(a) Definitions. In this section, the following terms have the meanings indicated.
(1) "Child" means:
(i) a biological child, an adopted child, a foster child, or a stepchild of the employee;
(ii) a child for whom the employee has legal or physical custody or guardianship; or
(iii) a child for whom the employee stands in loco parentis, regardless of the child's age.
(2) "Domestic violence" means abuse of a "person eligible for relief", as that term is defined in § 4-501(m) of the Family Law Article of the State Code.
(3) "Family member" means:
(i) a child;
(ii) a biological parent, an adoptive parent, a foster parent, or a step-parent of the employee or of the employee's spouse;
(iii) a legal guardian of the employee;
(iv) an individual who acted as a parent of or stood in loco parentis to the employee or the employee's spouse when the employee or the employee's spouse was a minor;
(v) the spouse of the employee;
(vi) a biological grandparent, an adopted grandparent, a foster grandparent, or a step-grandparent of the employee;
(vii) a biological grandchild, an adopted grandchild, a foster grandchild, or a step-grandchild of the employee; or
(viii) a biological sibling, an adopted sibling, a foster sibling, or a step-sibling of the employee.
(4) "Sexual assault" means rape, sexual offense, or any other act that is a sexual crime under Title 3, Subtitle 3 of the Criminal Law Article of the State Code; child sexual abuse under § 3-602 of the Criminal Law Article of the State Code; or sexual abuse of a vulnerable adult under § 3-604 of the Criminal Law Article of the State Code.
(5) "Stalking" has the meaning stated in § 3-802 of the Criminal Law Article of the State Code.
(b) Generally. All full-time employees on the hourly, weekly, or semi-monthly payroll earn disability leave at the rate of 1.25 work days for each full month of service to a maximum of 15 days a year.
(c) Part-time employees.
(1) Part-time employees who work at least 50% of the normal work week earn a prorated amount of disability leave in accordance with this section.
(2) For part-time employees who regularly work at least 12 hours per week but less than 50% of the normal work week, disability leave shall be administered in a manner that meets the minimum requirements of and is consistent with State law.
(d) Represented employees on the F pay schedule. Represented employees on the F pay schedule shall earn and be charged disability leave in accordance with the applicable memorandum of agreement negotiated and executed under Title 4.
(e) Accumulation and carry over. Employees may accumulate and carry over disability leave into a new calendar year without restriction on the total amount of accumulation.
(f) Availability of accumulated disability leave.
(1) Accumulated disability leave is available for use:
(i) for the care or treatment of the employee for a mental or physical illness, injury, or condition;
(ii) for the birth, adoption or foster placement of a child for up to six calendar weeks or for any longer period during which leave is being taken in accordance with a disability certificate completed by a medical practitioner pursuant to the Family and Medical Leave Act;
(iii) for the care or treatment of the employee’s family member for a mental or physical illness, injury, or condition;
(iv) when, through exposure to a contagious disease, the presence of the employee at the post of duty would jeopardize fellow employees;
(v) for preventive medical, dental, or optical care, examination or treatment for the employee or the employee’s family member;
(vi) for donation and use as approved or directed by the Office of Personnel or as provided for in a memorandum of agreement negotiated and signed in accordance with Title 4; and
(vii) for an absence from work due to domestic violence, sexual assault, or stalking committed against the employee or the employee’s family member, if the leave is being used:
1. by the employee to obtain for the employee or the employee’s family member:
A. medical or mental health attention that is related to the domestic violence, sexual assault, or stalking;
B. services from a victim services organization related to the domestic violence, sexual assault, or stalking; or
C. legal services or proceedings related to or resulting from the domestic violence, sexual assault, or stalking; or
2. during the time that the employee has temporarily relocated due to the domestic violence, sexual assault, or stalking.
(2) Whenever disability leave is taken for a medical, dental, or optical appointment, the request must be made prior to the beginning of the absence and supported by evidence of the appointment. Whenever possible, examinations or treatments shall be scheduled on non-work days.
(g) Disability occurring while on annual leave. If an employee becomes disabled or quarantined while on annual leave, the period of disability or quarantine may be charged to disability leave if the employee submits a written certification from the employee's physician or other recognized practitioner confirming the employee's disability or quarantine and the length of the confinement.
(h) Certification of disability. Except as provided in subsections (i), (j), and (k), the employee's personal certification is sufficient to support a charge to disability leave for an absence of three working days or less. Absence resulting in a charge to disability leave of more than three working days, must be supported by a medical certificate attesting to the incapacity of the employee. On recovery from the disability, the employee shall submit a statement from the attending physician attesting to the employee's ability to resume the duties of the employee's position. The Personnel Officer may require the employee to undergo a physical examination by the County's physician to determine the employee's capability of resuming the duties of the employee's position.
(i) Disability leave abuse.
(1) "Disability leave abuse" means:
(i) a consistent pattern of disability leave use, including leave use occurring before or after regularly scheduled days off, including holidays and weekends;
(ii) the use of disability leave as fast as it is accrued or regular requests for advance disability leave; or
(iii) failure to provide the required medical certificate from a physician or other health care provider for absences requiring a medical certificate.
(2) The appointing authority may request a medical certificate to justify any period of absence if the appointing authority has reason to believe that there has been disability leave abuse.
(3) The appointing authority may take disciplinary action if the appointing authority has reason to believe that there has been disability leave abuse. In determining the severity of the discipline, the appointing authority shall consider the nature and gravity of the offense; the employee's disability leave record; the employee's work record; and any other factors, including extenuating or mitigating circumstances presented by the employee.
(j) Report and recommendation of Personnel Officer. The appointing authority shall report to the Personnel Officer an employee who loses excessive time from employment or appears to be suffering from a mental or physical disability that interferes with satisfactory job performance. The Personnel Officer shall conduct the necessary investigation and make appropriate recommendations to the appointing authority for disability leave, accommodation, disciplinary action, or removal of the employee. The Personnel Officer may require the employee to undergo additional examinations to determine suitability for retention in active County service.
(k) Advancement of disability leave. Disability leave may be advanced by the appointing authority with the approval of the Personnel Officer if all of the following conditions are met:
(1) All available accumulated disability leave to the employee's account must be exhausted.
(2) The amount of disability leave advanced to an employee's account may not exceed 30 days at any time.
(3) Where it is known that the employee is to be retired or where it is anticipated that the employee is to be separated, the total advance may not exceed an amount that can be liquidated by subsequent accrual prior to the separation.
(4) There must be a reasonable assurance that the employee will return to duty.
(5) A medical certificate attesting to the necessity for the absence shall support the request for advance disability leave.
(6) All advance disability leave unearned at the termination of employment shall be reimbursed to the County at the employee's daily rate of pay.
(7) Only employees with permanent status are eligible to receive advance disability leave.
(8) The employee has not been required to provide a medical certificate under subsection (i).
(9) There has not been disability leave abuse by the employee in the previous 12-month period.
(l) Payment for certain employees for disability leave earned but not taken.
(1) Except as provided in this section, employees are not entitled to be paid for disability leave upon separation.
(2) On and after September 1, 1986, a management, professional, or confidential employee and employees in the classifications of Fire Battalion Chief and Fire Battalion Chief/Emergency Medical Technician-Paramedic, Police Sergeant and Police Lieutenant shall be paid $25 for each day of disability leave earned but not taken:
(i) at the time of retirement; or
(ii) at the time of leaving County service, if at the time of leaving the employee has acquired vested rights in the pension plan in which the employee is a participant and the employee elects not to withdraw from the plan.
(3) The employee shall be paid for leave earned before September 1, 1986, not to exceed 10 days leave; and leave earned on and after September 1, 1986.
(4) Nothing in this subsection affects an employee's right to receive a refund of the employee's contributions to the pension plan in which the employee is a participant, provided that any refund of contributions shall be reduced by the amount of any prior payment to the employee for unused disability leave.
(5) If separation from employment occurs as a result of death, payment under this subsection for disability leave earned but not taken at the time of death shall be made to the former employee's beneficiary designated under Article 5 of this Code.
(m) Annual leave conversion into disability leave. Annual leave accumulated by a non- represented employee or an employee in the classification of Deputy Sheriff I, Deputy Sheriff Corporal, Deputy Sheriff II, Deputy Sheriff III, Park Ranger I, Park Ranger II, Police Officer, Police Officer First Class, Police Corporal, Police Sergeant, or Police Lieutenant, or in a classification on the OS, F, LM or FW pay schedule, which exceeds the maximum carry over limit of 35 days per calendar year as provided by § 6-1-302(d), will be converted to disability leave.
(n) Application of unused disability leave to pension plan. Unused disability leave may be applied as credited service under the applicable pension plan in accordance with § 5-1-205(c) of this Code.
(1985 Code, Art. 8, § 1-303) (Bill No. 52-86; Bill No. 74-86; Bill No. 60-88; Bill No. 45-89; Bill No. 57-90; Bill No. 94-93; Bill No. 65-97; Bill No. 79-98; Bill No. 43-00; Bill No. 46-00; Bill No. 39-01; Bill No. 89-01; Bill No. 52-02; Bill No. 23-04; Bill No. 34-04; Bill No. 86-04; Bill No. 59-06; Bill No. 46-11; Bill No. 58-13; Bill No. 58-17; Bill No. 56-18; Bill No. 58-19; Bill No. 70-19; Bill No. 44-20; Bill No. 45-21; Bill No. 51-22; Bill No. 44-23; Bill No. 83-23)