<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 11.02.08.03" title_num="11" subtitle_num="02" chapter_num="08" heading="Disciplinary Suspension.">
  <paragraph num="A.">
    <text>An appointing authority or the appointing authority's designee may suspend an employee without pay because of unacceptable job performance or work-related conduct.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Disciplinary Suspension of Fair Labor Standards Act (FLSA) Exempt Employees.</text>
    <paragraph num="(1)">
      <text>The appointing authority, or the appointing authority's designee, may suspend an FLSA exempt employee as provided for under §A of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>FLSA exempt employees shall be suspended in increments of 5 workdays, as defined in COMAR 11.02.03.01B(10).</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Suspension days shall be consecutive and shall include any day that:</text>
    <paragraph num="(1)">
      <text>Is an observed holiday;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An employee is on leave; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An employee is scheduled to work.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Time Limit for Imposition of Suspension. A disciplinary suspension shall be imposed within the time frame set forth in Regulation .01D of this chapter.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Exceptions to §D of this regulation are actions taken by Accident Review Boards of the Department. Each board has 20 calendar days for review of accidents, and then suspensions shall be imposed as set forth in Regulation .01D of this chapter.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Written Notice. The appointing authority or the appointing authority's designee shall notify an employee in writing, on a Transportation Service Suspension form, of the reasons for the suspension and the appropriate appeal route, including the time frames for appeal.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Appeal of a Disciplinary Suspension. An employee may appeal a disciplinary suspension in accordance with the procedures set forth in Regulation .10 of this chapter.</text>
  </paragraph>
</regulation>