Current through Register Vol. 51, No. 19, September 20, 2024
A. Amount of
Paid Accident Leave. The Service may grant up to 24 hours of paid accident
leave to an employee beginning on the first day, or any portion thereof, of
absence from work because of an accidental personal injury sustained by the
employee in the actual performance of the employee's job duties, and which is
determined to be compensable according to the Maryland Workers' Compensation
Law, Labor and Employment Article, Title 9, Annotated Code of
Maryland.
B. Advanced Accident
Leave. The Service may grant additional advance accident leave, of up to 6
months, to an employee while the employee is awaiting a compensable injury
decision from the Service's Workers' Compensation insurer or a compensable
disability decision from the Service's disability insurer.
C. Use of Accident Leave.
(1) The Service shall inform an injured
employee or someone on the employee's behalf of the employee's right to file a
claim for compensation with the Workers' Compensation Commission.
(2) If the Workers' Compensation Commission
order determines that an employee's injury is not compensable, or in the
absence of a Workers' Compensation Commission order, if the Service's Workers'
Compensation insurer makes a determination of noncompensability, the Service
shall amend the employee's accident leave to leave with pay, or, if the
employee does not have leave with pay credited, to leave of absence without
pay. The employee shall reimburse the Service for any accident leave received
which is not chargeable to leave with pay.
(3) An employee's accident leave ends upon
the earliest of:
(a) A physician certifying in
writing that the employee is capable of performing the physical tasks required
of the employee's position;
(b)
First receipt by the employee of any compensation from either the Service's
Workers' Compensation or disability insurer; or
(c) The end of 6 months or any extension of
advance accident leave granted by the Service.
D. Accident Leave Pay.
(1) The Service shall pay an employee on
accident leave or advanced accident leave at a rate which equals 66.666 percent
of the employee's base wage rate.
(2) An employee is not entitled to receive
both accident leave pay and compensation from either the Service's Workers'
Compensation or disability insurer. If an employee on accident leave is also
compensated by the Service's Workers' Compensation or disability insurer, then
the use of accident leave by the employee constitutes a debt for which payment
is enforceable upon the employee's return to work, and which continues to be
enforceable upon the employee's termination of employment with the
Service.
(3) An employee obligated
to repay to the Service accident leave under §D(2) of this regulation
shall repay advanced accident leave:
(a) In
cash;
(b) By applying credited
annual leave, personal leave, or sick leave to the amount of accident leave
owed; or
(c) By permitting the
Service to deduct the amount from a benefit payment made to the employee from
the Service's Workers' Compensation or disability insurer.
