Human Resources Policy Manual
Sick leave is absence with pay for time lost due to a bona fide non-work related illness or injury, pregnancy, or dental or medical appointments of eligible staff members. In the event that the illness, injury or medical /dental appointment of a staff member's child, spouse, same sex domestic partner, or parent requires the absence of the staff member, such absence can be charged to accrued sick leave as provided in items C 2.
The reason for taking sick leave may qualify as a 'serious health condition' under the Family and Medical Leave policy. If the staff member qualifies and the reason for taking the sick leave qualifies, the Family and Medical Leave policy must be followed. (See Section 15).
Full-time staff members who work at least 37.5 hours per week accrue sick leave at the rate of 1 day per month to a maximum of 90 days.
Full-time staff members who work less than 37.5 hours and part-time staff members who work on a regularly scheduled basis accrue sick leave on a pro rata basis to a maximum of 90 days.
Limited-time, temporary and casual staff members do not accrue sick leave and are not eligible for leave of absence.
Staff members who are on leave of absence without pay for more than 11 working days during a calendar month do not earn sick leave for that month.
Sick leave accrual begins the month the staff member begins working if the starting date is the tenth of the month or earlier; otherwise, accrual begins the following month. Accrual continues through the month of termination if the date of termination is the twentieth of the month or later. Accrued sick leave is available the first of the month following accrual.
A staff member who must be absent due to non-work related illness or injury, pregnancy, or dental or medical appointments must notify his/her supervisor or designee in accordance with department procedures. Staff members may be required to furnish a written physician's statement.
- Maryland Flexible Leave Act
- A staff member who must be absent due to the illness or injury of an immediate family member or to accompany an immediate family member to a dental or medical appointment can charge the absence to accrued leave (sick, vacation or floating holiday).
Immediate family member: spouse, same sex domestic partner, child and parent
Spouse: husband or wife
Same sex domestic partner: two non-related adults of the same sex, both of whom are at least 18 years of age, are committed as a family in a long-term relationship of indefinite duration and are socially, emotionally, and financially interdependent in an exclusive mutual commitment in which they agree to be responsible for each other’s common welfare and share financial obligations. The definition covers same sex partner relationships that have been registered with the Benefits Administration Office and not persons who are cohabitating simply as roommates.
Child: a biological, adopted or foster child, a stepchild, or a legal ward who is under the age of 18 years or at least 18 years old and incapable of self-care due to a mental or physical disability.
Parent: a biological, adoptive or foster parent, a step parent, a legal guardian, or a person standing in loco parentis.
- When the absence qualifies for Family and Medical Leave, the staff member can elect the accrued leave to be charged.
- The staff member must follow department procedures for reporting an absence.
- When requesting leave, the staff member needs to identify the immediate family member, the relationship and the leave to be charged. Confirmation of the relationship may be required (examples: birth certificate, marriage certificate, adoption document, benefits same sex domestic partner document, etc.).
The information is needed to determine whether the leave qualifies for Family and Medical Leave.
- A written statement from the attending physician may be required. If the absence is three or more consecutive workdays or parts of three consecutive workdays, a medical certificate is required.
- Non-exempt staff may take sick leave in increments of a hour. Exempt staff may take sick leave in increments of not less than one-half day.
NOTE: These leave limitations do not apply when sick leave is used for approved Family and Medical Leave.
Paid sick leave cannot be taken in advance of being earned. If paid sick leave is exhausted, non-exempt staff may charge absence to accrued vacation or leave of absence without pay. Exempt staff may charge absences to vacation or, if one day or more, to leave of absence without pay. If the staff member and the reason for taking sick leave qualify under the Family and Medical Leave policy, pay for exempt staff members may be reduced for intermittent leave of less than one day.
Staff members who elect to return to work following sick leave or authorized leave of absence for health reasons are granted full reinstatement rights.
Staff members absent on paid sick leave continue to accrue sick leave and vacation. University holidays occurring during sick leave are not charged to sick leave. If a staff member is on sick leave and the University officially closes, the time the University is officially closed will not be charged to accrued sick leave. However, the University must be officially closed for at least one-half day.
If a staff member does not expect to return to work following sick leave and/or leave of absence, the individual should submit a written resignation to be effective at the end of the authorized sick leave/leave of absence period.
Staff members who have been absent due to serious illness must provide statements from their licensed health care provider stating that they are able to return to work before being allowed to return. Individuals must notify their supervisors immediately upon release from their licensed health care provider in order to arrange for an appropriate reporting back to work date.
- Procedures for Administering Maryland's Flexible Leave Act
Staff members transferring from one department to another department within the University retain their accrued sick leave.
Staff members transferring from faculty or appointed positions are credited with 1/2 day of sick leave for each complete month of prior full-time service not to exceed the maximum staff accrual.
Staff members transferring from a benefits eligible status to a non-benefits eligible status, faculty position, appointed position or student classification will lose accrued sick leave.
At termination, staff members are not paid for unused accrued sick leave.
Staff members terminated for lack of funds or abolishment of position and rehired within a twelve month period are credited with unused sick leave outstanding at the time of termination.
Support and senior staff who retire after completing 30 or more years of continuous full-time or part-time University service immediately prior to retirement or who retire at 55 years of age or older and have at least 10 years of continuous full-time or part-time University service immediately prior to retirement, can convert accrued, unused sick leave in excess of 45 days of accrual to cash payment. The maximum number of sick leave days that can be accrued is 90 days and the maximum number that can be converted to cash payment is 45 days.
A staff member who has been employed for one continuous year in a benefits eligible status and resigns in good standing will be eligible to have credited unused sick leave outstanding at the time of the termination if the staff member returns to a benefits eligible position within six (6) months of termination date.
A staff member approved for long term disability insurance benefits will be placed on a leave of absence without pay. Staff members who are unable to return or do not return to work at the end of a specified leave period may be terminated in accordance with university policy. Where the leave period is of an unspecified duration, the staff member will be terminated one year from the date of continuous total disability.