1. A. Payment of annual leave upon separation from service shall be made in accordance with State Personnel and Pensions Article, §§9-305 and 9-306, Annotated Code of Maryland.

2. B. Compensatory Time. In accordance with State Personnel and Pensions Article, §9-901, Annotated Code of Maryland, upon separation from State service, a Fair Labor Standards Act (FLSA) exempt full-time employee shall be compensated in cash for unused compensatory time for up to a maximum of 2 working days. Payment to a Fair Labor Standards Act (FLSA) exempt, part-time employee for unused compensatory time is prorated on the basis of 2 working days as determined by the percentage of employment. Upon separation from State service, a Fair Labor Standards Act (FLSA) nonexempt employee shall be compensated for accrued Fair Labor Standards Act (FLSA) compensatory time at a rate of compensation equal to the greater of:

   1. (1) The average regular rate received by the employee during the last 3 years of employment; or
   2. (2) The final regular rate received by the employee.
3. C. When an employee separates from State service, the employee's last leave record shall be retained by the unit for a period of not less than 4 calendar years from the separation date. If an employee is reinstated in another unit, the new unit shall request the former unit to forward the employee's leave record.
4. D. Severance Pay Guidelines. The Secretary may adopt guidelines governing severance pay.
5. E. Once an employee has given notice of resignation, the employee may not use more than 10 days of annual leave, personal leave, or compensatory leave, or any combination of those types of leave, between the time notice is given and the effective date of resignation.

Authority: State Personnel and Pensions Article, §§4-106, 9-101, 9-302, and 9-1108, Annotated Code of Maryland

Effective date: March 23, 1998 (25:6 Md. R. 490)

For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance.

Regulation .02 amended effective August 24, 1998 (25:17​ Md. R. 1361)

Regulation .03 amended effective October 23, 2017 (44:21 Md. R. 985)

Regulation .04E amended effective November 24, 2014 (41:23 Md. R. 1376)

Regulation .04H amended effective November 14, 2022 (49:23 Md. R. 997

Regulation .05I adopted as an emergency provision effective September 16, 2009 (36:21 Md. R. 1588); emergency status expired March 15, 2010

Regulation .05I adopted effective May 31, 2010 (37:11 Md. R. 766)

Regulation .06 amended effective August 24, 1998 (25:17 Md. R. 1361); July 1, 2000 (27:12 Md. R. 1142); October 30, 2000 (27:21 Md. R. 1977)

Regulation .08C amended effective August 24, 1998 (25:17 Md. R. 1361)

Regulation .20 amended effective May 29, 2000 (27:10 Md. R. 968)

Regulation .21 amended effective August 24, 1998 (25:17 Md. R. 1361); July 1, 2000 (27:12 Md. R. 1142)

Regulation .22 amended effective July 1, 2000 (27:12 Md. R. 1142); December 25, 2000 (27:25 Md. R. 2284)

Regulation .22D amended effective July 21, 2014 (41:14 Md. R. 799)

Regulation .22J amended effective September 15, 2003 (30:18 Md. R. 1260); September 24, 2018 (45:19 Md. R. 866)

Regulation .23 amended effective July 1, 2000 (27:12 Md. R. 1142)

Regulation .25 adopted effective March 19, 2001 (28:5 Md. R. 552)

Regulations .25—.27 recodified to Regulations .26—.28 effective March 19, 2001 (28:5 Md. R. 552)

Regulation .29 adopted effective December 17, 2018 (45:25 Md. R. 1207)

Regulation .30 adopted effective August 4, 2025 (52:15 Md. R. 812)

Regulation .31 adopted effective March 16, 2026 (53:5 Md. R. 246)