Department of Natural Resources Policy
DNR Sick Leave Policy
Policy Number: 03:03
SUPERCEDES: 92:06
Effective Date: March 4, 2003
This policy is established to ensure uniform administration of the laws, rules and regulations pertaining to the use of sick leave by all employees of the Department. The legal and regulatory authority for this policy is in the State Personnel and Pensions Annotated Code of Maryland Title 9, Subtitle 5 and the Code of Maryland regulations 17.04.11.05.
The Department supports a number of statewide programs to promote the health and well being of all employees and encourages each and every employee to participate in these health programs. The benefit of sick leave has been established to provide employees an economic safety net when illness does occur. It is viewed as an extremely valuable employee privilege, which should be conserved and used only when absolutely necessary. It is never to be thought of as leave to be used in lieu of holiday or annual leave, but rather as an additional health insurance program, which increases in value as leave is accumulated. The advantage to the employee who views his/her State career as short-term, is in payment when illness does occur, the employee who envisions the State as the long-term career employer has the added benefit of applying accumulated sick leave towards retirement credit.
A. ELIGIBILITY
In accordance with State law, employees are entitled to sick leave with pay:
1. for illness or disability of the employee;
2. for death, illness, or disability of a member of the employee’s immediate family;
3. following the birth of the employee’s child;
4. when a child is placed with the employee for adoption; or
5. for a medical appointment of the employee or a member of the employee’s immediate family. (“Immediate family” is defined in accordance with COMAR 17.04.11.06)
B. NOTIFICATION
When an employee is unable to work due to circumstances provided in Section A, the employee or employee’s designee will notify his/her immediate supervisor or designee at the worksite at a time as established by existing agency policy/practice, unless extenuating circumstances preclude this notification. When an employee calls in accordance with established practice or policy, he/she shall leave a message if the supervisor or supervisor’s designee is unavailable, or the Employer may instruct an employee to call a secondary number, and the employee will not be required to call back. The employee or designee must call each day of the absence until the employee notifies the Employer of a date he/she will return to duty. The Employer shall not ask the employee to provide information as to his/her diagnosis or condition except as permitted by applicable law.
C. CERTIFICATE OF ILLNESS FOR ABSENCES FOR FIVE OR MORE CONSECUTIVE DAYS
The Employer may require an employee to provide an original certification of illness or disability only in cases where an absence is for five (5) or more consecutive workdays or in accordance with the procedures described in Section 4 below. The certificate required by this Section shall be signed by a health care provider in accordance with applicable law (SP&P 9-504).
D. CERTIFICATE OF ILLNESS FOR ABSENCES OF LESS THAN FIVE CONSECUTIVE DAYS
The Employer may require an employee to submit documentation of sick leave use on the following conditions:
1. When an employee has a consistent pattern of maintaining a zero or near zero sick leave balance without documentation of the need for such relatively high utilization; or
2. When an employee has six (6) or more occurrences of undocumented sick leave usage within a twelve (12) month period. Sick leave use that is certified in accordance with the Article shall not be considered as an occurrence.
E. PROCEDURES FOR CERTIFICATION REQUIREMENT
Prior to imposing a requirement on an employee for documentation of sick leave use the Employer shall orally counsel the employee that future undocumented absences may trigger a requirement for certification of future instances of sick leave. If the employee has another undocumented absence after such counseling, the Employer may then put the employee on written notice that he/she must certify all sick leave usage for the next six (6) months if the undocumented absences accumulate in accordance with section D. At the conclusion of the six (6) months, the certification requirement will be rescinded provided the employee has complied with the certification requirement. If the employee has not complied with the certification requirement, the requirement shall be extended for six (6) months from the date of the lack of compliance with the requirement. Although a requirement for certification is not disciplinary action, an employee may grieve allegations of misapplication of this procedure.
F. CHRONIC CONDITION
Employees who suffer from chronic or recurring illnesses or disabling conditions, which do not require a visit to a health care provider each time the condition is manifested, shall not be required to provide certification for each absence provided a general certification is provided unless the absence is for five (5) or more consecutive days. Such frequent absences shall also not be used as the basis for a certification requirement. Unless the employee has a condition identified as a permanent disabling condition, the Employer may require certification and follow up reports from a health care provider no more frequently than every six (6) months of the continued existence of the chronic condition.
G. ACCEPTABLE DOCUMENTATION
For the purposes of absences of less than five (5) consecutive days, acceptable documentation shall consist of the following:
1. A certificate from a health care provider that the employee (or member of the employee’s immediate family) visited the office and/or the employee was unavailable for duty for the reasons specified in Section A on the day or dates of absence. For absences of four (4) hours or less, at the employee’s option, he/she may submit a copy of the universal health insurance claim form or similar document from the health care provider’s office showing the name of provider, the date of treatment, and address/telephone number of the provider.
2. An employee who works less than his/her full work day due to having to provide care to the employee’s child or member of his/her immediate family shall not be required to provide certification from an acceptable health care provider unless management has a basis to believe sick leave is being used for a purpose other than described in Section A above. Sick leave use in such circumstances shall not count as an occurrence under Section D.
ALL DOCTOR’S CERTIFICATES ARE TO BE TREATED AS CONFIDENTIAL, AVAILABLE ONLY TO THE EMPLOYEE AND THOSE IN THE EMPLOYEE’S CHAIN OF COMMAND AND THE UNIT ATTENDANCE CONTROL OFFICER (DESIGNATED BY EACH UNIT). CERTIFICATES ARE TO BE LOCKED UP SECURELY.
H. DISCIPLINARY ACTION
The Employer may take appropriate disciplinary action against an employee for using sick leave for purposes other than described in law or this Policy; for failing to properly notify the Employer of the use of sick leave, or failure to provide appropriate documentation when properly required to do so.
The Employer may not penalize an employee with regard to scheduling, overtime eligibility, performance evaluations or other right of benefit for sick leave usage or for being subject to a documentation requirement. This does not preclude appropriate disciplinary action for use of sick leave for purposes other than described in Section A. The procedures described in the Policy, and disciplinary procedures, shall be the sole procedures available to address issues related to sick leave use and abuse.
IV. APPLICATION
Control of sick leave is one of the essential responsibilities of management personnel at every level in the organization and must be an integral part of the management process. Excessive use of sick leave is an individual problem, so each case must be given careful review and consideration of any special problems the employee may be experiencing. Often excess sick leave usage is masking a more serious problem and may be the employee’s cry for help. The primary responsibility for controlling absenteeism of any kind rests with the first line supervisor. Effective control of sick leave is enhanced when supervisors are aware of the reasons for the employee’s absence, regardless of the employee’s record of absenteeism.
The success of this policy in controlling sick leave lies in consistent application tempered with good judgment. All levels of management are to support supervisors in carrying out this policy. Assistance to Supervisors in record review, counseling, disciplinary actions and the Employee’s Assistance Program referral are provided by the DNR Employee Relations Section at (410)260-8083.
Posted February 3, 2004