WILLIAM DONALD SCHAEFER, Governor                           Ch. 10

(1)      THE ANTICIPATED WORKLOAD OF THE EMPLOYEE'S UNIT FOR THE
PERIOD OF THE LEAVE; AND

(2)      ANY POTENTIAL DISRUPTION TO THE EFFICIENT OPERATION OF
THAT UNIT.

REVISOR'S NOTE: Subsection (a) of this section is new language added to state
expressly that approval is required before an employee may take family or
seasonal leave.

Subsection (b) of this section is new language derived without substantive
change from former Art. 64A, § 37C(b) and (d)(2).

In subsections (a) and (b) of this section, the term "appointing authority" is
substituted for the former reference to a "head of the agency" for clarity and
to conform to COMAR 06.01.01.43H.

Defined term: "Appointing authority" § 1-101

7-905. EFFECTS OF FAMILY OR SEASONAL LEAVE.

(A)     POSITION TO REMAIN AVAILABLE.

THE APPOINTING AUTHORITY SHALL ASSURE THAT THE EMPLOYEE'S
POSITION IS AVAILABLE TO THE EMPLOYEE AFTER THE EMPLOYEE HAS USED
APPROVED FAMILY LEAVE OR SEASONAL LEAVE.

(B)     EFFECT OF LEAVE ON EMPLOYEE RETIREMENT.

THE PERIOD OF FAMILY OR SEASONAL LEAVE MAY NOT BE COUNTED AS TIME
IN STATE SERVICE FOR RETIREMENT OR ANY OTHER PURPOSE.

(C)     EFFECT OF LEAVE ON EMPLOYEE BENEFITS.

(1)      ALL EMPLOYEE BENEFITS, INCLUDING HEALTH CARE, ARE
SUSPENDED DURING A PERIOD OF FAMILY OR SEASONAL LEAVE.

(2)      NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION, AN
EMPLOYEE MAY CONTINUE, AS ALLOWED BY LAW OR REGULATION, ANY BENEFIT
DURING THE PERIOD OF FAMILY OR SEASONAL LEAVE BY PAYING THE FULL COST
OF THE BENEFIT, INCLUDING THE SHARE ORDINARILY PAID BY THIS STATE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 37C(d)(4) and (6), and § 37C(f).

In subsection (a) of this section, the term "appointing authority" is substituted
for the former reference to "employer" for consistency. See § 7-904 of this
subtitle and its accompanying Revisor's Note.

Defined terms: "Appointing authority" § 1-101
"Position" § 1-101

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