Employees’ Responsibility Regarding Requests for Leave from the State Employees’ Leave Bank

Employees who wish to request leave from the State Employees’ Leave Bank must:

1. Have the treating physician complete the State Employees’ Leave Bank Medical Request Form (MS-401).
2. Submit the completed Medical Request Form to the Payroll Office.
3. Work with the Payroll Office to complete the State Employees’ Leave Bank Request Form (MS-408)

After the Medical Request Form and the Leave Bank Request Form have been completed, the Payroll Office will submit them to the Employee Relations Division for consideration.

Appointing Authorities Responsibility Regarding Employees’ Requests for Leave from the State Employees' Leave Bank

In accordance with Code of Maryland Regulation (COMAR) 17.04.11.23, the appointing authority is required to verify that:

1. The employee has exhausted all available leave (annual, personal, sick and compensatory leave) because of a physical or mental impairment;
2. The State Employees’ Leave Bank Medical Request Form (MS-401) and the State Employees’ Leave Bank Request Form (MS-408) are complete before they are submitted to the Employee Relations Division. The Medical Request Form must contain a diagnosis, a prognosis and the health care provider ' s signature to establish the existence of a A serious and prolonged medical condition;
3. The amount of leave requested, when added to the amount of leave already received from other employees and the Bank, does not exceed 2,080 hours during the employee’s State Service; and
4. The amount of leave requested, when combined with all other forms of paid leave, will not allow the employee to be absent for a continuous period that exceeds 16 months.

Procedure in the Emplyee Relations Division for Processing Requests for Donations from the State Employees' Leave Bank

I. Preliminary Evaluation

1. When the Leave Bank Medical Request Form and the Leave Bank Request Form are received by the Employee Relations Division, they are date stamped and reviewed to determine if all required information is included. If administrative (i.e., effective date of request or number of hours of leave requested, etc.) is incomplete or missing, the Employee Relations Division will contact the agency to obtain the necessary information.
2. If medical documentation is incomplete or missing, the Employee Relations Division will advise the agency that the employee has 7 business days to submit the appropriate medical documentation. If the necessary information is not received in the Division within 7 business days, the request is denied and returned to the employee’s agency.

II. Evaluation

1. An employee’s appointing authority may submit a recommendation that the request be granted or denied. A recommendation to deny the request shall be accompanied by a statement of the reasons for the recommended denial and supporting documentation.
2. Each request is reviewed to determine if the employee qualifies for leave from the Bank both administratively and medically. If the request is denied for administrative reasons, a letter is sent to the employee stating the reason(s) for the denial and the denied request is returned to the agency. If the request is preliminarily denied for medical reasons, it is forwarded to the State Medical Director (SMD) for review. If the SMD denies the request, a letter is sent to the employee stating the reason(s) for the denial and the denied request is returned to the agency.
3. If this Division approves a Leave Bank request, the employee’s leave balance shall be adjusted within 14 days of this Division’s determination.
4. Items following:

1. An employee who exhausts accumulated leave before the Leave Bank request is evaluated shall be granted leave until this Division makes a determination on the request.
2. If an employee is automatically granted leave and the Leave Bank request is subsequently denied, any granted leave shall be converted to leave without pay. The employee shall reimburse the State for the granted leave at a minimum rate of one-half of earned sick leave. At the employee’s discretion, the employee may repay the granted leave with accrued annual, personal, compensatory or additional sick leave or by making cash payment.

5. This Division will issue a written determination approving or denying the request within 30 days of receiving the request. Whenever this Division finds it necessary to refer the request to the SMD, this period may be extended an additional 30 days.

III. Reconsideration

1. If an employee’s Leave Bank request is denied at any step of the procedure, for any reason, the employee may appeal that determination within 14 days by submitting a State Employees’ Leave Donation Program Appeal Form (MS 406) to this Division, in accordance with COMAR 17.04.11.23L.
2. The request for reconsideration shall state the reason(s) the denial should be reconsidered and may be accompanied by supporting documentation.
3. Within 14 days of receipt of the request for reconsideration, this Division shall issue a written decision granting or denying the leave request. If the reconsideration request is approved, a copy of the determination shall be forwarded to the employee ’ s appointing authority.
4. A request for reconsideration as specified in COMAR 17.04.11.23L constitutes the exclusive avenue for challenging a denial of leave from the State Employees’ Leave Bank.
    

Internal Procedures for Processing Membership to the State Employees' Leave Bank

1. Completed Leave Bank Donation forms (MS 401) are batched and logged into the Bank ’ s database.
2. The bank maintains a record of member leave donation histories.
3. The Leave Bank houses the original leave donation forms for a period of two years.

Revised July, 2005