Employee Leave Policies
Accrual Rate: All regular full-time employees shall accrue 8 hours sick and safe leave for each full month of creditable service.
Part-time employees shall accrue sick and safe leave at a rate of one hour for every 20 hours worked; however, a part-time employee is not entitled to ear
more than 8 hours per month.
Sick and Safe leave is accrued the last payroll period in a month, and an employee may not use the leave until the first working day of the month following
accrual. A new employee must be employed at least fifteen working days in the initial month of his/her employment to accrue sick and safe leave that month.
Maximum Accumulation: A maximum of 1,600 hours (200 days) is permitted.
Payout of sick and safe leave upon resignation/termination: Accrual of a maximum of 200 days of sick and safe leave is permitted. Payment will be made for 50% of an employee's accrued sick and safe leave up to a maximum of 50 days upon completion of service, provided the employee has a minimum of five (5) years of service. Payment will be made at the grade and step held by the employee at the time of termination or retirement.
Qualifying Family Member(s) and Leave Usage
Refer to Maryland Healthy Working Families Act and/or Family and Medical Leave Act (FMLA) https://www.dol.gov/agencies/whd/fmla
A family member includes a spouse, child, step child, parent, step parent, grandparent, grandchild, or sibling.
Leave Usage: Refer to Maryland Healthy Working Families Act and/or Family and Medical Leave Act (FMLA). An employee is allowed to use earned sick and safe leave under the following conditions: to care for or treat the employee’s mental or physical illness, injury, or condition; to obtain preventative medical care for the employee or the employee’s family member; to care for a family member with a mental or physical illness, injury, or condition; for maternity or paternity leave; the absence from work is necessary due to domestic violence, sexual assault, or stalking committed against the employee or the employee’s family member and the leave is being used: (1) to obtain medical or mental health attention; (2) to obtain services from a victim services organization; (3) for legal services or proceedings; or (4) because the employee has temporarily relocated as a result of the domestic violence, sexual assault, or stalking.
Requests For Leave: Police department employees who are unable to report for duty must notify his/her supervisor or department head as soon as possible, but not later than one hour before the time they are scheduled to report for duty. All other employees must notify their supervisor or department head (voice mail not acceptable) as soon as possible, but no later than one-half hour after the start of work. The employee is to inform the supervisor who needs leave (employee or qualifying family member) and the anticipated duration of the leave illness, if known.
Call In: The employee is to call in each day he/she is not reporting to duty, as stated above, unless this provision is waived by the department head. If a department head has reason to believe that leave privileges are being abused, he/she may require the employee to furnish proof, i.e. a medical certificate, or similar for any period of leave.
Workers' Compensation: If an employee is awaiting potential workers' compensation payments, the employee may request the use of leave. The request must be made in writing to the Director of Human Resources for his/her consideration. Should such request be granted, the employee must sign a written statement that any workers' compensation checks covering the period or periods for which leave has been requested and used, will be endorsed by the employee and remitted to the Director of Finance. If the leave payment advanced by the Town was more than the amount of the workers' compensation check, the employee will be charged the difference for the use of leave.
Fitness for Duty Examination:
a. A department head may request the Director of Human Resources to have a medical investigation made of any employee who loses excessive time or for the purpose of determining whether an employee has any disability which would prevent the employee from the proper performance of his/her duties. The request shall contain a record of absences caused by the disability, ailment, illness or behavior of the employee and the reason for the request.
b. If the Town's appointed physician conducting the medical investigation determines that the employee is unable to continue active employment in his/her current position, or the employee's continued employment creates a danger to the employee or others, the following actions may be taken:
1. To place the employee in a position more commensurate with his/her capabilities; or
2. The employee may agree to voluntary separation; or
3. To place the employee on disability leave; or
4. The filing of written charges for removal, following which an employee may be removed from the work site if his/her condition represents
a threat to the employee or others. If the Town's appointed physician determines that the disability is correctable, the physician shall
determine the time period in which the disability is to be corrected. The employee shall be notified as to the specified time to correct the
disability. If the employee fails to take the steps required by the physician or, required by the Director of Human Resources based on the
recommendation of the physician, within the time specified, the employee SHALL be subject to disciplinary action, up to and including
termination from employment.
c. The Director of Human Resources may refer an employee on leave to the Town appointed physician or another 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.
Non-compliance with this policy: In the event an employee fails to abide by the provisions in this policy, improperly uses sick and safe leave or fails to make restitution to the Town for leave used in relation to a workers' compensation claim, the employee is subject to disciplinary action.
Family and Medical Leave Act (FMLA): As an eligible employee of the Town of Bel Air, you are allowed to take unpaid Family and/or Medical Leave under federal law, the Family and Medical Leave Act (FMLA). https://www.dol.gov/agencies/whd/fmla
EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT
Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:
• for incapacity due to pregnancy, prenatal medical care or child birth;
• to care for the employee’s child after birth, or placement for adoption or foster care;
• to care for the employee’s spouse, son, daughter or parent, who has a serious health condition; or
• for a serious health condition that makes the employee unable to perform the employee’s job.
Military Family Leave Entitlements
Eligible employees whose spouse, son, daughter or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.*
*The FMLA definitions of “serious injury or illness” for current service members and veterans are distinct from the FMLA definition of “serious health condition”.
Benefits and Protections
During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
Employees are eligible if they have worked for a covered employer for at least 12 months, have 1,250 hours of service in the previous 12 months*, and if at least 50 employees are employed by the employer within 75 miles.
*Special hours of service eligibility requirements apply to airline flight crew employees.
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.
Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies.
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.
Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also
may be required to provide a certification and periodic recertification supporting the need for leave.
Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility.
Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
• interfere with, restrain, or deny the exercise of any right provided under FMLA; and
• discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding
under or relating to FMLA.
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.
FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice. Regulation 29 C.F.R. § 825.300(a) may require additional disclosures.
For additional information:
1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627
U.S. Department of Labor Wage and Hour Division
WHD Publication 1420 · Revised February 2013
Maternity leave shall meet the provisions as listed in Title VII, Section 1604.10 of the Civil Rights Act of 1964. Sick and Safe Leave may be used at time of disability caused by pregnancy, miscarriage, abortion, childbirth and recovery therefrom. The employee may stay on and return to the job as long as she has her physician’s approval.
Vacation LeaveOnly Full-time classified employees, with permanent or probationary status, will accrue vacation leave in accordance with the following schedule:
Years of Service Rate of Accrual Maximum Carryover in a 2-Year Period
0-5 6.64/hrs. per month 159.36/hrs.
6-10 10.00/hrs. per month 240.00/hrs.
11-over 13.36/hrs. per month 320.64/hrs.
No vacation leave shall be carried over beyond the second calendar year.
Part-time employees are not eligible for Vacation Leave.
An employee begins accruing leave in the first month of employment if his/her start date is by the 15th of that month; otherwise, the employee begins accruing leave the following month. An employee becomes eligible to use vacation leave after six (6) months of continuous service as a full-time employee. The official leave records are maintained in the Human Resources and Financial Accounting System. Employees may review their leave balances online at any time or request a report by contacting the Human Resources Department.
Vacation leave may be requested in quarter-hour increments. Supervisors must approve vacation leave prior to its use. All requests for three (3) or less days of vacation leave must be submitted to the supervisor at least five (5) working days before the requested leave date. All requests for more than three (3) days vacation leave must be submitted to the supervisor at least twenty (20) working days before the requested leave date. Supervisors may waive the request periods if it is determined that the employee was unable to meet the deadlines because of circumstances beyond the employee’s control. Supervisors shall make every effort to grant the requested vacation leave unless prevailing conditions or events do not permit them to accommodate the employee. In such cases, the supervisor shall reach an equitable agreement with the employee.
An employee shall be paid for unused vacation leave at the time he/she leaves the employment of the Town provided he/she has completed a minimum of one year’s continuous service as a full-time employee. No compensation for vacation leave shall be granted to an employee if he/she resigns or is dismissed prior to completing one full year of continuous service as a full-time employee.
If an employee is injured on duty and awaiting potential worker’s compensation payments, the employee may request the use of vacation leave. The request must be made in writing to the Human Resources Director for his or her consideration. In order to use the leave, the employee must sign a written statement that any workers’ compensation checks covering the period or periods for which vacation leave has been requested, or used, will be endorsed by the employee and given to the Finance Director of the Town. The Finance Director will deduct the vacation leave payments made by the Town for the amount received and will reimburse the employee for any balance. The Finance Director will notify the Human Resources Director that the check has been received by the Town, and the Human Resources Director will credit back to the employee vacation leave equal to the amount of the workers’ compensation check. Any difference between the amount of the workers’ compensation check and the vacation leave payment advanced by the Town will remain charged to the employee as used vacation leave.
In the event an employee fails to make restitution to the Town for vacation leave used in relationship to a workers’ compensation claim, the employee is subject to disciplinary action as detailed in personnel policies II.C.1 and II.C.2. If an employee takes vacation leave and fails to disclose that the leave request is related to a workers’ compensation claim, the employee is subject to disciplinary action as detailed in personnel policies II.C.1 and II.C.2.
Jury Leave and Subpoena
A full-time or part-time employee who has received a jury duty notification or a subpoena to be a witness in court must present such documentation to the appropriate department head immediately.
If the employee is not a party to the legal action the employee shall be permitted time off from work, as necessary, to fulfill the subpoena or jury duty obligations. The employee shall not incur any loss of normal pay or any other benefits to which a full-time or part-time classified employee is entitled. An employee (full-time or part-time) who is a party to the legal action will not receive compensation from the Town of Bel Air unless the employee utilizes available vacation, personal, administrative or accrued compensatory time.
The employee shall present documentation to the department head verifying that he/she was present on the day of jury duty assignment.
Up to three days bereavement leave, with pay, may be granted by the Director of Human Resources for reasons of death or serious illness in the immediate family. Immediate family is defined as spouse, partner, husband, wife, father, mother, step-parent, brother, sister, son, daughter, step-child, father-in-law or mother-in-law. On an individual basis, additional days may be approved by the Town Administrator if extensive travel is involved.
One (1) day bereavement leave may be granted by the Human Resources Director for grandfather, grandmother, brother-in-law and sister-in-law. Any family member who fulfilled the role of immediate family may be treated according to the provisions of immediate family, with a recommendation from the employee’s department head to the Director of Human Resources.
Part-time employees are not eligible for Bereavement Leave.
Personal Leave accrual will be changed from a fiscal year accrual to a calendar year accrual. All Personal Leave not utilized/taken within the 2019 calendar year will be transferred to the employee’s Sick and Safe Leave balance on January 1, 2020. Personal Leave will accrue each January and unused Personal Leave balances will transfer to Sick and Safe Leave each January.
Personal leave is to be used for any personal business deemed appropriate and is subject to approval by Department Heads, except in the Police Department where supervisors may approve personal leave. An employee becomes eligible to use personal leave after ninety (90) days of continuous service for both full-time and part-time employees.
Personal leave may be requested in quarter-hours. If the employee has earned and maintains the maximum number of sick and safe leave hours, the remaining personal hours will be lost/forfeited. Personal Leave is forfeited upon separation of employment for any reason.
Current Employees – Both full-time and part-time employees are entitled to four (4) days or thirty-two (32) hours of personal leave to be awarded on a calendar year basis. All Sworn Officers are entitled to an additional two (2) days or sixteen (16) hours (totaling maximum 6 days or forty-eight 48 hours) personal leave on a calendar year basis. Employees transferred from a non-sworn unit to a sworn unit during the calendar year are entitled to additional personal leave as follows:
Transferred January 1 – March 31 2 days (16 hours)
Transferred April 1 – June 30 1 day ( 8 hours)
Transferred July 1 – September 30 ½ day ( 4 hours)
Transferred October 1 – December 31 0 days ( 0 hours)
New Hires – Employees hired between January 1 and May 31 will be awarded four days or thirty-two (32) hours of personal leave for that calendar year.
Employees hired between June 1 and December 31 will be awarded personal leave as follows:
Date Range: Civilian Employees Sworn Officers
June 1 – June 30 3 days (24 hours) 4 days (32 hours)
July 1 – August 31 2 days (16 hours) 3 days (24 hours)
September 1 – September 30 1 day ( 8 hours) 2 days (16 hours)
October 1 – December 31 0 days ( 0 hours) 0 days ( 0 hours)
Requesting Donated Leave: A request for donated leave is initiated by written justification from the employee to include a statement on the unforeseen circumstances necessitating the leave donation and a doctor's slip detailing the number of expected days of absence. This policy does not prevent employees from (filling in) substituting for other employees as directed by individual department heads.
Eligibility: The employee must have been out of work, for legitimate reasons, for a minimum of forty work hours. The forty work hour provision may be waived by the Director of Human Resources for employees who have not been employed with the Town for one year. The Director of Human Resources, after receiving written recommendation from the department head, may approve the leave donation between employees. Employees who are injured on duty and eligible for workers' compensation leave may not request or receive donated leave. If it is determined that the employee needs more than five days of donated leave and that the employee is eligible for short-term disability, the employee may request donated leave in place of short-term disability. Part-time employees are not eligible for Leave Donation, neither as a recipient nor donor.
Donation of Leave: Donated leave does not have to come from the employee's department. The department head and/or the Human Resources Director will identify employees who are interested in donating accrued leave to the employee.
a. The maximum gift from one employee to another will be five days or forty hours of sick and safe or vacation leave; or one day or eight hours of personal leave; five days or forty hours of compensatory leave; or a combination of these leaves as long as the total donation of leave does not exceed five days or a total of forty leave hours.
b. In the event of an extended employee illness, several employees may grant five or fewer days to maximum allowable transfer of thirty days in any twelve month period. The twelve months start from the first hour of donated leave.
c. An employee requesting donated leave may reserve in his/her leave bank a maximum of forty hours or five vacation leave days. An employee must use all administrative leave, compensatory leave, personal leave, sick and safe leave and vacation leave days, excluding the five allowed vacation leave days detailed above, prior to receiving donated leave.
d. There will not be a pay-back condition attached to the employee's request or grant of donated leave.
e. All accrued leave donated to another employee will be deducted from the balance of leave accrued by donator.
f. If the donated leave request is not for an illness or for a purpose eligible under the Maryland Healthy Working Families Act or Family and Medical Leave Act (FMLA), the employee may not request donations of sick and safe leave.
g. Donated leave must be used by the employee at the time it is donated. If the employee returns to work before all of the donated leave is used, the donated leave will be returned to those donors on a pro-rated basis as determined by the Director of Human Resources.
h. Accrued leave shall always be used prior to donated leave, including leave accrued while absent.
i. The donor with the largest leave balance is the donated leave that would be allocated first, and so on.
Leave with or without pay may be granted by the Town Administrator for valid and sufficient reasons. A request for such leave must be made in writing by the employee to his supervisor except where such leave is of an immediate emergency nature.
i. Administrative Leave
Earned or awarded Administrative Leave may be used for any reason deemed appropriate and is subject to approval by supervisors and/or Department Heads. The maximum accrual amount for Administrative Leave is forty (40) hours at any given time. Exceptions can only be granted by the Town Administrator. Administrative Leave balances may carry over from year to year. Administrative Leave is forfeited upon separation of employment for any reason.
Deferred Compensation Deferred Compensation – An employer deferred compensation (457 Plan) that is provided through the International City Managers Association (ICMA-RA).
The match program is available to all full time employees who have completed one year of service (12 consecutive months of service)
with the Town as follows:
The Town will make a contribution to the employee’s deferred compensation account depending on the bi-weekly payroll contribution of the employee.
If an employee contributes $45 or more a pay, the Town would contribute $30 per pay, and if an employee contributes less than $45 per pay, the
Town would contribute half of the employee’s contribution per pay.
Health Insurance: Full-time employees are provided medical insurance and prescription drug coverage through CareFirst BlueChoice HMO Open Access Integrated CDH Option 4, plus, a Health Savings Account (HSA) via CareFirst's BlueFund.
The cost of monthly health premiums shall be as follows:
Employees that elect to enroll in the CareFirst BlueChoice HMO Open Access Integrated CDH Option 4 HSA BlueFund Plan
the Town will on their behalf contribute 35% of their deductible into a health savings account.
Part time employees may be placed on the Town’s health insurance plan by paying 100% of the premium.
Dental insurance is provided by CareFirst BlueCross BlueShield (CareFirst) BlueDental Plus coverage.
Dental coverage shall be made available to all full time employees. The cost of the premium shall be shared as follows:
Town’s Share 50%
Employees’ Share 50%
Part-time employees may be placed under the Town’s dental plan by paying 100 % of the premium.
Vision coverage shall be made available to all full time employees. The cost of the premium shall be shared as follows:
Town's Share 50%
Employees’ Share 50%
Life Insurance: Each full time employee under the age of 70 shall be provided with life insurance in an amount approximately equal to two times his/her annual salary (maximum $225,000), beginning on the first of the month following the date of active employment. The town shall pay 100% of the premium.
Family & Medical Leave
Familand medical leave is to 12 weeks per year in accordance with the Family Medical Leave Act.
Funeral leave is up to three days for immediate family.
There are 12 holiday days off per year. New Year's Day, Martin Luther King's Birthday, Columbus Day, President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day.
Military leave of up to three weeks per year with no loss in pay for Reserve or National Guard Training. Active Duty or national emergency up to a maximum of five years or in accordance with State and Federal regulations.
Full-time and part-time employees are eligible. All employees hired between July 1 and November 30 are awarded 32 hours of personal leave for the fiscal year. Employees hired between December 1 and June 30 are awarded personal leave as follows:
- December 1 – December 31, 24 hours
- January 1 – February 28, 16 hours
- March 1 – March 31, 8 hours
- April 1 – June 30, 0 hours
The town has two defined benefit plans for full-time employees – Sworn Officers Plan (requires employee contribution of 11.62% of base salary) and Civilian Employees Plan (requires employee contribution of 5.9% of base salary). The town contributes 8.7% of the employee's base salary to both Plans.
Full-time and part-time employees are eligible. Accrual begins the first day of the month after the employment date. The maximum accumulation of sick leave is 1,600 hours.
- Eight hours per month for full-time employees
- Sick leave is prorated for part-time employees according to the number of actual hours worked in a month.
- Employee Assistance Program
- Vision Plan Advantica Eye Care
- Short-term and Long-term Disability
- Flexible Spending Accounts for Health Expenses on a Pre-tax Basis
- HSA (Health Savings Account)
- Service, Safety and Attendance Award Program