Ch. 10                                           1993 LAWS OF MARYLAND

(B) USES FOR LEAVE.

PERSONAL LEAVE MAY BE USED FOR ANY PURPOSE.

REVISOR'S NOTE: This section is new language derived without substantive
change from the first clause of the first sentence of former Art. 64A, §
37(a)(5)(i) and, as it related to uses of personal leave, the second sentence of
§ 37(a)(5)(i).                                                                               

In subsection (b) of this section, the former specific reference to the use of
leave for "religious holidays" or "inclement weather" is deleted as
unnecessary in light of the general reference to "any purpose".

7-403. LEAVE USE AFTER NOTICE.

(A)     IN GENERAL.

EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, AN EMPLOYEE
MAY USE PERSONAL LEAVE AFTER NOTICE TO THE EMPLOYEE'S IMMEDIATE
SUPERVISOR.

(B)      EXCEPTION.

(1)      IF AN EMPLOYEE IS SCHEDULED TO WORK ON A HOLIDAY OR IS
EMPLOYED IN A UNIT THAT PROVIDES A SERVICE CONTINUOUSLY ON A
7-DAY-A-WEEK BASIS, THE EMPLOYEE MAY USE PERSONAL LEAVE ONLY AFTER
OBTAINING APPROVAL FROM THE EMPLOYEE'S APPOINTING AUTHORITY

(2)      IF THE REQUEST IS MADE TO OBSERVE A RELIGIOUS HOLIDAY, THE
APPOINTING AUTHORITY MAY DENY THE REQUEST ONLY IF:

(I)       THE EMPLOYEE'S UNIT PROVIDES A SERVICE. CONTINUOUSLY
ON A 7-DAY-A-WEEK BASIS;

(II)     THE DENIAL IS NECESSARY BECAUSE OF A CRITICAL
SHORTAGE OF STAFF IN THE UNIT; AND

(III)    NO REASONABLE ACCOMMODATION TO THE EMPLOYEE'S.
REQUEST CAN BE MADE.

(3)       IF THE REQUEST IS MADE FOR ANY OTHER REASON, THE
APPOINTING AUTHORITY MAY DENY THE REQUEST ONLY IF THE DENIAL IS
NECESSARY BECAUSE OF A CRITICAL SHORTAGE OF STAFF IN THE EMPLOYEE'S

UNIT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 37(a)(5)(ii) and, as it required notice before
taking leave, the second sentence of § 37(a)(5)(i).

This section is revised to clarify that the requirement for "reasonable
accommodation" applies only to requests to observe religious holidays. See
Ch. 543, Acts of 1988.

Defined term: "Appointing authority" § 1-101

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