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<section number="16-178" name="Limited-term employee status" law="code" slug="sec-16-178" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV10EMST_S16-178LIRMEMST">
  <level label="a">
    <text>A limited-term status employee shall mean any employee who is competitively or noncompetitively appointed, reassigned, transferred, or competitively or noncompetitively promoted to a classified service position, where said position:</text>
    <level label="1">
      <text>Has been vacated by the incumbent for an extended period of time by virtue of an approved grant of sick, administrative, or disability leave; leave without pay; or military leave without pay;</text>
    </level>
    <level label="2">
      <text>Has been vacated by virtue of the separation of the incumbent from said position under adverse action proceedings initiated and taken against the incumbent, and said action is pending, on appeal, before the Personnel Board or a court of law;</text>
    </level>
    <level label="3">
      <text>Has been vacated by an employee who has been reassigned, transferred, or promoted to a position where the incumbent thereof is absent from said position under the circumstances cited in subparagraphs (a)(1) or (2), above;</text>
    </level>
    <level label="4">
      <text>Is one which is created exclusively for use as part of an internship program developed to provide work experience for students enrolled in, or recently graduated from, post-secondary educational institutions, or to provide citizens with experience in governmental affairs;</text>
    </level>
    <level label="5">
      <text>Is one which is created exclusively for use as part of an established program for the employment of senior citizens or persons with disabilities, students, trainees, interns, and similarly situated persons, for which there are inadequate training opportunities in private industry; or,</text>
    </level>
    <level label="6">
      <text>Is one which is created exclusively for use as part of a program which is implemented pursuant to a grant from, or other financial agreement with, the Federal or State government or other private funding source, where such grant or agreement does not provide sufficient funding for full employee benefits or permanent employment.</text>
    </level>
  </level>
  <level label="b">
    <text>Any appointment, reassignment, transfer, or promotion effectuated under the circumstances cited in Subsection (a), above, shall be deemed to be a limited-term appointment, reassignment, transfer, or promotion, as appropriate.</text>
  </level>
  <level label="c">
    <text>Any employee occupying a classified service position under the terms of a limited-term appointment, as defined in Subsection (b), above, shall only be entitled to those benefits as are specifically granted under Section 16-179 to exempt status employees occupying classified service positions under the terms of a temporary/provisional or temporary/emergency appointment. Any such limited-term status employee shall be removed from the position occupied upon the effective date of the return of the incumbent to said position as provided under Section 16-187. However, if the position the limited-term status employee occupies becomes permanently vacant because the incumbent does not elect to return to or is not entitled to be reinstated in the position, then, and in such event, the limited-term status employee shall be converted to probationary status and, by virtue thereof, shall be subject to the provisions of Article IX for the purposes of determining said employee's right to be converted to permanent status; provided however, that the aforesaid probationary period shall not be applicable to any such limited-term status employee in any case where such employee had occupied the position giving rise to the limited-term appointment for a period equal to the length of the probationary period established for the class of work applicable to the position; in such event, such employee shall be converted to permanent status, as appropriate, and shall be retroactively credited for the period of the limited-term status appointment for purposes of annual and sick leave accrual under the provisions of Sections 16-220 and 16-221, respectively.</text>
  </level>
  <level label="d">
    <text>Any employee occupying a classified service position under the terms of a limited-term reassignment, transfer, or competitive or noncompetitive promotion, as defined in Subsection (b), above, shall retain all the rights and benefits the employee was entitled to as a permanent status employee immediately prior to any such reassignment, transfer, or promotion. Any such limited-term status employee shall be entitled to return to said employee's former position upon the return of the incumbent to the position temporarily occupied by said limited-term status employee as provided under Section 16-187, and shall be granted all rights and benefits as if the employee had remained in the former position. In the event the employee's former position had been abolished during the period of the employee's limited-term status, then, in such event, the employee shall be entitled to return to another position of the same or a comparable grade and class of work. However, if the position the limited-term status employee occupies becomes permanently vacant because the incumbent does not elect to return to or is not entitled to be reinstated in the position, then, and in such event, the limited-term status employee may elect either to remain in the position or to return to the employee's former position. In the event that the limited-term status employee elects to remain in the position as provided in the preceding sentence, said employee shall, by virtue thereof, be converted back to permanent status.</text>
  </level>
  <level label="e">
    <text>Notwithstanding any provision of this Subtitle to the contrary, a limited-term status employee appointed to a position pursuant to subparagraph (a)(4) and (5), above, shall be appointed for a period of time and shall only be entitled to receive employee benefits as specifically established in the classification plan and salary plans for the particular position.</text>
  </level>
  <level label="f">
    <text>Notwithstanding any provision of this Subtitle to the contrary, a limited-term status employee appointed to a position pursuant to subparagraph (a)(6), above, shall be appointed for a period of time not to exceed the term of the grant or other financial agreement providing the funding for the position, and shall only be entitled to receive employee benefits as funded by the grant or other financial agreement.</text>
  </level>
</section>
