Sec. 14.27.02.14. Accident Leave

A. Amount of Paid Accident Leave. The Service may grant up to 24 hours of paid accident leave to an employee beginning on the first day, or any portion thereof, of absence from work because of an accidental personal injury sustained by the employee in the actual performance of the employee’s job duties, and which is determined to be compensable according to the Maryland Workers’ Compensation Law, Labor and Employment Article, Title 9, Annotated Code of Maryland.

B. Advanced Accident Leave. The Service may grant additional advance accident leave, of up to 6 months, to an employee while the employee is awaiting a compensable injury decision from the Service’s Workers’ Compensation insurer or a compensable disability decision from the Service’s disability insurer.

C. Use of Accident Leave.

(1) The Service shall inform an injured employee or someone on the employee's behalf of the employee's right to file a claim for compensation with the Workers' Compensation Commission.

(2) If the Workers' Compensation Commission order determines that an employee's injury is not compensable, or in the absence of a Workers' Compensation Commission order, if the Service's Workers' Compensation insurer makes a determination of noncompensability, the Service shall amend the employee's accident leave to leave with pay, or, if the employee does not have leave with pay credited, to leave of absence without pay. The employee shall reimburse the Service for any accident leave received which is not chargeable to leave with pay.

(3) An employee’s accident leave ends upon the earliest of:

(a) A physician certifying in writing that the employee is capable of performing the physical tasks required of the employee’s position;

(b) First receipt by the employee of any compensation from either the Service’s Workers’ Compensation or disability insurer; or

(c) The end of 6 months or any extension of advance accident leave granted by the Service.

D. Accident Leave Pay.

(1) The Service shall pay an employee on accident leave or advanced accident leave at a rate which equals 66.666 percent of the employee's base wage rate.

(2) An employee is not entitled to receive both accident leave pay and compensation from either the Service's Workers' Compensation or disability insurer. If an employee on accident leave is also compensated by the Service's Workers' Compensation or disability insurer, then the use of accident leave by the employee constitutes a debt for which payment is enforceable upon the employee's return to work, and which continues to be enforceable upon the employee's termination of employment with the Service.

(3) An employee obligated to repay to the Service accident leave under §D(2) of this regulation shall repay advanced accident leave:

(a) In cash;

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

(c) By permitting the Service to deduct the amount from a benefit payment made to the employee from the Service's Workers' Compensation or disability insurer.