# State Personnel and Pensions (GSP)

## Title 5. Employee Rights and Protections

### Subtitle 3. Maryland Whistleblower Law in the Executive Branch of State Government

#### Section 5-309

(a)

  (1) An employee subject to this subtitle may file with the Secretary a complaint that alleges a violation of Sec. 5-305 of this subtitle.

  (2) A complaint under this subtitle must be filed within 6 months after the complainant first knew of or reasonably should have known of the violation.

(b) When a complaint is received, the Secretary or designee promptly shall:

  (1) send a copy of the complaint to the head of the principal unit named in the complaint; and

  (2) advise the head of the principal unit to respond in writing to the complaint within 20 days after receiving the copy.

(c) Within 60 days after a complaint is received:

  (1) the complaint shall be investigated to determine whether a violation of Sec. 5-305 of this subtitle has occurred:

    (i) by the Secretary or designee of the Secretary; or

    (ii) if the Department is charged in the complaint, by a designee of the Governor; and

  (2) the Secretary or designee or the Governor's designee shall:

    (i) take the action described in subsection (d)(1) or (2) of this section; and

    (ii) issue to the complainant and head of the principal unit a written decision that includes any remedial action taken.

(d)

  (1) If the Secretary or designee or the Governor's designee determines that a violation has not occurred, the Secretary or Governor's designee shall dismiss the complaint.

  (2) If the Secretary or designee or the Governor's designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action.

(e) As a remedial action for a violation of Sec. 5-305 of this subtitle, the Secretary or designee may:

  (1) order the removal of any related detrimental information from the complainant's State personnel records;

  (2) require the head of the principal unit to:

    (i) hire, promote, or reinstate the complainant or end the complainant's suspension from employment;

    (ii) award the complainant back pay to the day of the violation;

    (iii) grant the complainant leave or seniority;

    (iv) take appropriate disciplinary action against any individual who caused the violation; and

    (v) take any other remedial action consistent with the purposes of this subtitle.

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