Sec. 17.04.11.24. Leave of Absence Without Pay

A. An employee in the State Personnel Management System may apply for, and the appointing authority may grant, a leave of absence without pay:

(1) For personal reasons for a period not to exceed 30 calendar days;

(2) Under the Family and Medical Leave Act (FMLA) for the amount of time permitted by the FMLA; or

(3) Up to a maximum of 6 months, for the employee's documented temporary personal illness or disability, when there is medical documentation that the employee can return to the employee's full range of duties within 6 months.

B. If a request is approved as provided in §A of this regulation, the employee is not separated from the payroll.

C. Except as provided in COMAR 17.04.04.05, if a leave of absence without pay is approved by an appointing authority for a period greater than the times indicated in §A of this regulation, it does not mean that the employee who is granted the leave shall, upon return, be restored to the position the employee vacated or any other position in State service.

D. Leave of absence without pay for a period exceeding the time periods established in §A of this regulation shall require notification to the Secretary, and may be granted for a cause satisfactory to the appointing authority. In these situations, the employee shall be separated from the payroll.

E. A leave of absence without pay may not exceed 2 years except for leave to enter the armed services. Leave to enter the armed services shall be for the period of time of the employee's initial tour of duty in the armed services.

F. For the following conditions, the appointing authority shall automatically authorize leave of absence without pay, unless the employee wishes to resign:

(1) An employee who is a member of the armed forces and is called to active service in the armed forces; or

(2) An employee injured in the line of duty who, following a period of work-related accident leave, has exhausted all paid leave before the employee is able to return to active duty.

G. Except for a leave of absence for military purposes, an employee granted leave of absence without pay for more than 30 calendar days, and who is ready to return to duty at or before the expiration of the leave, shall notify the appointing authority of the employee's readiness to return and may be restored to the employee's classification, if a vacancy exists in the department. If the employee is not restored to duty, the employee may request that the Secretary place the employee's name on the appropriate eligible list as a reinstatement candidate.

H. An employee who does not notify the appointing authority in writing of the employee's desire to return to duty before expiration of a leave of absence without pay shall be considered resigned from State service.

I. Family and Medical Leave. Family and medical leave may be used in accordance with the provisions of the Family and Medical Leave Act of 1993, the implementing federal regulations, and the regulations, policies, and guidelines promulgated by the Secretary.

J. When an employee enters military training or service for a period of at least 16 days up to a maximum of 4 years, the employee may choose to bank the employee's annual leave earned up to the date of departure for military training or service or to be paid for that earned annual leave. However, after the completion of 4 years, the employee shall be paid for all accumulated annual leave earned up to the date of departure for military training or service whether or not the employee returns to State service.