In keeping with State efforts to reinvent government, restructuring of the State’s personnel system should enhance the delivery of services to citizens in an effective and timely manner. To maintain efficient and effective operations of State government, each State employee: shall be treated with fairness in State employment; may participate in the State Health and Welfare Benefits Program in accordance with Subtitle 5 of this title; may participate in the State Retirement and Pensions Systems in accordance with Division II of this article; subject to Title 9, Subtitle 6 of this article, may participate in the State Employees' Leave Bank and the Employee-to-Employee Leave Donation Program; who transfers to a position in any unit of State government, regardless of the personnel system governing the position, shall do so without loss of leave earned or credit for State employment in other units of State government; and is entitled to the rights and protections in this title.

The State recognizes and honors the value and dignity of every person and understands the importance of providing employees and applicants for employment with a fair opportunity to pursue their careers in an environment free of discrimination or harassment prohibited by law. Except as provided in paragraph (2) of this subsection or by other law, all personnel actions concerning a State employee or applicant for employment in State government shall be made without regard to: age; ancestry; color; creed; gender identity; marital status; mental or physical disability; national origin; race; religious affiliation, belief, or opinion; sex; or sexual orientation. A personnel action may be taken with regard to age, sex, or disability to the extent that age, sex, or physical or mental qualification is required by law or is a bona fide occupational qualification. Each State employee is expected to assume personal responsibility and leadership in ensuring fair employment practices and equal employment opportunity in Maryland State government. Employment discrimination and harassment by State managers, supervisors, or other employees is prohibited. A State employee who violates this subtitle is subject to disciplinary action by the employee’s appointing authority, including the termination of State employment. The Equal Employment Opportunity Program in Title 5, Subtitle 2 of this article governs all employees of any unit in the Executive Branch of State government, including a unit with an independent personnel system. At least annually, the Secretary shall report on the Equal Employment Opportunity Program established in § 5–202 of this article to the Joint Committee on Fair Practices and State Personnel Oversight. The head of a personnel system in the Legislative and Judicial branches may report periodically on equal employment opportunity programs and policies in effect in that personnel system to the Joint Committee on Fair Practices and State Personnel Oversight.

The State recognizes the rights and protections afforded to its employees under federal law. This subsection does not affect an age requirement established by State law or a grant of authority under State law to establish reasonable minimum or maximum age requirements. A denial of employment for medical reasons shall comply with applicable federal and State laws and regulations. Before an applicant may be denied employment or an employee terminated for medical reasons, the appointing authority or a designee of the appointing authority shall document in writing: that, under relevant provisions of federal and State law and regulations, reasonable accommodations were considered; the specific accommodations that were considered; and the reasons for rejecting those accommodations. This subsection does not apply to temporary employees. A State employee may not be denied the opportunity to seek, qualify for, or receive any promotion solely because the employee is on leave for maternity reasons or on sick leave, if the employee is expected to return to work within 120 days after receiving notice of an interview for the position.

Employment by the State does not affect any right or obligation of a citizen under the Constitution and laws of the United States or under the Constitution and laws of the State. Except as otherwise provided in this section or by federal law, a State employee: may freely participate in any political activity and express any political opinion; and may not be required to provide any political service. Notwithstanding any other law of the State effective on or before June 30, 1973, the restrictions imposed by subsection (c) of this section are the only restrictions on the political activities of an employee, except for: the restrictions imposed on employees of a local board of elections by § 2-301 of the Election Law Article; and the restrictions imposed on employees of the Department of Legislative Services by guidelines adopted under § 2-1205 of the State Government Article. An employee may not: engage in political activity while on the job during working hours; or advocate the overthrow of the government by unconstitutional or violent means. In this subsection, “political contribution” means a contribution as defined in § 1-101 of the Election Law Article. A public official or an employee of the State may not require any State employee to make a political contribution.

This section applies to all employees of all units in the Executive, Judicial, and Legislative branches of State government, including all units with independent personnel systems except for the Department of Transportation and the University System of Maryland. During any stage of a State employee's complaint, grievance, or other administrative or legal action that concerns State employment, the employee may not be subjected to coercion, discrimination, interference, reprisal, or restraint by or initiated on behalf of the employer solely as a result of that employee's pursuit of the grievance, complaint, or action. A State employee may not intentionally take or assist in taking an act of coercion, discrimination, interference, reprisal, or restraint against another employee solely as a result of that employee's pursuit of a grievance, complaint, or other administrative or legal action that concerns State employment. An employee who violates subsection (c) of this section is subject to disciplinary action, including the termination of State employment.

In this section the following words have the meanings indicated. “Alcohol concentration” has the meaning stated in § 11–103.2 of the Transportation Article. “Probation before judgment” means an entry of probation by a court in accordance with § 6–220 of the Criminal Procedure Article. “State Substance Abuse Policy” means the policy against substance abuse in State government, as set out in Executive Order Number 01.01.1991.16 and any subsequent Executive Order. “Workplace” means any place where an employee is performing work for the State of Maryland. This section may not be construed to eliminate or alter in any way any requirement of an employee to report to an appointing authority an offense, conviction, or probation before judgment under the State Substance Abuse Policy. Except as provided in subsection (d) of this section, an appointing authority may not consider probation before judgment for a substance abuse offense to be a conviction for purposes of the State Substance Abuse Policy. An appointing authority may impose appropriate disciplinary action, including termination, against an employee under the State Substance Abuse Policy, if: the employee receives probation before judgment in a substance abuse offense; and the appointing authority can demonstrate a relationship between that substance abuse offense and the employee’s job responsibilities. An employee who consumes an alcoholic beverage in the workplace: shall be in violation of the State Substance Abuse Policy and subject to disciplinary action; and may not drive a State vehicle or operate State construction equipment during the employee’s normal workday. Employees who are called in to work outside of their regularly scheduled hours shall be provided the opportunity to acknowledge they have consumed alcohol within the previous four hours. The employees who make an acknowledgment under paragraph (1) of this subsection may not be subject to disciplinary action and may not be assigned to perform a safety–sensitive function.

A State employee may not directly supervise the employee's parent, spouse, sibling, or child. A State employee may not use, threaten to use, or attempt to use political influence or the influence of any State employee or officer in gaining an unfair advantage in any personnel decision affecting the employee, including a decision about promotion, transfer, leave of absence, or increased pay, or in disciplinary actions. A State employee may not use, threaten to use, or attempt to use personal influence in providing an unfair advantage to another individual in any personnel decision, including a decision about hiring, promotion, transfer, leave of absence, or increased pay, or in disciplinary actions. An employee who violates this section is subject to disciplinary action, including the termination of State employment.

In this section the following words have the meanings indicated. “Appropriate official” means: for the Executive Branch, the Secretary; for the Judicial Branch, the State Court Administrator; for the Legislative Branch, the President of the Senate and the Speaker of the House, acting jointly; or for each public institution of higher education, the President of the institution. “Public institution of higher education” means: a public senior higher education institution, as defined in § 10–101 of the Education Article; and a community college. “Telework” means to work at a location other than a traditional office setting or an employee’s usual and customary worksite, including: the employee’s home; a satellite office; and a telework center. This section applies to: all employees in: the Judicial, Legislative, and Executive branches of State government; and each public institution of higher education; and all units in the Judicial, Legislative, and Executive branches of State government, including units with independent personnel systems; and each public institution of higher education. Each appropriate official shall: establish a telework program applicable to the appropriate official’s branch of government or public institution of higher education; and adopt a telework policy and telework guidelines applicable to the appropriate official’s branch of government or public institution of higher education. Each appropriate official may: designate the positions for which an employee would be eligible to telework; and beginning fiscal year 2023, negotiate criteria for designated telework positions if the employees affected by telework policies are represented by an exclusive representative. Each appropriate official shall, to the extent practicable, maximize the number of eligible employees participating in the telework program established under subsection (c) of this section. Each appropriate official shall issue guidelines to ensure the adequacy of information and security protection for information and information systems used while teleworking. The appropriate official for each unit in the Executive Branch shall develop the guidelines under paragraph (1) of this subsection in coordination with the Department of Information Technology. Guidelines issued under this section shall, at a minimum, include requirements necessary to: control access to and protect unit information and information systems; limit the introduction of vulnerabilities to unit information systems; protect information systems not under control of the unit that are used for teleworking; safeguard wireless and other communications capabilities that are used for teleworking; and prevent inappropriate use of official time or resources in violation of a unit’s policies. An employee determined to be eligible to participate in a telework program established under subsection (c) of this section shall receive and acknowledge the guidelines issued under this section before participating in the telework program. On or before December 1 each year, the Department shall report to the Senate Budget and Taxation Committee and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, on the number of eligible and participating employees in the applicable telework program established under subsection (c) of this section. Each appropriate official shall submit to the Department any information the Department determines is necessary to complete the report required under paragraph (1) of this subsection.

This section applies to all units in the Executive Branch of State government, including units with independent personnel systems. A unit subject to this section may not limit, to less than 60 days, the aggregate number of days of accrued sick leave that two employees who are responsible for the care and nurturing of a child may use, without certification of illness or disability, to care for the child during the period immediately following: the birth of the employees’ child; or the placement of the child with the employees for adoption. In implementing the federal Family and Medical Leave Act of 1993, a unit subject to this section may not limit, to less than 24 weeks, the aggregate number of weeks of family and medical leave that two employees who are married to one another may use during a 12–month period for: the birth of the employees’ child; the placement of a child with the employees for adoption or foster care; the serious health condition of the employees’ child, if the child is a minor; or the care of the employees’ adult child, if the adult child is incapable of self–care.

The State, through its appropriate officers and employees, shall provide: a reasonable break time for an employee to express breast milk for her nursing child after the child’s birth each time the employee needs to express the milk; and on notice, a place, other than a bathroom, that is shielded from view and free from coworkers and the public and that may be used by an employee to express breast milk. The State may not be required to compensate an employee receiving reasonable break time under subsection (a)(1) of this section for any time spent expressing breast milk at work.

In this section, “limitation” includes: a temporary disability for job–related purposes caused or contributed to by pregnancy or childbirth; and a restriction on the ability of an employee to perform job functions caused or contributed to by pregnancy or childbirth. This section applies to all units in the Executive, Judicial, and Legislative branches of State government, including all units with independent personnel systems. A unit of State government, through its appropriate officers and employees, shall provide reasonable accommodations to an employee with a limitation caused or contributed to by pregnancy or childbirth, including by: changing the employee’s job duties; changing the employee’s work hours; relocating the employee’s work area; providing mechanical or electrical aids; transferring the employee to a less strenuous or less hazardous position; or providing leave. A unit of State government may not: require an employee to take leave, whether paid or unpaid, if the employer can provide another reasonable accommodation for the employee’s limitation caused or contributed to by pregnancy or childbirth; or require an employee to accept an accommodation that the employee chooses not to accept if: the employee does not have a limitation caused or contributed to by pregnancy or childbirth; or the accommodation is not necessary for the employee to perform the essential duties of the employee’s job.

In this section the following words have the meanings indicated. “Gender–affirming treatment” has the meaning stated in § 15–151 of the Health – General Article. “Legally protected health care” means: all reproductive health services, medications, and supplies related to the direct provision or support of the provision of care related to pregnancy, contraception, assisted reproduction, and abortion that is lawful in the State; or all gender–affirming treatment, including medications and supplies, related to the direct provision or support of the provision of care related to gender–affirming treatment that is lawful in the State. This section does not apply to an interstate investigation or proceeding described under subsection (c) of this section if: the interstate investigation or proceeding concerns conduct that would be subject to civil liability, criminal liability, or administrative sanction if committed in the State; or the subject of the interstate investigation or proceeding submits a written request to provide information or assistance to the investigation or proceeding. An agency of the State or a political subdivision of the State, an agent or employee of the State or a political subdivision of the State acting in the agent’s or employee’s official capacity, or a private party providing services on behalf of the State or a political subdivision of the State, may not provide information, expend time or money, or use State facilities, State property, State equipment, State personnel, or other State resources in furtherance of any interstate investigation or proceeding seeking to impose civil or criminal liability on, or administrative sanction against, a person for any activity relating to legally protected health care if the activity would not be subject to civil or criminal liability or professional sanction in the State.