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

An employee is separated from State service when the appropriation in the State budget for the position is: omitted by the Governor, as evidenced in the supporting documentation submitted with the budget; struck by the General Assembly, as evidenced in the budget bill or in the report of the budget committees; or reduced by the Governor in accordance with § 7-213 of the State Finance and Procurement Article, as evidenced in the supporting documentation submitted to the Board of Public Works. An employee may not appeal a separation from employment under this section. 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.

An appointing authority may terminate the employment of a probationary employee. 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. An appointing authority may suspend a probationary employee with pay between the date of the notice and the effective date of the termination. A probationary employee may appeal a termination under this section only on the grounds that the termination is illegal or unconstitutional.

This section applies to employees on probation following a promotion or reinstatement to a position in the skilled service or professional service. This section does not apply to probationary employees in the management service. 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: return the employee to the employee's former position if it is vacant; or demote the employee to a position comparable to the employee’s position within the appointing authority's jurisdiction. A probationary employee may appeal a demotion under this section as a disciplinary action.

This section applies only to an employee who is in a position: under a special appointment; in the management service; or in the executive service. This section does not apply to a health officer appointed under § 3–302 of the Health – General Article. Each employee subject to this section: serves at the pleasure of the employee’s appointing authority; and may be terminated from employment for any reason that is not illegal or unconstitutional, solely in the discretion of the appointing authority. A management service employee or a special appointment employee designated by the Secretary under § 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. An employee or an employee’s representative may file a written appeal of an employment termination under this section as described under § 11–113 of this title.

As of the effective date of an employment termination, the individual whose employment is terminated: is a former employee; and shall have the appeal rights provided by this title.