Md. Code Regs. 14.27.02.15

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

Section 14.27.02.15 - Other Paid Leave

A. Holiday Leave.

(1) The holidays of the Service are:

(a) New Year's Day-January 1;

(b) Martin Luther King Jr.'s Birthday-Third Monday in January;

(c) George Washington's Birthday-Third Monday in February;

(d) Memorial Day-Last Monday in May;

(e) Independence Day-July 4;

(f) Labor Day-First Monday in September;

(g) Veteran's Day-November 11;

(h) Thanksgiving Day-Fourth Thursday in November; and

(i) Christmas Day-December 25.

(2) If a holiday falls on a Sunday, the Monday immediately following is considered and treated as a holiday. If a holiday falls on a Saturday, the Friday immediately preceding the holiday is considered and treated as the holiday.

(3) Use of Holiday Leave.

(a) Except for an employee subject to §A(3)(b) or (4) of this regulation, the Service shall grant an employee paid holiday leave on the holidays listed in §A(1) of this regulation.

(b) An employee who works at a facility which renders a service that is provided continuously on a 7-day-a-week basis:

(i) Shall be scheduled for an alternative day of paid leave if the employee is required to work on a holiday; and

(ii) May not carry into a new fiscal year more than 40 hours of unused holiday leave.

(4) If, on June 30, an employee has more than 40 hours of unused holiday leave, then, on July 1, the beginning of the new fiscal year, the Service shall reduce the employee's accumulated holiday leave balance to 40 hours.

(5) Part-Time Employees.

(a) A part-time employee is entitled to prorated holiday leave based on:

(i) A percentage of the total leave hours resulting from the number of holidays listed in §A(1) of this regulation; and

(ii) The funded percentage of the part-time position.

(b) The Service may grant holiday leave to a part-time employee on the dates listed in §A(1) of this regulation, and the Service may assign holidays to ensure that the holidays taken by the part-time employee do not exceed or are not fewer than the funded percentage of the part-time position.

(c) A part-time employee may not carry into a new fiscal year more than the number of holiday leave hours which equals the funded percentage of the employee's position multiplied by 40 hours. For example, if a part-time employee works a 60 percent schedule, then the employee may not carry into the new fiscal year more than 24 holiday leave hours (0.60 x 40). If, on June 30 of a year, a part-time employee has more than the permitted carryover amount of accumulated unused holiday leave, then, on July 1, the Service shall reduce the employee's accumulated unused holiday leave to the permitted carryover amount.

B. Repealed.

C. Personal Leave.

(1) A full-time employee who is employed with the Service on January 1, or who is hired by the Service in the months of January through June, is credited with 4 days of personal leave at the beginning of the first full pay period of the calendar year.

(2) A full-time employee who is hired by the Service in the months of July or August is entitled to 2 days of personal leave in the calendar year that the employee is hired.

(3) A full-time employee who is hired by the Service in the months of September or October is entitled to 1 day of personal leave in the calendar year that the employee is hired.

(4) A full-time employee who is hired by the Service in the months of November or December is not entitled to any personal leave in the calendar year that the employee is hired.

(5) At the beginning of the first full pay period of a calendar year, a part-time employee is credited with the percentage of 4 days of personal leave equal to the percentage the part-time position is funded. The limitations on personal leave set forth in §C(1)-(4) of this regulation apply to a part-time employee during the calendar year in which a part-time employee is hired.

(6) An employee may not accumulate unused personal leave and shall forfeit any unused personal leave at the beginning of the first full pay period of the calendar year and at termination of employment.

(7) Except in the case of an emergency, an employee shall obtain permission from the employee's supervisor before using personal leave.

D. Jury Service Leave. An employee who serves as a member of a jury of a court is permitted to be absent from assigned duties without loss of pay. If, after reporting for jury duty, it is determined that the employee's services are not required and the employee is dismissed from jury duty for the day, then, if time reasonably permits, the employee shall report for work. An employee who is called for jury service shall immediately notify the employee's supervisor. When the public interest requires that the employee not be absent from assigned duties, the supervisor may request the appropriate judge to excuse the employee.

E. Legal Action Leave. An employee who is summoned under a subpoena to appear in a court action by a party other than the Service, 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 assigned duties without loss of pay for not more than 1 day. The employee's absence over 1 day may not be paid by the Service unless the employee uses other authorized leave.

F. Time Off for Religious Observances. In accordance with State Personnel and Pensions Article, Title 9, Subtitle 8, Annotated Code of Maryland, and COMAR 17.04.11.16B, the Service shall permit an employee to be absent in order for the employee to participate in religious observances. The Board may adopt written policies that provide for exceptions for the efficient operation of the Service.

G. Military. An employee who is a member of the organized militia or the Army, Navy, Air Force, or Marine Reserve shall be entitled to a leave of absence for military training for a period of not more than 15 days annually without loss of pay or charge against any leave.

Md. Code Regs. 14.27.02.15

Regulation .15C amended as an emergency provision effective December 31, 1998 (26:2 Md. R. 103); emergency status expired April 30, 1999; amended permanently effective May 3, 1999 (26:9 Md. R. 730)
Regulation .15A amended effective February 23, 2009 (36:4 Md. R. 354)
Regulation .15A, C amended as an emergency provision effective January 1, 2004 (30:22 Md. R. 1575); amended permanently effective February 2, 2004 (31:2 Md. R. 85)
Regulation .15 amended effective 42:16 Md. R. 1055, eff.8/17/2015