Md. Code Regs. 17.04.11.23

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

Section 17.04.11.23 - State Employees' Leave Bank

A. Definitions. In this regulation, the following terms have the meanings indicated:

(1) "Bank" means the State Employees' Leave Bank.

(2) "Open enrollment period" means the State's health insurance open enrollment period.

(3) "Serious and prolonged medical condition" means a physical or mental impairment that substantially limits the ability of the individual to perform the essential functions of the individual's job, which cannot be accommodated through reasonable accommodation.

B. Scope. This regulation applies to:

(1) Employees, except temporary employees, in principal departments and other independent units in the State Personnel Management System; and

(2) Employees in a principal unit in the executive, judicial, or legislative branches of State government with an independent personnel system that allows its employees to voluntarily participate in the Bank.

C. Administration of the Bank.

(1) The Secretary shall administer the Bank.

(2) Leave donations to the Bank shall be made in accordance with the provisions of §D of this regulation.

(3) Leave withdrawals shall be made in accordance with the provisions of §§F-H, J, and K of this regulation.

D. Leave Donations.

(1) An employee may donate 8 hours of personal leave to the State Employees' Leave Bank within the first 60 days of employment.

(2) All other donations shall be made during the open enrollment period.

(3) An employee may voluntarily donate the employee's unused annual, personal, or sick leave in increments of the employee's normal workday to the Bank.

(4) An employee may voluntarily donate any number of workdays of unused annual or personal leave to the Bank.

(5) An employee may voluntarily donate unused sick leave to the Bank, but only to the extent that the donating employee has a sick leave balance of at least 240 hours after the donation.

(6) An employee who wishes to donate leave to the Bank shall complete the MS 401 form, which shall be supplied to appointing authorities by the Secretary, indicating the type of leave and the number of hours of each type of leave that the employee is donating to the Bank.

(7) The employee shall submit a copy of the completed MS 401 form to the appointing authority for the donating employee's unit.

(8) Within 7 days of receiving the MS 401 form, the appointing authority shall review the employee's sick leave record and determine whether the condition specified in §D(5) of this regulation has been satisfied. If §D(5) has been satisfied, the appointing authority shall forward the MS 401 form to the Secretary and make appropriate adjustments to the employee's leave balances.

(9) If the condition specified in §D(5) of this regulation has not been satisfied, the appointing authority shall notify the donating employee who shall be given an opportunity to donate fewer hours of sick leave, if the condition specified in §D(5) of this regulation can be satisfied.

E. Membership.

(1) An employee is a member of the Bank in accordance with State Personnel and Pensions Article, § 9-603, Annotated Code of Maryland.

(2) Membership in the Bank is for 2 years, unless the leave in the Bank is exhausted, at which time all employees will be notified and given the option of rejoining by donating an additional day. In this event, employees who have already served the 90-day waiting period for eligibility will not be required to serve an additional waiting period.

F. Eligibility for Withdrawals of Leave. The Secretary may transfer leave from the Bank to an employee who:

(1) Has exhausted all forms of annual, sick, personal, and compensatory leave because of a serious and prolonged medical condition; and

(2) Has been a member of the Bank for at least 90 days or has been exempted from the membership requirement by the Secretary for good cause.

G. Restrictions.

(1) An employee may not receive more than a combined total of 2,080 hours of leave from the Bank and from other employees during the employee's State service.

(2) An employee may not use leave from the Bank for any continuous period that, when combined with all other forms of paid leave, exceeds 16 months.

H. Applications.

(1) If an employee wants to request leave from the Bank, the employee or the employee's authorized representative shall submit to the Secretary an MS 408 form, and shall submit a copy to the employee's appointing authority. The MS 408 form shall be supplied to appointing authorities by the Secretary, and shall be submitted to the Secretary as far in advance as possible. An employee shall make every effort to submit the request before the first day of leave requested. In extenuating circumstances, the Secretary shall accept late requests.

(2) A request shall be accompanied by the medical documentation required by the MS 408 form and shall contain a certification by the employee's appointing authority that the employee's withdrawal of leave from the Bank does not violate any of the provisions of §§F and G of this regulation.

I. Treatment of Medical Documentation.

(1) Medical documentation submitted with the request for leave from the Bank shall be treated as confidential medical information and shall be disclosed only to those individuals who need to know its contents as part of the review, evaluation, and approval process.

(2) An employee who fails to maintain the confidentiality of medical information is subject to disciplinary action, up to and including termination.

J. Criteria for Reviewing Requests for Leave.

(1) Leave from the Bank shall be granted only to employees with serious and prolonged medical conditions who have provided satisfactory medical documentation.

(2) Leave from the Bank shall be granted only to an employee who provides the certification of illness required by State Personnel and Pensions Article, § 9-504, Annotated Code of Maryland.

(3) Approval for an eligible employee is discretionary, and denial may be based on any reason which is consistently applied and that is not illegal or unconstitutional. In denying a request, the Secretary may consider the following factors:

(a) A record of sick leave abuse by the employee;

(b) Insufficient medical documentation of a serious and prolonged medical condition;

(c) Unsatisfactory employee performance ratings;

(d) The amount of leave previously received from the Bank;

(e) Whether the employee qualifies for use of earned paid sick leave under the requirements of the employee's personnel system;

(f) Whether the employee will return to work; and

(g) Whether the employee has, through intimidation, threat, or coercion, interfered with or attempted to interfere with the right of another employee to contribute or not contribute, receive, or use donated leave, promised to confer or conferred an appointment, promotion, compensation, or other benefit, or effected or threatened to effect a reprisal, including the deprivation of an appointment, promotion, compensation, or other benefit in connection with the right of another employee to contribute, receive, use, or donate leave.

K. Determinations by the Secretary.

(1) Within 30 days of receiving the MS 408 form, the Secretary shall issue a written determination approving or denying the request. Whenever the Secretary finds it necessary to refer the request to the State Medical Director, this period may be extended an additional 30 days.

(2) An employee's appointing authority may submit a recommendation that the Secretary grant or deny a request. A recommendation that the request be denied shall be accompanied by a statement of the reasons for the recommended denial and supporting documentation.

(3) An employee whose request for leave is granted by the Secretary shall have the employee's leave balance adjusted within 14 days of the Secretary's determination.

(4) If an employee runs out of leave before the Secretary makes a determination, the employee is automatically granted leave until the Secretary makes a determination.

(5) If the application of an employee automatically granted leave is subsequently denied, any leave used is converted to leave without pay, and the employee shall reimburse the State at the minimum rate of 1/2 of the sick leave earned and, at the employee's discretion, by applying credited annual leave, personal leave, additional sick leave, compensatory leave, or cash payments.

L. Reconsideration.

(1) An employee whose request for leave from the Bank is denied by the Secretary may appeal the denial within 14 days of the denial by submitting the MS 406 form to the Secretary and requesting reconsideration.

(2) The request for reconsideration shall state the reasons the employee believes the Secretary's denial should be reconsidered and may be accompanied by supporting documentation.

(3) Within 14 days of receipt of the request for reconsideration, the Secretary shall issue a written decision granting or denying leave from the Bank. If the Secretary decides to grant leave from the Bank, a copy of the determination shall be forwarded to the requesting employee's appointing authority.

M. Coercion, Intimidation, and Threats Prohibited. Leave donations to the Bank by an employee are strictly and completely voluntary. An employee who, through intimidation, threat, or coercion, interferes with or attempts to interfere with the right of another employee to contribute or not contribute, receive, or use donated leave, promises to confer or confers an appointment, promotion, compensation, or other benefit, or effects or threatens to effect a reprisal, including the deprivation of an appointment, promotion, compensation, or other benefit in connection with the right of another employee to contribute, receive, use, or donate leave is subject to disciplinary action, up to and including termination.

N. Record Keeping. Each principal department or other independent unit in the State Personnel Management System, and each principal department or other independent unit of State government with an independent personnel system that allows its employees to participate in the State Employees' Leave Bank program, shall:

(1) Maintain a record of the employee leave donated; and

(2) Submit to the Secretary, on or before October 15 of each year, a report providing the following information for the preceding fiscal year:

(a) Number of employees who donated leave,

(b) Kind of leave and number of hours donated by each employee,

(c) Number of employees who received donated leave from the Bank, and

(d) Number of hours of donated leave received and used by each employee from the Bank.

O. Miscellaneous.

(1) An employee who has applied for disability retirement may receive leave from the Bank if the employee:

(a) Has a serious and prolonged medical condition;

(b) Satisfies the requirements of §F of this regulation;

(c) Provides satisfactory medical documentation; and

(d) Provides a certificate of illness in accordance with State Personnel and Pensions Article, § 9-504, Annotated Code of Maryland.

(2) If an employee who receives leave from the Bank does not use all of the leave received, the remaining hours of leave automatically revert to the Bank.

Md. Code Regs. 17.04.11.23

Regulation .23 amended effective July 1, 2000 (27:12 Md. R. 1142)