.
(a)
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.
(b)
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.
L.
Appeals.
(1)
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.
(2)
The appeals process is available only to employees who have completed the reconsideration process as described in §K of this regulation.
(3)
An appeal shall be in writing to the Department’s Chief Human Resources Officer or designee on a form prescribed by the Secretary.
(4)
An appeal shall state the reasons the employee believes the reconsideration decision should be overruled and may include supporting documentation.
(5)
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.
(6)
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.
(7)
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.
(8)
The decision by the Department’s Chief Human Resources shall be the final administrative decision and is not subject to further appeal.
(9)
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.
(a)
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.
(b)
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.
M.
Record Keeping and Audit.
(1)
Each agency shall:
(a)
Maintain for a minimum of 5 years the following documentation:
(i)
Applications for leave;
(ii)
Approval of PFML, including dates; and
(iii)
Denials of PFML.
(b)
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:
(i)
Number of employees who requested PFML;
(ii)
Number of employees approved for PFML;
(iii)
Number of employees denied for PFML; and
(iv)
Estimated cost to the agency in wages, overtime, and lost productivity.
(2)
The Department shall maintain for a minimum of 5 years the following documentation:
(a)
Requests for reconsideration;
(b)
Outcomes of reconsideration requests;
(c)
Appeals; and
(d)
Outcomes of appeals.
(3)
The program shall be audited at the discretion of the Secretary.
Chapter annotations
Authority: State Personnel and Pensions Article, §§4-106, 9-101, 9-302, and 9-1108, Annotated Code of Maryland
History: Effective date: March 23, 1998 (25:6 Md. R. 490)
History: For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance.
History: Regulation .02 amended effective August 24, 1998 (25:17 Md. R. 1361)
History: Regulation .03 amended effective October 23, 2017 (44:21 Md. R. 985)
History: Regulation .04E amended effective November 24, 2014 (41:23 Md. R. 1376)
History: Regulation .04H amended effective November 14, 2022 (49:23 Md. R. 997
History: Regulation .05I adopted as an emergency provision effective September 16, 2009 (36:21 Md. R. 1588); emergency status expired March 15, 2010
History: Regulation .05I adopted effective May 31, 2010 (37:11 Md. R. 766)
History: Regulation .06 amended effective August 24, 1998 (25:17 Md. R. 1361); July 1, 2000 (27:12 Md. R. 1142); October 30, 2000 (27:21 Md. R. 1977)
History: Regulation .08C amended effective August 24, 1998 (25:17 Md. R. 1361)
History: Regulation .20 amended effective May 29, 2000 (27:10 Md. R. 968)
History: Regulation .21 amended effective August 24, 1998 (25:17 Md. R. 1361); July 1, 2000 (27:12 Md. R. 1142)
History: Regulation .22 amended effective July 1, 2000 (27:12 Md. R. 1142); December 25, 2000 (27:25 Md. R. 2284)
History: Regulation .22D amended effective July 21, 2014 (41:14 Md. R. 799)
History: Regulation .22J amended effective September 15, 2003 (30:18 Md. R. 1260); September 24, 2018 (45:19 Md. R. 866)
History: Regulation .23 amended effective July 1, 2000 (27:12 Md. R. 1142)
History: Regulation .25 adopted effective March 19, 2001 (28:5 Md. R. 552)
History: Regulations .25—.27 recodified to Regulations .26—.28 effective March 19, 2001 (28:5 Md. R. 552)
History: Regulation .29 adopted effective December 17, 2018 (45:25 Md. R. 1207)
History: Regulation .30 adopted effective August 4, 2025 (52:15 Md. R. 812)
History: Regulation .31 adopted effective March 16, 2026 (53:5 Md. R. 246)