For Employees DONATING Leave to Other Employees:
- Employees may voluntarily donate unused annual, sick or personal leave to another employee.
- An employee who donates sick leave to another employee must maintain a sick leave balance of at least 240 hours after the donation is deducted.
- An employee who donates leave shall designate the recipient of the leave.
- (New) If an employee who receives leave does not use all of the donated leave, the remaining hours of leave shall be restored to the employee(s) who made the donation, by their Appointing Authority (COMAR 17.04.11.22.J.2).
To donate leave to another employee
, please complete Part I
of the State Employee-to-Employee Leave Donation Form (MS-405) and submit the form to your HR Office. You should also provide a copy of the form to the employee to whom you are making the donation. The form is available from your HR Office or on this page (see below).
For Employees RECEIVING Leave from Other Employees:
To qualify for leave from the Employee-to-Employee Leave Donation Program, an employee must:
- have exhausted all available annual, personal, sick and compensatory leave because of:
- a personal serious and prolonged medical condition that exists at the time the leave is donated; or
- a catastrophic illness or injury of a member of the employee’s immediate family for whom the employee is needed to provide direct care. Catastrophic illness or injury is defined as a condition that is incapacitating or life threatening as certified by a health care provider. An employee may use leave from another employee to care for a family member only after obtaining approval from the employee’s appointing authority. The appointing authority’s approval is discretionary and denial may be based on any reason which is consistently applied and is not illegal or unconstitutional.
- qualify for the use of sick leave under the requirements of the employee’s personnel system;
- must provide sufficient medical documentation to substantiate absence for the time period covered by the Employee-to-Employee Leave request;
- in all likelihood be able to return to work;
- have received less than 2,080 hours of leave from the Leave Bank and the Employee-to-Employee Leave Donation Programs; and
- not have used more than 16 continuous months of leave from the Leave Bank, Employee-to-Employee Leave Donation Program and all other forms of paid leave.
To request leave from another employee, please complete Part II of the State Employee-to-Employee Leave Donation Form (MS-405). You must also have the treatment provider complete an Employee-to-Employee Leave Donation Program Medical Certification Form (MS402-EE) and provide medical records that address the absence for which Employee-to-Employee Leave is requested. The request packet is available from your HR Office or on this page (see below). Please submit completed forms and medical documentation to your HR Office.
For Employees who are DENIED Leave Donations and wish to APPEAL:
To appeal a denied request for leave from the State Employee-to-Employee Leave Donation Program, you must submit a “Request to Appeal Packet” (State Employee-to-Employee Leave Donation – Request to Appeal (Form MS406-EE) and the Authorization Form for Review of Records Information (this document authorizes the use and/or disclosure of confidential protected health information; this is not used to request medical records or information on the employee’s behalf).
Follow the instructions on your Denial Letter to submit your Appeal forms, with any additional medical documents you wish to have reviewed. It is the employee’s responsibility to provide sufficient medical documents to support your appeal.
Employee-to-Employee Leave Donation Forms