Md. Code Regs. 17.04.11.05

Current through Register Vol. 51, No. 25, December 13, 2024

Section 17.04.11.05 - Sick Leave

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 Mental Hygiene 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 the Department of Health and Mental Hygiene 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.

Md. Code Regs. 17.04.11.05

Regulation .05I adopted as an emergency provision effective September 16, 2009 (36:21 Md. R. 1588); emergency status expired March 15, 2010
Regulation .05I adopted effective May 31, 2010 (37:11 Md. R. 766)