§9–1102.

    (a)    This section applies to all employees, including temporary employees, of all units in the Executive, Judicial, and Legislative branches of State government, including any unit with an independent personnel system.

    (b)    On request, an employee subject to this section may be entitled to disaster service leave with pay if:

        (1)    (i)    the employee is certified by the American Red Cross as a disaster service volunteer; and

            (ii)    the American Red Cross requests the services of the employee during a disaster that is designated at Level II or above in the regulations and procedures of the National Office of the American Red Cross; or

        (2)    the employee is a member of:

            (i)    the Civil Air Patrol;

            (ii)    the United States Coast Guard Auxiliary;

            (iii)    Maryland Voluntary Organizations Active in Disaster;

            (iv)    a volunteer emergency medical services department;

            (v)    a volunteer fire department;

            (vi)    a volunteer rescue company or volunteer rescue squad; or

            (vii)    a Community Emergency Response Team.

    (c)    (1)    Except as provided in paragraph (2) of this subsection, an employee may use up to 15 days of disaster service leave in any 12–month period only after obtaining approval from the employee’s appointing authority.

        (2)    An employee in the Executive Branch of State government may use up to 30 days of disaster service leave in any 12–month period only after obtaining approval from the employee’s appointing authority.

    (d)    During a prolonged or recurrent disaster, the employee’s appointing authority may:

        (1)    waive the requirements under subsections (b) and (c) of this section that an employee must request and obtain approval before the employee may use disaster service leave, if waiving the requirement would be in the best interest of the citizens of the State; and

        (2)    increase the number of days of disaster service leave under subsection (c) of this section that an employee may use, if an increase would be in the best interest of the citizens of the State.

    (e)    For purposes of workers’ compensation and the Maryland Tort Claims Act, while an employee is using disaster service leave, the employee is deemed not to be a State employee.