Ch. 10

1993 LAWS OF MARYLAND

REVISOR'S NOTE: Subsection (a) of this section is new language substituted for
the former reference to "[e]very State employee" in former Art. 89, § 28. See
77 Op. Att'y Gen. ______ (1992) [Opinion No. 92-016 (May 20, 1992)].

Subsection (b)(1) of this section is new language added for clarity, reflecting
the long-standing administrative understanding and practice that contractual
employees do not receive paid holidays, unless specifically provided for in
their contracts.

Subsection (b)(2) of this section is new language added to allow for other laws
that authorize units with independent personnel systems to observe different
holiday schedules. Under TR § 6-201.2(a)(3)(ii) and COMAR 11.05.07.29, for
example, employees of the Maryland Port Administration observe eight
regular holidays and two floating holidays each year.

Subsection (c) of this section is new language added to reflect that, as a
general matter, the Secretary's authority extends only to provisions that are
derived from former Art. 64A and not to provisions, such as those revised in
this subtitle (other than § 7-206), that are derived from other parts of the
Code.

Defined terms: "Secretary" § 1-101

"State Personnel Management System" § 1-101

7-202. HOLIDAY LEAVE AUTHORIZED.

EACH EMPLOYEE IS ENTITLED TO HOLIDAY LEAVE WITH PAY FOR THE
HOLIDAYS LISTED IN ARTICLE 1, § 27 OF THE CODE.

REVISOR'S NOTE: This section is new language derived without substantive
change from the first sentence of former Art. 89, § 28(a).

7-203. WHEN HOLIDAY OBSERVED.

(A)     IN GENERAL.

EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, AN EMPLOYEE SHALL
USE HOLIDAY LEAVE ON THE DAY THE HOLIDAY OCCURS.

(B)     WHEN HOLIDAY OCCURS ON SATURDAY OR SUNDAY.
EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE:

(1)      IF THE HOLIDAY OCCURS ON A SATURDAY, AN EMPLOYEE SHALL
USE HOLIDAY LEAVE ON THE FRIDAY IMMEDIATELY BEFORE THE HOLIDAY; AND

(2)      IF THE HOLIDAY OCCURS ON A SUNDAY, AN EMPLOYEE SHALL USE
HOLIDAY LEAVE ON THE MONDAY IMMEDIATELY FOLLOWING THE HOLIDAY.

REVISOR'S NOTE: Subsections (a) and (b)(1) of this section are new language
derived without substantive change from the first sentence of former Art. 89,
§ 28(a) and the first sentence of § 28(c).

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