# State Personnel and Pensions (GSP)

## Title 11. Disciplinary Actions, Layoffs, and Employment Terminations in State Personnel Management System

### Subtitle 3. Employment Separations and Terminations

#### Section 11-301

This subtitle applies to all nontemporary employees in the State Personnel Management System.

#### Section 11-302

(a) An employee is separated from State service when the appropriation in the State budget for the position is:

  (1) omitted by the Governor, as evidenced in the supporting documentation submitted with the budget;

  (2) struck by the General Assembly, as evidenced in the budget bill or in the report of the budget committees; or

  (3) reduced by the Governor in accordance with Sec. 7-213 of the State Finance and Procurement Article, as evidenced in the supporting documentation submitted to the Board of Public Works.

(b) An employee may not appeal a separation from employment under this section.

(c) An employee who is separated under this section is not subject to the layoff provisions of Subtitle 2 of this title with the exception that an employee who is separated shall have the same reinstatement rights as a laid-off employee.

#### Section 11-303

(a) An appointing authority may terminate the employment of a probationary employee.

(b) Before terminating an employee who is on probation, the appointing authority shall give the employee a notice of termination at least 10 days before the effective date of the termination.

(c) An appointing authority may suspend a probationary employee with pay between the date of the notice and the effective date of the termination.

(d) A probationary employee may appeal a termination under this section only on the grounds that the termination is illegal or unconstitutional.

#### Section 11-304

(a)

  (1) This section applies to employees on probation following a promotion or reinstatement to a position in the skilled service or professional service.

  (2) This section does not apply to probationary employees in the management service.

(b) If, in the appointing authority's judgment, a probationary employee subject to this section is unable or unwilling to satisfactorily perform the duties or responsibilities of the position, the appointing authority shall:

  (1) return the employee to the employee's former position if it is vacant; or

  (2) demote the employee to a position comparable to the employee's position within the appointing authority's jurisdiction.

(c) A probationary employee may appeal a demotion under this section as a disciplinary action.

#### Section 11-305

(a)

  (1) This section applies only to an employee who is in a position:

    (i) under a special appointment;

    (ii) in the management service; or

    (iii) in the executive service.

  (2) This section does not apply to a health officer appointed under Sec. 3-302 of the Health - General Article.

(b) Each employee subject to this section:

  (1) serves at the pleasure of the employee's appointing authority; and

  (2) may be terminated from employment for any reason that is not illegal or unconstitutional, solely in the discretion of the appointing authority.

(c) A management service employee or a special appointment employee designated by the Secretary under Sec. 4-201(c)(2)(i) of this article may not be terminated for the purpose of creating a new position for another individual's appointment because of that individual's political affiliation, belief, or opinion.

(d) An employee or an employee's representative may file a written appeal of an employment termination under this section as described under Sec. 11-113 of this title.

#### Section 11-306

As of the effective date of an employment termination, the individual whose employment is terminated:

(1) is a former employee; and

(2) shall have the appeal rights provided by this title.

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Md. Code Ann., State Pers. & Pens. (as displayed at mgaleg.maryland.gov, October 16, 2026)