Ch. 10

1993 LAWS OF MARYLAND

(3)      FOR AN EMPLOYEE WHOSE TOTAL STATE SERVICE IS AT LEAST 10
YEARS BUT LESS THAN 20 YEARS, AT THE RATE OF 20 WORKDAYS A YEAR; AND

(4)      FOR AN EMPLOYEE WHOSE TOTAL STATE SERVICE IS 20 YEARS OR
MORE, AT THE RATE OF 25 WORKDAYS A YEAR.                                               

REVISOR'S NOTE: This section is new language derived without substantive
change from the first sentence of former Art. 64A, § 37(a)(1)(i), except as that
sentence authorized annual leave, the second sentence of § 37(a)(1)(i), and
the first clause of the first sentence of § 37(a)(4), as it referred to leave being
accrued on a pro rata basis.

In subsection (b) of this section, the former reference to a "calendar" year is
deleted as unnecessary in that it is relevant only to the carry-over provisions
of § 7-306 of this subtitle.

The State Personnel Article Review Committee notes, for consideration by
the General Assembly, that the meaning of, and therefore the need for, the
term "continuous" in subsection (a) of this section is unclear. Moreover, there
has been some disagreement over how this section is to be read in conjunction
with Title 11, Subtitle 1 of this article, which allows certain credit for prior
State service, but only upon an "authorized status of reinstatement" and only
if the reinstatement is within 2 years of the prior separation.

See also Revisor's Note to § 7-506 of this title.

7-304. PRIOR APPROVAL REQUIRED.

(A)     IN GENERAL.

EXCEPT AS PROVIDED IN SUBSECTION" (B) OF' THIS SECTION; AN EMPLOYEE
MAY USE ANNUAL LEAVE AT ANY TIME AFTER OBTAINING APPROVAL FROM. THE
HEAD OF THE EMPLOYEE'S PRINCIPAL DEPARTMENT OR OTHER INDEPENDENT
UNIT.

(B)     EXCEPTION.

AN EMPLOYEE MAY NOT USE ANNUAL LEAVE UNTIL THE EMPLOYEE HAS
COMPLETED 6 MONTHS OF STATE SERVICE.

REVISOR'S NOTE: Subsection (a) of this section is new language derived without
substantive change from former Art. 64A, § 37(a)(2)(ii) and the second clause
of the first sentence of § 37(a)(4).

Subsection (b) of this section is new language substituted for the first clause of
the first sentence of former Art. 64A, § 37(a)(4). The former reference to
annual leave "accru[ing] ... after his first six months" of service is misleading.
Under long-standing Departmental understanding and administrative
practice, an employee does begin to accrue annual leave as soon as the
employee begins working. However, as stated here, the employee may not use
any accrued annual leave during that first six months of service.

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