Md. Code Regs. 14.27.02.12

Current through Register Vol. 51, No. 18, September 6, 2024

Section 14.27.02.12 - Sick Leave

A. Amount of Leave Earned.

(1) Starting with the first month of service an employee shall earn 1 hour of sick leave for every 37.14 hours worked. An employee may not earn more than 7 days of sick leave in a calendar year.

(2) An employee may not earn sick leave upon hours worked in excess of the employee's standard workweek.

(3) Under this regulation the amount of hours an employee has worked shall include any hours the employee is on paid leave.

B. The Director, with the approval of the Board, may establish an incentive program for employees. The incentive program may include provisions for the Service to reimburse an employee for unused sick leave if the employee's accumulated sick leave is reduced by an amount equal to the reimbursement.

C. Advanced Sick Leave.

(1) The Service may advance up to 15 days of sick leave to an employee in any calendar year for a serious disability, ailment, or illness if no other leave with pay is credited to the employee.

(2) The use of advanced sick leave by an employee constitutes a debt for which payment is enforceable upon the employee's return to work, and continues to be enforceable on the employee's termination of employment with the Service.

(3) An employee shall repay to the Service advanced sick leave:

(a) In cash;

(b) By applying credited annual leave, personal leave, or sick leave of the employee to the amount of advanced leave owed; or

(c) By reducing the amount of sick leave earned and credited to the employee.

D. Use of Sick Leave. An employee may use sick leave for the following purposes only:

(1) Disability or illness of the employee;

(2) A documented medical appointment for the employee;

(3) Illness of a member of the employee's immediate family;

(4) A medical appointment for a member of the employee's immediate family;

(5) Bereavement leave as described in §I of this regulation; or

(6) Birth or adoption of employee's child as describe in §J of this regulation.

E. Sick leave may be accumulated without limitation. Unless otherwise provided by law, sick leave shall be forfeited upon termination of an employee's employment.

F. Attendance Control - Occurrences.

(1) If an employee uses sick leave on 3 or more consecutive days, the employee shall submit to the Service an original health care provider's certificate which authenticates the period of illness and includes a prognosis regarding the employee's ability to return to work. The employee shall ensure that the certificate is signed personally by a licensed or certified medical provider or practitioner.

(2) In order to prevent abuse of sick leave and to ensure medical attention for an employee, the Service may require an employee to submit a certificate which authenticates a period of illness of 1 day or more and which is signed in accordance with §F(1) of this regulation.

(3) When an illness of 1 day or more occurs during a period of annual leave or personal leave, the Service shall grant sick leave for the period of illness if the employee submits a certificate to the Service which authenticates the period of illness and which is signed in accordance with §E(1) of this regulation.

G. Attendance Control-Medical Examinations.

(1) If an employee is absent from employment due to medical reasons, the Director, or the Director's designee, may require the employee to be medically examined to determine if the employee has:

(a) An illness which requires the employee to utilize an excessive amount of sick leave; or

(b) A disability which prevents the employee from the proper performance of the employee's duties.

(2) A medical practitioner licensed by the State shall conduct the examination at the Service's expense.

H. The Service shall provide unpaid leave in accordance with the Family and Medical Leave Act of 1993 and Regulation .16 of this chapter.

I. Bereavement Leave.

(1) Death of Immediate Family Member.

(a) An employee may use up to 3 working days of sick leave in the event of the death of one of the following members of the employee's family:

(i) Spouse;

(ii) Child or stepchild of the employee;

(iii) Parent of the employee or the employee's spouse or an individual who took the place of a parent;

(iv) Sibling of the employee or the employee's spouse;

(v) Other relative living as a member of the employee's household.

(b) If travel requiring staying away from home overnight is involved, the employee may use up to 5 working days of sick leave.

(2) Death of Other Family Members.

(a) An employee may use 1 working day of sick leave in the event of the death of one of the following relatives of the employee:

(i) Grandparent or grandchild of the employee or the employee's spouse;

(ii) Aunt or uncle of the employee or the employee's spouse;

(iii) Niece or nephew of the employee or the employee's spouse;

(iv) Brother-in-law or sister-in-law of the employee or the employee's spouse;

(v) Son-in-law or daughter-in-law of the employee or the employee's spouse;

(b) The Director may authorize additional use of sick leave if travel away from home overnight is involved.

J. Birth or Adoption of Employee's Child. An employee who is primarily responsible for the care and nurturing of a child, with the approval of the Director or designee, may use accrued sick leave to care for the child during the period immediately following:

(1) The birth of the employee's child; or

(2) The placement of the child with the employee for adoption.

Md. Code Regs. 14.27.02.12

Regulation .12 amended as an emergency provision effective December 31, 1999 (27:3 Md. R. 325); emergency status expired April 30, 2000
Regulation .12 amended effective May 13, 2002 (29:9 Md. R. 746)
Regulation .12B amended effective February 26, 1996 (23:4 Md. R. 274)
Regulation .12D amended effective November 14, 2011 (38:23 Md. R. 1422)
Regulation .12J adopted effective November 14, 2011 (38:23 Md. R. 1422); amended effective 45:20 Md. R. 919, eff. 10/8/2018