Md. Code Regs. 17.04.11.04

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

Section 17.04.11.04 - Annual Leave

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.

Md. Code Regs. 17.04.11.04

Regulation .04 amended effective 41:23 Md. R. 1376, eff.11/24/2014; amended effective 49:23 Md. R. 997, eff. 11/14/2022