Chapter 02. Human Resources System
Regulation .01 Scope.LinkCopy Citation
A.
These regulations apply to an individual who:
(1)
Is hired by the Service after June 30, 1993;
(2)
Was employed by the Service before July 1, 1993, but who is not a member of the State Personnel Management System; and
(3)
Transfers from the State Personnel Management System to the human resources system established by Natural Resources Article, §3-103.1, Annotated Code of Maryland.
B.
These regulations shall apply to the Executive Director, but not to any other member of the Board of Directors.
C.
Regulations .05, .06, .10—.13, .15A—F, .16, .17, .21, .25, and .27 of this chapter do not apply to temporary employees of the Service.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Applicant” means an individual who submits a request to be considered for employment by the Service after the Service announces that it is seeking applicants.
(2)
“Board” means the Board of Directors of the Service.
(3)
“Classification” means the descriptive title assigned to a single position or group of positions that are similar in duties, responsibilities, and minimum qualifications, and have the same pay grade.
(4)
“Demotion” means a change from one position to another position which has a lower maximum pay grade or reduced duties and responsibilities.
(5)
“Director” means the Executive Director of the Maryland Environmental Service.
(6)
Employee.
(a)
“Employee” means an individual who is hired or who transfers to a position under the regulations, policies, and procedures of the Service's human resources system.
(b)
“Employee” includes a contractual employee, a senior management employee, and a temporary employee.
(c)
“Employee” does not include an inmate or patient in a State institution who is employed by the Service.
(7)
“Human resources system” means the Service's personnel system established by this chapter.
(8)
“Leave” means official absence from Service duties and responsibilities.
(9)
“Overtime” means work in excess of 40 hours per week.
(10)
“Performance appraisal” means an evaluation of an employee's work performance based on predefined duties and responsibilities as described in job descriptions and performance planning documents.
(11)
“Physical and mental qualification standards” means job-related physical and mental criteria necessary to perform the essential functions of a specific position.
(12)
“Position” means a set of duties and responsibilities which are or could be performed by a single individual. A position may be either filled or vacant, full-time or part-time.
(13)
“Probation” means a trial work period.
(14)
“Promotion” means a change from one position to another position which has a higher maximum pay grade and increased duties and responsibilities.
(15)
“Service” means the Maryland Environmental Service.
(16)
“Supervisor” means an employee who is authorized to direct or manage another employee's duties, responsibilities, and access to benefits.
(17)
Temporary Employee.
(a)
“Temporary employee” means an individual hired by the Service for a period not to exceed 6 months.
(b)
“Temporary employee” includes a student employee.
Regulation .03 Equal Employment Opportunity.LinkCopy Citation
A.
The Service shall have a comprehensive equal employment opportunity/affirmative action program covering all elements of the Service's human resource policies and management practices.
B.
The Service shall implement this chapter in a manner that does not discriminate on the basis of:
(1)
Race;
(2)
Color;
(3)
Age;
(4)
Creed;
(5)
Sex;
(6)
National origin;
(7)
Religious affiliation, belief, or opinion;
(8)
Marital status;
(9)
Physical or mental disability;
(10)
Sexual orientation;
(11)
Ancestry;
(12)
Gender identity; or
(13)
Other factors not related to work performance or job qualifications.
Regulation .04 Organization of Human Resources System.LinkCopy Citation
A.
The Service shall have a human resources system. The Human Resources Division of the Service shall administer and manage the human resources system. The Human Resources Division shall maintain records that:
(1)
Document any action affecting the status of an employee; and
(2)
Are required to be maintained by law.
B.
The Board may adopt policies and procedures for administering the human resources system and shall maintain records of the policies and procedures.
Regulation .05 Qualifications and Examinations.LinkCopy Citation
A.
The Service shall establish minimum qualifications and selection criteria for an employment position.
B.
Examinations. The Service may require an applicant for employment to participate in an examination of the applicant's job-related qualifications.
C.
Returning Veterans and Reservists. The Service shall employ returning veterans and reservists in accordance with the provisions of State Personnel and Pensions Article, Title 2, Subtitle 7, Annotated Code of Maryland.
Regulation .06 Hiring Employees.LinkCopy Citation
A.
Selection Criteria.
(1)
The Service shall select for employment the applicant who best meets the selection criteria established by the Service.
(2)
The Service may hire an individual who does not meet the Service's minimum qualifications or the selection criteria if the:
(a)
Service determines that the individual is more qualified for the employment position than another applicant; or
(b)
Individual is currently employed at a project or facility for which the Service assumes operation or management.
B.
Physical and Mental Examinations.
(1)
An applicant who is selected for employment shall undergo a physical and mental examination. The Service may not require an applicant to undergo a physical and mental examination before being offered employment by the Service. Any offer of employment is contingent upon the applicant meeting the physical and mental qualification standards for the position for which the Service makes the offer of employment.
(2)
Physical and mental qualification standards shall be job-related and consistent with business necessity. The Service shall provide reasonable accommodations to an applicant who does not meet the physical or mental qualification standards, unless the accommodation would impose an undue hardship upon the Service.
(3)
The Service may revoke an offer of employment to an applicant who:
(a)
Does not meet either the physical or mental qualification standards for the employment position; and
(b)
Cannot be reasonably accommodated by the Service without undue hardship upon the Service.
Regulation .07 Probation.LinkCopy Citation
A.
An employee of the Service shall serve a probationary period of 6 months from the date the employee is hired.
B.
An employee's probation may be extended for an additional period not to exceed 3 months. The maximum period of probation including extension may not exceed 9 months.
C.
Termination of Probationary Employees.
(1)
The Service may terminate a new employee on probation without cause.
(2)
Except as provided in §C(3) of this regulation, the Service shall notify the employee at least 2 weeks before the effective date of the termination.
(3)
The Service may terminate a new employee on probation without 2 weeks notice if the:
(a)
Service determines that the employee misrepresented any information on the employee's employment application; or
(b)
Termination is due to a breach of discipline or gross incompetence.
Regulation .08 Compensation of Employees.LinkCopy Citation
A.
Salaries and Wages.
(1)
The Service shall compensate an employee according to:
(a)
The Service's budget; and
(b)
A salary structure that is developed by the Director and approved by the Board.
(2)
The salary structure in §A(1)(b) of this regulation shall list the complete salary range of classes of positions and may include a pay plan and salary rules.
B.
Incentive Pay. The Director, with the approval of the Board, may establish an incentive pay plan. The Board shall approve all disbursement of incentive pay and shall determine the eligibility of Service employees to participate in an incentive pay plan.
C.
Salary Structure. The Service shall conduct salary reviews periodically and may recommend that the Board adjust the Service salary structure based on these reviews.
D.
Merit Increase Adjustment. Merit increases for individual employees shall be made on the basis of the annual performance appraisal and under guidelines approved by the Board.
Regulation .09 Overtime.LinkCopy Citation
A.
The Director, or the Director's designee, may require an employee to work a period of time in excess of the employee's standard workweek or workday, dependent upon workload demands.
B.
The Service shall pay preapproved overtime to employees who are nonexempt under the Fair Labor Standards Act in accordance with the Fair Labor Standards Act, 29 U.S.C. §201 and the provisions of State Personnel and Pensions Article, Title 8, Subtitle 3, Annotated Code of Maryland.
Regulation .10 Benefits.LinkCopy Citation
The Board shall establish a benefits plan, which includes reasonable eligibility criteria, for employees. The benefits plan shall be consistent with State Personnel and Pensions Article, §2-511, Annotated Code of Maryland, which allows employees to participate in the State Employee and Retiree Health and Welfare Benefits Program.
Regulation .11 Annual Leave.LinkCopy Citation
A.
Amount of Leave Earned.
(1)
From the 1st through the 6th month of employment, an employee may not earn annual leave. Upon completion of the 6th month of service, the Service shall credit an employee with annual leave for the first 6 months on the basis of 1 hour of leave for each 26 hours worked.
(2)
From the beginning of the 1st year of employment through the completion of the 5th year of employment, an employee shall earn annual leave at the rate of 1 hour of leave for each 26 hours worked. An employee who has been employed less than 5 years by the Service may not earn more than 80 hours of annual leave in a calendar year.
(3)
From the beginning of the 6th year of service through the completion of the 10th year of employment, an employee shall earn annual leave at the rate of 11/2 hours of leave for each 26 hours worked. An employee who has been employed less than 10 years by the Service may not earn more than 120 hours of annual leave in a calendar year.
(4)
From the beginning of the 11th year of service through the completion of the 20th year of service, an employee shall earn annual leave at the rate of 2 hours of leave for each 26 hours worked. An employee who has been employed less than 20 years by the Service may not earn more than 160 hours of annual leave in a calendar year.
(5)
From the beginning of the 21st year of service and after that, an employee shall earn annual leave at a rate of 21/2 hours of leave for each 26 hours worked. An employee who has been employed more than 21 years by the Service may not earn more than 200 hours of annual leave a year.
(6)
Under this regulation, the amount of hours an employee has worked includes any hours the employee is on paid leave. An employee may not earn annual leave for hours worked in excess of the employee's standard workweek.
(7)
Under this regulation, an employee's years of employment include all time the employee has been employed by the Service, regardless of any break in employment with the Service.
B.
Accumulated Annual Leave.
(1)
An employee may accumulate unused annual leave and may carry over from one calendar year to the next year up to 75 days or 600 hours of that unused annual leave. Any accumulated and unused annual leave in excess of 75 days or 600 hours, whichever is greater, shall be forfeited at the beginning of the first full pay period of the next calendar year.
(2)
For a part-time employee, annual leave may be accumulated to a maximum determined on the basis of the percentage of 600 hours of annual leave equal to the percentage of employment, and carried into a new calendar year.
C.
Use of Annual Leave. If an employee has sufficient annual leave, then the employee shall make a reasonable effort to use a minimum of 80 hours of annual leave in a calendar year. An employee shall obtain the approval of the employee's supervisor before using annual leave.
D.
The Board may establish the amount of annual leave for which designated classes of employees may be eligible to receive. The amount of annual leave may not be less than the amount of annual leave authorized by §A of this regulation. The Board shall determine the circumstances under which the designated classes of employees may utilize annual leave.
Regulation .12 Sick Leave.LinkCopy Citation
A.
Amount of Leave Earned.
(1)
Starting with the first month of service an employee shall earn 1 hour of sick leave for every 37.14 hours worked. An employee may not earn more than 7 days of sick leave in a calendar year.
(2)
An employee may not earn sick leave upon hours worked in excess of the employee's standard workweek.
(3)
Under this regulation the amount of hours an employee has worked shall include any hours the employee is on paid leave.
B.
The Director, with the approval of the Board, may establish an incentive program for employees. The incentive program may include provisions for the Service to reimburse an employee for unused sick leave if the employee's accumulated sick leave is reduced by an amount equal to the reimbursement.
C.
Advanced Sick Leave.
(1)
The Service may advance up to 15 days of sick leave to an employee in any calendar year for a serious disability, ailment, or illness if no other leave with pay is credited to the employee.
(2)
The use of advanced sick leave by an employee constitutes a debt for which payment is enforceable upon the employee's return to work, and continues to be enforceable on the employee's termination of employment with the Service.
(3)
An employee shall repay to the Service advanced sick leave:
(a)
In cash;
(b)
By applying credited annual leave, personal leave, or sick leave of the employee to the amount of advanced leave owed; or
(c)
By reducing the amount of sick leave earned and credited to the employee.
D.
Use of Sick Leave. An employee may use sick leave for the following purposes only:
(1)
Disability or illness of the employee;
(2)
A documented medical appointment for the employee;
(3)
Illness of a member of the employee's immediate family;
(4)
A medical appointment for a member of the employee's immediate family;
(5)
Bereavement leave as described in §I of this regulation; or
(6)
Birth or adoption of employee’s child as describe in §J of this regulation.
E.
Sick leave may be accumulated without limitation. Unless otherwise provided by law, sick leave shall be forfeited upon termination of an employee's employment.
F.
Attendance Control — Occurrences.
(1)
If an employee uses sick leave on 3 or more consecutive days, the employee shall submit to the Service an original health care provider's certificate which authenticates the period of illness and includes a prognosis regarding the employee's ability to return to work. The employee shall ensure that the certificate is signed personally by a licensed or certified medical provider or practitioner.
(2)
In order to prevent abuse of sick leave and to ensure medical attention for an employee, the Service may require an employee to submit a certificate which authenticates a period of illness of 1 day or more and which is signed in accordance with §F(1) of this regulation.
(3)
When an illness of 1 day or more occurs during a period of annual leave or personal leave, the Service shall grant sick leave for the period of illness if the employee submits a certificate to the Service which authenticates the period of illness and which is signed in accordance with §E(1) of this regulation.
G.
Attendance Control — Medical Examinations.
(1)
If an employee is absent from employment due to medical reasons, the Director, or the Director's designee, may require the employee to be medically examined to determine if the employee has:
(a)
An illness which requires the employee to utilize an excessive amount of sick leave; or
(b)
A disability which prevents the employee from the proper performance of the employee's duties.
(2)
A medical practitioner licensed by the State shall conduct the examination at the Service's expense.
H.
The Service shall provide unpaid leave in accordance with the Family and Medical Leave Act of 1993 and Regulation .16 of this chapter.
I.
Bereavement Leave.
(1)
Death of Immediate Family Member.
(a)
An employee may use up to 3 working days of sick leave in the event of the death of one of the following members of the employee's family:
(i)
Spouse;
(ii)
Child or stepchild of the employee;
(iii)
Parent of the employee or the employee's spouse or an individual who took the place of a parent;
(iv)
Sibling of the employee or the employee's spouse;
(v)
Other relative living as a member of the employee's household.
(b)
If travel requiring staying away from home overnight is involved, the employee may use up to 5 working days of sick leave.
(2)
Death of Other Family Members.
(a)
An employee may use 1 working day of sick leave in the event of the death of one of the following relatives of the employee:
(i)
Grandparent or grandchild of the employee or the employee's spouse;
(ii)
Aunt or uncle of the employee or the employee's spouse;
(iii)
Niece or nephew of the employee or the employee's spouse;
(iv)
Brother-in-law or sister-in-law of the employee or the employee's spouse;
(v)
Son-in-law or daughter-in-law of the employee or the employee's spouse;
(b)
The Director may authorize additional use of sick leave if travel away from home overnight is involved.
J.
Birth or Adoption of Employee’s Child. An employee who is primarily responsible for the care and nurturing of a child, with the approval of the Director or designee, may use accrued sick leave to care for the child during the period immediately following:
(1)
The birth of the employee’s child; or
(2)
The placement of the child with the employee for adoption.
Regulation .13 Compensatory Leave.LinkCopy Citation
A.
An executive, administrative, or professional employee, whose classification is not on the list of employees approved by the Board as eligible to receive cash overtime payments, may earn compensatory time for work performed:
(1)
At least 1 hour beyond the employee's standard work day; and
(2)
For more than 1 hour in a day that is outside the employee's standard workweek, for example, on a holiday or a weekend.
B.
Total compensatory time earned for the day is equal to the first hour plus any time worked after the first hour.
C.
An employee may not carry into a new fiscal year more than 120 hours of unused compensatory time. If, on June 30, an employee has more than 120 hours of unused accumulated compensatory time, then, on July 1, the Service shall reduce the employee's accumulated unused compensatory leave balance to 120 hours.
D.
A part-time employee may not carry into a new fiscal year more than the number of unused compensatory leave hours which equals the funded percentage of the employee's position multiplied by 120 hours. For example, if a part-time employee works a 60 percent schedule, then the employee may not carry into the new fiscal year more than 72 unused compensatory leave hours (0.60 x 120). If, on June 30 of a year, a part-time employee has more than the permitted carryover amount of accumulated compensatory leave, then, on July 1, the Service shall reduce the employee's accumulated unused compensatory leave to the permitted carryover amount.
E.
An employee's supervisor shall approve compensatory time earned by the employee. Use of compensatory leave is subject to supervisory approval.
Regulation .14 Accident Leave.LinkCopy Citation
A.
Amount of Paid Accident Leave. The Service may grant up to 24 hours of paid accident leave to an employee beginning on the first day, or any portion thereof, of absence from work because of an accidental personal injury sustained by the employee in the actual performance of the employee’s job duties, and which is determined to be compensable according to the Maryland Workers’ Compensation Law, Labor and Employment Article, Title 9, Annotated Code of Maryland.
B.
Advanced Accident Leave. The Service may grant additional advance accident leave, of up to 6 months, to an employee while the employee is awaiting a compensable injury decision from the Service’s Workers’ Compensation insurer or a compensable disability decision from the Service’s disability insurer.
C.
Use of Accident Leave.
(1)
The Service shall inform an injured employee or someone on the employee's behalf of the employee's right to file a claim for compensation with the Workers' Compensation Commission.
(2)
If the Workers' Compensation Commission order determines that an employee's injury is not compensable, or in the absence of a Workers' Compensation Commission order, if the Service's Workers' Compensation insurer makes a determination of noncompensability, the Service shall amend the employee's accident leave to leave with pay, or, if the employee does not have leave with pay credited, to leave of absence without pay. The employee shall reimburse the Service for any accident leave received which is not chargeable to leave with pay.
(3)
An employee’s accident leave ends upon the earliest of:
(a)
A physician certifying in writing that the employee is capable of performing the physical tasks required of the employee’s position;
(b)
First receipt by the employee of any compensation from either the Service’s Workers’ Compensation or disability insurer; or
(c)
The end of 6 months or any extension of advance accident leave granted by the Service.
D.
Accident Leave Pay.
(1)
The Service shall pay an employee on accident leave or advanced accident leave at a rate which equals 66.666 percent of the employee's base wage rate.
(2)
An employee is not entitled to receive both accident leave pay and compensation from either the Service's Workers' Compensation or disability insurer. If an employee on accident leave is also compensated by the Service's Workers' Compensation or disability insurer, then the use of accident leave by the employee constitutes a debt for which payment is enforceable upon the employee's return to work, and which continues to be enforceable upon the employee's termination of employment with the Service.
(3)
An employee obligated to repay to the Service accident leave under §D(2) of this regulation shall repay advanced accident leave:
(a)
In cash;
(b)
By applying credited annual leave, personal leave, or sick leave to the amount of accident leave owed; or
(c)
By permitting the Service to deduct the amount from a benefit payment made to the employee from the Service's Workers' Compensation or disability insurer.
Regulation .15 Other Paid Leave.LinkCopy Citation
A.
Holiday Leave.
(1)
The holidays of the Service are:
(a)
New Year's Day—January 1;
(b)
Martin Luther King Jr.'s Birthday—Third Monday in January;
(c)
George Washington's Birthday—Third Monday in February;
(d)
Memorial Day—Last Monday in May;
(e)
Independence Day—July 4;
(f)
Labor Day—First Monday in September;
(g)
Veteran's Day—November 11;
(h)
Thanksgiving Day—Fourth Thursday in November; and
(i)
Christmas Day—December 25.
(2)
If a holiday falls on a Sunday, the Monday immediately following is considered and treated as a holiday. If a holiday falls on a Saturday, the Friday immediately preceding the holiday is considered and treated as the holiday.
(3)
Use of Holiday Leave.
(a)
Except for an employee subject to §A(3)(b) or (4) of this regulation, the Service shall grant an employee paid holiday leave on the holidays listed in §A(1) of this regulation.
(b)
An employee who works at a facility which renders a service that is provided continuously on a 7-day-a-week basis:
(i)
Shall be scheduled for an alternative day of paid leave if the employee is required to work on a holiday; and
(ii)
May not carry into a new fiscal year more than 40 hours of unused holiday leave.
(4)
If, on June 30, an employee has more than 40 hours of unused holiday leave, then, on July 1, the beginning of the new fiscal year, the Service shall reduce the employee's accumulated holiday leave balance to 40 hours.
(5)
Part-Time Employees.
(a)
A part-time employee is entitled to prorated holiday leave based on:
(i)
A percentage of the total leave hours resulting from the number of holidays listed in §A(1) of this regulation; and
(ii)
The funded percentage of the part-time position.
(b)
The Service may grant holiday leave to a part-time employee on the dates listed in §A(1) of this regulation, and the Service may assign holidays to ensure that the holidays taken by the part-time employee do not exceed or are not fewer than the funded percentage of the part-time position.
(c)
A part-time employee may not carry into a new fiscal year more than the number of holiday leave hours which equals the funded percentage of the employee's position multiplied by 40 hours. For example, if a part-time employee works a 60 percent schedule, then the employee may not carry into the new fiscal year more than 24 holiday leave hours (0.60 x 40). If, on June 30 of a year, a part-time employee has more than the permitted carryover amount of accumulated unused holiday leave, then, on July 1, the Service shall reduce the employee's accumulated unused holiday leave to the permitted carryover amount.
B.
Repealed.
C.
Personal Leave.
(1)
A full-time employee who is employed with the Service on January 1, or who is hired by the Service in the months of January through June, is credited with 4 days of personal leave at the beginning of the first full pay period of the calendar year.
(2)
A full-time employee who is hired by the Service in the months of July or August is entitled to 2 days of personal leave in the calendar year that the employee is hired.
(3)
A full-time employee who is hired by the Service in the months of September or October is entitled to 1 day of personal leave in the calendar year that the employee is hired.
(4)
A full-time employee who is hired by the Service in the months of November or December is not entitled to any personal leave in the calendar year that the employee is hired.
(5)
At the beginning of the first full pay period of a calendar year, a part-time employee is credited with the percentage of 4 days of personal leave equal to the percentage the part-time position is funded. The limitations on personal leave set forth in §C(1)—(4) of this regulation apply to a part-time employee during the calendar year in which a part-time employee is hired.
(6)
An employee may not accumulate unused personal leave and shall forfeit any unused personal leave at the beginning of the first full pay period of the calendar year and at termination of employment.
(7)
Except in the case of an emergency, an employee shall obtain permission from the employee's supervisor before using personal leave.
D.
Jury Service Leave. An employee who serves as a member of a jury of a court is permitted to be absent from assigned duties without loss of pay. If, after reporting for jury duty, it is determined that the employee's services are not required and the employee is dismissed from jury duty for the day, then, if time reasonably permits, the employee shall report for work. An employee who is called for jury service shall immediately notify the employee's supervisor. When the public interest requires that the employee not be absent from assigned duties, the supervisor may request the appropriate judge to excuse the employee.
E.
Legal Action Leave. An employee who is summoned under a subpoena to appear in a court action by a party other than the Service, before a grand jury, before an administrative agency, or for a deposition, and is neither a party to the action nor a paid witness, may be absent from assigned duties without loss of pay for not more than 1 day. The employee's absence over 1 day may not be paid by the Service unless the employee uses other authorized leave.
F.
Time Off for Religious Observances. In accordance with State Personnel and Pensions Article, Title 9, Subtitle 8, Annotated Code of Maryland, and COMAR 17.04.11.16, the Service shall permit an employee to be absent in order for the employee to participate in religious observances. The Board may adopt written policies that provide for exceptions for the efficient operation of the Service.
G.
Military. An employee who is a member of the organized militia or the Army, Navy, Air Force, or Marine Reserve shall be entitled to a leave of absence for military training for a period of not more than 15 days annually without loss of pay or charge against any leave.
Regulation .16 Family Leave.LinkCopy Citation
Family and medical leave may be used in accordance with the provisions of the Family and Medical Leave Act of 1993, as amended, the implementing federal regulations, and the policies and guidelines adopted by the Service.
Regulation .17 Leave Without Pay.LinkCopy Citation
The Service may grant leave without pay to an employee if the:
A.
Employee has no credited paid leave; and
B.
The Service determines that the employee's use of leave without pay will not unreasonably disrupt the Service's activities.
Regulation .18 Performance Appraisal.LinkCopy Citation
A.
The Service shall establish an employee performance appraisal process. The employee performance appraisal process may include:
(1)
Employee performance planning;
(2)
Interaction between an employee and the employee's supervisor; and
(3)
Review of an employee's performance.
B.
An employee's supervisor shall conduct a performance appraisal of the employee at least once a year. The supervisor shall evaluate the employee on the basis of the employee's performance during the preceding calendar year.
C.
The employee performance appraisal process shall:
(1)
Provide a standard method for evaluating employees;
(2)
Specify performance criteria for types of employment positions;
(3)
Be related to the Service's annual planning process;
(4)
Provide at least two types of supervisory review;
(5)
Allow an employee the opportunity for input in the performance appraisal process; and
(6)
Allow an employee to request training or other developmental assistance to improve performance for the next evaluation period.
Regulation .19 Position Evaluation.LinkCopy Citation
A.
The Service shall periodically evaluate each employment position. The evaluation may:
(1)
Document differences among positions;
(2)
Establish a relative value for the position; and
(3)
Compare the compensation level of the employment position with the compensation level of a similar employment position in a similar labor market.
B.
A job evaluation shall include analysis of the following criteria:
(1)
Organizational impact;
(2)
Supervision exercised;
(3)
Internal and external contacts;
(4)
Working conditions; and
(5)
Work requirements.
C.
The Service may use a position evaluation to assign a salary grade to an employment position.
D.
If the Service reduces the salary grade of an employment position to a lower grade in the salary structure, the Service shall provide an incumbent employee in the employment position with a written explanation for the reduction.
Regulation .20 Disciplinary Action.LinkCopy Citation
A.
The Service may take disciplinary action for cause against an employee.
B.
The Board shall adopt a disciplinary policy. The disciplinary policy may provide for a:
(1)
Warning to an employee;
(2)
Suspension with or without pay;
(3)
Demotion; and
(4)
Termination of employment.
C.
The Service may terminate for cause an employee's employment with the Service. The Service may not terminate an employee for cause unless the Service first:
(1)
Notifies the employee in writing of the reasons for the Service's termination; and
(2)
Provides the employee a reasonable opportunity to respond to the Service's written reasons.
D.
The Service may terminate an employee in accordance with the terms and conditions of the employee's employment contract.
Regulation .21 Employee Grievances.LinkCopy Citation
A.
This regulation does not apply to the following:
(1)
Assistant attorneys general and all other attorneys on the staff of the Attorney General assigned to the Service, including the counsel to the Service;
(2)
Individuals who are subject to collective bargaining agreements which include other grievance procedures; and
(3)
Senior management employees of the Service who report directly to the Director.
B.
In this regulation, a grievance is a cause of complaint not otherwise provided for by law, regulation, or policy, arising between an employee and the Service over the interpretation and application of Service's regulations, rules, or policies.
C.
Grievance Policy.
(1)
The Board shall adopt a grievance policy.
(2)
The grievance policy:
(a)
Shall provide for a multi-step process for resolving an employee's grievance;
(b)
Shall include the opportunity for the employee to submit a written appeal to the Office of Administrative Hearings in accordance with the policy; and
(c)
Shall provide that grievance hearings and related activities be conducted during regular working hours, without loss of pay to the aggrieved employee.
D.
An employee may present a grievance free from interference, coercion, restraint, discrimination, or reprisal.
Regulation .22 Promotion.LinkCopy Citation
The Service may promote an employee from one employment position to another. A promotion is not effective until approved by the Director.
Regulation .23 Transfer.LinkCopy Citation
A.
An employee may request a transfer to a different Service program or geographic area. The Service shall consider the employee's request in filling a position vacancy in the Service program or geographic area for which the employee has requested a transfer.
B.
The Service may require an employee to accept a transfer only in order to:
(1)
Meet a specific business need;
(2)
Accomplish a bona fide organizational goal;
(3)
Provide reasonable accommodation; or
(4)
Improve operational efficiency.
Regulation .24 Layoffs.LinkCopy Citation
The Board shall develop fair and equitable procedures for the layoff of employees.
Regulation .25 Training.LinkCopy Citation
A.
Financial Assistance. The Service may offer financial assistance to an employee for the cost of completing:
(1)
An advanced education program at a preauthorized, accredited undergraduate or graduate institution;
(2)
Employee job training or development courses; or
(3)
A high school equivalency program.
B.
Procedure.
(1)
An employee requesting financial assistance for expenses authorized in §A of this regulation shall:
(a)
Make a formal request to the Human Resources Division in advance of registration;
(b)
Provide justification that the courses are relevant to Service needs; and
(c)
Obtain the approval of the employee's group managing director and the Chief of the Human Resources Division.
(2)
The Service may grant an employee financial assistance up to 100 percent of tuition costs, registration fees, lab fees, and required books, not exceeding the annual dollar limit allowed by the Internal Revenue Service.
(3)
The employee shall secure a passing grade of “C” or better for undergraduate college credit courses and a “B” or better for graduate college credit courses. If a letter grade is not awarded, proof of successful completion of the course or certification shall be provided.
C.
An employee who terminates employment with the Service, for any reason, within 1 year of completion of a course for which the Service has provided financial assistance, may be required to reimburse the Service for the entire cost of the assistance provided for a course in which the employee was enrolled during the year.
Regulation .26 Employee Organizations.LinkCopy Citation
A.
The Service shall permit continuation of the rights of an employee organization in existence on July 1, 1993, to represent Service employees and to collect dues through a check-off system.
B.
The Director may allow an employee who belongs to an employee organization to use administrative leave to attend approved organization activities up to 5 days per year.
Regulation .27 Transfers to Service Human Resources System.LinkCopy Citation
A.
The Service shall permit an employee who is in the State Personnel Management System to transfer to the Service human resources system without a reduction in the employee's current rate of pay.
B.
Accumulated Leave.
(1)
The Service shall:
(a)
Permit an employee who is in the State Personnel Management System and who transfers to the Service human resources system to retain some or all of the employee's accumulated annual leave, sick leave, personal leave, or compensatory leave that is unused as of the date the employee transfers to the Service human resources system; or
(b)
Fairly compensate the employee for the value of the annual leave, sick leave, personal leave, or compensatory leave which the employee may not retain.
(2)
The Service shall determine the amount of compensation due an employee under §B(1)(b) of this regulation by multiplying the number of accumulated, unused annual leave, sick leave, personal leave, and compensatory leave days, as converted from hours, by a sum equal to 1/10 of the employee's final biweekly salary as a member of the State Personnel Management System.
(3)
Leave that is retained by an employee who transfers from the State Personnel Management System to the Service human resources system expires in the same manner as leave expires in COMAR 17.04.11.
Chapter annotations
Authority: Natural Resources Article, §§3-103.1 and 3-127, Annotated Code of Maryland
History: Effective date: January 1, 1995 (21:25 Md. R. 2107)
History: Regulation .11B amended as an emergency provision effective December 31, 1998 (26:2 Md. R. 103); emergency status expired April 30, 1999; amended permanently effective May 3, 1999 (26:9 Md. R. 730)
History: Regulation .12 amended as an emergency provision effective December 31, 1999 (27:3 Md. R. 325); emergency status expired April 30, 2000
History: Regulation .12 amended effective May 13, 2002 (29:9 Md. R. 746)
History: Regulation .12B amended effective February 26, 1996 (23:4 Md. R. 274)
History: Regulation .15C amended as an emergency provision effective December 31, 1998 (26:2 Md. R. 103); emergency status expired April 30, 1999; amended permanently effective May 3, 1999 (26:9 Md. R. 730)
History: Chapter revised effective May 26, 2003 (30:10 Md. R. 668)
History: Regulation .01B amended as an emergency provision effective July 1, 2021 (48:15 Md. R. 592); amended permanently effective September 6, 2021 (48:18 Md. R. 693)
History: Regulation .02B amended as an emergency provision effective July 1, 2021 (48:15 Md. R. 592); amended permanently effective September 6, 2021 (48:18 Md. R. 693)
History: Regulation .03B amended effective October 8, 2018 (45:20 Md. R. 919)
History: Regulation .11 amended effective October 9, 2006 (33:20 Md. R. 1617)
History: Regulation .11B amended effective October 8, 2018 (45:20 Md. R. 919)
History: Regulation .11D adopted effective October 27, 2003 (30:21 Md. R. 1530)
History: Regulation .12D amended effective November 14, 2011 (38:23 Md. R. 1422)
History: Regulation .12F amended effective October 8, 2018 (45:20 Md. R. 919)
History: Regulation .12J adopted effective November 14, 2011 (38:23 Md. R. 1422)
History: Regulation .13 amended effective February 23, 2009 (36:4 Md. R. 354)
History: Regulation .14 amended effective October 8, 2018 (45:20 Md. R. 919)
History: Regulation .15A amended effective February 23, 2009 (36:4 Md. R. 354)
History: Regulation .15A, C amended as an emergency provision effective January 1, 2004 (30:22 Md. R. 1575); amended permanently effective February 2, 2004 (31:2 Md. R. 85)
History: Regulation .15B repealed effective August 17, 2015 (42:16 Md. R. 1055)
History: Regulation .16 amended effective November 14, 2011 (38:23 Md. R. 1422)
History: Regulation .25 repealed and new Regulation .25 adopted effective January 31, 2005 (32:2 Md. R. 147)
History: Regulation .25B amended as an emergency provision effective July 1, 2021 (48:15 Md. R. 592); amended permanently effective September 6, 2021 (48:18 Md. R. 693)