Issuing a counseling memorandum is an instructional communication and is not a disciplinary action within the meaning of this subtitle. Within 5 days after receiving a counseling memorandum, an employee may submit to the employee's appointing authority a written response to the memorandum. The response shall be placed in the employee's file and attached to any record of the memorandum. An employee may not take any other action in response to a counseling memorandum. Placing an employee on leave without pay when the employee is absent without approval is not a disciplinary action within the meaning of this subtitle. An employee who is placed on leave without pay for an unapproved absence also may be subject to disciplinary action for the unapproved absence. Requiring an employee to make restitution to the State for loss or damage to State property due to the employee's negligence is not a disciplinary action within the meaning of this subtitle. An appointing authority may not require an employee to pay restitution exceeding 3% of the employee's annual base pay. An employee who is ordered to make restitution under this subsection also may be subject to civil prosecution or criminal prosecution for wanton destruction of property under the State law.