# COMAR Title 11 — Department of Transportation

## Subtitle 02 — Transportation Service Human Resources System

### Chapter 07 — Layoff

**Authority:** Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland

**Administrative History:** Effective date: January 18, 1993 (20:1 Md. R. 27)

**Administrative History:** Regulation .03C amended effective September 12, 1994 (21:18 Md. R. 1509)

#### Regulation .01 General Provisions.

*COMAR 11.02.07.01*

A. This chapter does not apply when positions are deleted from the budget by the:

  (1) Governor's decision to omit an appropriation for a position from the budget bill as evidenced in the supporting documentation submitted in the budget;

  (2) General Assembly's decision to strike out an appropriation for a position as evidenced in the budget bill or in the report of the budget committees; or

  (3) Governor's decision pursuant to State Finance and Procurement Article, §7-213, Annotated Code of Maryland, with the approval of the Board of Public Works, to reduce an appropriation for a position included in the budget bill as enacted, as evidenced in the supporting documentation submitted to the Board of Public Works.

B. Career Service employees who are in positions that are to be abolished, discontinued, or vacated because of a change in Departmental organization or because of work stoppage, lack of funds, or lack of work, may be laid off.

C. Appointing authorities shall provide the Secretary with a proposed list of positions and the reason for the layoff. The Secretary shall review the request and, at the Secretary's discretion, approve or disapprove the recommended layoff.

D. Employees in positions to be abolished, discontinued, or vacated shall receive at least 30 days notice.

E. An employee who has been notified of an impending layoff may request to displace another employee with the fewest retention points in the same classification within an administration or the Department. At the Secretary's discretion, displacement may be limited to an organizational unit within an administration.

#### Regulation .02 Retention Points.

*COMAR 11.02.07.02*

A. Formula for Establishing Retention Points. The Secretary shall establish a formula which reflects the following factors and percentages:

  (1) Total State service — 25 percent;

  (2) Total service in the Department — 50 percent; and

  (3) Performance appraisals — 25 percent.

B. On July 1, 1996, the formula shall reflect the following percentages:

  (1) Total State service — 15 percent;

  (2) Total service in the Department — 35 percent; and

  (3) Performance appraisals — 50 percent.

#### Regulation .03 Severance Pay.

*COMAR 11.02.07.03*

A. Employees who are laid off who have 1 year or more of service with the Department of Transportation shall receive severance pay.

B. The Secretary may also authorize the offering of severance pay to employees in designated work units affected by a reduction in force who resign instead of a layoff action.

C. Severance pay for employees who are laid off, except for employees laid off due to lack of funds, is 1 week of pay for each year of service with the State, with a minimum of 4 weeks and a maximum of 26 weeks.

D. Subject to §A of this regulation, employees laid off due to lack of funds shall receive 4 weeks severance pay, regardless of length of service.

E. If an employee who is laid off, or resigns instead of layoff, returns to employment with the Department within 6 months in the same classification, the employee shall reimburse the Department, on a prorated basis, for any severance pay received.

#### Regulation .04 Recall.

*COMAR 11.02.07.04*

Employees who are laid off or resign instead of layoff shall be placed on a list of eligibles for their classification for reinstatement for 5 years as specified in COMAR 11.02.05.