Md. Code Regs. 11.02.13.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.02.13.03 - Eligibility and Use

A. In order to be entitled to FMLA leave, an employee shall have a minimum of 12 months employment with the State.

B. An employee may not be disqualified on the basis that fewer than 50 employees work within a 75-mile radius of the work site.

C. FMLA leave may be used for:

(1) The birth of a child and subsequent care;

(2) The care of a child placed with the employee for adoption or foster care;

(3) The care of a seriously ill spouse, child, or parent; or

(4) A serious health condition that makes an employee unable to perform the essential functions of the employee's position.

D. Employees may use up to 12 weeks of unpaid leave under these regulations within a 12-month period.

E. Calculation of the 12-Month Period.

(1) The 12-month period is calculated backward from the date FMLA leave is first taken under this policy.

(2) The Department may change to another method of calculating the 12-month period by giving at least 60 days notice to employees and ensuring that the change takes place in such a way that employees retain the full benefit of 12 weeks of FMLA leave.

F. Employees requesting leave under these regulations shall first use any available paid leave, which shall be deducted from the 12-week maximum entitlement set forth in §D of this regulation.

G. Except for work injury leave, advanced sick leave, extended sick leave, donated leave or leave from the Leave Bank, and earned sick leave used under the provisions of COMAR 11.02.03.07B(3), any leave used before a request for FMLA leave may not be deducted from the employee's FMLA entitlement set forth in §D of this regulation.

H. Work injury leave, advanced sick leave, extended sick leave, donated leave or leave from the Leave Bank, and earned sick leave used under the provisions of COMAR 11.02.03.07B(3), used during the 12-month period specified in §D of this regulation, shall automatically be counted against the employee's entitlement set forth in §D of this regulation.

I. Employees shall continue to accrue leave, service credits, and other benefits under the provisions of this subtitle during paid leave.

J. The entire 12 weeks of family medical leave taken for the birth of a child or the placement of a child for adoption or foster care shall be taken within 12 months of the birth or placement.

K. A husband and wife shall be allowed a total of 12 weeks of FMLA leave for the birth of a child or the placement of a child for adoption or foster care.

L. An employee may not be required to take a position with reasonable accommodation instead of FMLA leave entitlement.

M. An employee may not be required to take FMLA leave instead of reasonable accommodation.

N. An employee who has exhausted FMLA leave entitlement shall retain any applicable right to reasonable accommodation.

O. An employee's rights under these regulations remain in effect until the employee gives unequivocal notice of intent not to return to work.

P. Except as specified in §H of this regulation, leave previously taken for which the employee would have been entitled to FMLA leave may not be designated as FMLA leave after the leave has ended.

Md. Code Regs. 11.02.13.03

Regulation .03 amended effective January 27, 1997 (24:2 Md. R. 116)