(a) Statement of legislative intent. It is the legislative intent of the county council that this article foster excellence in the public service; high individual competence among employees; recognition that respect for the employee as an individual is first required for achieving such excellence and competence; and harmonious and efficient operation within the various components of county government. (b) Merit system principles. The merit system established by this chapter encompasses the following principles: (1) All county government authority, including internal supervisory authority, is for service to the people, is derived from law and the people and must not be abused; (2) The recruitment, selection and advancement of merit system employees shall be on the basis of their relative abilities, knowledge and skills, including the full and open consideration of qualified applicants for initial appointment; (3) Merit system employees shall be provided compensation consistent with standard of comparability with other public agencies and the private sector; (4) Merit system employees shall be provided training as needed to assure high quality performance and such training where possible should also provide increased opportunity to facilitate their career advancement; (5) Merit system employees are encouraged to excel in their work performance; they shall be retained if they meet standards of satisfactory overall performance and shall be separated from merit system service if they do not; both supervisors and subordinates have an equal responsibility to facilitate work performance correction and improvement; (6) All applicants to and employees of the county merit system shall be assured fair treatment without regard to political affiliation or other nonmerit factors in all aspects of personnel administration. (7) Merit system employees shall be protected against any coercion to engage in illegal or improper actions or partisan political activities and shall be prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or nomination for office; (8) The merit system established under this chapter shall be interpreted in accordance with these principles. (c) Statement of purpose. The basic purpose of this article is to delineate the respective responsibilities of the county executive, the chief administrative officer and the merit system protection board for personnel management in county government. It is the further purpose of this article to implement by law the county charter responsibilities of the county council with respect to a merit system generally, including provisions for salaries and wages of all classified employees of the merit system under a uniform salary plan, the merit system protection board's authority to exercise its appellate functions, and promotion of the overall objective that the integrity of the county merit system be preserved and that it be administered fairly and efficiently in the best interests of the county and its employees. (d) Merit system review commission. (i) In addition to the County Council's legislative responsibilities under Sections 101 and 401 of the County Charter, the Council, as necessary, may appoint a Merit System Review Commission by resolution. (ii) The Commission’s duties are to: (A) strengthen the system of checks and balances among those officials and agencies of county government having merit system responsibilities; and (B) examine and recommend legislative or administrative revision to the merit system in keeping with the intent of the Charter and this Article and with new developments in the field of public administration and personnel management. (iii) The Commission has 11 members who are appropriately qualified County residents. The Executive must appoint 5 members and the Council must appoint the remaining members. (iv) Each Commission terminates after it submits its final report to the Council. (e) Applicability of article. This article shall apply to all merit system employees defined herein. Not included under this article unless specifically stated to the contrary are those positions excluded by section 401 of the county charter as amended and any other positions so excluded from the merit system under other provisions of county law.

In this article, the following words and phrases have the following meanings: Board: The merit system protection board as described in section 403 of the county charter. County employees: All persons employed by the county regardless of merit system status. Domestic partner. A person who was registered as the domestic partner of a County employee with the Office of Human Resources on or before June 27, 2016 in a domestic partnership that did not end before the County employee’s death. This definition applies throughout this Chapter unless otherwise indicated. Illegal or improper actions: Any actions which violate any law or regulation, or which constitute a gross waste of funds, an abuse of authority or a substantial and specific danger to public health or safety. Merit system employees: All persons who are employed by the county in full-time or part-time year-round permanent career positions in any department/office/agency of the executive and legislative branches of the county government or in any other position specifically so designated by law. Removal: The separation of a merit system employee through dismissal, involuntary resignation or abolishment of his or her position for reasons or circumstances determined by the board as being other than a bona fide reduction of funds or work. Supervisor: The chief administrative officer and all subordinate personnel exercising supervisory functions in the capacity of a public employer.

(a) Generally. In performing its functions, the Board is expected to protect the merit system and to protect employee and applicant rights guaranteed under the merit system, including protection against arbitrary and capricious recruitment and supervisory actions, support for recruitment and supervisory actions demonstrated by the facts to be proper, and to approach these matters without any bias or predilection to either supervisors or subordinates. The remedial and enforcement powers of the Board granted herein must be exercised by the Board as needed to rectify personnel actions found to be improper. The Board must comment on any proposed changes in the merit system law or regulations, at or before the public hearing thereon. The Board, subject to the appropriation process, must establish its staffing requirements and define the duties of its staff. (b) Personnel regulations. The County Executive must adopt personnel regulations under method (1). The personnel regulations must provide the framework for: (1) The classification of all merit system positions in the executive and legislative branches; (2) Minimum qualifications for merit system positions, methods of determining qualifications and methods of selection for any positions; (3) Probationary periods, promotions, transfers; (4) Causes for removal from any merit system position and methods of removal, including demotions, furloughs, and reduction of staff. However, any regulations governing a reduction in staff and employee rights attendant thereto shall be restricted to the respective branch of government in which the employee is employed; in the case of the legislative and judicial branches, this sentence shall apply to employees hired by the legislative and judicial branch, respectively, after August 1, 1983. (5) Annual, sick and other leave; (6) Prohibitions against political activity; (7) Maintenance of personnel records; and (8) Similar personnel matters as may be provided by law. (c) Classification standards. With respect to classification matters, the County Executive must provide by personnel regulation, adopted under Method (1), standards for establishing and maintaining a classification plan. These standards may include but are not limited to the following: (1) The necessary components of class specifications; (2) Criteria for the establishment of new classes, modification or elimination of existing classes; (3) Criteria for the assignment of positions to classes; (4) Kinds of data required to substantiate allocation of positions; (5) Guidelines for comparing levels of job difficulty and complexity; and (6) Criteria for the establishment or abolishment of positions. The Board must conduct or authorize periodic audits of classification assignments made by the Chief Administrative Officer and of the general structure and internal consistency of the classification plan, and must submit audit findings and recommendations to the County Executive and County Council. (d) Hiring persons with disabilities. (1) Findings. (A) Persons with disabilities are a largely untapped resource for outstanding candidates for County employment. (B) There are many County residents with severe disabilities, including Wounded Warriors treated in the County at the Walter Reed National Military Medical Center. (C) Persons with disabilities suffer from a high unemployment and underemployment rate in the County due in part to unfounded myths, fears and stereotypes associated with many disabilities. (D) Hiring rules for persons with disabilities are necessary to remedy past discrimination resulting from these unfounded myths, fears, and stereotypes and to enable the County to be a model employer of qualified persons with severe disabilities. (E) Special hiring rules for qualified persons with severe disabilities would permit the County to hire highly productive interns with severe disabilities into merit system positions. (F) The Charter permits the County to operate a program within the merit system to recruit and select qualified individuals with severe physical and mental disabilities on a noncompetitive basis. (2) The Executive must adopt by personnel regulation, under Method (1), standards for establishing and maintaining special rules for the initial appointment of a qualified person with a disability into a merit system position. These standards must: (A) define a person with a disability eligible for a competitive appointment with a preference as: (i) a person with medical proof of a developmental disability, a severe physical disability, or a psychiatric disability; or (ii) a veteran rated by the Department of Veterans Affairs with a compensable service-connected disability of 30 percent or more; (B) define a person with a severe disability eligible for noncompetitive appointment as a person with medical proof of a severe developmental, physical, or psychiatric disability; and (C) require medical certification of a qualifying disability. (3) Competitive appointment. (A) Except as provided in Subsection (e), the regulation must establish and maintain a preference under the following order of preference: (i) an employee who is unable to perform the employee’s job because of a disability or injury under the ADA; (ii) an employee subject to reduction-in-force; (iii) an employee who was granted a temporary disability retirement under the Employees Retirement System or an initial or temporary disability benefit of any type under the Retirement Savings Plan or the Guaranteed Retirement Income Plan but is no longer eligible for such a temporary disability retirement or benefit; (iv) a veteran with a disability; (v) an equal preference for a veteran without a disability and a non-veteran with a disability; and (vi) a displaced federal worker under Subsection (k). (B) This regulation must only apply the preference in Subparagraphs (A)(iv) and (A)(v) for the initial appointment of a qualified person to a merit system position who is among the highest rating category in a normal competitive process. (4) Noncompetitive appointment. The regulation must establish and maintain standards for the noncompetitive appointment of a qualified person with a severe disability to a position in the merit system. The standards must: (A) permit the noncompetitive appointment of a qualified person with a severe disability without advertising the position; (B) require certification of a severe disability based upon medical evidence; (C) apply only to the initial appointment of a qualified person with a severe disability to a merit system position; and (D) require the person to successfully complete the appropriate probationary period for the position. (e) Hiring Veterans for Uniformed Public Safety Positions. (1) Findings. (A) Veterans, particularly those returning from combat in Iraq and Afghanistan, suffer from a high unemployment rate. (B) The skills and experience gained by veterans while in the military are helpful assets for serving in uniformed public safety positions. (2) Regulation. The Executive must establish by personnel regulation, under Method (1), standards for a hiring preference point system for the initial appointment of a qualified veteran who applies for a merit uniformed public safety position in a normal competitive process. These standards must: (A) define a veteran as a person who was honorably discharged or released from a branch of the United States armed services after at least 180 days of active military duty other than for training; (B) define a veteran with a disability as a veteran rated by the Department of Veterans Affairs with a compensable service-connected disability of 30 percent or more; (C) define a uniformed public safety position as a: (i) police officer; (ii) fire fighter/rescuer; or (iii) correctional officer; and (D) give preference points for a veteran and additional preference points for a veteran with a disability. (f) Personnel regulation review. The Merit System Protection Board must meet and confer with the Chief Administrative Officer and employees and their organizations from time to time to review the need to amend these regulations. (g) Adjudication. The Board must hear and decide disciplinary appeals or grievances upon the request of a merit system employee who has been removed, demoted or suspended and in such other cases as required herein. (h) Retirement. The Board may from time to time prepare and recommend to the Council modifications to the County’s system of retirement pay. (i) Personnel management oversight. The Board must review and study the administration of the county classification and retirement plans and other aspects of the merit system and transmit to the Chief Administrative Officer, County Executive and County Council its findings and recommendations. The Board must conduct such special studies and audits on any matter relating to personnel as may be periodically requested by the County Council. All County agencies, departments and offices and County employees and organizations must cooperate with the Board and have adequate notice and an opportunity to participate in any such review initiated under this section. (j) Publication. Consistent with the requirements of State law, confidentiality and other provisions of law, the Board must publish, at least annually, abstracts of its decisions, rulings, opinions and interpretations, and maintain a permanent record of its decisions. (k) Hiring displaced federal workers. (1) Findings. (A) Federal workers are experiencing job uncertainty and high unemployment due to federal downsizing and other federal personnel actions unrelated to individual qualifications and merit. (B) The skills and experiences of individuals who have served as federal employees are valuable assets for serving in County government. (2) For purposes of this Section, the term displaced federal worker means a former federal employee who: (A) resides in the County; and (B) on or after January 1, 2025, received: (i) notification of personnel action from the federal government that separated the individual from federal employment; and (ii) notification from the federal government that the reason for separation is that the individual’s position is no longer needed, or that the individual was subject to a federal reduction in force. (3) The term displaced federal worker does not include: (A) an individual subject to downgrade or reassignment; (B) an individual eligible to receive a higher preference under Subsections (d)(3)(A) or (e); or (C) an individual separated from federal employment for a reason other than those stated in subsection (k)(2)(B)(ii). (4) The Executive must establish by personnel regulation, under Method (1), standards for the: (A) application and documentation requirements to qualify as a displaced federal worker; (B) rating and eligibility for inclusion of a displaced federal worker among the highest rating category for a merit system position in a normal competitive process; and (C) implementation of this subsection (k).

(a) The chief administrative officer shall be responsible for the administration and enforcement of the merit system, including any retirement laws, labor relations laws and the personnel regulations. The chief administrative officer may designate a representative to implement any or all of the provisions of law or the personnel regulations. The chief administrative officer and all department heads are responsible for implementing all final decisions of the merit system protection board made after grievance appeals, although the chief administrative officer shall have the right to appeal any such decision in accordance with procedures recited elsewhere in this article. The chief administrative officer shall ensure that all supervisors receive continual orientation and training about the intent purpose and principles of the merit system and shall ensure that all supervisors implement the objectives of this article. (b) The chief administrative officer shall formulate administrative procedures to implement requirements of the merit system law and personnel regulations after providing reasonable public notice and opportunity for comment. These administrative procedures shall be distributed in a manner to make them accessible to all employees.

(a) Policy. Except as provided in Section 33-7(d), the County must take all personnel actions on the basis of merit and fitness without regard to political affiliation or non-merit factors, and without regard to other factors as may be provided for in chapter 27, “Human Relations and Civil Liberties,” such as sex, marital status, race, religion, national origin, age or disability. The Chief Administrative Officer must initiate, develop, and maintain an equal employment opportunity and affirmative action program necessary to ensure that all persons have an equal opportunity to enter and progress in the County's service on the basis of open competition and demonstrated ability. The County Executive may adopt regulations, under method (1), to implement this policy. Such regulations must provide that an employee whose personal religious beliefs require the abstention from work during certain periods of time may elect to engage in an alternate work schedule in order to meet those religious requirements. The regulations must require an employee who elects to work an alternate schedule to work an equal period of time to that taken off for such religious reasons. (b) Conciliation. The chief administrative officer is authorized to engage in consultation and conciliation efforts with agencies responsible for enforcement of equal employment opportunity laws with the objective of resolving complaints and to execute binding agreements with these agencies; provided, however, that these conciliation efforts shall not be deemed to abate the procedures or requirements as recited in chapter 27. Should the complaint be determined to be a matter not properly within the jurisdiction of an equal employment opportunity enforcement agency, the complaint, as filed, shall be treated as a grievance and processed under the appropriate procedures established for grievances. (c) Appeals by applicants. Any applicant for employment or promotion to a merit system position may appeal decisions of the chief administrative officer with respect to their application for appointment or promotion. Appeals alleging discrimination prohibited by chapter 27, "Human Relations and Civil Liberties," of this Code, may be filed in the manner prescribed therein. Appeals alleging that the decisions of the chief administrative officer were arbitrary and capricious, illegal, based on political affiliation, failure to follow announced examination and scoring procedures, or nonmerit factors, may be filed directly with the merit system protection board. Appeals filed with the merit system protection board shall be considered pursuant to procedures adopted by the board. The board may order such relief as is provided by law or regulation.

(a) Disclosure of illegal or improper actions. (1) Employees should report illegal or improper actions in County government. (2) Employees should first report illegal or improper actions to the individual responsible for corrective action. That person may be anyone from the employee's immediate supervisor to the County Executive, or for legislative branch employees, the County Council. (b) Protection for employees. (1) A personnel action is an act or omission by a supervisor which has a significant adverse impact on the employee, or a change in the employee’s duties or responsibilities which is inconsistent with the employee’s grade and salary. A personnel action does not include an act or omission by a supervisor that is not subject to review by the Merit Systems Protection Board under Section 33-12. (2) A merit system employee must not be subjected to a personnel action in retaliation for: (A) refusing to obey an instruction involving an illegal or improper action; or (B) disclosing, to a Federal, State or County official or employee, information concerning illegal or improper action in County government with a reasonable good-faith belief that the information disclosed is accurate. (3) This subsection does not protect a merit system employee if the: (A) employee's actions were frivolous, unreasonable, and without foundation, even though not brought in bad faith; (B) employee, without good cause, did not comply with applicable regulations concerning the making of such disclosures; or (C) employee was the subject of an otherwise proper personnel action that would have been taken regardless of the employee’s disclosure of information concerning illegal or improper action in County government. (c) Appeal. A merit system employee who alleges that he or she was subject to a retaliatory personnel action in violation of subsection (b) may appeal to the Merit System Protection Board under Section 33-12. (d) Decision. The Board must issue a written decision, including necessary findings of fact and conclusions of law, and may order any remedy authorized by Section 33-14.

(a) Classification. (1) The Chief Administrative Officer must apply the classification standards in this Chapter and the Personnel Regulations to: (A) establish and abolish occupational classes as necessary for effective and economical operation of the County government; (B) assign all positions in the merit system to proper classes; (C) assign pay grades to classes; and (D) establish a procedure for the administrative review of an employee’s objection to an assignment action that downgrades the employee's position. The Board must have a reasonable opportunity to review and comment on any proposed new classes except new classes proposed for the Management Leadership Service under paragraph (2). (2) The CAO may establish by amendment to the Personnel Regulations under method (1) a Management Leadership Service (MLS) to ensure that the senior management of the County government is responsive to the needs, policies, and goals of the County and is the highest quality possible. The MLS must: (A) be established within the Merit System; (B) provide a compensation system designed to attract and retain highly competent senior managers and compensate employees on the basis of individual and organizational performance (including success in improving efficiency, productivity, quality of work or service, cost efficiency, and timeliness and complying with anti-discrimination and equal employment opportunity requirements); (C) ensure that senior managers are accountable and responsible for the effectiveness and productivity of the employees they supervise; (D) ensure accountability for honest, economical, and efficient government; (E) recognize exceptional accomplishment; (F) enable the CAO reasonably to reassign senior managers to promote the mission and goals of the County government; (G) protect senior managers from arbitrary and capricious actions and maintain a Merit System free of prohibited personnel practices; (H) ensure compliance with applicable personnel laws, including those related to equal employment opportunity, political activity, and conflicts of interest; (I) enhance the management and leadership skills of highly competent senior managers through professional development; and (J) appoint career managers to fill MLS positions to the extent practical, consistent with the effective and efficient implementation of agency policies and responsibilities. (3) The CAO may establish by amendment to the Personnel Regulations under method (1) a Police Leadership Service (PLS) to ensure that the senior management of the Department of Police is responsive to the needs, policies, and goals of the County and is the highest quality possible. The PLS must: (A) be established within the Merit System; (B) include only lieutenants and captains in the Department of Police; (C) provide a compensation system designed to attract and retain highly competent senior police managers and compensate lieutenants and captains on the basis of individual and organizational performance (including success in improving efficiency, productivity, quality of work or service, cost efficiency, and timeliness and complying with anti-discrimination and equal employment opportunity requirements); (D) ensure that senior police managers are accountable and responsible for the effectiveness and productivity of the employees they supervise; (E) ensure accountability for honest, economical, and efficient police service; (F) recognize exceptional accomplishment; (G) enable the Police Chief reasonably to reassign senior police managers to promote the mission and goals of the Department of Police; (H) protect senior police managers from arbitrary and capricious actions and maintain a Merit System free of prohibited personnel practices; (I) ensure compliance with applicable personnel laws, including those related to equal employment opportunity, political activity, and conflicts of interest; (J) enhance the management and leadership skills of highly competent senior police managers through professional development; and (K) appoint career police managers to fill PLS positions to the extent practical, consistent with the effective and efficient implementation of Department of Police policies and responsibilities. (4) The CAO must determine by written finding that a reclassification is necessary for the efficient and effective operation of County government before approving an upward reclassification of a position between July 1 and December 31 of any year in which the County Executive is elected. (b) Uniform salary plan. (1) The uniform salary plan consists of: (A) salary schedules for employees represented by certified employee organizations; (B) a minimum wage/seasonal salary schedule; (C) a salary schedule for sworn police managers and positions included in the Police Leadership Service; (D) a salary schedule for uniformed fire/rescue managers; (E) a salary schedule for sworn deputy sheriff managers; (F) a salary schedule for uniformed correctional managers; (G) a salary schedule for medical doctors; (H) a salary schedule for employees in positions included in the Management Leadership Service; and (I) a general salary schedule for all other employees. (2) The Chief Administrative Officer may recommend to the County Council amendments to the uniform salary plan. (3) The Council must approve the uniform salary plan and any amendments by resolution. (4) In approving the salary plan or amendments, the Council may consider such factors as: (A) experience; (B) prevailing salary rates for comparable services in both the public and private sectors; (C) County collective bargaining agreements; (D) living costs; and (E) other employee benefits. (5) A salary schedule must include grades and a salary rate or salary range for each grade. (6) The Chief Administrative Officer must assign each occupational class to an appropriate grade under an approved salary schedule. (7) The minimum wage/seasonal salary schedule must identify each occupational class assigned to the salary schedule. The Chief Administrative Officer may assign an occupational class to the minimum wage/seasonal salary schedule only if all employees in the class: (A) are paid the federal minimum wage; or (B) work for the County fewer than: (i) 20 regularly scheduled hours per week on a continuing year- round or school-year basis; or (ii) 1040 hours in a 12-month period; or (C) are participants in the County's Conservation/Service Corps job training program. (8) The Chief Administrative Officer must base any recommendation to amend the police management salary schedule on: (A) police management salary rates in neighboring jurisdictions; (B) County collective bargaining agreements that establish the pay and benefits of police officers; (C) other pay and benefits available to police management; (D) availability of funds; and (E) any other relevant factors. (9) The Chief Administrative Officer must base any recommendation to amend the fire/rescue management salary schedule on: (A) fire/rescue management salary rates in neighboring jurisdictions; (B) County collective bargaining agreements that establish the pay and benefits of uniformed fire/rescue employees; (C) other pay and benefits available to fire/rescue management; (D) availability of funds; and (E) any other relevant factors. (10) The Chief Administrative Officer must base any recommendation to amend the sworn deputy sheriff management salary schedule on: (A) salary rates of sworn deputy sheriff managers in neighboring jurisdictions; (B) County collective bargaining agreements that establish the pay and benefits of deputy sheriffs; (C) other pay and benefits available to sworn deputy sheriff managers; (D) availability of funds; and (E) any other relevant factors. (11) The Chief Administrative Officer must base any recommendation to amend the uniformed correctional management salary schedule on: (A) salary rates of uniformed correctional managers in neighboring jurisdictions; (B) County collective bargaining agreements that establish the pay and benefits of correctional officers; (C) other pay and benefits available to uniformed correctional managers; (D) availability of funds; and (E) any other relevant factors. (12) The Chief Administrative Officer must base any recommendation to amend the medical doctors’ salary schedule on: (A) salaries of medical doctors employed in the public and private sectors in Montgomery County; (B) salaries of medical doctors employed in the public and private sectors in neighboring jurisdictions; (C) other pay and benefits available to medical doctors; (D) availability of funds; and (E) any other relevant factors. (13) The Chief Administrative Officer must ensure that all occupational classes that require comparable experience and have comparable duties, responsibilities, and authority are paid comparable salaries that reflect the relative value of the services performed, except occupational classes on the salary schedules for: (A) sworn police managers included in the Police Leadership Service; (B) uniformed fire/rescue managers; (C) sworn deputy sheriff managers; (D) uniformed correctional managers; (E) deputy sheriffs in the Office, Professional, and Technical bargaining unit; (F) the police bargaining unit; (G) the fire/rescue bargaining unit; (H) medical doctors; (I) Management Leadership Service; and (J) minimum wage/seasonal employees. (14) The Chief Administrative Officer may recommend compensation policies for overtime, pay differentials, and other salary and wage benefits to the County Council. The County Council must approve any such policy or benefit. (15) Any plan, policy, or schedule approved by the County Council under this subsection is subject to the provisions of this Chapter regarding employees who are represented by a certified employee organization. (c) Salary policies. Employees must be paid on a biweekly basis. Except as expressly provided by federal, state, or County law, the Chief Administrative Officer must determine any applicable payroll deductions and charges for deductions, including state income tax withholding for any state where an employee resides. The Chief Administrative Officer may deduct from an employee’s salary, without written authorization, any amount specified under any automatic enrollment provision of the Deferred Compensation Plan established under Section 33-142 and of a deferred compensation plan established under Section 33-146B to the extent permitted by a collective bargaining agreement if the employee is a member of an applicable bargaining unit. When an employee leaves County employment, any debts the employee owes to the County may be deducted from any unpaid salary, accrued annual or compensatory leave, or retirement contributions due to the employee. (d) Other compensation policies. The chief administrative officer may establish other compensation policies to recognize employees who perform in an extraordinary manner either on a sustained performance basis or in recognition of a specific act or service. These compensation policies may include monetary awards to employees making suggestions which result in better public service, cost savings or more efficient operations. Compensation policies may be in the form of cash awards or be part of the uniform salary plan. Res. No. 9-1649, introduced on December 8, 1981, and adopted on January 19, 1982, deals with pay retention for employees demoted as a result of reduction in force.

(a) Appeals of certain disciplinary actions. Any merit system employee, excluding those in probationary status, who has been notified of impending removal, demotion or suspension shall be entitled to file an appeal to the board, which shall cause a hearing to be scheduled without undue delay unless the appeal has been settled during administrative review of the appeal by the chief administrative officer or a designee. Any merit system employee who is the subject of other disciplinary action not specified above may file an appeal with the board, but such appeal may or may not require a hearing as the board may determine. (b) Grievances. A grievance is a formal complaint arising out of a misunderstanding or disagreement between a merit system employee and supervisor with reference to a term or condition of employment. The determination of the board as to what constitutes a term or condition of employment shall be final. Grievances do not include the following: Classification allocations, except due process violations; failure to reemploy a probationary employee; or other employment matters for which another forum is available to provide relief or the board determines are not suitable matters for the grievance resolution process. A grievance shall include termination by resignation which is found by the board to have been submitted under circumstances which cause the resignation to be involuntary; in the event of such a finding, the board shall require the appointing authority to substantiate the termination as in the case of a removal. The county executive shall prescribe, in the personnel regulations adopted under method (1) of section 2A-15 of this Code, procedures which seek to secure at the lowest possible level a fair, prompt and mutually satisfactory resolution to a grievance. In providing these procedures, the county executive shall ensure that any grievance based upon an alleged improper application of a merit system law or regulation concerning a disputed issue of fact is entitled to resolution after a fact-finding inquiry authorized by the board. Grievances based upon an alleged improper interpretation of merit system laws or regulations do not require a hearing during the grievance resolution process. (c) Hearing examiners. The board may utilize hearing examiners to conduct grievance investigations and other hearings, authorized under this section, who shall make findings and recommendations subject to objection by the parties and final board approval under such procedures as established by the board. A party to any proceeding which has been assigned to a hearing examiner shall be afforded the opportunity to present an oral argument on the record before the board prior to a final decision.

The county executive shall prescribe by personnel regulations, adopted under method (1) of section 2A-15 of this Code, procedures covering appeals, including grievances which shall include the time limit for filing such appeal, the granting of administrative leave pending appeal, filing and cost of the administrative record, conduct of hearings, requirements for written notice, special evidentiary proceedings in cases where the remedy of employee reinstatement was a contested and unresolved issue in an ordinary appeal hearing and provisions for summary actions by the board.

The merit system protection board is authorized to conduct audits, investigations or inquiries, to assure that the merit system is administered in accordance with the provisions of this chapter and regulations promulgated pursuant thereto, and may administer oaths, require the attendance of witnesses and the production of records or other material in connection with an investigation, audit or inquiry. The results of each audit, investigation or inquiry shall be transmitted to the county council, county executive, and chief administrative officer, with appropriate recommendations. There is hereby created the position of special personnel investigator. The special personnel investigator shall exercise the following powers and perform the following duties and functions: (a) Investigate any matter referred to him by the merit system protection board. (b) File a complaint with the merit system protection board where, as result of his investigation of matters referred to him by the board, he has probable cause to believe that the merit system has not been administered in accordance with the provisions of this chapter or regulations promulgated pursuant thereto. (c) Recommend corrective action on matters which have been referred to him by the merit system protection board. (d) Designate, with the approval of the council, an alternate special personnel investigator for matters in which he has a conflict of interest or is otherwise unable to pursue. The special personnel investigator is appointed by the county council for a term of 5 years, or until a successor is appointed and qualified. The council may remove the special personnel investigator on the vote of 6 members of the council. The special personnel investigator must: (1) have experience in law or personnel matters; (2) be paid a per diem fee set by contract with the county; and (3) be reimbursed for necessary expenses. When an audit, investigation or inquiry gives the board cause to believe that the merit system has not been administered in accordance with the provisions of this chapter or regulations promulgated pursuant thereto, the board may refer the matter to an appropriate investigative entity, including the special personnel investigator, at the board's option. Where a complaint is filed by the special personnel investigator, or on its own motion, the board may hold a hearing and issue a decision ordering such corrective action as it determines to be necessary, including those remedies provided in section 33-14(c). Where the board holds a hearing on its own motion, the board's staff or the special personnel investigator shall be the charging party. In any hearing, the responding party shall include all individuals who may be adversely affected. All investigatory proceedings under this section shall include due process protections consistent with the purposes of this chapter and procedures shall be included in the personnel regulations adopted under method (1) of section 2A-15 of this Code, which specify these protections in further detail. Nothing herein shall be construed to prohibit the board from initiating and acting upon audits, investigations or inquiries until such regulations are adopted.

(a) Hearing requirements. Hearings before the board are quasi-judicial in nature and shall be conducted in formal session in accordance with the provisions and authority contained in the county administrative procedures act. Board members shall be provided orientation and training as required to properly implement the requirements of the county administrative procedures act and conduct administrative evidentiary proceedings. With respect to hearings which go beyond one (1) session, the board shall endeavor to schedule such hearings so that a minimum amount of time elapses between sessions. When required for continuity and minimum loss of time in concluding a case, the board shall also endeavor to schedule hearings during daytime, weekday hours. Hearing shall be open to the public with reasonable notice, if requested by the employee. (b) Board counsel. The board may request special counsel when the board and the county attorney determine that a representational conflict exists within the county attorney's office. The special counsel shall be an individual acceptable to the board. The county attorney may assign an attorney to the board as its general counsel who shall represent the board exclusively on matters concerning the merit system. (c) Decisions. Final decisions by the board shall be in writing, setting forth necessary findings of fact and conclusions of law. A copy of such decision shall be furnished to all parties. The board shall have authority to order appropriate relief to accomplish the remedial objectives of this article, including but not limited to the following: (1) Order retroactive promotion or reclassification with or without back pay; (2) Order change in position status, grade, work schedule, work conditions and work benefits; (3) Order priority consideration be given to an employee found qualified before consideration is given to other candidates; (4) Order reinstatement with or without back pay, although the chief administrative officer may reinstate either to a position previously held or to a comparable position of equal pay, status and responsibility; (5) Order cancellation of personnel actions found in violation of law or personnel regulation provided that such action may not without due process, adversely affect the employment rights of another employee; (6) Grant employee participation in an employee benefit previously denied (training, educational program or assistance, preferential or limited work assignments and schedules, overtime pay or compensatory leave); (7) Order removal from administrative or personnel records any reference or document pertaining to an unwarranted disciplinary or adverse personnel action; (8) Order corrective measures as to any management procedure adversely affecting employee pay, status, work conditions, leave or morale; (9) Order the county to reimburse or pay all or part of the employee's reasonable attorney's fees. The reasonableness of the attorney fees shall be determined by the following factors; a. Time and labor required; b. The novelty and complexity of the case; c. The skill requisite to perform the legal service properly; d. The preclusion of other employment by the attorney due to acceptance of the case; e. The customary fee; f. Whether the fee is fixed or contingent; g. Time limitations imposed by the client or the circumstances; h. The experience, reputation and ability of the attorneys; and i. Awards in similar cases; (10) Order such other and further relief as may be deemed appropriate consistent with the charter and laws of Montgomery County.

(a) Any aggrieved merit system employee, or applicant, or the chief administrative officer may obtain judicial review of a merit system protection board order or decision from the circuit court for the county in the manner prescribed under Chapter 200 of Title 7 of the Maryland Rules of Procedure. In addition, with respect to orders or opinions relating to personnel of Montgomery County fire and rescue corporations, the independent fire and rescue corporation affected by the merit system protection board order, as well as any aggrieved fire and rescue corporation employee, may obtain judicial review of the board's order or decision as provided in this section. (b) The court, in hearing the case, shall apply the judicial review standards as set forth in the Maryland Administrative Procedures Act, Subtitle 2 of Title 10 of the State Government Article of the Maryland Code. The court review shall be on the basis of the record before the board. Judicial review of board decisions issued hereunder also includes appellate review by the Court of Special Appeals. (c) When the chief administrative officer is the party seeking judicial review of a board order or decision in favor of a merit system employee, the county shall be responsible for the employee's legal expenses, including attorneys' fees which result from the judicial review and are determined by the county to be reasonable under the criteria set forth in subsection (c)(9) of section 33-14. (d) Upon the failure of a party to invoke the judicial review provision of section (a) above or the exhaustion thereof and upon noncompliance with any final decision or order of the board, the board may certify the matter to the county attorney for enforcement. The county attorney shall promptly institute appropriate civil proceedings in the circuit court for Montgomery County to seek enforcement of the decision or order and for any other appropriate relief.

In the event of any conflict between the provisions of this article and any provisions of the personnel regulations or administrative rules or regulations, the provisions of this article shall control.

(a) No county employee or other person acting in concert with a county employee shall threaten, promise to take, or take any official action with respect to any individual employee for the purpose of inducing or coercing political activity of any county employee or applicant for county employment (including the providing of any political contribution or service), or take any official action against any county employee or applicant for county employment as a reprisal for the refusal of the person to engage in any political activity. (b) No person shall willfully make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provisions of this law or in any manner commit or attempt to commit any fraud preventing the impartial execution of this law and any regulations issued thereunder. (c) No county employee or other person acting in concert with a county employee shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for the purpose of providing any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, county employment. (d) No county employee or other person acting in concert with a county employee shall willfully defeat, deceive or obstruct any person in his right to examination, eligibility, certification or appointment under this law, or furnish to any person special or confidential information for the purpose of affecting the rights of any person with respect to employment under the county merit system. (e) No county employee or other person acting in concert with a county employee shall willfully grant any preference or advantage contrary to law, rule or regulation to any merit system employee or applicant for merit system employment (including preselection or defining the scope or manner of competition or the requirements for any position primarily for the purpose of improving or ensuring the prospects of a particular person for a merit system position rather than for the purpose of advancing or improving service to the public, contrary to merit system principles). (f) No county employee or other person acting in concert with a county employee shall willfully take or cause to be taken a personnel action with respect to a merit system position or merit system employee on the basis of political affiliation or family relationship. (g) A person must not threaten, promise, or take any action against a County employee to: (1) induce or coerce an employee to take an illegal or improper action; or (2) retaliate against an employee for disclosing information to a Federal, State, or County official or employee concerning an illegal or improper action in County government that the employee has a good faith belief is accurate. Any person who shall violate any of the above provisions shall be guilty of a misdemeanor and shall, on conviction thereof, be punished by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment for a term not to exceed six (6) months or by both.

(a) Legislative findings. Prompt payment of child support payments are essential to the health and welfare of the children for whom the payments are intended. Many payors fail to satisfy the obligation they have to make child support payments in a timely manner. It is the purpose of this section to establish a procedure whereby persons who are entitled to receive child support payments from county employees may, without embarrassment to the parties or the necessity to prove any arrearage or other fault, cause the county to deduct the amount of child support directly from the salary of the employee. (b) Definitions. Chief administrative officer means the county's chief administrative officer, or his designee. Child support means a sum of money required to be paid for the support of one (1) or more children pursuant to a court order or a written agreement. Clerk means the office of the clerk of the circuit court for Montgomery County. Director means the director of the Montgomery County department of finance, or his designee. Payee means any person entitled to receive child support. Payor means any employee of the county who is obligated to pay child support. (c) Application for deduction. Any payee may apply for a direct deduction of child support from the salary of a payor. The application shall be submitted to the clerk on a form prepared by the clerk, and a copy of the court order or separation agreement requiring the payment of child support shall be attached to the application form. If the clerk declines or is judicially determined unable to administer this program in accordance with the procedures established by this section, the functions prescribed herein to be performed by the clerk shall be performed by the county's office of hearing examiner. (d) Notice and determination. The clerk shall notify the payor of any application for direct deduction of child support. The payor may object to the deductions by filing a written answer with the clerk within fifteen (15) days from the date of receipt of the notice. Where an objection is filed, the clerk shall provide the payee with a copy of the objection. Upon request of either party, the clerk shall schedule a conference to discuss the merits of the matter. Thereafter, the clerk shall make administrative determinations as to the support obligation of the payor, based on the court order, separation agreement or any modifications thereof, and the amount to be deducted from the payor's weekly or biweekly salary, and provide the director with a copy of the determination. The determination is solely intended to facilitate a child support collection procedure without consideration of collateral child support or custody issues. (e) Administrative appeal and hearing. Either party may appeal the clerk's determination to the board of appeals under the procedures established by the board for this purpose. The board, if requested by either party, shall hold a hearing on the matter. The board's decision shall be subject to the same judicial review provisions found in section 2-114 of this Code. An appeal shall operate to stay the effect of the clerk's determination. (f) Modifications. A payor or payee may, at any time, apply for a modification of the clerk's determination. Application for a modification shall be on a form specified by the clerk. The clerk, upon receipt of an application for modification, shall follow the same procedures applicable to initial applications for direct child support deductions. (g) Director's duties. The director, upon receipt of the clerk's determination shall, unless contrary to law, court rule, or the provisions of a collectively bargained agreement, deduct the specified amount from the paycheck of the payor and transfer same to the clerk. The clerk shall then forward the amount of the payment directly to the payee. The director may also deduct from the amount of the support payment, a fee, established by executive regulation of the county executive adopted under method (3) of section 2A-15 of this Code, not to exceed the reasonable costs of implementing the determination of the clerk. (h) Authority to enter into agreement. The chief administrative officer is authorized to enter into an agreement with the clerk for the administration of this program. (i) Report. In any attachment (garnishment) action affecting the wages paid by the county to the payor, the county shall report to the court any deductions being made pursuant to this section. (j) Executive regulations. The county executive is authorized to adopt regulations, under method (1) of section 2A-15 of this Code, for the implementation of the provisions of this section.

The executive shall establish a salary reduction dependent care assistance plan that meets the requirements of section 125 and/or section 129 of the Internal Revenue Service Code as amended. Under this plan, county employees, with the exception of those police department employees subject to a collective bargaining agreement, may elect to reduce or to forego increases in their salary to pay for dependent care assistance benefits up to a maximum dollar amount as may be permitted by the Internal Revenue Code. Police department employees subject to a collective bargaining agreement may elect to participate in the plan, if authorized by the collective bargaining agreement. Dependent care assistance payments shall be paid in a manner permitted by the Internal Revenue Code. The executive may charge a reasonable administrative fee to reduce the cost to the county of administering the plan.

(a) A department head may hire a short-term employee when necessary to promote the efficient operation of the department. When it is impractical to hire from an eligible list, a department head may hire a short-term employee who is not on an eligible list if the employee meets the minimum qualifications of the position. (b) A department head must not employ a short-term employee: (1) For more than 900 hours in a 12-month period; (2) For more than 2 12-month periods; and (3) At an hourly rate greater than the maximum pay rate for grade 5 on the General Salary Schedule, as adjusted from time to time under section 33-11(b), or the comparable pay grade if the General Salary Schedule is revised. (c) The County Executive must adopt regulations under method (1) to administer this section.

(a) A part-time or full-time County employee, except an elected official, who is involuntarily ordered to active duty in the armed forces of the United States or National Guard during a national emergency or under Presidential authority, except for active duty for training: (1) may use any accumulated annual and compensatory leave while on active duty; and (2) must be granted military leave, when all annual, compensatory, and donated leave has been used, for: (A) the period the employee is ordered to remain on active duty; and (B) 10 working days after release from active duty. (b) The County must pay an employee on military leave the employee's County salary, reduced by all pay and allowances the employee receives for military service except separation allowances. (c) An employee who takes leave under this Section continues to receive all employee insurance benefits for the entire leave period. (d) The County must not grant military leave to a non-merit County employee for any period after the employee's appointing authority leaves office. (e) An employee who is on military leave under this Section must receive retirement credit under the Employees’ Retirement System in Article III or the Retirement Savings Plan in Article VIII, as applicable.

(a) Definitions. For purposes of this Section, the following terms have the meanings indicated: Employment dispute means any grievance or appeal filed by the employee against the County where a dismissal action under COMCOR 33.07.01.33 or 33.07.01.35, is challenged. No-rehire clause: a provision prohibiting, preventing, or otherwise restricting an employee from obtaining future employment. (b) An agreement to settle an employment dispute must not contain a no-rehire clause from County employment. (c) Except as provided in subsection (b), a settlement agreement may include a no-rehire clause if: (1) the provision is mutually agreed upon to end the current employment relationship; (2) the employee voluntarily resigns after a formal disciplinary action has been initiated by an agency head; or (3) the Chief Administrative Officer or agency head has made a finding that there are sufficient grounds to dismiss the employee for cause. (d) Appeal of No-Rehire Clause. An aggrieved employee may file an appeal with the County’s Merit System Protection Board to challenge the decision of the Chief Administrative Officer or agency head to include a no-rehire clause in a proposed settlement agreement under subsection (c)(3). The appeal must: (1) be in writing; and (2) filed within 10 working days from the employee’s receipt of the proposed settlement agreement which included a no-rehire clause. (e) Burden of Proof. The County, upon appeal, has the burden of proof by a preponderance of evidence to provide a legitimate, nondiscriminatory reason for its decision.

(a) The Director of the Office of Human Resources must offer all County employees and retired employees a prescription drug benefit, independent of any other employee benefit, that allows each employee to buy prescription maintenance medications through one or more domestic or foreign pharmacy benefit managers at the lowest available cost. The pharmacy benefit manager must assure that: (1) each medication dispensed under this benefit is consistent with federal Food and Drug Administration standards, including manufacturing location, formulation, source and specifications of active ingredients, processing methods, manufacturing controls, container/closure system, and appearance; and (2) any biomedication is not dispensed under this benefit. (b) The Director may operate this program through any form of intergovernmental procurement under Article VIII of Chapter 11B if the Director finds that doing so will provide more efficient service or achieve lower costs for participants or the County.

(a) Definitions. In this Section, the following words have the meanings indicated: Director means the Director of the Department of Human Resources or the Director’s designee. Telework means a work arrangement in which some or all of the work is performed at an alternative work site, such as a home or office space near a home. (b) Telework. The County Executive must adopt, by Method 1 regulation, a policy to permit eligible employees to telework and a plan to increase the number of County employees who telework. (c) Contents. The telework regulation must: (1) require the Director to designate an employee to serve as the County telework manager. The County telework manager must: (A) advise each County department and office on telework matters; (B) serve as a resource for managers and employees on telework; (C) develop, after consulting the County Attorney, a standard written telework agreement between a teleworking employee and the employee’s manager; (D) assist managers in determining the eligibility of an employee to telework; and (E) be the primary point of contact between the Office of Human Resources and each County department or office on telework issues; (2) identify the circumstances under which a County employee may telework; (3) identify procedures that a County employee must follow to obtain permission to telework; (4) require the execution of a written telework agreement between an employee and the employee’s manager outlining each party’s expectations and responsibilities; and (5) identify the required telework training for a teleworking employee and a County manager. (d) Training. The Director, after consulting the Chief Information Officer, must establish an appropriate training course for a teleworking employee and a County manager. (e) Annual report. The Chief Administrative Officer must report to the County Executive and County Council by January 15 of each year on: (1) the actions taken in the preceding fiscal year to implement the telework regulation; (2) the number of employees teleworking in each department or office during the preceding fiscal year; (3) the number of teleworking hours worked by employees in each department and office in the preceding fiscal year; and (4) recommendations for improvements to the teleworking regulation.

(a) Definitions. As used in this section: Applicant means a person seeking a merit system position with the County. Applicant does not include a County merit system employee seeking a new position with the County. Salary means an applicant’s financial compensation in exchange for labor, including wages, commissions, and bonuses. Salary history means an applicant’s current and past salary in the applicant’s current or prior position with another employer. (b) Requesting salary history prohibited. (1) The County must not consider or rely on an applicant’s salary history as a factor in determining whether to offer employment to an applicant or determining pay. (2) The County must not seek an applicant’s salary history. (3) The County must not refuse to hire or retaliate against an applicant for refusing to disclose the applicant’s salary history. (4) This Section does not prohibit: (A) an applicant from voluntarily, and without prompting, disclosing the applicant’s salary history, provided the County does not rely on that voluntary disclosure to determine an initial offer of starting salary for the applicant; (B) the County from discussing an applicant’s expectations with respect to salary without inquiring about salary history; (C) the County from verifying non-salary information disclosed by an applicant or received from a background check, provided that any salary history disclosed by a background check is not used to refuse to hire or determine an applicant’s salary; and (D) the County from relying on salary history voluntarily provided by the applicant to pay the applicant a higher wage than initially offered, if reliance on salary history does not result in unequal pay for equal work based on gender. (a) study the effect of laws in other jurisdictions prohibiting an employer from considering an applicant’ (b) provide the Council with a report on gender pay equity among County employees every 2 years beginning on or before July 1, 2022.

(a) Definitions. As used in this section: Americans with Disabilities Act means the federal Americans with Disabilities Act of 1990, as amended. Applicant means a person seeking County employment, including a merit system position, non-merit system position, appointed position, or contractual position. Business-related health information means health care information that is necessary to evaluate whether an applicant meets a minimum qualification for a position. Contractual position means an individual providing services to the County pursuant to a procurement under Chapter 11B. Contractual position does not include the employees or subcontractors of a contractor under Chapter 11B. Health care means any care, treatment, or procedure by a health care provider: (1) to diagnose, evaluate, rehabilitate, manage, treat, or maintain the physical or mental condition of a patient or recipient; or (2) that affects the structure or any function of the human body. Health care information means any individually identifiable information related to health care. Minimum qualification means a mandatory qualification that: (1) must be met to perform the required job functions of the position; and (2) was posted publicly prior to the acceptance of any application for the position. Reproductive health information means health care information related to any aspect of reproductive health, including abortion care, miscarriage, contraception, sterilization, pregnancy, and family planning. (b) Requesting or considering health care information – Limitations. (1) Except as provided in paragraph (2), the County must not: (A) request or seek health care information regarding an applicant; or (B) consider health care information as a factor in determining whether to hire an applicant. (2) Unless otherwise prohibited by law, the County is entitled to: (A) request or seek business-related health care information; and (B) consider business-related health care information solely to determine whether an applicant meets a minimum qualification. (c) Requesting reproductive health information – Prohibited. The County must not request or consider an applicant’s reproductive health information. (d) This Section does not prohibit: (1) an applicant from voluntarily submitting, or the County from processing, a request for a reasonable accommodation under the Americans with Disabilities Act related to the job application process; or (2) if the applicant is a County employee, an applicant from disclosing, or the County from requesting, health care information necessary for: (A) enrolling in or processing employee benefits; (B) making or processing workers’ compensation claims; (C) making or processing leave requests in accordance with County laws and regulations; or (D) complying with applicable state or federal law. (e) An applicant aggrieved under this section may appeal to the Merit System Protection Board under Section 33-13.

The Executive must not authorize any payment of money or paid administrative leave to a merit employee upon separation from County employment unless the payment is expressly authorized by law. This Section must not be interpreted to prohibit: (a) the payout of unused leave at termination of employment; (b) a discontinued retirement pension authorized under Section 33-45(d); or (c) severance pay under Sections 33-139 and 33-140.

(a) Definitions. For purposes of this Section, the following words have the meanings indicated. FMLA leave means employee leave under the federal Family and Medical Leave Act, 29 U.S.C § 2601 et seq., as amended. Parent means a biological parent, an adoptive parent, or a foster parent. Parent includes the spouse or domestic partner of a parent. (b) Paid parental leave – required. (1) The County must provide paid parental leave under this Section to a part-time or full-time County employee who: (A) has been in a County merit system position for at least 6 consecutive months; and (B) is the parent of a newborn child, a stillborn child, a newly adopted child, or a newly placed foster child. (2) The paid parental leave under this Section must consist of up to: (A) 240 hours within a 12-month period, for an employee scheduled to work 40 hours per week; or (B) a prorated amount within a 12-month period, for an employee scheduled to work more or less than 40 hours a week. (3) The paid parental leave under this Section must be used within 12 months of the birth or stillbirth of the child, the adoption of the child, or the placement of the child in foster care. (c) Continuance of salary and benefits. (1) The County must continue to pay an employee on parental leave under this Section the full salary of the employee. (2) An employee on parental leave under this Section must continue to receive employee insurance benefits. (3) An employee on parental leave under this Section must continue to receive retirement credit under the Employees’ Retirement System in Article III or the Retirement Savings Plan in Article VIII, as applicable. (d) Relationship to other employee leave. (1) Concurrence of leave. (A) Except as provided in subparagraph (B) of this paragraph, parental leave taken under this Section must not count against any other type of leave of the employee. (B) Parental leave taken under this Section must run concurrently with any FMLA leave of the employee. (2) Exhaustion of other leave – not required. Prior to taking parental leave under this Section, an employee must not be required to exhaust any other type of leave provided to the employee under a collective bargaining agreement or other applicable law, including County personnel regulations. (e) Collective bargaining. This Section must not be construed to diminish any employee leave required by a collective bargaining agreement under this Chapter. (f) Regulations. The Executive may adopt Method (2) regulations to implement this Section.

(a) The requirements of subsection (c) of this section must not apply if: (1) the County establishes a private employer plan approved by the Maryland Secretary of Labor under the Time to Care Act of 2022, Chapter 48 of the 2022 Laws of Maryland, as amended; and (2) the plan established by the County under paragraph (1) of this subsection provides to each employee at least 240 hours of paid parental FAMLI leave annually. (b) Definitions. For purposes of this Section, the following words have the meanings indicated. FAMLI leave means employee leave under the State FAMLI Program. FMLA leave means employee leave under the federal Family and Medical Leave Act, 29 U.S.C § 2601 et seq., as amended. Parent means a biological parent, an adoptive parent, or a foster parent. Parent includes the spouse or domestic partner of a parent. Parental FAMLI leave means FAMLI leave, taken by an employee who is a parent, to care for a newborn child, a newly adopted child, or a newly placed foster child within 12 months of the child’s birth, adoption, or placement. Parental FAMLI leave includes FAMLI leave taken by an employee who is the parent of a stillborn child within 12 months of the stillbirth. State FAMLI Program means: (1) the Family and Medical Leave Insurance Program required by the State of Maryland under the Time to Care Act of 2022, Chapter 48 of the 2022 Laws of Maryland, as amended; or (2) a private employer plan established by the County and approved by the Maryland Secretary of Labor under the Time to Care Act of 2022, Chapter 48 of the 2022 Laws of Maryland, as amended. (c) County supplement to State FAMLI program benefits for parental FAMLI leave – required. (1) Except as provided under paragraph (2) of this subsection, the County must pay an employee on parental FAMLI leave the employee’s County salary, reduced by the amount of any benefit the employee is entitled to receive for the leave under the State FAMLI Program. (2) The County’s payments under paragraph (1) of this subsection must be provided to compensate up to: (A) 240 hours of parental FAMLI leave within a 12-month period, for an employee scheduled to work 40 hours per week; or (B) a prorated amount of parental FAMLI leave within a 12-month period, for an employee scheduled to work more or less than 40 hours a week. (d) Continuance of benefits. (1) An employee on parental FAMLI leave must continue to receive employee insurance benefits. (3) An employee on parental FAMLI leave must continue to receive retirement credit under the Employees’ Retirement System in Article III or the Retirement Savings Plan in Article VIII, as applicable. (e) Relationship to other employee leave. (1) Concurrence of leave. (A) Except as provided under paragraph (2) of this subsection, parental FAMLI leave taken under this Section must not count against any other type of leave of the employee. (B) Parental FAMLI leave must run concurrently with FMLA leave. (2) Exhaustion of other leave – not required. Prior to taking parental FAMLI leave under this Section, an employee must not be required to exhaust any other type of leave provided to the employee under a collective bargaining agreement or other applicable law, including County personnel regulations. (f) Collective bargaining. This Section must not be construed to diminish any employee leave required by a collective bargaining agreement under this Chapter. (g) Regulations. The Executive may adopt Method (2) regulations to implement this Section, including regulations to specify how, consistent with the State FAMLI program and other applicable law, parental FAMLI leave relates to other types of employee leave.

(a) An employee must be provided with reasonable break time during the workday to accommodate the need for lactation. (b) Compensation. The County may not be required to compensate an employee receiving reasonable break time under subsection (a) for any time spent expressing breast milk at work. (c) Regulations. The Director may promulgate Method (2) regulations to implement the requirements of this Section.

(a) Personnel regulations. The County Executive must adopt personnel regulations under Method (1) to establish a lactation accommodation policy. The policy, at a minimum, must contain guidelines regarding: (1) the process to request the use of a lactation room, as provided under Section 8-14C(b); (2) the process to request break time under Section 33-27; (3) the availability of a lactation room as required under subsection (c); and (4) best practices for maintenance of a lactation room, including recommended general cleaning of milk expression areas and storage of breast milk in the designated refrigerator. (b) Outreach and Education. The Director of the Office of Human Resources must provide, or cause to be provided, on its website informational materials related to prenatal and postpartum breastfeeding for County employees. (c) The Director of the Office of Human Resources, by use of existing or potential resources, must establish a method to communicate with County employees: (1) the location of a lactation room in a County building; and (2) the availability of that room for use.