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226.0 VII-7.45-POLICY ON SICK LEAVE
(Approved by the Board of Regents December 5, 1997)
I. Purpose and Applicability
This policy governs the accrual and use of sick leave, and
applies to all regular Nonexempt and Exempt employees of the
University System of Maryland.
II. General
A. Sick leave is paid leave granted to employees in an
effort to provide some protection against the loss of
earnings due to absences for health and allied reasons.
B. A full-time employee shall earn sick leave at the rate of
15 workdays per year. Employees who are appointed at
least 50% time shall earn sick leave on a pro rata basis.
Sick leave is accumulated and carried forward from year
to year without limit.
C. An employee may use on a continuous basis earned leave
(sick, annual and personal leave), advanced sick leave,
extended sick leave, leave granted through the leave
reserve fund, or unpaid family medical leave, as needed
for personal illness.
D. An employee may request that his/her illness, injury, or
disability occurring during a period of annual or
personal leave be charged to sick leave. Verification of
such illness, injury, or disability may be required by
the Chief Executive Officer or designee as provided in
Section IV. of this Policy.
E. Sick leave shall be granted by the Chief Executive
Officer or designee when an employee is absent because
of:
1. Illness, injury, or disability of the employee.
2. A pre-scheduled and approved, or emergency medical
appointment, examination, or treatment for the
employee with an accredited, licensed or certified
medical provider listed in Section IV.C. of this
Policy that cannot be scheduled during non-work
hours.
3. Illness or injury in the employee's immediate
family and medical appointments, examinations or
treatments for the immediate family member with an
accredited, licensed or certified medical provider
listed in Section IV.C. of this Policy that cannot
be scheduled during non-work hours.
a) Immediate family as used in this section of
the policy shall mean a spouse, child, step-
child, grandchild, mother, father, mother-in-
law, father-in-law, brother, sister,
grandparent, brother-in-law, sister-in-law, or
legal dependent of the employee irrespective
of residence. Use of sick leave shall also be
granted to care for any other relative who
permanently resides in the employee's
household for whom the employee has an
obligation to provide care. The Chief
Executive Officer or designee may require an
employee to provide certification by a medical
provider listed in Section IV.C. of this
policy to demonstrate this obligation or to
authenticate the need for the employee to care
for the ill family member.
b) Up to fifteen (l5) days of accrued sick leave
shall be granted by the Chief Executive
Officer or designee during any one (1)
calendar year for medical care of a family
member.
4. Death of a relative
a) For the death of a close relative, the Chief
Executive Officer or designee shall grant the
use of up to three (3) days of accrued sick
leave. If the death of a close relative
requires an employee to travel requiring
staying away from home overnight, upon request
the Chief Executive Officer or designee shall
grant the use of up to a maximum of five (5)
days of accrued sick leave for this purpose.
b) Close relative as used in this section of this
policy shall mean a spouse, child, step-child,
mother, father (or someone who took the place
of a parent), mother-in-law, father-in-law,
grandparent of the employee or spouse,
grandchild, son-in-law, daughter-in-law,
brother, sister, brother-in-law, sister-in-
law, or other relative who permanently resided
in the employee's household.
c) The Chief Executive Officer or designee shall
grant the use of up to a maximum of one (1)
day of sick leave for reasons related to the
death of the employee's or his/her spouse's
aunt, uncle, niece, nephew.
5. Pregnancy-related disabilities, childbirth, and
immediate recovery therefrom
a) A female employee may request the use of
accrued sick leave for any period of time
related to temporary disability during
pregnancy or related to childbirth and
immediate physical recovery therefrom.
b) A female employee planning to request the use
of sick leave for the purposes listed in this
subsection shall be governed by the provisions
of this policy.
c) The employee shall keep the Chief Executive
Officer or designee informed of any changes to
her condition which affect the length of time
that she will need to be away from work.
6. Birth of a child or placement of a child with the
employee for adoption
a) Up to a maximum of 30 days of accrued sick
leave may be used to care for a child
immediately following the birth of a child or
placement of the child with the employee for
adoption. In the case of an adopted child,
sick leave is only available in connection
with a formal adoption and shall be granted
only if the employee making the request is the
person having primary responsibility for
furnishing the care and nurture of the
adoptee. In the event that both parents are
USM employees, sick leave to care for the
child, as provided under this section, is
available to only one parent.
b) The Chief Executive Officer or designee shall
grant the employee's request if the employee
has furnished satisfactory documentation of
the birth of the employee's child or an
agreement of placement for adoption.
F. An employee who returns to regular USM service within two
years of separation shall have the unused sick leave
earned during the prior service restored, provided the
employee returns to a position eligible to earn sick
leave.
III. Directed Use of Sick Leave/Medical Examinations
A. The Chief Executive Officer or designee, in accordance
with the institution's policy on Family and Medical
Leave, may direct an employee to use accrued sick leave
if he/she determines that an employee is unable to
perform the responsibilities of his/her position due to
illness, injury or disability.
B. While in either active work status or on any type of
employee-related sick leave, an employee may be required
to undergo a medical examination(s) and evaluation(s),
and may be required to provide verification of fitness
for duty, as directed by the Chief Executive Officer or
designee to ascertain whether the employee is able to
regularly and routinely perform the responsibilities of
his/her position.
1. If the examination is conducted by a physician
selected by the USM institution, the institution
shall bear the costs of such medical examination.
The employee may, however, see his/her own
physician at the employee's own cost.
2. If the examination(s) reveal that an employee is
unable to regularly and routinely perform the
responsibilities of his/her position, action may be
taken by the Chief Executive Officer or designee in
accordance with policies on voluntary separation,
termination, reasonable accommodation, modified
duty or disability retirement, if applicable.
3. In cases where there is a conflict between the
evaluation, prognosis, diagnosis or recommendation
of the employee's personal health care provider and
the physician selected by the USM institution, the
Chief Executive Officer or designee may choose
which health care provider's report to follow; or
may require subsequent medical examinations and
evaluations in deciding what steps should be taken
regarding the employee's sick leave status or
continued employment. If subsequent medical
examinations and evaluations are required, the
expense of such shall be borne by the USM
institution. The decision of the CEO or designee
is final.
IV. Verification of Absences Charged to Sick Leave
A. In order to assure medical attention for an employee or
to prevent the abuse of sick leave usage, the Chief
Executive Officer or designee may require an employee to
submit verification of the use of accrued sick leave,
advanced or extended sick leave.
B. Verification may include but may not be limited to:
1. A written statement from the medical provider (as
listed in Section IV.C. of this Policy) indicating
that the employee is required to be absent from
work due to illness;
2. The duration of absence from work;
3. Prognosis of employee's ability to return to work;
4. Title and original signature of an accredited,
licensed or certified medical provider; and
5. Any other information necessary to verify that the
employee's use of sick leave is in accordance with
this Policy;
C. Medical verification as outlined in this Policy may be
obtained by an accredited Christian Sciences
practitioner, or by the appropriate of any of the
following licensed or certified medical providers:
1. Physician;
2. Physical Therapist;
3. Clinical Psychologist;
4. Dentist;
5. Oral Surgeon;
6. Chiropractor;
7. Podiatrist;
8. Certified Nurse Practitioner;
9. Certified Nurse-Midwife; or
10. Licensed Certified Social Worker-Clinical
V. Advanced Sick Leave
A. An employee who sustains a temporary, recoverable
illness, injury or serious disability may request advance
use of sick leave subject to the following four
conditions:
The employee shall:
1. have completed six months of continuous USM
service;
2. have completed an original probation period, if
applicable;
3. have exhausted all other types of accrued leave;
and
4. have a satisfactory record of sick leave usage and
work performance.
B. Advanced sick leave is not an entitlement. The granting
of requests for advanced sick leave shall be at the
discretion of the Chief Executive Officer or designee.
C. Advanced sick leave shall not be granted in instances
where the illness or injury or disability occurred on the
job, and the employee has been granted accident leave or
temporary total disability benefits by the Workers'
Compensation Commission.
D. Written requests for advanced sick leave shall be
submitted to the Chief Executive Officer or designee and
shall be supported by written verification by an
accredited, licensed, or certified medical provider as
outlined in Sections IV.B. and IV.C. of this Policy.
E. Sick leave may be advanced at the rate of fifteen (15)
working days per year of service to a maximum of sixty
(60) working days in any one calendar year.
F. The use of advanced sick leave constitutes a debt for
which payment shall be enforceable upon the employee's
return to work or upon the employee's separation from
employment, whichever is earlier. Upon return to work
the minimum rate of payback for advanced sick leave shall
be at one-half the rate that sick leave and annual leave
is earned. An employee may elect to pay back advanced
sick leave by applying any earned leave or by reimbursing
the USM with cash.
G. Annual, sick and holiday leave earned, and personal leave
credited while on advanced sick leave shall be applied as
earned/credited.
H. Additional requests for advanced sick leave will not be
granted until all previously granted advanced sick leave
has been repaid. The only exception to this provision is
in cases where the maximum amount of advanced sick leave
had not been requested originally and additional advanced
sick leave, consecutive to that already granted, is
needed to cover the employee's continued absence arising
from the original illness, injury or disability.
I. The CEO or designee may refer an employee who is on
advanced sick leave as follows:
1. The employee may be referred to an USM institution-
named physician for periodic examinations to
determine the nature and extent of the illness, the
employee's progress toward recovery, the length of
time necessary for recovery, and an estimated date
of return to work.
2. If there is a conflict between the employee's
physician and the USM institution-named physician,
the provisions of Section III.B.3. shall apply.
VI. Extended Sick Leave
A. An employee who sustains a temporary, recoverable
illness, injury or serious disability may request
extended sick leave, subject to the three following
conditions:
The employee shall:
1. have been in USM and/or State service for at least
five years;
2. have exhausted all types of accrued leave and
advanced sick leave; and
3. have a satisfactory record of sick leave usage and
work performance.
B. Extended sick leave is not an entitlement. The granting
of requests for extended sick leave shall be at the
discretion of the Chief Executive Officer or designee.
C. The maximum cumulative total of extended sick leave
available to an employee while in USM or State service is
12 work months (52 work weeks).
D. Annual, sick and holiday leave earned, and personal leave
credited while on extended sick leave shall be applied as
earned/credited.
E. Written requests for extended leave shall be submitted to
the Chief Executive Officer or designee and shall be
supported by written verification by an accredited,
licensed or certified medical provider as outlined in
Sections IV.B. and IV.C. of this Policy.
F. The CEO or designee may refer an employee who is on
extended sick leave as follows:
1. The employee may be referred to an institution-
named physician for periodic examinations to
determine the nature and extent of the illness, the
employee's progress toward recovery, the length of
time necessary for recovery, and an estimated date
of return to work.
2. If there is a conflict between the employee's
physician and the institution-named physician, the
provisions of Section III.B.3. shall apply.
VII. Other
For other related policies, please see Policy on Leave Without
Pay, Policy on Leave Reserve Fund, Policy on Family and
Medical Leave, and Policy on Accident Leave.
IMPLEMENTATION PROCEDURES:
Each Chief Executive Officer shall identify his/her designee(s) as
appropriate for this policy; shall develop procedures as necessary
to implement this policy; shall communicate this policy and
applicable procedures to his/her institutional community; and shall
forward a copy of such designations and procedures to the
Chancellor.
Replacement for:
UM-BOR III - ll.00, Sick Leave Policy for Full-Time Faculty Members
and for Administrators of Academic Programs. (Note: UMS II - 2.30
approved by BOR to cover faculty only.)
UM-BOR III - 11.01, Guidelines for Adoption Leave.
UM Personnel Policies and Rules for Classified Employees, Section
VI, Leave with Pay, Sick Leave, page VI-4 - VI-10; Leave for
Childbirth and Related Disabilities, pages VI-10 - VI-11; Adoption
Leave, page VI-11.
UM Personnel Policies and Rules for Associate Staff, Section I,
Leave with Pay, 1. Sick Leave, subsections a.-g., pages 19-22; 4.
Leave for Death in EmployeeÚs Immediate Family, page 26; and
Section K, Leave for Childbirth Related Disabilities, page 30.
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