Md. Code Regs. 17.04.11.19

Current through Register Vol. 51, No. 12, June 14, 2024

Section 17.04.11.19 - Computation of Leave and Record Retention on Separation from Service

A. Payment of annual leave upon separation from service shall be made in accordance with State Personnel and Pensions Article, 9-305 and 9-306, Annotated Code of Maryland.

B. Compensatory Time. In accordance with State Personnel and Pensions Article, § 9-901, Annotated Code of Maryland, upon separation from State service, a Fair Labor Standards Act (FLSA) exempt full-time employee shall be compensated in cash for unused compensatory time for up to a maximum of 2 working days. Payment to a Fair Labor Standards Act (FLSA) exempt, part-time employee for unused compensatory time is prorated on the basis of 2 working days as determined by the percentage of employment. Upon separation from State service, a Fair Labor Standards Act (FLSA) nonexempt employee shall be compensated for accrued Fair Labor Standards Act (FLSA) compensatory time at a rate of compensation equal to the greater of:

(1) The average regular rate received by the employee during the last 3 years of employment; or

(2) The final regular rate received by the employee.

C. When an employee separates from State service, the employee's last leave record shall be retained by the unit for a period of not less than 4 calendar years from the separation date. If an employee is reinstated in another unit, the new unit shall request the former unit to forward the employee's leave record.

D. Severance Pay Guidelines. The Secretary may adopt guidelines governing severance pay.

E. Once an employee has given notice of resignation, the employee may not use more than 10 days of annual leave, personal leave, or compensatory leave, or any combination of those types of leave, between the time notice is given and the effective date of resignation.

Md. Code Regs. 17.04.11.19