1882                                        LAWS OF MARYLAND                                    Ch. 504

either earned annual vacation or earned sick leave, at the option
of the employee.

(5) (I) Every employee shall be entitled to personal
leave with pay for not in excess of three days in any calendar
year; provided, that personal leave may not be accumulated and
any unused personal leave as of the end of the calendar year

shall be [forfeited] CONTRIBUTED TO THE STATE EMPLOYEE'S LEAVE
RESERVE FUND IN ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION.
[Personal] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, PERSONAL leave days may be used BY AN EMPLOYEE AFTER
NOTIFICATION OF THE EMPLOYEE'S IMMEDIATE SUPERVISOR for religious

holidays, inclement weather or any other purpose whatsoever[,
provided permission is obtained from the department head].

(II) AN EMPLOYEE SCHEDULED TO WORK ON A STATE
HOLIDAY, OR AN EMPLOYEE OF AN AGENCY OR INSTITUTION WHICH RENDERS
A SERVICE THAT MUST BE PROVIDED CONTINUOUSLY ON A 7 DAY A WEEK
BASIS, MAY NOT USE PERSONAL LEAVE WITHOUT PRIOR APPROVAL OBTAINED
FROM THE DEPARTMENT HEAD. HOWEVER, APPROVAL MAY BE DENIED ONLY
IF THE DEPARTMENT HEAD DETERMINES THAT DENIAL IS NECESSARY AS A
RESULT OF A CRITICAL SHORTAGE OF STAFF. The department head may
not deny permission if personal leave is requested for observance
of religious holidays.

(6)  Each classified employee, upon termination from
the classified service other than by retirement, shall forfeit
any accumulated sick leave. Upon termination by retirement, each
classified employee is entitled to have his accumulated sick
leave days added to his creditable service for the purposes of
determining his retirement benefits under Article 73B of this
Code. A State employee who came into the State system while
retaining sick leave and annual leave benefits under a county

system and who came under the provisions of Chapter 423 of the
Acts of 1971 shall be entitled to the same full credit toward

retirement as provided by this section.

(B) (1) IN THIS SECTION THE FOLLOWING TERMS HAVE THE
MEANINGS INDICATED:

(I)  "FUND" MEANS THE STATE EMPLOYEE'S LEAVE
RESERVE FUND.

(II)  "EMPLOYEE" MEANS A STATE EMPLOYEE,
CLASSIFIED OR UNCLASSIFIED FULL-TIME OR PART-TIME, WHO IS
EMPLOYED BY A STATE AGENCY EXCEPT A POLICE EMPLOYEE AS DEFINED IN
ARTICLE 88B § 2 OF THE CODE.

(2)  THERE IS A STATE EMPLOYEE'S LEAVE RESERVE FUND
ADMINISTERED BY THE SECRETARY.

(3)  THE FUND SHALL CONSIST OF ALL UNUSED PERSONAL
LEAVE DAYS ACCUMULATED AT THE END OF EACH CALENDAR YEAR, IN
ACCORDANCE WITH SUBSECTION (A)(5) OF THIS SECTION.