State Personnel and Pensions (GSP) — Title 8. Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management

Except as provided in paragraph (2) of this subsection, the pay plans established under this subtitle shall include:

The pay plans established under this subtitle do not apply to:

The Executive Pay Plan shall include each permanent position in the Executive Branch of State government, including each permanent position in the Governor's office, that is not included in the Standard Pay Plan and has a pay rate equal to or exceeding the lowest pay rate in the Executive Pay Plan.

In addition, and notwithstanding any other law, the Governor may include in the Executive Pay Plan any executive management position in a unit in the Executive Branch with independent pay-setting authority, except a position in the University System of Maryland, Morgan State University, or St. Mary's College.

Subject to § 2–1257 of the State Government Article, the Secretary shall submit to the Department of Legislative Services, on or before July 15, October 15, January 15, and April 15 of each fiscal year:

Pay rates in the Standard Pay Plan may be set by:

Pay rates in the Executive Pay Plan may be set by:

the prevailing pay rates for comparable services in private and public employment;

experience;

living costs;

benefits; and

the financial condition and policies of this State.

recruit or retain competent personnel; or

ensure that pay rates adequately compensate for the effort, knowledge, responsibility, skills, and working conditions of employees in the class.

Subject to § 2-1257 of the State Government Article, the Secretary shall report all amendments to the Standard Pay Plan to the General Assembly on or before the 15th day of the next regular legislative session.

If the General Assembly rejects an amendment, the appropriate reduction in pay rates takes effect as of the next fiscal year.

an appointing authority has imposed the denial as a disciplinary action under Title 11, Subtitle 1 of this article; or

the appointing authority denies the increase because of:

An increase in a pay rate under this subsection shall be based on the employee’s performance.

For or during a fiscal year, the head of a unit may recommend an increase in an employee’s pay rate above the rate for the previous fiscal year in the same grade in accordance with guidelines promulgated by the Secretary, provided that funds are available.

A pay increase under this subsection may be made to recruit or retain competent employees or to recognize increased duties and responsibilities.

Subject to the approval of the Governor, the Secretary may approve:

the Standard Pay Plan; or

except for a position for which pay is set by a unit with independent pay-setting authority, the Executive Pay Plan.

An employee subject to this section is entitled to extra pay, known as shift differential pay, if the employee:

A State-employed fire fighter is entitled to shift differential pay for qualifying hours if the fire fighter works on a shift of at least 8 hours, regardless of the time that the shift starts.

The Secretary shall adopt regulations for the payment of shift differential pay.

The regulations adopted under this section shall provide for fairness and equity among all employees in consideration of:

This subsection applies to employees in the Maryland Department of Health who:

The pay rate for an employee at the Clifton T. Perkins Hospital who is not receiving a forensic pay premium shall be at least two grades higher than the employee’s pay rate effective June 30, 2020.

Notwithstanding any other provision of law, the pay rate for an employee in the Behavioral Health Administration or the Developmental Disabilities Administration shall be equal to the pay rate effective July 1, 2020, for similarly trained, qualified, or licensed employees at the Clifton T. Perkins Hospital if the employee works at:

This subsection may not be construed to decrease the pay rate of any employee.

For any facility that had a forensic admission rate greater than 75% for the immediately preceding fiscal year, the facility shall:

This subsection may not be construed to eliminate the position, or decrease pay, of any employee in a Building Security Officer position who chooses not to participate in, or fails, a correctional training course approved by the Correctional Training Commission under Title 8, Subtitle 2 of the Correctional Services Article.

the Field Enforcement Bureau of the State Comptroller’s Office; or

the Field Enforcement Division of the Alcohol and Tobacco Commission.

the benefits that are provided in this subtitle; or

to the extent applicable, the benefits required by the federal Fair Labor Standards Act.

payment as provided in § 8-305 of this subtitle; or

compensatory time as provided in § 8-307 of this subtitle.

the granting of unnecessary overtime; and

the failure to grant overtime compensation to an eligible employee.

payment for time worked in excess of an employee’s normal workweek but not in excess of 40 hours in that workweek shall be made at the employee’s regular hourly rate of pay; and

payment for time worked in excess of 40 hours in a workweek shall be made at one and one–half times the employee’s regular hourly rate of pay.

This subsection:

For an employee subject to this subsection, payment for overtime work shall be made at the greater of:

This subsection applies to law enforcement and civilian employees of the Department of State Police who participate in the modified workday program established in accordance with § 2–411 of the Public Safety Article.

For an employee subject to this subsection, payment for overtime work shall be made at the greater of:

1 hour for each hour of overtime work for which the employee otherwise would receive the employee's regular hourly rate of pay; and

In this subsection, “off–duty hours” means any hours:

Except as otherwise provided in this subsection, a law enforcement employee of any unit of State government who is called to duty on the employee’s scheduled off–duty day is entitled to be paid at the rate of one and one–half times the employee’s regular hourly rate of pay for each hour worked on the off–duty day.

Except as provided in paragraph (4) of this subsection, a law enforcement employee of the Department of State Police holding a noncommissioned rank or a law enforcement employee of the Department of Natural Resources holding a rank of sergeant or below, park ranger supervisor or below, or park services supervisor or below who is called to duty during the employee’s off–duty hours is entitled to be paid at the rate of one and one–half times the employee’s regular hourly rate of pay for the greater of:

A law enforcement employee of the Department of State Police holding a noncommissioned rank or a law enforcement employee of the Department of Natural Resources holding a rank of sergeant or below who makes an appearance in court on official duty during the employee’s off–duty hours is entitled to be paid at the rate of one and one–half times the employee’s regular hourly rate of pay for the greater of:

compensatory time of 1 day; and

payment at the rate of one and one–half times the employee’s regular hourly rate of pay for each hour worked on that day.

the name of that employee;

the amount to be paid to that employee; and

the services for which payment is to be paid; and