WILLIAM DONALD SCHAEFER, Governor                           Ch. 10

Former Art. 64A, § 38A(e)(1)(iii), which defined "[n]onresident", is deleted as
unnecessary. The substance of that definition is incorporated in this revision, but the term
itself is not used.

Former Art. 64A, § 38A(e)(1)(iv), which defined "State", is deleted as unnecessary
in light of the same definition in § 1-101 of this article.

TITLE 7. LEAVE TIME AND HOLIDAYS.

SUBTITLE 1. GENERAL PROVISIONS.

7-101. REGULATIONS.

(A)     SCOPE OF SECTION.

(1)      EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THIS
SECTION APPLIES TO:

(I)      ALL EMPLOYEES, INCLUDING APPOINTED OFFICIALS AND
CLASSIFIED, UNCLASSIFIED, FULL-TIME, PART-TIME, PERMANENT, TEMPORARY,
AND CONTRACTUAL EMPLOYEES, OF ALL UNITS IN THE EXECUTIVE BRANCH OF
STATE GOVERNMENT; AND

(II)     ALL CLASSIFIED SERVICE EMPLOYEES OF THE DISTRICT
COURT OF MARYLAND.

(2)      EXCEPT AS OTHERWISE PROVIDED BY LAW, THIS SECTION APPLIES
TO ALL EMPLOYEES OF ANY STATE INSTITUTION OF HIGHER EDUCATION,
INCLUDING THE UNIVERSITY OF MARYLAND SYSTEM, BUT DOES NOT APPLY TO ANY
OTHER UNIT WITH AN INDEPENDENT PERSONNEL SYSTEM.

(B)     REGULATIONS.

SUBJECT TO THE REQUIREMENTS OF THIS TITLE, THE SECRETARY SHALL
ADOPT REGULATIONS GOVERNING ALL ASPECTS OF ANNUAL LEAVE, PERSONAL
LEAVE, SICK LEAVE, COMPENSATORY LEAVE, AND THE KEEPING OF TIME RECORDS
FOR ALL EMPLOYEES SUBJECT TO THIS SECTION.

REVISOR'S NOTE: This section is new language substituted for former Art. 64A,
§ 37A(a), except as that section authorized regulations governing part-time
employees. This substitution clarifies the scope of the regulations and reflects
long-standing Departmental understanding and administrative practice. See
77 Op. Att'y Gen.____ (1992) [Opinion No. 92-016 (May 20, 1992)].

Although this revision clarifies the scope of the Secretary's rulemaking
authority, it is not intended to confer any leave rights on employees not
otherwise granted to them by law.

In subsection (a)(2) of this section, the phrase "[e]xcept as otherwise provided
by law" is added to reflect that St. Mary's College of Maryland has express
rulemaking authority over leave. See ED § 14-208.

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