Sec. 17.04.11.29. Parental Leave

A. Scope. This regulation applies to all employees, excluding temporary employees, of the Executive Branch of State government, excluding any unit with an independent personnel system.

B. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Defined Terms.

(a) “Parental leave” means paid leave granted to a primary caregiver to care for and nurture a child within 6 months following the birth of a child or the adoption of a child younger than 6 years old.

(b) “Parental leave absence” means an approved absence of a primary caregiver for up to 60 days for the purpose of caring for and nurturing a child within 6 months following the birth of a child or adoption of a child younger than 6 years old.

(c) “Primary caregiver” means an employee primarily responsible for the care and nurturing of the employee’s child who is 6 months old or younger or who is primarily responsible for the care and nurturing of the employee’s adopted child younger than 6 years old.

C. Use of Leave.

(1) An employee approved for a parental leave absence may use any combination of leave as permitted by State Personnel and Pensions Article, §9-1108, Annotated Code of Maryland, for the birth or adoption of a child.

(2) An employee is required to use annual and personal leave for a parental leave absence if it is available.

(3) If an employee exhausts annual and personal leave, the employer shall grant additional paid leave to attain the 60 days of parental leave permitted by law.

(4) An employee who takes a parental leave absence shall use the parental leave within 6 months following the birth of the employee’s child or the adoption by the employee of a child younger than 6 years old.

D. Administration of the Parental Leave Absence.

(1) An employee may request a parental leave absence by submitting a form provided by the Secretary to the employee’s appointing authority or appointing authority designee.

(2) A request shall be accompanied by the medical documentation required by the form.

(3) The employee’s appointing authority or appointing authority designee shall render a decision on a request for a parental leave absence within 5 working days of receiving the request.

E. Criteria for Reviewing Requests for Parental Leave Absence.

(1) An appointing authority may grant a request for a parental leave absence if the employee:

(a) Has submitted the proper form certifying that the employee is the primary caregiver for the child, along with the necessary medical documentation;

(b) Has not already exceeded the 60-day parental leave absence period; and

(c) The use of the leave occurs within 6 months following the birth of the employee’s child or adoption by the employee of a child younger than 6 years old.

(2) In general, requests for parental leave may not be denied; however, the timing of use of parental leave is subject to the approval of the employee’s appointing authority.

(3) State employees who jointly are responsible for the care and nurturing of a child each may be eligible to receive up to 60 days of parental leave, but they may not be determined to be the child’s primary caregiver during the same period of time.

F. Administration of Parental Leave Absence. An employee who is approved for a parental leave absence is required to properly designate the period of absence using the leave codes provided for this purpose in the time-keeping system of record.