In this subtitle, the following terms have the meanings indicated. Terms Defined. “Appointment” means filling a position with a qualified candidate and does not include a reassignment. “Career Reinvestment Program” means the program created by the Office of Personnel Services and Benefits to facilitate the movement of laid-off or separated employees and employees with disabilities into other skill areas. “Compensatory time”, depending on the context in which it is used, means one of the following: Paid time off from work which is earned by an executive, administrative, or professional employee in accordance with State Personnel and Pensions Article, §8-309, Annotated Code of Maryland, COMAR 17.04.11.02D(1), and guidelines of the Secretary; Time earned by an employee for working on a holiday or for the purpose of attending a religious observance in accordance with State Personnel and Pensions Article, §§9-203, 9-802, and 9-803, Annotated Code of Maryland, and guidelines of the Secretary; or Paid time off the job which is earned by an employee instead of monetary payment for overtime worked in accordance with State Personnel and Pensions Article, §8-307, Annotated Code of Maryland, and guidelines of the Secretary. “Demotion” means a change from one class to another class with a lower maximum rate of compensation. “Principal unit” means a principal department or other principal independent unit of State government. “Promotion” means a change from one class to another class with a higher maximum rate of compensation. “Promotional candidate” means an employee in a nontemporary position in the skilled or professional services who is not a special appointment. “Secretary” means, except as otherwise provided by law, the Secretary of Budget and Management or the Secretary's designee. The purpose of this subtitle is to implement the provisions of the State Personnel and Pensions Article which require that regulations be adopted. The regulations in this subtitle do not generally repeal statutory provisions when to do so would be unnecessary. In addition, the Department shall promulgate policy through guidelines, policies, and directives in areas of internal management. The Secretary, with the concurrence of the head of a principal unit, may, for documented reasons satisfactory to the Secretary, authorize in writing an exception to the regulations of this subtitle, when it is in the interest of the State service, if: The exception does not conflict with provisions of the State Personnel and Pensions Article, Annotated Code of Maryland, or applicable federal and State law; and In the written determination of the Secretary, the application of the regulation in a specific case or in an emergency situation would be inequitable or detrimental to the best interest of the affected employee or employees of State service. An appointing authority, head of a principal unit, and management shall have exclusively reserved to them the following general prerogatives, to be exercised consistent with the provisions of the State Personnel and Pensions Article, Annotated Code of Maryland, and any personnel policies issued pursuant to it, to: Appoint, promote, transfer, reassign, discipline, and terminate employees under the appointing authority's jurisdiction; Direct and assign work; Determine and redetermine, within the scope of budgetary limitations, the methods, means, personnel, and funding necessary to maintain efficient and effective government operations and properly effectuate the mission and objectives of the appointing authority's agency; Assign each nontemporary employee to a position within a class and service that has been designated by the Secretary; and Delegate in writing the authority to act on the appointing authority's behalf to any other employee or officer under the appointing authority's jurisdiction. Except as otherwise provided by law, an appointing authority may not delegate the authority to make the final decision regarding disciplinary termination of a nontemporary employee. The enumeration of general management rights reserved for the appointing authority set forth in §A of this regulation may not be construed as an exclusive enumeration or as a waiver of any rights not specifically enumerated in §A, regardless of whether the rights have been previously exercised. An appointing authority shall notify the Secretary of any delegation of authority by providing the Secretary a copy of the delegation. This subtitle does not contravene any existing applicable statute. State Personnel and Pensions Article, Title 1 and §4-106, Annotated Code of Maryland Effective date: Regulations .01—.05 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; adopted permanently effective September 8, 1997 (24:18 Md. R. 1297) For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance. The classification of positions is governed by State Personnel and Pensions Article, Title 4, Subtitle 2, Annotated Code of Maryland. A grievance involving a position reclassification is governed by State Personnel and Pensions Article, §§7-102(e), 12-101(b)(2), and 12-205, Annotated Code of Maryland, and COMAR 17.04.06.05. Definitions. In this regulation, the following terms have the meanings indicated. Terms Defined. “Documentation” means a written instrument signed by the supervisor and approved by the appointing authority making the assignment of additional duties and evidencing the justification for assigning additional duties under §B of this regulation, or evidencing the basis for reclassification of a filled position and for promoting a particular qualified candidate in the position. “Noncompetitive promotion classification series” means a grouping of classifications through which an employee with satisfactory performance progresses from entry to full performance levels. “Organizational unit” minimally means a group of employees within a given work setting who are rated for performance by the same supervisor. “Qualified candidate” means a nontemporary skilled or professional service employee who meets all requirements of the classification specification or classification description and any selective qualifications of the position. Guidelines. The Office of Personnel Services and Benefits shall adopt guidelines governing the assignment of higher level duties. Documentation Requirements. When additional duties are assigned to a filled position that may warrant its reclassification and there is more than one qualified candidate in an organizational unit, documentation shall be retained indicating the specific reasons for selecting the qualified candidate to whom the additional duties are assigned. An appointing authority may promote from within an organizational unit a qualified candidate who is the incumbent in a position that is reclassified without requiring that the qualified candidate be on an eligible list for the particular classification, if pertinent documentation is retained. Documentation for compliance with this regulation includes: Position identification number; Existing classification (code number and title); Higher classification (code number and title); Name of organizational unit; Unit supervisor's name and title; List of employees qualified and considered for the higher class in the organizational unit by name, classification, race, sex, and Social Security number; Name of the individual selected; Justification for assignment of additional duties or request for promotional reclassification for the specific individual, which may include experience, training, work performance, seniority, or the fact that no other competition exists for the job; and Signatures of the immediate organizational unit supervisor and the appointing authority or designee. The Secretary may request appointing authorities to submit documentation or periodic reports of information in a manner required by the Secretary. Documentation shall be retained by the appointing authority for at least 3 years. Any action taken under §C(1) and (2) of this regulation when the selected candidate does not meet all of the requirements of the classification specification or any selective qualifications of the position shall be voided by the Secretary. The State shall compensate an employee in accordance with the pay plans, regulations, and guidelines promulgated by the Secretary unless otherwise specified by law. Definitions. In this regulation, the following term has the meaning indicated. “Sworn police officer” means a law enforcement officer who: In an official capacity, is authorized by law to make arrests; and Is within the Secretary's salary setting authority. The State shall pay shift differential to an employee, in a position designated by the appointing authority, who works a qualifying shift, except those employees specified in §G of this regulation. A qualifying shift means a full-time or established part-time shift which starts at or after 2 p.m. and at or before 1 a.m. The State shall pay shift differential on a prorated basis to an employee who works any part of a qualifying shift. The State shall pay a separate shift differential to an employee who works overtime from a qualifying shift into another qualifying shift, in addition to any overtime payment or compensatory time to which the employee may be entitled. The State shall pay a separate shift differential, in addition to any overtime payment or compensatory time to which the employee may be entitled, to an employee who works overtime from a nonqualifying shift into a qualifying shift, if the employee works at least 1/2 of the qualifying shift. The State may not pay a shift differential to an employee who is on leave. The rate of shift differential pay shall be the rates listed in this regulation or as increased by the secretary under separate guidelines: For classifications in Salary Grades 5 through 17: 62.5 cents per hour; For registered nurses through Salary Grade 19 in State institutions, except at Clifton T. Perkins Hospital Center: $2.60 per hour for an evening shift and $2 per hour for a night shift; For registered nurses through Salary Grade 20 in the Clifton T. Perkins registered nurse classification series: $2.60 per hour for an evening shift and $2 per hour for a night shift; For sworn police officers and fire marshals: $1 per hour; For airport firefighters at the Department of Transportation: $1 per hour. Differentials Paid for Weekend Shifts. In addition to shift differentials and any other differential paid, the State shall pay a differential of $2 per hour to registered nurses through Salary Grade 19 who work weekend shifts in State institutions, except Clifton T. Perkins Hospital Center. In addition to shift differentials and any other differential paid, the State shall pay a differential of $2 per hour to nurses through Salary Grade 20 in the Clifton T. Perkins registered nurse classification series who work weekend shifts. The State shall pay a registered nurse who works in a State institution time and one-half the regular rate for any shift worked on any of the following holidays as provided in COMAR 17.04.11.08: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day and the day after Thanksgiving; Christmas Day. The State shall pay community health nurses through Salary Grade 18 assigned to the Home Health Program of the Maryland Department of Health who are required to be available for consultations on an on-call basis a differential of $1.50 per hour during the period of time on call. This differential may not be paid for the period of time the community health nurse is on duty. In addition to shift differentials, the State shall pay a differential of $1 per hour to licensed practical nurses and certified nursing assistants who work weekend shifts in State institutions. The Secretary may establish other pay differentials to facilitate the recruitment and retention of employees. An employee designated by an appointing authority to perform on a temporary basis all the duties of a position in a classification that has a rate of pay which is higher than that of the employee's classification shall be paid additional compensation, known as acting capacity pay, in accordance with guidelines adopted by the Office of Personnel Services and Benefits and §C of this regulation. The amount of the acting capacity pay shall be the amount which the employee would be paid if permanently promoted to the higher classification unless otherwise provided by law. Guidelines. The Office of Personnel Services and Benefits shall adopt guidelines to insure that acting capacity pay designations are done equitably and without abuse. Employees Designated for Acting Capacity Pay. An appointing authority may designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification for any of the following reasons: The temporary absence of an incumbent; A vacancy exists for which recruitment is underway; or Unusual circumstances which necessitate assignment of duties at a level higher than that of the employee's classification. An appointing authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications of the higher level classification and any special requirements of the position. As of July 1, 1998, an appointing authority may not designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification if both the employee's classification and the higher classification are within the same noncompetitive promotion classification series. As of July 1, 1998, payment for acting in a higher classification shall be made as follows when the employee's normal rate of compensation is: Between grades 1 and 10, additional compensation shall be paid for the period in excess of 10 continuous work days; For grade 11 or above, additional compensation shall be paid for the period in excess of 20 continuous work days. The initial period of acting capacity pay is limited to 6 months or less and may be extended for periods of up to 6 months. Documentation and Reports. An appointing authority shall maintain documentation in a manner required by the Secretary for each acting capacity pay action. Documentation shall minimally include: The reason for authorizing acting capacity pay; Justification for selecting the employee designated for acting capacity pay; and The reason for an extension of acting capacity pay. An appointing authority shall maintain acting capacity pay documentation for a period of at least 3 years after the acting capacity pay ends. An appointing authority shall provide reports documenting acting capacity pay determinations at times and in a manner required by the Secretary. Acting capacity pay transactions and documentation are subject to periodic audits by the Secretary. The effective date of a position reclassification or acting capacity pay designation shall be the date on which the duties and responsibilities warranting the reclassification or acting capacity pay designation are assigned to the position, but the effective date may not be earlier than 1 year before the date on which the reclassification or acting capacity pay designation is authorized or within 1 year of the date when the employee's grievance concerning reclassification or acting capacity pay designation was filed. Back pay awarded as the result of a reclassification or acting capacity pay designation grievance shall be in accordance with State Personnel and Pensions Article, §12-402, Annotated Code of Maryland. A position reclassification or acting capacity pay designation which is the result of the adoption by the Secretary of a new or revised classification title or new or revised standards shall be effective on the date determined by the Secretary. Overtime pay is governed by State Personnel and Pensions Article, Title 8, Subtitle 3, Annotated Code of Maryland, and, to the extent applicable, by the federal Fair Labor Standards Act (FLSA). Employees to Receive Overtime Payments. The Secretary shall determine the classifications for which overtime payments are mandatory and shall inform appointing authorities of that determination. Monetary overtime payments may not be made to executive, administrative, or professional employees except in instances of a bona fide emergency directly affecting public safety as determined by the appointing authority and approved by the Secretary. For the purpose of overtime, the Fair Labor Standards Act, to the extent applicable, defines an executive, administrative, or professional employee. In bona fide emergency circumstances, the Secretary shall specify the time period during which cash overtime payments are authorized, the payment rate, and such other limitations or requirements as the Secretary deems necessary. Computation of Overtime Payments. The appointing authority shall assure that overtime payments are made at time and one-half the regular hourly rate. The regular hourly rate is determined by dividing total straight time earnings, including shift differential, by the total number of hours worked. Compensatory Time Instead of Monetary Overtime Payment for FLSA Nonexempt Employees. Pursuant to the provisions of the Fair Labor Standards Act, to the extent applicable, an appointing authority may permit a nonexempt employee to receive compensatory time for overtime worked. Before working the approved overtime, the employee shall: Make the choice of whether to receive monetary compensation or compensatory time, if offered; and Notify the appropriate supervisor of the choice in writing. If the employee chooses to receive monetary payment for overtime, the appointing authority shall assure that the employee receives monetary payment for overtime in accordance with §B of this regulation. The appointing authority shall assure that the employee earns compensatory time at the rate of 1-1/2 times the time worked in excess of 40 hours in a workweek. An employee may accrue up to 240 hours of compensatory time except that an employee who works in a public safety activity, emergency response activity, or seasonal activity may accrue up to 480 hours of compensatory time. After an employee has reached the applicable accrual limit, which is the maximum balance that may be maintained at any time, the appointing authority shall assure that an employee receives monetary payment for overtime worked. At any time an appointing authority may provide an FLSA nonexempt employee monetary payment for accrued compensatory leave at the rate set forth in COMAR 17.04.11.19B. This regulation applies to all employees of the State Personnel Management System in classifications compensated in accordance with the Standard Salary Plan which are under the salary authority of the Secretary. Establishing a rate of pay for a new classification or amending the rate of pay for an existing classification is governed by State Personnel and Pensions Article, §4-201 and Title 8, Subtitle 1, Annotated Code of Maryland. The Secretary shall publish guidelines and policies for individual position actions, including but not limited to: Salary for part-time employment; Salary upon initial appointment; Salary upon reemployment or reinstatement; Determination of increments or merit increases; Salary upon transfer or reassignment; Salary upon promotion or demotion; and Processing sequence for simultaneous transactions which affect salary. Increments or merit increases are: Granted January 1 to an employee who was appointed on or between January 1 and June 30, or July 1 to an employee who was appointed on or between July 1 and December 31, unless delayed by an act of the legislature or an executive order; Provided to an employee whose overall performance is rated satisfactory or above on the employee’s annual performance appraisal; and Subject to the availability of funding in the State budget. An employee may be designated by an appointing authority to provide translation services when the appointing authority determines that these services are necessary to conduct the business of the unit. Unless bilingual skill is in the classification specification, an appointing authority may not require an employee to use bilingual skills to serve as a translator unless the employee is paid a minimum bilingual bonus or hourly equivalent of $25 per month. This regulation shall apply as of July 1, 1998. Except as provided in §C of this regulation: An appointing authority may not require an employee to assume lead worker duties unless the employee is paid additional compensation; and An employee may refuse to perform lead worker duties without penalty if additional compensation is not offered by the appointing authority. An employee who voluntarily performs lead worker duties without compensation may not be: Negatively evaluated on the employee's performance of the lead duties; and Disciplined for actions that relate to the lead worker position if the employee's actions were taken in good faith. An employee may be required to assume lead worker duties without additional compensation if the assignment is for a limited duration of 90 days or less. This regulation shall apply as of July 1, 1998. An employee who is called to report to work on the employee's regular day off or who has been recalled to work after having left the employer's premises, shall be guaranteed the greater of a minimum of 1 hour of pay plus travel time at the: Regular rate of pay; or Applicable overtime rate. An employee who is currently guaranteed a minimum of pay of greater than 1 hour shall continue to be paid at the greater minimum. If an employee is paid for 8 hours or more, travel time may not be paid. This regulation shall apply as of July 1, 1998. An employee who is prescheduled to work an overtime shift in a 24-hour facility and reports to duty shall be guaranteed 3 hours overtime pay at the appropriate rate unless the employee is a holdover from a previous shift. This regulation shall apply as of July 1, 1998. State Personnel and Pensions Article, Titles 4, 6, and 8, Annotated Code of Maryland Effective date: Regulations .01—.09 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; amended permanently effective September 8, 1997 (24:18 Md. R. 1297) For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance. Regulation .04 amended effective August 24, 1998 (25:17 Md. R. 1361); August 6, 2001 (28:15 Md. R. 1400); September 11, 2006 (33:18 Md. R. 1507) Regulation .05 amended effective September 11, 2006 (33:18 Md. R. 1507) Regulation .06C amended effective August 24, 1998 (25:17 Md. R. 1361) Regulation .09D adopted effective September 14, 2015 (42:18 Md. R. 1179) Regulation .10 adopted effective August 24, 1998 (25:17 Md. R. 1361) Regulation .11 adopted effective August 24, 1998 (25:17 Md. R. 1361) Regulation .12 adopted effective August 24, 1998 (25:17 Md. R. 1361) Regulation .13 adopted effective September 7, 1998 (25:18 Md. R. 1437) In this chapter, the following terms have the meanings indicated. Terms Defined. “Streamlined selection” means a selection made in accordance with State Personnel and Pensions Article, §7-201(a)(2), Annotated Code of Maryland, and Regulations .02 and .03 of this chapter. “Structured selection” means a selection made from a list or registry of eligible candidates in accordance with State Personnel and Pensions Article, Title 7, Subtitle 2, Annotated Code of Maryland, and Regulations .02 and .03-1—.18 of this chapter. The minimum qualifications, as amended periodically, prescribed in classification specifications and in position selection plans are adopted as part of guidelines adopted by the Secretary. An applicant shall furnish proof of minimum education and experience qualifications including licensure or other certifications required by law. The Executive Director of the Office of Personnel Services and Benefits shall determine classifications and/or positions approved for streamlined selection in accordance with State Personnel and Pensions Article §7-201(a)(2), Annotated Code of Maryland. If the appointing authority notifies the Department that a recruitment must occur in a timely manner, streamlined selection may be used for classifications or positions, or both: With documented recruitment difficulties; With special technical, educational, experience, licensure, or certification requirements; or With other selective merit-based qualifications that limit the size of the potential applicant pool. Streamlined selections shall be used for classifications or positions, or both, that were statutorily designated as special appointments on January 1, 2009, and converted to skilled or professional service upon vacancy in accordance with State Personnel and Pensions Article, §7-201(a)(2)(iii)2, Annotated Code of Maryland. Vacancies for classifications or positions, or both, designated as eligible for streamlines selection shall be posted to allow for a competitive selection process. The appointing authority shall determine the appropriate methodology for selections made through the streamlined selection process. The selection shall be: Job-related; Merit-based; and In accordance with all State and federal equal employment opportunity laws and policies. The Secretary may issue policies and guidelines consistent with the provisions of State Personnel and Pensions Article, §7-201(a)(2), Annotated Code of Maryland. Other than a special appointment position or a position covered by State Personnel and Pensions Article, §7-201(a)(2), Annotated Code of Maryland, an individual wishing to compete for appointment to a position in the skilled or professional service shall file an application in the manner required by the Secretary. The application shall be sent to the location specified in the position selection plan and job announcement. An application received or postmarked after the posted closing date may not be accepted. An application may be rejected for cause before the date of establishment of the eligible list for the class or the position for which it is filed. The following are sufficient cause for rejecting an application though rejection may be for other causes permitted by law: The applicant does not meet the minimum qualifications of the position or classification; The applicant does not meet selective qualifications or limitations, or both, on selection as applicable; or In the case of a promotional examination, the applicant is a temporary employee or a special appointment. An applicant whose application is rejected shall be notified of that action. Examinations shall only evaluate job-related knowledge, skills, and abilities. Open and promotional competitors who will possess the minimum education, license, or certificate qualifications within 6 months after the examination date may participate in the examination if the duration of the list exceeds 6 months. These competitors are not eligible for selection until they meet the education, license, or certificate qualifications. Promotional employees who will possess the minimum experience qualifications within 6 months after the examination date may participate in the examination if the duration of the list exceeds 6 months. These promotional employees are not eligible for selection until they meet the experience qualifications. An examination shall be conducted as provided in State Personnel and Pensions Article, Title 7, Annotated Code of Maryland. A report shall be prepared detailing the conduct of the examination and the results as required by the Secretary. The integrity of the examination and the confidentiality of the examination materials and results shall be maintained. If an audit reveals breaches in security or other irregularities, appropriate remedial action may be ordered by the Secretary. Veterans, promotional candidates, and State residents are entitled to additional points as provided in State Personnel and Pensions Article, §7-207, Annotated Code of Maryland. A list of eligibles may not be revised without written approval by the Executive Director of the Office of Personnel Services and Benefits. The Office of Personnel Services and Benefits shall be notified whenever an error is committed in computing examination scores. A qualified individual whose name has previously been certified from the list and employed may not be displaced because of the correction of clerical errors. The name of an individual may be deleted from an eligible list in accordance with State Personnel and Pensions Article, §7-206, Annotated Code of Maryland. An individual whose name is to be deleted from an eligible list in accordance with §A of this regulation shall be notified and shall be given the opportunity to respond as stated in State Personnel and Pensions Article, §7-210, Annotated Code of Maryland. A list of eligibles shall continue in force for the time period specified in the position selection plan. A list may be extended. When a list of eligibles for a class exists and the same examination for the class is given again, the names of the qualified successful competitors shall be placed on the list. Each competitor shall appear on the list only once with the competitor's most recent result. Lists resulting from examinations with different content shall be maintained separately. The appointing authority shall select, as provided in State Personnel and Pensions Article, §7-209, Annotated Code of Maryland, the individual or individuals to be appointed from a list of eligible candidates. Promotion. An appointing authority may fill a vacancy by selection of promotional candidates from any certified list of eligible candidates in accordance with State Personnel and Pensions Article, Title 7, Subtitle 2, Annotated Code of Maryland. An appointing authority may select from: Employees of the appointing authority; Other employees within the same principal department as the appointing authority; or All other employees certified as promotional. Background Investigations. The appointing authority shall determine the necessity of investigating the background of an eligible individual for purposes of verification of suitability for employment. When appropriate and job-related, areas of investigation may include but are not limited to employment history, academic credentials, military records, criminal conviction records, and personal references. An individual who is a prospective or current employee for a position for which the job duties include access to federal tax information may be deemed to have failed a background investigation or criminal history records check if that individual’s background investigation or criminal history records check reveals a record of conviction for crimes of fraud, theft, or any other conviction that the appointing authority has reason to believe makes the individual unfit or otherwise unqualified to have access to federal tax information. In conducting the background investigation, the appointing authority shall: Provide written notification to the eligible individual that: A background investigation may be conducted, and Consequences for fraudulent or false information may include but are not limited to nonselection, decertification, termination of employment in situations where employment has begun, notification to the Secretary, and criminal prosecution; Obtain a release of information form signed by the eligible individual; Take any other appropriate action. If the Secretary or the appointing authority discovers that the individual provided fraudulent information in taking an examination or in any part of the appointment process, the Secretary or appointing authority may take any of the following actions: Revoke the person's eligibility; Withdraw the offer; or Take any other action the Secretary deems appropriate. The appointing authority shall report to the Secretary the appointment of each selected eligible, together with the required supporting documents, in a timely manner. Two nontemporary employees may occupy the same budgeted position for a transitional period not to exceed 6 months time for reasons relevant to the efficient and effective operation of a department or an agency. This situation is known as an overlap appointment. The appointing authority shall immediately report to the Secretary each overlap appointment including start and ending date in the manner required by the Secretary. An appointing authority may appoint any qualified individual as a temporary, noncontractual employee for reasons relevant to the efficient and effective operation of a department. The appointing authority shall immediately report to the Secretary a temporary, noncontractual appointment in the manner required by the Secretary. A temporary, noncontractual appointment may not continue for more than 6 months and may not be renewed. Definitions. In this regulation, the following terms have the meanings indicated: “Contract” means a personal service agreement between the State and an individual. “Contractual employee” means an individual providing personal services to the State for remuneration if all of the following conditions exist: The services and remuneration are specified in a written agreement; There is an employer-employee relationship; The individual is not employed in a budgeted position, unless approved as secondary employment; and Except as provided by law, fringe benefits are not provided. “Employer-employee relationship” means that all of the following conditions of employment exist: The State has the right to control and direct the performance of services not only as to results but also as to details and means; The State has the right to discharge the employee; and The State furnishes necessary tools and a place to work. Certification. With the exception of exemptions listed under §C of this regulation, all contracts shall be submitted for review and certification by the Secretary under the provisions of State Personnel and Pensions Article, §13-202, Annotated Code of Maryland, before the principal unit authorizes payment. The Secretary may exempt specific types of contracts pursuant to State Personnel and Pensions Article, §13-201, Annotated Code of Maryland, and guidelines published by the Secretary. Payment and Funds. A contractual employee shall be paid through the Special Payments Payroll. Funds shall be identified and available in order for the State agency to authorize the Central Payroll Bureau to make payment through the Special Payments Payroll. The initial contractual employment authorization shall include a statement by the appointing authority certifying availability of funds and identifying the source of those funds in the agency budget. If funds are not identified and available for a particular contract, the State agency shall obtain written approval from the Secretary before execution of the contract. A contract shall be terminated if funds become unavailable. Only one person may be employed under a contract. An appointing authority shall maintain a current contract for each contractual employee. The form of each contract shall be approved by the Office of the Attorney General, or, if authorized by law, independent counsel. Transfer of a contractual employee to a budgeted position is governed by State Personnel and Pensions Article, Title 13, Subtitle 3, Annotated Code of Maryland. Part-time employment is governed by State Personnel and Pensions Article, §7-701, Annotated Code of Maryland. An individual employed less than 50 percent of the workweek is not a part-time employee and is not entitled to receive any of the employment rights, privileges, or benefits that are normally available to a full-time or part-time employee in a similar position with a similar grade and length of service. An individual may be employed in two separate capacities in State government only with the agreement, before the second employment begins, of the appointing authorities of the units that will employ the individual. For purposes of this regulation, employment with an agency of the State includes employment in any personnel system in any branch of government in any capacity and for any numbers of hours worked. Elected officials, constitutional officers, and officials appointed by the Governor are not subject to this regulation. The Secretary shall designate a State Medical Director who shall exercise all authority vested in the Secretary with respect to medical examinations and investigations relating to employment with the State. The State Medical Director: May delegate in part or in whole any of the authority granted by this regulation; Shall conduct medical examinations of applicants and current employees as provided in State Personnel and Pensions Article, §§2-302(b)(1)(vi) and 2-303, Annotated Code of Maryland; Shall conduct any other medical examinations or studies concerning the medical fitness of employees or candidates; and May not provide second or third opinions when prohibited by the federal Family and Medical Leave Act (FMLA). The determination of the Medical Director in examinations of applicants conducted under §B(2) of this regulation is final and is not subject to review by the Office of Administrative Hearings. Before an applicant is denied employment, or an employee is involuntarily demoted or separated for medical reasons, an appointing authority shall prepare an appropriate task analysis sheet and request that an examining physician complete and return it. Before an applicant is denied employment or an employee separated for medical reasons, the appointing authority shall document in writing: That, under relevant provisions of federal and State law and regulations, reasonable accommodations for the employee's or applicant's disabling condition were considered; The specific accommodations that were considered, offered, or rejected; and The reasons that the accommodations were rejected. If an employee is approved for disability retirement by the State Retirement Agency, unless the employee resigns or is removed earlier, the employee shall be considered resigned from State service as of the 120th day after the approval. Individuals subject to probation are specified in State Personnel and Pensions Article, §7-401, Annotated Code of Maryland. Individuals Not Subject to Probation. An employee who is reinstated within 1 year after separation to a classification in which the employee previously completed a probationary period does not serve a probationary period. If the employee did not complete probation before separation, the employee shall serve a new probationary period. A contractual employee who transfers to a budgeted position in accordance with State Personnel and Pensions Article, Title 13, Subtitle 3, Annotated Code of Maryland, does not serve a probationary period upon transfer. A temporary employee does not serve a probationary period. Length of Probation. The length of a probationary period is specified in State Personnel and Pensions Article, §7-402, Annotated Code of Maryland. Extension of Probation. An appointing authority may extend the period of probation for the length of time and for the reasons specified in State Personnel and Pensions Article, §7-403, Annotated Code of Maryland. Requirements for Supervisors. Each appointing authority shall require the immediate supervisor of each probationary employee to: Provide an orientation to familiarize each probationary employee with the operations, practices, and procedures of the unit; Review with each probationary employee the most current written position description and have the employee certify receipt of a copy; Confer with the employee about the employee's performance as required by State Personnel and Pensions Article, §7-404, Annotated Code of Maryland; and Maintain accurate records and documentation of the above actions. Discipline of Probationary Employees. Initial appointment. Following initial appointment to the State Personnel Management System, the provisions of §F(1)(b)—(f) of this regulation apply. The provisions of this regulation apply to probationary employees in the skilled and professional services pursuant to State Personnel and Pensions Article, §§7-401 and 7-402, Annotated Code of Maryland. The provisions of State Personnel and Pensions Article, §11-106, Annotated Code of Maryland, control the discipline of a probationary employee for misconduct. The appointing authority may discipline an employee on probation in accordance with State Personnel and Pensions Article, §§11-106, 11-109, 11-111, 11-303, and 11-306, Annotated Code of Maryland, as applicable. An appointing authority who terminates an employee under this subsection shall do so in accordance with State Personnel and Pensions Article, §11-303, Annotated Code of Maryland. The appointing authority's notice to the employee shall be in writing with a copy to the Secretary. The appointing authority shall provide notice at least 10 days before the effective date of the termination. The notice shall state the reasons for the termination, the effective date, and the appropriate appeal route. If the termination is for a reason specified in State Personnel and Pensions Article, §11-105, Annotated Code of Maryland, the appointing authority may disregard the requirement for 10 days notice and immediately submit a written termination notice to the Secretary. The disciplinary appeal procedures for an employee on probation in the skilled and professional services under this subsection are provided in State Personnel and Pensions Article, §11-109(b), Annotated Code of Maryland. Competitive Promotion and Reinstatement. Following competitive promotion and reinstatement, the provisions of §F(2)(b)—(f) of this regulation apply. The provisions of this subsection apply to employees in the skilled or professional service but not to employees in the management service or to special appointees. If, in the appointing authority's judgment, a probationary employee subject to this subsection is unable or unwilling to satisfactorily perform the duties and responsibilities of the position, the appointing authority shall follow the requirements specified in State Personnel and Pensions Article, §11-304, Annotated Code of Maryland. This regulation does not preclude an appointing authority from imposing disciplinary action upon an employee on probation under this subsection in accordance with the provisions of State Personnel and Pensions Article, Title 11, Annotated Code of Maryland, and these regulations. The appointing authority who wishes to terminate an employee on probation under this subsection shall notify the employee in writing at least 10 calendar days before the effective date of the termination, and shall assure that the 10-day period is included within the probationary period. The notice shall state the reasons for the termination, the effective date of the adverse action, and the appropriate appeal route. A copy of the termination form shall be sent to the Secretary. The disciplinary appeal procedures for employees on probation under this subsection are specified in State Personnel and Pensions Article, §11-109, Annotated Code of Maryland. Types. A demotion may be made: Voluntarily; As a form of discipline; or Pursuant to State Personnel and Pensions Article, §11-304, Annotated Code of Maryland. Appeals. An employee may appeal a demotion pursuant to State Personnel and Pensions Article, §11-109, 11-303, or 11-304, Annotated Code of Maryland. The appointing authority may reassign a qualified employee from a position to another position of equal grade and service under the provisions in State Personnel and Pensions Article, §7-602, Annotated Code of Maryland. An involuntary reassignment that may necessitate a change of residence for more than 6 months may be made only upon the review and approval of the head of the principal unit. This is not applicable to classifications or positions requiring Statewide availability as a condition of employment. The transfer of an employee in the skilled or professional service from one principal unit to another principal unit may be made only as follows: An employee may apply for transfer to a vacant position of the same classification or another classification of the same grade for which the employee meets the minimum qualifications; or An employee shall be considered among the eligible applicants for the vacancy if the employee complies with the provisions of §A(1) of this regulation, or when the employee qualifies as part of an approved Career Reinvestment Program as defined in COMAR 17.04.01. An employee in the management and executive services and a special appointee may apply for transfer to other positions of the same grade in those service categories only. The Secretary shall issue policies and guidelines in the area of performance planning, evaluation, and development consistent with the provisions of State Personnel and Pensions Article, Title 7, Subtitle 4, Annotated Code of Maryland. State Personnel and Pensions Article, §7-104 and Titles 4, 6, 11, and 13, Annotated Code of Maryland Effective date: Regulations .01—.21 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; adopted permanently effective September 8, 1997 (24:18 Md. R. 1297) For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance. Regulation .17F amended effective September 15, 2003 (30:18 Md. R. 1260) Chapter revised effective December 28, 2009 (36:26 Md. R. 1998) Regulation .10C amended effective August 13, 2018 (45:16 Md. R. 775) Scope. This regulation is governed by State Personnel and Pensions Article, §11-201, Annotated Code of Maryland. Definition. In this regulation, “job series” means a group of two or more classes in the same occupational area which requires the application of the same knowledge, skills, and abilities at varying levels of proficiency or responsibility, as determined by the Secretary. Notification. The appointing authority shall notify the Secretary and an employee who is to be laid off at least 60 calendar days before the effective date of the layoff. Calculation of Seniority Points. Seniority points shall be calculated in accordance with the provisions of State Personnel and Pensions Article, §11-205(a), Annotated Code of Maryland, and as follows: One point for each month of State employment; One point for each month of employment in the principal unit in which the layoff will occur; One point for each month of employment in the job series in which the layoff will occur; For service of less than a complete month, an employee shall be credited with 0.032 points for each day of service; and For part-time employment, layoff points shall be prorated according to the percentage of employment. Sequence of Layoff. The sequence of layoff is governed by State Personnel and Pensions Article, §§11-206 and 11-207, Annotated Code of Maryland. An employee may displace into another position only if the employee is qualified for the position as stated in the position description. A separation of a nontemporary employee for budgetary reasons is governed by State Personnel and Pensions Article, §11-302, Annotated Code of Maryland. An employee may separate from employment by resigning. Withdrawals. An appointing authority is not obligated to accept a request to withdraw a resignation. An employee who resigns pending determination of whether the employee should be terminated may still be subject to termination. An employee who wishes to resign in good standing shall give the appointing authority, in writing, at least 2 weeks notice of resignation. If more than 2 weeks notice is required by an appointing authority, it must be approved by the Secretary. An appointing authority may not require more than 30 days notice of a resignation. If more than 2 weeks notice is required, the employee shall be informed of the longer notice requirement during the orientation required by State Personnel and Pensions Article, §7-404, Annotated Code of Maryland. An employee who fails to provide notice as required shall have that fact entered in the employee's permanent employment record. The Office of Personnel Services and Benefits shall adopt guidelines governing employee resignations. An employee who is absent from duty without notifying the supervisor of the reasons for the absence and of the employee's intention to return to duty is absent without leave. After 5 working days from the first day of absence, the appointing authority shall advise the employee by certified and regular mail sent to the employee's last address of record that the employee is considered to have resigned without notice. A resignation without notice may be expunged by the appointing authority when extenuating circumstances exist, and the employee had good cause for not notifying the appointing authority. Resignations shall be reported to the Secretary. Resignations that are tendered without the proper notice or resignations without notice shall be entered in the employee's personnel record. An employee who fails to resign in good standing is not qualified for reinstatement. A unit shall report in writing to the Secretary when an employee is voluntarily or involuntarily separated from a position with an unsatisfactory employment record. The unit shall give the employee a copy of the report, either in person or by certified mail sent to the employee's last address of record. The Secretary shall determine the form of the report. The unit shall forward the report to the Secretary within 30 days of the employee's separation. Separation for unsatisfactory performance or conduct, as reported in paragraph A above, is grounds for denial of future State employment for a period of up to 3 years. An individual may be terminated with prejudice from State service when the individual’s actions are found to be so egregious that the individual does not merit employment in any capacity with the State. Termination with prejudice is a permanent bar to any future employment in any capacity with the State; therefore, an individual who has been terminated with prejudice from State service may not subsequently be hired in any branch of State Government, including any unit with an independent personnel system, on or after October 1, 2012. A person in interest may apply to correct or amend an employment record in accordance with the provisions of COMAR 17.04.12, State Government Article, §10-625, Annotated Code of Maryland, and the policies of the Secretary. State Personnel and Pensions Article, §§2-601, 2-701—2-707, 7-208, 7-402, 7-701, 11-109, 11-208, and 11-304, Annotated Code of Maryland, and the regulations in this chapter, govern reinstatement. An employee may be reinstated to a position only if the employee is qualified for the vacant position according to the selection plan for the position and, in the case of resignation, the employee resigned in good standing. With the exception of an employee under special appointment, the following is the order of reinstatement priority for an employee in the skilled and the professional services: A returning veteran or reservist entitled to reinstatement under State Personnel and Pensions Article, Title 2, Subtitle 7, Annotated Code of Maryland; An individual who has been laid off or whose position has been abolished; The following candidates, without priority, along with other eligible candidates: An individual who has resigned, and A current employee seeking a return to a position in a classification previously held. An employee granted a leave of absence without pay, other than for illness, for more than 30 days who is ready to return to employment shall be reinstated if there is a vacancy in the class in the appointing authority's unit. Appointments from Independent Personnel Systems. For the purpose of computing leave, salary credit, and service credit, a former nontemporary employee of an independent personnel system who is appointed to a position in accordance with the State Personnel Management System standards shall receive full service credit for time employed, if the appointment to the position occurs within 3 years from the date of separation from the independent personnel system. Transfers from Independent Personnel Systems. For determinations of leave and service credit, an individual who transfers is covered under State Personnel and Pensions Article, §2-301(b)(5), Annotated Code of Maryland. State Personnel and Pensions Article, §§2-801, 4-106 and Title 11, Annotated Code of Maryland Effective date: Regulations .01—.06 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; adopted permanently effective September 8, 1997 (24:18 Md. R. 1297) For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance. Regulation .04 amended effective December 24, 2012 (39:25 Md. R. 1615) Disciplinary action may be taken because of an employee's: Unsatisfactory performance of duties and responsibilities, as governed by State Personnel and Pensions Article, §§11-101, 11-102, 11-103(a), (c), and (d), 11-104, 11-105, 11-107—11-113, and 11-304, Annotated Code of Maryland; or Misconduct, as governed by State Personnel and Pensions Article, §§11-101—11-110, 11-112, 11-113, and 11- 303—11-306, Annotated Code of Maryland. The disciplinary actions that may be taken are listed in State Personnel and Pensions Article, §11-104, Annotated Code of Maryland. Unless a peer review panel is available and selected by an employee, the disciplinary appeal procedures for an employee in the skilled and professional services are specified in State Personnel and Pensions Article, §§11-109 and 11-110, Annotated Code of Maryland. The disciplinary appeal procedures for an employee under special appointment are specified in State Personnel and Pensions Article, §11-113, Annotated Code of Maryland. The standard of proof in all disciplinary actions is a preponderance of the evidence. The employee bears the burden of proof in the following actions: Discipline of an employee in the executive or management service, and under special appointment; and Discipline of an employee on probation in the skilled and professional services, following initial appointment. The sole issue for consideration in a conference or hearing related to a disciplinary action specified in §E of this regulation is whether the employer's action was illegal or unconstitutional. Except for the actions specified in §E of this regulation, the appointing authority bears the burden of proof in all disciplinary actions affecting an employee in the skilled and professional services, including discipline of an employee on probation following promotion or reinstatement. A disciplinary action against an employee under special appointment or in the management and executive services is governed by Regulations .05 and .06 of this chapter. When appealing a disciplinary action, the employee or the employee's representative shall state to the extent possible and on a form provided by the Secretary the issues of fact, law, and mitigating circumstances the employee believes would warrant rescinding or modifying the disciplinary action. Failure to state the issues of fact and law when possible may be grounds for dismissing the appeal. Scope. This regulation applies to an employee in the skilled and professional services. It does not apply to an employee under special appointment or an employee on initial probation. Consideration of Mitigating Evidence. Except for automatic terminations under State Personnel and Pensions Article, §11-105, Annotated Code of Maryland, the appointing authority, head of the principal unit, the Secretary, and the Office of Administrative Hearings shall consider mitigating circumstances when determining the appropriate discipline. The Office of Administrative Hearings may not change the discipline imposed by the appointing authority, as modified by the head of the principal unit or Secretary, unless the discipline imposed was clearly an abuse of discretion and clearly unreasonable under the circumstances. Scope. This regulation applies to an employee in the skilled and professional services. It does not apply to an employee under special appointment. The appointing authority may discipline an employee for reasons related to the employee's performance. These reasons include but are not limited to: That the employee is incompetent or inefficient in the performance of the employee's duty; That the employee is an individual with a disability who with a reasonable accommodation cannot perform the essential functions of the position; or That the employee currently is not qualified for the position. Before an employee in the skilled or professional service may be disciplined for performance-related reasons, the appointing authority or designee shall: Investigate the employee's performance, including the employee's most recent performance appraisals; Notify the employee of the deficiency and provide an explanation of the employer's position; Meet with the employee to hear the employee's explanation, unless the employee is unavailable or unwilling to meet; and After determining the appropriate discipline, give the employee written notice of the disciplinary action to be taken, and the employee's appeal rights, and inform the employee of the effective date of the disciplinary action. Between the time an appointing authority notifies the employee of the disciplinary action and the time of the imposition of the discipline, the appointing authority may rescind the discipline. Except in the case of an annual performance appraisal, within 30 days after the appointing authority acquires knowledge of performance-related reasons for which disciplinary action may be imposed, the appointing authority shall take each of the actions required in §C of this regulation. The time period may be extended for any time that the employee is unavailable. In the case of an annual performance appraisal, the appointing authority shall impose discipline within 30 days after the time period specified in §G of this regulation. Performance Appraisals. When an employee has been given an overall rating of “unsatisfactory" on an annual performance appraisal, the employee's supervisor shall inform the employee that the employee has 180 days from issuance of the rating to improve to the level of “satisfactory”. Approximately midway through the 180-day period, the employee and the employee's supervisor shall meet to evaluate the employee's progress toward a satisfactory rating. Failure to meet standards at the end of the 180-day period shall result in the employee's termination. When an employee is terminated under the provisions of §G(1) of this regulation, the Secretary shall be notified and the appointing authority shall submit to the Secretary a copy of each of the documents required by State Personnel and Pensions Article, §7-503, Annotated Code of Maryland. Under the provisions of State Personnel and Pensions Article, §8-107, Annotated Code of Maryland, an employee may not be denied a pay increase unless substantial reasons of performance were cited on the employee's mid-year or final performance appraisal forms. Scope. This regulation applies to an employee in the skilled and professional services. This regulation does not apply to an employee under special appointment. An employee may be disciplined for engaging in any of the following actions: Being negligent in the performance of duties; Engaging in intentional misconduct, without justification, which injures another person, causes damage to property, or threatens the safety of the work place; Being guilty of conduct that has brought or, if publicized, would bring the State into disrepute; Being unjustifiably offensive in the employee's conduct toward fellow employees, wards of the State, or the public; Violating a provision of State Personnel and Pensions Article, Title 2, Subtitle 3; Title 15; or §9-607; Annotated Code of Maryland; Stealing State property with a value of $300 or less; After notification, continuing to engage in another business, trade, or occupation, which conflicts with the employee's position, or which prevents the employee from satisfactorily performing the duties of the employee's position; Engaging in conduct involving dishonesty, fraud, deceit, misrepresentation, or illegality; Causing damage to public property or wasting public supplies through negligence, recklessness, or willful conduct; Willfully making a false official statement or report; Knowingly assisting another in conduct that is a violation of State Personnel and Pensions Article, Annotated Code of Maryland, the regulations in this chapter, or any other lawful agency policy; Violating a lawful order or failing to obey a lawful order given by a superior, or engaging in conduct, violating a lawful order, or failing to obey a lawful order which amounts to insubordination; Engaging in discrimination prohibited by law; Using leave contrary to law or policy; or Committing another act, not previously specified, when there is a connection between the employee's activities and an identifiable detriment to the State. The actions in §B of this regulation are in addition to the automatic causes for termination enumerated in State Personnel and Pensions Article, §11-105, Annotated Code of Maryland. Before an employee may be disciplined for conduct-related reasons, the appointing authority shall: Notify the employee of the misconduct and provide an explanation of the employer's evidence; Investigate the alleged misconduct; Meet with the employee, unless the employee is unavailable or unwilling to meet; Consider any mitigating circumstances; Determine the appropriate disciplinary action, if any, to be imposed; and Give the employee written notice of the disciplinary action to be taken and the employee's appeal rights, and inform the employee of the effective date of the disciplinary action. Unless otherwise provided by law, an appointing authority shall take each of the actions required in §D of this regulation within the time limits provided in State Personnel and Pensions Article, §11-106, Annotated Code of Maryland. An appointing authority may take any of the disciplinary actions specified in State Personnel and Pensions Article, §§11-104 and 11-105, Annotated Code of Maryland, against an employee in the management service, the executive service, or under special appointment. An employee may appeal a disciplinary action imposed under this regulation pursuant to State Personnel and Pensions Article, §11-113, Annotated Code of Maryland, and a termination imposed under State Personnel and Pensions Article, §11-305, Annotated Code of Maryland. Each employee subject to this regulation serves at the pleasure of the appointing authority and may be terminated or disciplined for any reason that is not illegal or unconstitutional, solely in the discretion of the appointing authority. An appeal under this regulation may only be based on the grounds that the disciplinary action is illegal or unconstitutional. Effective October 1, 1996, if a former classified service employee's classification is placed in the management service, the employee shall retain the disciplinary appeal rights for the skilled service or professional service for as long as the employee remains in the position held on the effective date of the State Personnel Management System Reform Act of 1996, or until April 1, 1998, whichever occurs first. State Personnel and Pensions Article, §4-106 and Title 11, Annotated Code of Maryland Effective date: Regulations .01—.06 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; adopted permanently effective September 8, 1997 (24:18 Md. R. 1297) For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance. Regulation .03G amended effective January 24, 2011 (38:2 Md. R. 85) In this chapter, the following terms have the meanings indicated: “Employee” means an individual covered by State Personnel and Pensions Article, §12-102, Annotated Code of Maryland. “Grievance” has the meaning stated in State Personnel and Pensions Article, §12-101, Annotated Code of Maryland. “Party” means an employee filing an appeal, the aggrieved employee's appointing authority, the employee's principal unit, or the Department of Budget and Management when named in a second step grievance decision. Procedure. Unless a peer review panel is available and selected by an employee, the State Personnel Management System grievance procedure consists of the three steps specified in State Personnel and Pensions Article, §12-201, Annotated Code of Maryland. When filing a grievance appeal, at each step of the grievance procedure the employee shall state, to the extent possible, the issues of fact and law that the employee believes support the grievance. The grievance shall be filed on a form prescribed by the Secretary. The procedures for hearings and settlement conferences are governed by COMAR 17.04.07. The parties shall make every effort to resolve a grievance promptly and at the lowest possible level. The right of the parties to bypass steps is governed by State Personnel and Pensions Article, §12-201, Annotated Code of Maryland. The right of the parties to consolidate grievances is governed by State Personnel and Pensions Article, §12-404, Annotated Code of Maryland. If a grievance is based on a position's classification, the head of the principal unit shall assure that a classification study of the employee's position has been made within 1 year of the date on which the grievance was initiated. A back pay award in a reclassification grievance is governed by the provisions of State Personnel and Pensions Article, §12-402(b)(2), Annotated Code of Maryland. State Personnel and Pensions Article, §4-106 and Title 12, Annotated Code of Maryland Effective date: Regulations .01—.05 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; adopted permanently effective September 8, 1997 (24:18 Md. R. 1297) For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance. This chapter applies to all conferences, hearings, and appeals conducted pursuant to State Personnel and Pensions Article, Titles 11 and 12, Annotated Code of Maryland. This chapter shall be construed to ensure the fair and expeditious processing of grievances and disciplinary actions. This chapter supplements the procedures established by statute. Hearings are governed by this chapter and COMAR 28.02.01. In the case of a conflict between this chapter and COMAR 28.02.01, this chapter prevails. In this chapter, the following terms have the meanings indicated. Terms Defined. “Appeal” means a grievance or disciplinary action challenged by an employee or former employee. “Business day” means a calendar day, excluding Saturdays, Sundays, and employee holidays as defined in State Personnel and Pensions Article, §9-201, Annotated Code of Maryland. “Designated representative” means an attorney, an employee organization representative, or any other individual authorized in writing by a party to represent the party. “Disciplinary action” has the meaning stated in State Personnel and Pensions Article, §11-104, Annotated Code of Maryland. “Employer” has the meaning stated in State Personnel and Pensions Article, §12-101, Annotated Code of Maryland. “Grievance” has the meaning stated in State Personnel and Pensions Article, §12-101, Annotated Code of Maryland. “Hearing” means a contested case proceeding conducted by the Office of Administrative Hearings. “Office” means the Office of Personnel Services and Benefits, Department of Budget and Management, which is the designated representative of the Secretary. “Party” means an employee filing an appeal, the aggrieved employee's appointing authority, or the Department of Budget and Management when named in a second step grievance decision. An appeal shall be received by the Office not later than 10 calendar days after the date the appellant received the decision of the head of the principal unit or the unit head's designee. Whenever service of a decision under §A of this regulation is by regular mail, 3 business days shall be added to the period for an employee to file an appeal. An appeal is considered received on the date it is date stamped by the Office. The Office shall accept appeals forwarded by facsimile. Electronic Transmittal. Each employer shall have a designated email address which may be used to file appeals. An appeal submitted by email shall be considered properly filed only when received at the designated email address of the proper employer at the appropriate stage of the appeal process. Each email transmittal may include only one appeal, with the exception of a single grievance filed by a group of employees, commonly referred to as a “group grievance”. The subject line of the email by which the appeal is transmitted shall include: The first and last name of the employee whose appeal is being filed; and The grievance issue or type of disciplinary action being appealed. The employer will send an email response to each appeal filed via email, which may be automatic, acknowledging receipt of the appeal and including the information from the subject line of the email by which the appeal is filed. The documentation required by §C of this regulation, and any other documentation being filed with the appeal, must be included in a single attachment to the email in PDF format. The Office, or any employer addressing an appeal at any step of the process, may use the email address from which an appeal is filed to deliver any notices, decisions, or other correspondence associated with the appeal to the party or representative filing the appeal. The appeal shall be considered filed only when all of the information required by State Personnel and Pensions Article, §12-205, Annotated Code of Maryland, and COMAR 17.04.05 and 17.04.06 has been submitted. The Office shall conduct all conferences informally and in accordance with the provisions of State Personnel and Pensions Article, Titles 11 and 12, Annotated Code of Maryland, and this chapter. Conferences shall be closed to the general public unless the employee waives the confidentiality of the conference. The Office shall send written notice of a settlement conference to the parties by mail or facsimile, or by email pursuant to Regulation .04 of this chapter. The settlement conference notice shall contain: The date, time, place, and the nature of the conference; A statement that notice must be received 3 business days before the conference date if special arrangements are needed to accommodate an individual with a disability; A statement that notice must be received 3 business days before the conference date if an interpreter is needed; and A statement that failure to participate in good faith or to attend a conference may result in a decision adverse to a party. A party or a designated representative shall be present for all scheduled settlement conferences. An individual may be represented by himself or herself or by a designated representative. If a designated representative participates in a settlement conference instead of a party, the designated representative shall have authority to negotiate or settle the matter appealed. A party's designated representative shall enter the representative's appearance with the Office. The designation of the representative shall be in writing. A copy of all notices and correspondence shall be sent to a party and a party's designated representative. When the appellant's designated representative is another State employee, the appointing authority of the designated representative shall assure that the designated representative is given reasonable time during work hours to investigate appeals and participate in settlement conferences and hearings relating to an appeal. An employee may not leave the employee's post of duty to represent another employee at a grievance appeal or a disciplinary appeal conference or hearing without permission from the employee's supervisor. The appointing authority shall assure that the appellant is given reasonable time during work hours to investigate appeals and participate in settlement conferences and hearings relating to an appeal. The Office shall only consider a request for postponement of a settlement conference: If the requesting party provides a written request 3 business days before the scheduled conference and establishes good cause for the postponement; In the case of an emergency as defined in §C of this regulation; or Under unusual circumstances as determined by the Office. The Office may require documentation of the reasons for the postponement from the party requesting the postponement. Emergency postponements are granted only when the emergency is a sudden, unforeseen occurrence requiring the immediate attention of the requesting party. If the postponement is requested due to a medical emergency, the party requesting the postponement shall submit written medical documentation by one of the medical providers named in State Personnel and Pensions Article, §9-504, Annotated Code of Maryland. Failure to provide the required documentation may result in a decision adverse to the requesting party. The Office in its exclusive discretion may conduct a settlement conference by telephone, video, or other electronic means if each party has an opportunity to participate in the entire proceeding. Except as authorized by the Office, documents for a telephone, video, or electronic conference shall be received by the Office and each party at least 3 business days before the scheduled conference. Each party shall attend and participate in good faith in a scheduled conference or hearing. The Office of Administrative Hearings may issue a decision adverse to the party upon a showing that the party: Was sent proper notice of the conference or hearing; and Failed to show good cause for not attending. Except in an emergency as defined by Regulation .08C or D of this chapter, a determination of good cause may not be made if the party or the party's representative failed to provide timely notification to the Office of the party's inability to attend. The good faith obligation imposed by this regulation does not require a party to negotiate or settle a case. It requires that a party be prepared to: Discuss the merits of the case at the conference after having evaluated the factual and legal issues involved; and Consider all proposals which have the potential to resolve the dispute between the parties. The Office shall prepare an official record of each appeal received. The record shall consist of: The documents giving rise to the appeal; The request for an appeal; Notices of all proceedings; Any postponement requests and responses; and Any documents included in the file by mutual agreement of the parties. The substance of settlement discussions and related documentation is not part of the record forwarded to the Office of Administrative Hearings unless the parties, by mutual agreement, request inclusion of this material. Section C of this regulation does not prohibit a notation in the record by the Secretary or the Secretary's designee, when appropriate, that a party did not appear for a settlement conference. The record for an appeal not resolved by the Office shall be forwarded to the Office of Administrative Hearings. A party may submit proposed findings of fact and proposed conclusions of law before, at, or after a hearing. Proposed findings of fact and conclusions of law shall be submitted in writing. If submitted after a hearing, the proposed findings of fact and conclusions of law shall be filed not later than 10 business days after the hearing. The party submitting proposed findings of fact and conclusions of law shall serve a copy upon all other parties by mail. The Office of Administrative Hearings shall rule on each proposed finding in the final decision. A peer review panel may be selected in accordance with State Personnel and Pensions Article, §11-112 or 12-301, Annotated Code of Maryland. A principal unit may apply to the Secretary for approval to establish a peer review panel. The application shall state how panel members are to be selected, their terms on the panel, the procedures for appealing a disciplinary action or grievance to a panel, and the procedures and policies that will bind the panel in its decision making. An individual who is a party to the issue to be considered by a peer review panel, was involved in the decision giving rise to the grievance, or otherwise had a conflict of interest, may not participate as a member of the panel convened to hear the employee's appeal. A panel shall be bound by a regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy to the same extent as the Office is, or would have been bound, if it were hearing the case. Approval of a peer review panel is effective until the principal unit head amends its application or revokes authority for the panel. Revocation of the panel's authority may occur without the Secretary's approval. A unit may employ more than one type of panel if approval is received from the Secretary. A unit shall notify its employees of the existence of an approved peer review panel and shall keep a copy of the application and approval in accordance with State Personnel and Pensions Article, §5-101, Annotated Code of Maryland. A decision issued by a peer review panel shall contain findings of fact and conclusions of law, meet the requirements of the Administrative Procedure Act, and be sent to the parties within 45 days after the close of the record. The decision of the peer review panel is the final administrative decision. In a hearing held pursuant to State Personnel and Pensions Article, Titles 11 and 12, Annotated Code of Maryland, the Office of Administrative Hearings is bound by a regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy, to the same extent that the Office is, or would have been bound, if it were hearing the case. A hearing conducted by the Office of Administrative Hearings, in accordance with the State Personnel and Pensions Article, shall be closed to the general public unless the employee waives the confidentiality of the hearing. The Office of Administrative Hearings may not conduct a settlement conference before taking oral testimony or issuing a ruling on a substantive issue. After taking oral testimony or issuing a ruling on a substantive issue, the Office of Administrative Hearings may conduct a settlement conference. State Personnel and Pensions Article, §4-106 and Titles 11 and 12, Annotated Code of Maryland Effective date: Regulations .01—.14 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997 Regulations .01—.14 adopted effective September 8, 1997 (24:18 Md. R. 1297) For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance. Regulation .02B amended effective January 19, 2015 (42:1 Md. R. 19) Regulation .04 amended effective January 19, 2015 (42:1 Md. R. 19) Regulation .06A amended effective January 19, 2015 (42:1 Md. R. 19) This chapter applies to all Executive Branch agencies including a unit with an independent personnel system. Unless otherwise specified, this chapter also applies to temporary employees in the State Personnel Management System and to contractual, emergency, and temporary employees in an Executive Branch unit with an independent personnel system. In this chapter, the following words have the meanings indicated. Terms Defined. “Party” means an employee filing a complaint or the head of the principal unit which employs the complainant. “Personnel action” includes an appointment, promotion, disciplinary or corrective action, acting capacity, reassignment, reclassification, reinstatement, performance appraisal, decision affecting compensation, benefits, training, or any other matter which significantly affects an individual's compensation, terms, conditions, or privileges of employment. Principal Unit Program. Each principal unit shall maintain a continuing equal opportunity program to identify and eliminate discriminatory practices and policies. In support of this program, the head of the unit, in conjunction with the fair practices officer, shall: Provide resources to the program to ensure efficient and successful operation; Provide for the prompt, fair, and impartial processing of complaints; Conduct a continuing campaign to eradicate prejudice and discrimination from the unit's personnel policies, practices, and working conditions; Communicate the unit's equal employment opportunity policy and program and its employment needs to all sources of job candidates without regard to any of the categories specified in State Personnel and Pensions Article, §5-208, Annotated Code of Maryland; Provide orientation, training, and advice to managers and supervisors to assure their understanding and implementation of the equal employment opportunity policy; Review and evaluate managerial and supervisory performance in a manner that ensures a continuing application and enforcement of the policy of equal opportunity; Take appropriate disciplinary action against employees who engage in discriminatory practices; Comply with the Religious Freedom Restoration Act of 1993 (42 U.S.C. §2000bb); Comply with the Americans With Disabilities Act (42 U.S.C. §12-101); Make reasonable accommodation to the known physical or mental limitations of qualified applicants and employees with disabilities unless accommodation would impose an undue hardship on the operation of the unit's program; and Establish a system for periodically evaluating the effectiveness of the unit's overall equal employment opportunity effort. To implement the unit's program, the appropriate staff of the unit shall: Develop plans and procedures necessary to carry out the unit's program; In accordance with the unit's annual EEO plan, monitor all personnel actions adopted by the unit; Attest that procedures followed were consistent with State Personnel and Pensions Article, §5-207(d)(2), Annotated Code of Maryland; Post, and otherwise make available, throughout the workplace, EEO materials in accordance with legal requirements; Ensure that all unit employees receive full cooperation in the processing and resolution of discrimination complaints, including granting the State EEO Coordinator or designee, the unit fair practices officer, and unit equal employment opportunity officers access to relevant nonprivileged personnel records when required in connection with a complaint or an investigation; Post, and otherwise make available, the names, business telephone numbers, and business addresses of the State EEO Coordinator and the unit's fair practices officer and equal employment opportunity officers; and Post a notice of time limits applicable to the filing of a discrimination complaint under State and federal laws. In each unit's program, the fair practices officer shall: Advise the head of the unit regarding the preparation of equal employment opportunity plans, procedures, reports, and other matters related to the unit program; Periodically evaluate the sufficiency of the unit program for equal employment opportunity and recommend to the head of the unit any changes needed, including remedial or disciplinary action with respect to unit employees who have failed in their responsibilities; With the authorization of the head of the unit, make changes in programs and procedures designed to eliminate discriminatory practices and to improve the unit's program for equal employment opportunity; Assure that discrimination complaints are fairly and thoroughly investigated and resolved in a timely manner; and Review the complaints and corresponding investigation reports which have been completed by unit equal employment opportunity officers, certify that the reports have been reviewed, and forward the proposed decision to the head of the principal unit consistent with Regulation .04D of this chapter. Complaints of Discrimination. A complaint of discrimination pursued under State Personnel and Pensions Article, Title 5, Subtitle 2, Annotated Code of Maryland, shall: Include a signed written statement from the individual claiming to be aggrieved; Identify the unit and describe the actions or practices which form the basis of the complaint; Provide a telephone number and address where the complainant or a representative can be contacted; Identify which alleged violation of State Personnel and Pensions Article, §5-208, Annotated Code of Maryland, occurred; and Be filed with the head of the principal unit or the principal unit's designee within 30 days after the complainant first knew or reasonably should have known of the alleged violation that is the basis for the complaint. The complaint filed in accordance with this section does not preclude an individual from filing a complaint with the Maryland Commission on Human Relations, the Equal Employment Opportunity Commission, or other appropriate agency, but it does preclude filing a grievance under State Personnel and Pensions Article, Title 12, Annotated Code of Maryland. A unit shall notify the Secretary or designee of a complaint of discrimination when it is filed by forwarding a copy of the complaint and indicating the date of filing and with whom the complaint was filed. The notification to the Secretary is required for complaints of discrimination filed in accordance with the grievance procedures under State Personnel and Pensions Article, Title 12, Annotated Code of Maryland, and complaints of discrimination filed under State Personnel and Pensions Article, Title 5, Subtitle 2, Annotated Code of Maryland. Definitions. In this regulation, the following terms have the meanings indicated: “Comparable individual” means an individual whose circumstances and those of the complainant are such that it is appropriate that their treatment be compared to determine if discrimination has occurred. “Relevant information” includes but is not limited to: Statistical and other data reflecting personnel actions taken by an alleged discriminating official; Nonprivileged information in personnel files of comparable employees; and Any other information considered relevant by the State EEO Coordinator, the unit's fair practices officer, or the unit's equal employment opportunity officer. An equal employment opportunity officer or a fair practices officer assigned to investigate a complaint of discrimination may: Administer oaths; Obtain affidavits; Conduct interviews; and Obtain relevant nonprivileged information necessary to investigate and resolve the issues presented by the complainant. Procedures. The complainant and each employee of the complainant's unit shall cooperate fully with an investigation of a discrimination complaint. Each individual shall produce documentary or testimonial evidence requested by the investigator. An employee who fails to cooperate during an investigation, provides false information, obstructs, or in any way impedes an investigation shall be subject to disciplinary action, up to and including termination. When the complainant, the complainant's unit, or one of the unit employees fails without good cause to respond fully and in a timely manner to requests for documents, records of comparative data, statistics, affidavits, or the attendance of witnesses, an individual authorized to investigate a complaint of discrimination shall make a note of the failure and the head of a principal unit, the State EEO Coordinator, or the Secretary, as appropriate, may: Draw an adverse inference that the requested information would have reflected unfavorably on the party failing to provide it; Consider the allegations relating to the requested information or testimony to be established in favor of the opposing party; Exclude other evidence offered by the party failing to produce the requested information or witness; Issue a decision fully or partially in favor of the opposing party; or Take any other action the decision maker considers appropriate under the circumstances. Reports of Investigation. Upon completion of an investigation under this regulation, the unit's fair practices officer shall send a proposed decision to the head of the principal unit. The head of the unit shall issue to the parties a written decision and may grant any appropriate relief. The equal employment opportunity officer shall maintain all original documents in accordance with the unit's document and retention schedule. A written decision issued by the head of the principal unit in accordance with State Personnel and Pensions Article, §5-212(2), Annotated Code of Maryland, shall be based on the report of investigation and the proposed decision recommended by the equal employment opportunity officer. In accordance with State Personnel and Pensions Article, §5-213, Annotated Code of Maryland, a complainant who is dissatisfied with the decision of the head of the principal unit may appeal the decision in writing to the Secretary. The decision of the Secretary shall be based upon such facts as the Secretary deems appropriate. The Secretary shall grant appropriate relief and send a final decision to the parties. Those employees specified in State Personnel and Pensions Article, §5-301, Annotated Code of Maryland, may file a complaint with the Secretary alleging that a personnel action was taken in violation of State Personnel and Pensions Article, §5-305, Annotated Code of Maryland, as a reprisal against the employee for the employee's disclosure of impropriety in government. The complaint shall be filed in accordance with the provisions of State Personnel and Pensions Article, §5-309, Annotated Code of Maryland. Complaints shall be filed in writing and include the following information: Name, telephone number, and home address of complainant; Name, and business address, if known, of the person against whom the complaint is made; Date or dates of alleged unlawful personnel actions; A statement of the facts which are the basis for the complaint; A statement detailing the disclosure of information and when and to whom the disclosure was made; Signature of the complainant; and Date the complaint is filed. An employee in the State Personnel Management System who wishes to pursue a complaint shall file either a complaint under State Personnel and Pensions Article, Title 5, Subtitle 3, Annotated Code of Maryland, or, when permitted, a grievance under State Personnel and Pensions Article, Title 12, Annotated Code of Maryland. The Secretary's investigation and the issuance of findings regarding a whistleblower complaint are governed by State Personnel and Pensions Article, §5-309, Annotated Code of Maryland. Remedial action which may be ordered by the Secretary for a violation of State Personnel and Pensions Article, §5-305, Annotated Code of Maryland, is governed by State Personnel and Pensions Article, §5-309, Annotated Code of Maryland. A complainant may appeal to the Office of Administrative Hearings in accordance with State Personnel and Pensions Article, §5-310, Annotated Code of Maryland. A request for a hearing shall be in writing and signed by the individual requesting a hearing. The Office of Administrative Hearings shall hold the hearing and shall issue the final administrative decision. Any hearing conducted shall be held in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and State Personnel and Pensions Article, §5-310, Annotated Code of Maryland. The complainant shall bear the burden of proof. The Office of Administrative Hearings may not remand a whistleblower complaint to the Secretary for investigation. The Office of Administrative Hearings may not hold a hearing on the merits of an employee's appeal until all preliminary jurisdictional issues are resolved. Each party shall make every effort to promptly resolve a complaint at the lowest level possible. State Personnel and Pensions Article, §§4-106, 5-204, and 5-303, Annotated Code of Maryland Effective date: Regulations .01—.08 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; adopted permanently effective September 8, 1997 (24:18 Md. R. 1297) For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance. In this chapter, the following terms have the meanings indicated. Terms Defined. “Agency technical representative” means an employee designated by an appointing authority to ensure compliance with the requirements of this chapter and whose duties include, but are not limited to, the following: Scheduling of urine specimen collections; Designation of collection sites; Assurance of integrity of collection procedures and sites; Assurance of integrity of testing and specimen retention procedures; Review of data and reports; and Acting as contact person for the appointing authority's program for testing for illegal use of drugs. “Applicant” means a person who is seeking an employer-employee relationship in a position in a sensitive classification or in a sensitive position. “Applicant-employee” means an employee of the State who is an applicant for a position that is: In a sensitive classification or is a sensitive position; and Different from or in addition to the position currently held by the applicant-employee. “Appointing authority” means a person who has the power to make appointments and to terminate employment. “Controlled dangerous substance offense” means: A controlled dangerous substance violation under Criminal Law Article, Annotated Code of Maryland; An offense of the law of any other jurisdiction if the prohibited conduct is a controlled dangerous substance offense if committed in this State; or Driving or attempting to drive while under the influence of: Drugs or drugs and alcohol, or A controlled dangerous substance. “Employee” means a person with whom the State has an employer-employee relationship. “Employer-employee relationship” means a relationship in which a person is paid for services to the State and in which: All of the following conditions of employment exist: The State has the right to control and direct the performance of services not only as to results, but also as to details and means, The State has the right to discharge the employee, and The State furnishes necessary tools and a place to work; The status of the employee is any of the following: Classified, Unclassified, Temporary extra, or Contractual; and Any of the following personnel actions resulted in employment: Open selection from an eligible list, Promotion, Demotion, Horizontal change, Transfer, Reinstatement, Reemployment, Reclassification, Unclassified appointment, Temporary appointment pending examination, Temporary extra appointment, or Contractual appointment. “Secretary” means the Secretary of Budget and Management or the Secretary's designated representative. “Sensitive classification” means a classification in which the Secretary has determined that any of the following conditions exists: An employee in the classification has a substantially significant degree of responsibility for the safety of others and there is a potential that impaired performance of the employee could result in death of or injury to the employee or others; An employee in the classification is required to carry a firearm; An employee in the classification is directly involved in efforts to interdict the flow of narcotics; or An employee in the classification is directly involved with narcotics law enforcement. “Sensitive position” means a position for which an appointing authority has determined that any of the conditions listed in §B(8) of this regulation exists, but which is not in a sensitive classification. The Secretary shall maintain a list of sensitive classifications. Each appointing authority is responsible for determining whether positions within the appointing authority are sensitive, and may designate those positions as sensitive positions. Each appointing authority who designates a position as sensitive shall be responsible for all of the following: Notification to the employee in the position of the designation of the position as sensitive and of requirements for testing in accordance with Regulation .04 of this chapter; Maintenance of documentation of the reasons for the designation; Presentation of the reasons for the designation in administrative or judicial proceedings; and Provision of reports to the Secretary, to be submitted following the end of each fiscal quarter, listing each position, as identified by position identification number, that has been designated as sensitive along with the reasons for the designation. In addition to applicants, §§B—E of this regulation apply to applicant-employees. Conditions for Testing. Testing for illegal use of drugs shall be required for positions in sensitive classifications or for sensitive positions if the applicant has not been eliminated from consideration at an earlier stage of the recruitment process. Notification. Examination Announcements; Information Provided by Appointing Authority. Examination announcements for positions in sensitive classifications shall include a statement that testing for illegal use of drugs is part of the selection process. The appointing authority shall also inform applicants for positions in sensitive classifications or for sensitive positions that testing for illegal use of drugs is required and shall be conducted at some point in the selection process, including any time during the applicant's probationary period. Refusal to be Tested. The appointing authority shall inform an applicant for a position in a sensitive classification or for a sensitive position who refuses to be tested that refusal shall result in all of the following: Disqualification from that position; Removal from any list of eligibles for any sensitive classification; and Removal from the list of eligibles for all sensitive positions within the classification of the sensitive position for which the applicant refused to be tested. Positive Test Results. The appointing authority shall inform an applicant who agrees to be tested of the consequences of a positive test result in accordance with §E of this regulation. Testing Protocol. The appointing authority shall give an applicant for a position in a sensitive classification or for a sensitive position who has not been eliminated from consideration at an earlier stage of the recruitment process a Drug Abuse Screen-Applicant Authorization form prescribed by the Secretary to complete at the interview. The applicant shall appear at one of the designated collection sites with the completed authorization form at a time set by the appointing authority. When urine specimen collection as provided in Regulation .05 of this chapter is a part of the interview, the urine specimen may be collected at the time of the interview. After completion of the test, the test results shall be provided to the State Medical Director, who shall inform the appointing authority of the suitability of the applicant for further consideration. If the State Medical Director has determined that an applicant is suitable in accordance with §D(2) of this regulation, the appointing authority shall schedule an appointment for the applicant to appear for a physical examination within 8 calendar days after the date of the interview. All testing protocols shall be in accordance with Regulation .05 of this chapter. Consequences of Positive Test Results. An applicant for a position in a sensitive classification or for a sensitive position who tests positive shall be disqualified from State employment for a position in a sensitive classification or for a sensitive position unless the applicant submits to the Secretary a certificate from a physician certifying on the certificate under oath that the applicant has: Successfully participated in a drug abuse rehabilitation program of at least 6 months duration; and Been free of drugs listed in Regulation .06 of this chapter for at least 18 months immediately before reapplying for State service. An applicant who is later hired in accordance with the procedure described in §E(1) of this regulation shall be subject to periodic random testing for illegal use of drugs. Positive Test Applicant-Employee. If an applicant-employee for a position in a sensitive classification or a sensitive position tests positive for use of illegal drugs, as part of a personnel selection process involving a promotion, demotion, horizontal change, transfer, or reclassification, the State Medical Director shall notify the applicant-employee's appointing authority of the positive test result. The appointing authority shall suspend the employee in §E(3)(a) of this regulation, without pay for 15 work days. As a condition of returning to work, the employee shall enroll in a drug abuse rehabilitation program of at least 6 months duration and shall be subject to periodic testing throughout the duration of the program. At the conclusion of the rehabilitation program the employee shall submit to the Secretary a certification from the attending physician, or a certified chemical dependency counselor, licensed certified social worker, or licensed psychologist associated with the rehabilitation program, certifying on the certificate under oath that the employee has successfully participated in a drug abuse program of at least 6 months duration and has not tested positive for drugs listed in Regulation .06 of this chapter at any point during the rehabilitation program. If the employee does not enroll in a drug abuse rehabilitation program during the suspension period, or if the employee fails to successfully participate in a drug abuse rehabilitation program for at least 6 months, the appointing authority shall begin proceedings to dismiss the employee. The employee who successfully participated in a drug abuse rehabilitation program of at least 6 months duration and has been free of drugs listed in Regulation .06 of this chapter for at least 18 months, including the 6-month period in which the employee participated in a drug abuse rehabilitation program, may reapply for a sensitive classification or a sensitive position. A person who is later hired in accordance with the procedure described in §E(3) of this regulation shall be subject to periodic random testing for illegal use of drugs. The State Medical Director may disapprove a physician's certificate as set forth in §E(1) and (3) of this regulation if the State Medical Director determines that the drug abuse rehabilitation program does not meet standards generally recognized in the field of drug abuse treatment or therapy. Appeal Rights. This section applies to applicants only. The appointing authority shall notify the applicant in writing of any disqualification based on test results, and shall inform the applicant of the appropriate appeal route. An applicant may submit a written appeal of any positive test results to the Secretary within 5 work days after receipt of the written notice of the positive test results. The applicant shall bear the burden of proving an irregularity in the drug testing procedure used. This appeal may not be a contested case. Upon receipt of the appeal, the Secretary shall review the documentation, and may decide to uphold the decision of the appointing authority to eliminate the applicant from consideration in accordance with §E of this regulation or: Conduct an investigation to obtain additional information; or Convene a conference, which may be attended by the appointing authority, the applicant, and other appropriate individuals. The Secretary shall issue a written determination within 45 calendar days after receipt of the appeal, or within 45 calendar days after an investigation or conference. Employee Arrest. Each employee arrested for an alleged controlled dangerous substance offense shall report the arrest to the employee's appointing authority on the employee's next scheduled work day, or within 1 week, whichever is earlier. Failure to report the arrest shall result in disciplinary action, up to and including dismissal. Conditions for Testing for Illegal Use of Drugs. An appointing authority may require that an employee be tested if the appointing authority has reasonable suspicion to believe that the employee has illegally used drugs. An appointing authority may require employees in positions in sensitive classifications or in sensitive positions to be tested for the illegal use of drugs if any of the following conditions exist: Reasonable Suspicion. This condition exists when the appointing authority has reasonable and specific grounds to believe that a drug abuse test of an employee shall produce evidence of illegal use of drugs. Incident Triggered Factor. This condition exists when an injury to the employee or another person or property damage may have been caused by human error, and the employee was directly involved in the accident or incident. Participation in Drug Abuse Rehabilitation Program. This condition exists when an employee in a position in a sensitive classification or in a sensitive position has notified the employee's appointing authority that the employee is voluntarily participating in a drug abuse rehabilitation program, including any program offered under the State Employee Assistance Program, and this participation is not the result of having tested positive in accordance with this chapter. The employee's appointing authority may arrange for testing of the employee at any time during the: Employee's participation in the rehabilitation program; and One-year period immediately following the employee's successful completion of the rehabilitation program. Arrest for a Controlled Dangerous Substance Offense. This condition exists when an employee in a position in a sensitive classification or in a sensitive position has notified the employee's appointing authority that the employee has been arrested for a controlled dangerous substance offense. Random Testing. Each appointing authority, with the approval of the Secretary, shall assure that employees in positions in sensitive classifications or in sensitive positions within the appointing authority are subject to random testing for illegal use of drugs. Random testing requires that statistically significant samples of employees in sensitive classifications or in sensitive positions be tested on a periodic basis. All employees in sensitive classifications or in sensitive positions have an equal chance of being tested. However, only a sample of employees in each sensitive classification or a sample of all employees in sensitive positions are tested, based upon an appropriate random sampling technique. Notification. An appointing authority shall give an employee who is to be tested a Controlled Dangerous Substance Test Order prescribed by the Secretary. Refusal to be Tested. The appointing authority shall inform an employee who refuses to be tested that refusal may result in disciplinary action, which may include termination from State service. Positive Test Results. The appointing authority shall inform an employee who agrees to be tested of the consequences of a positive test result in accordance with §E of this regulation. Testing Protocol. The appointing authority shall provide an employee who is ordered to take a urinalysis for the purpose of testing for illegal use of drugs with a Controlled Dangerous Substance Test Order. After completion of the test, the test results shall be provided to the State Medical Director, who shall inform the appointing authority of whether an employee has tested positive or negative. All testing protocols shall be in accordance with Regulation .05 of this chapter. Consequences of Positive Test Results. When, as a result of a random drug test in accordance with §C of this regulation, an employee in a position in a sensitive classification or in a sensitive position tests positive for use of illegal drugs, the appointing authority shall suspend the employee without pay for 15 work days. As a condition of returning to work, the employee shall enroll in a drug abuse rehabilitation program of at least 6 months duration and shall be subject to periodic testing throughout the duration of the program. At the conclusion of the rehabilitation program the employee shall submit to the Secretary a certification from the attending physician, or a certified chemical dependency counselor, licensed certified social worker, or licensed psychologist associated with the rehabilitation program, certifying on the certificate under oath that the employee has successfully participated in a drug abuse rehabilitation program of at least 6 months duration and has not tested positive for drugs listed in Regulation .06 of this chapter at any point during the rehabilitation program. If the employee does not enroll in a drug abuse rehabilitation program during the suspension period, or if the employee fails to successfully participate in a drug abuse rehabilitation program for at least 6 months, the appointing authority shall begin proceedings to dismiss the employee. When, as the result of any of the conditions described in §B(2) of this regulation, an employee in a position in a sensitive classification or in a sensitive position tests positive for use of illegal drugs, the appointing authority shall institute proceedings to dismiss the employee in accordance with the employee's status of employment. When an employee not in a position in a sensitive classification or not in a sensitive position tests positive, the appointing authority shall institute whatever disciplinary action the appointing authority considers appropriate. Drug Rehabilitation Program. The employee's continued employment or eligibility for reemployment, if terminated, may be conditioned on the employee's enrollment in and satisfactory completion of a drug rehabilitation program. If the employee is not terminated, the employee shall be required to enroll in a drug abuse rehabilitation program of at least 6 months duration and shall be subject to periodic testing throughout the duration of the program. At the conclusion of the rehabilitation program the employee shall submit to the Secretary a certification from the attending physician, or a certified chemical dependency counselor, licensed certified social worker, or licensed psychologist associated with the rehabilitation program, certifying under oath that the employee has successfully participated in a drug abuse rehabilitation program of at least 6 months duration and has not tested positive for drugs listed in Regulation .06 of this chapter at any point during the rehabilitation program. The employee may be tested again at any point during the year following participation in the rehabilitation program. If the employee does not enroll in the drug abuse rehabilitation program, or does not successfully complete the rehabilitation program, or if the employee tests positive at any point during the 1 year following participation in the rehabilitation program, the employee shall be terminated. An employee who is dismissed from State service in accordance with §F(1) of this regulation shall be disqualified from State employment for positions in sensitive classifications or for sensitive positions unless the person submits to the Secretary a certificate from a physician certifying on the certificate under oath that the person has: Successfully participated in a drug abuse rehabilitation program of at least 6 months duration; and Been free of drugs listed in Regulation .06 of this chapter for at least 18 months before the person's application for the position. An individual who is later hired in accordance with the procedure described in §F(5) of this regulation shall be subject to periodic testing for illegal use of drugs. If the individual tests positive, the individual shall be terminated. An individual who is later hired in accordance with the procedure described in §F(5) of this regulation and who tests positive for illegal use of a controlled dangerous substance shall be dismissed from State service. The individual's eligibility for future State employment shall be conditioned on whatever terms the Secretary considers appropriate. The State Medical Director may disapprove a certificate as set forth in §F(1) and (5) of this regulation if the State Medical Director determines that the drug abuse rehabilitation program does not meet standards generally recognized in the field of drug abuse treatment or therapy. Nothing in this section shall be interpreted to prevent an appointing authority from taking appropriate disciplinary action, which may include termination, against an employee when the employee's conduct provides independent grounds for disciplinary action. Appeal Rights. An employee or an applicant-employee may submit a written appeal in accordance with COMAR 17.04.07. The adverse party in an appeal shall be the appointing authority. The appointing authority shall assure that all aspects of urine specimen collection are controlled to ensure integrity of the specimen. This includes either observation as the specimen is provided or methods to preclude adulteration. The appointing authority shall assure that a chain of custody is established consistent with forensic protocol standards. This means that the specimen is to be sealed in a special container and envelope which is signed by the individual being tested and by every other person who has custody until the specimen is delivered to the testing laboratory technician. All aspects of specimen receipt, identification, and testing shall be documented. The laboratory that tests the specimen shall retain all confirmed positive test: Specimens for 1 year or longer as may be required by the State; and Results for at least 3 years or longer as may be required by the State. The drugs that shall be screened include, but are not limited to, the following: Marijuana/cannabinoids; Cocaine; Opiates; Phencyclidine (PCP); and Amphetamines. An appointing authority may submit to the Secretary a written request for approval to screen for a drug or controlled substance other than those listed in §A of this regulation. If the Secretary approves the request, the Secretary shall notify all appointing authorities who require testing for illegal use of drugs of the addition of that drug to the list. The initial screening test shall use an immunoassay. The confirmatory test shall be gas chromatography-mass spectroscopy (GC-MS). An initial screening test result shall be determined to be positive based upon the following cutoff levels: Initial Test Level — nanograms per milliliter: Marijuana metabolites — 50; Cocaine metabolites — 300; Opiate metabolites — 300; Phencyclidine — 25; Amphetamines — 1,000. A confirmatory test which uses the chromatography technology specified in Regulation .07 of this chapter shall be required subsequent to each test that produces positive results for any of the drugs listed in Regulation .06 of this chapter or any drug which has been added to the list. Protocols that double-screen are permitted only if test results which are positive on both screens are confirmed positive with GC-MS before reporting a positive test. Protocols that result in one negative screening test shall be reported as a negative test. An appointing authority may arrange for collection of urine specimens by a contractor selected by the Secretary. Selection of a Laboratory by Appointing Authority. An appointing authority shall arrange for testing for illegal use of drugs to be conducted by a laboratory whose services have been contracted by the Secretary, and which is certified under National Institute of Drug Abuse Mandatory Guidelines for Federal Workplace Drug Testing Programs. Each appointing authority shall establish a procedure for testing for illegal use of drugs, provided that the procedure is in accordance with this chapter. Before implementing that procedure, the appointing authority shall submit the following to the Secretary for approval: A list of sensitive classifications for which random testing will be required; A description of the testing procedure to be used; and The name of the laboratory that will conduct the testing. Each appointing authority shall designate an agency technical representative, and shall notify the Secretary in writing of the agency technical representative's name and position. Each appointing authority shall submit to the Secretary periodic reports, including statistical information, in a format and according to a schedule determined by the Secretary. The Secretary shall conduct an annual review of the program for testing for illegal use of drugs to: Allow for incorporation of modifications made in the field of testing for illegal use of drugs; Allow for addition or deletion of specific substances listed in Regulation .06 of this chapter; and Ensure compliance with this chapter. Each appointing authority shall assure that training is provided to all of the appointing authority's employees who are involved in the implementation of this chapter. All training programs shall be subject to prior approval of the Secretary. Training shall include, but is not limited to, all of the following: Conditions for testing for illegal use of drugs; Identification of sensitive classifications or sensitive positions, which require random testing for illegal use of drugs; Notification procedures; Testing protocols, including specimen collection and chain of custody; Impact of positive test results upon applicants, employees, and the appointing authority; Appeal rights; and Confidentiality requirements. Notwithstanding any regulation to the contrary, and to the extent permissible under applicable statutes, all test results shall be handled as confidential information. Test results shall be considered part of the employee's personnel record and subject to the confidentiality protections of State Government Article, Except for those persons identified elsewhere in these regulations as having a right of access to test results, only those members of management who have a need to know of test results shall be made aware of any test results. Each appointing authority shall assure that the appointing authority's employees are notified of the following: The existence of these regulations; The circumstances under which employees may be subject to these regulations; and The employees' rights to appeal any adverse action which results from the implementation of these regulations. Executive Order 01.01.1991.16; State Personnel and Pensions Article, §§4-103, 4-106, 4-201, 4-203, 4-303, 4-307, 4-501, and 4-504, and Title 9; Annotated Code of Maryland Effective date: January 9, 1989 (15:27 Md. R. 3126) Regulations .01, .03—.11, .13, and .14 amended effective August 6, 1990 (17:15 Md. R. 1854) Regulation .01B amended effective October 24, 1994 (21:21 Md. R. 1812) Regulation .02-1 adopted effective August 6, 1990 (17:15 Md. R. 1854) Regulations .03E, .04E, .10A, B, and .14B amended, and .04F and .14C adopted as an emergency provision effective November 20, 1990 (17:26 Md. R. 2972); adopted permanently May 13, 1991 (18:9 Md. R. 1007) Regulation .03E amended as an emergency provision effective May 24, 1993 (20:12 Md. R. 994); emergency status expired November 30, 1993; adopted permanently effective March 28, 1994 (21:6 Md. R. 465) Regulation .04 amended effective October 24, 1994 (21:21 Md. R. 1812) Regulation .08A amended effective October 24, 1994 (21:21 Md. R. 1812) For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance Training is provided to employees in order to: Develop employees according to their capabilities; Train employees to perform their official duties with maximum efficiency; Increase and enhance the retention of employees in State service and meet the State's personnel needs; and Train managers and supervisors to be knowledgeable and skilled in the fair application of laws, regulations, and guidelines. Public funds may be used to supplement and subsidize training for State employees only when the Secretary certifies that the expenditures are in accordance with State training policies, guidelines, and regulations. The training program of the State Personnel Management System shall include in-service, out-service, long-term, short-term, work-study, and special training in accordance with guidelines, policies, and directives adopted by the Secretary. Within 90 days following the end of each fiscal year, the head of each principal unit shall submit to the Department of Budget and Management, Office of Personnel Services and Benefits, a report on all training and employee development activities. This report shall include agency training plans and reports in accordance with guidelines adopted by the Secretary. The reports shall be on the forms and in the manner required by the Department of Budget and Management, Office of Personnel Services and Benefits. The Incentive Awards Program of the State Personnel Management System shall be administered in accordance with the provisions of State Personnel and Pensions Article, Title 10, Subtitle 2, Annotated Code of Maryland, and with guidelines, policies, and directives adopted by the Secretary. Eligible Employees. The following employees are eligible to participate in the Student Loan Repayment Pilot Program: Employees who, at the time of admission to the Program, are employees of one of the participating units as defined in State Personnel and Pensions Article, §10-501, Annotated Code of Maryland; Employees with a record of satisfactory service, as determined by the participating unit; Employees who submit an application for the Student Loan Repayment Pilot Program; and Employees with qualifying student loans that have an outstanding balance as verified by the participating unit. Employee Selection. When selecting employees to participate in the Program, the participating unit shall consider, among other unit-specific elements, the job classification, current recruitment and retention issues, and available funding. Service Obligations. Prior to a student loan repayment award, the employee shall sign a service obligation agreement with the participating unit, whereby the employee agrees to remain in the service of the participating unit for a specified period unless involuntarily separated from service. The service obligation period per award may not be less than 3 years. The service obligation period may exceed 3 years, as determined by the head of the participating unit. During the service obligation period, the employee shall maintain satisfactory performance, as determined by the head of the participating unit. The service agreement shall provide that if the service obligation is not completed by the employee, if the employee fails to use the award for the repayment of the employee's student loan, or if the employee fails to provide satisfactory proof that the award was used to repay the employee's student loan, the employee will repay the State the amount of any benefits provided under the Program, unless repayment is waived in writing by the participating unit. Student Loan Repayments. Student loan repayments shall be paid by the participating unit directly to the certified lender on behalf of the employee or to the employee, if the employee provides proof satisfactory to the participating unit that the payment has been used to repay the employee's student loan. The Secretary of Budget and Management shall set student loan repayment limits for the Executive Branch agencies. Student loan repayments may not exceed $125,000 annually per participating unit. Student loan repayments shall be disbursed during the calendar year in accordance with the procedures adopted by the participating unit. Any student loan repayments awarded in the Program are subject to the availability of funds. Reporting Requirements. The participating units shall record the following information related to the Program: Employee name; Position classification at the time of participation; The loan repayment amount for each employee; and Whether each payment was made to assist in employee recruitment or retention. The participating units shall report the recorded information to the Governor and the General Assembly, in accordance with State Government Article, §2-1246, Annotated Code of Maryland, on or before January 1 each year for the preceding fiscal year. Each student loan repayment amount shall be reported by the participating unit to the Central Payroll Bureau to be recorded as income for the selected employee within 30 days of the date of payment. State Personnel and Pensions Article, Title 10, Annotated Code of Maryland Effective date: March 23, 1998 (25:6 Md. R. 490) For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance. Regulation .06 adopted effective November 6, 2006 (33:22 Md. R. 1734) Except as otherwise provided by law, this chapter applies to all employees covered by State Personnel and Pensions Article, §9-101, Annotated Code of Maryland. Workweek. The regular workweek consists of 40 hours in a 7-day period. The regular pay period consists of two regular workweeks. The Comptroller of the Treasury establishes the starting date for the regular pay period, and may establish alternative pay periods as necessary to comply with federal or State law. The part-time workweek consists of an average of at least 50 percent or more but less than 100 percent of the regular workweek. The workweek begins on Wednesday and ends on the following Tuesday, both days inclusive. The appointing authority may designate a different 7-day period if the designated workweek is consistent with the federal Fair Labor Standards Act (FLSA), if applicable, and State Personnel and Pensions Article, Annotated Code of Maryland. An appointing authority shall report designations of a different workweek to the Office of Personnel Services and Benefits, Department of Budget and Management. An appointing authority shall designate the workweek for all positions under the appointing authority's control. The designation of a workweek is effective until the appointing authority changes it. An appointing authority may designate a regular workweek which consists of fewer than 5 days, which is known as a compressed workweek. A compressed workweek shall be consistent with the Fair Labor Standards Act (FLSA), if applicable. An appointing authority shall report compressed workweek designations to the Office of Personnel Services and Benefits, Department of Budget and Management. Work in excess of an employee's regular workweek shall be compensated by overtime payments or compensatory time in accordance with State Personnel and Pensions Article, Title 8, Subtitle 3, Annotated Code of Maryland. Work Time. Work time includes time during which an employee: Is on duty, whether at the employee's principal job site or at a remote location as part of the State's telecommuting program; Is on paid leave; Participates in training activities as a job assignment; Is on the employer's premises and is on call and waiting for work; Is not on the employer's premises, but is on call and waiting for work, and the employee's personal activities are substantially restricted; Is changing into and removing program-specified clothing and equipment necessary for the performance of the job; Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift; Travels to and from work after being recalled to work by the appointing authority or the appointing authority's designated representative after the employee has completed the standard workday; Travels to and from work after being called to work by the appointing authority or the appointing authority's designated representative on the employee's scheduled day off if the employee works fewer than 8 hours as a result of being called on the employee's scheduled day off; Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations under COMAR 23.02.01; With prior supervisory approval, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal, in accordance with COMAR 17.04.07.07; or With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland. Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable. With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. §201 et seq., an appointing authority may exclude meal periods and a maximum of 8 hours sleep from considerations as work time for employees who are on duty for more than 24 hours. If the employee's sleep is interrupted for the performance of work so that the employee is not able to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of sleep, up to a maximum of 8 hours, as work time. Authorization to Work Overtime. An appointing authority or the appointing authority's designated representative may authorize an employee to work periods of time in excess of the employee's regular workweek, dependent upon workload demands, and shall assure that the authorization is in writing. The appointing authority shall assure that the original written authorization to work overtime in accordance with §C(1) of this regulation is retained for auditing purposes. Compensatory Time—Exempt Employees. Executive, administrative, and professional employees, as defined under the Fair Labor Standards Act (FLSA), whose classifications are not designated by the Secretary to receive overtime payments, are eligible to receive compensatory time under the provisions of State Personnel and Pensions Article, Annotated Code of Maryland. Except as otherwise provided in State Personnel and Pensions Article, §8-309(b) and (c), Annotated Code of Maryland, an employee described in §D(1) of this regulation may be authorized to receive compensatory time only after the employee has worked at least 1/2 hour beyond the employee's regular work day. Total compensatory time earned includes the first 1/2 hour plus any time worked after the first 1/2 hour. Except as otherwise provided in State Personnel and Pensions Article, §8-309(b) and (c), Annotated Code of Maryland, an employee may be authorized to receive compensatory time for time worked outside the employee's regular workweek, for example, Saturdays, Sundays, holidays, only after the employee has worked in excess of 1/2 hour on the day for which compensatory time is to be received. Total compensatory time earned includes the first 1/2 hour worked on that day plus any time worked after the first 1/2 hour on that day. Compensatory time for employees in §D(1) of this regulation shall be forfeited if it is not used within 1 year of the date on which it was accrued. The extent to which an employee may use compensatory time under §D(1), (2), and (3) of this regulation is subject to prior approval by the employee's supervisor. Compensatory Time—Nonexempt Employees. The extent to which a Fair Labor Standards Act (FLSA) nonexempt employee may earn compensatory time is governed by State Personnel and Pensions Article, §8-307, Annotated Code of Maryland, and COMAR 17.04.02.08D. A supervisor shall permit an employee to use compensatory time if the following conditions exist: The employee gave the supervisor reasonable notice of the employee's intention to use compensatory time; and The employee's use of compensatory time does not unduly disrupt the appointing authority's operations. The employee's request shall be processed in a timely manner with reasonable notice to the employee if the employee's use of compensatory time would unduly disrupt the appointing authority's operations. The amendments to §D(2) and (3) of this regulation shall apply as of July 1, 1998. A contractual employee who transfers to a budgeted position pursuant to State Personnel and Pensions Article, §13-302, Annotated Code of Maryland, shall be given credit for service in the contractual position. An individual appointed on an emergency basis pursuant to State Personnel and Pensions Article, §7-301, Annotated Code of Maryland, shall be given credit for the time served as an emergency appointee if there is no break in service between the time served as an emergency appointee and the individual's appointment to a budgeted position. General. When feasible, and in accordance with a unit's policies, each department head shall arrange the work of the agency so that an employee can use annual leave at the times requested by the employee. Rate of Earnings. From the first through the sixth month of service, leave is not available for use or payment. Upon completion of the sixth month of service, an employee shall be credited with annual leave for the first 6 months on the basis of 1 hour of leave for each 26 hours of work. From the beginning of the first year through the completion of the fifth year, an employee shall be credited with annual leave at the rate of 1 hour of leave for each 26 hours worked. An employee may not earn more than 80 hours of annual leave a year. From the beginning of the sixth year of service through the completion of the tenth year, an employee shall be credited with annual leave at the rate of 1-1/2 hours of leave for each 26 hours worked. An employee may not earn more than 120 hours of annual leave a year. From the beginning of the eleventh year of service through the completion of the twentieth year of service, an employee shall be credited with annual leave at the rate of 2 hours of leave for each 26 hours worked. An employee may not earn more than 160 hours of annual leave a year. From the beginning of the twenty-first year of service and after that, an employee shall be credited with 2-1/2 hours of leave for each 26 hours worked. An employee may not earn more than 200 hours of annual leave a year. If the designated workweek for an employee changes, the appointing authority, in accordance with guidelines, policies, or directives of the Secretary, shall credit the employee with annual leave equal to the number of hours the employee has earned at the time of the change. For purposes of this section, paid leave is considered work time. Limitations Upon Earnings. Annual leave is not earned for hours worked in excess of the employee's regular workweek. The employee's workweek is determined by the employee's percentage of employment. Availability. Annual leave shall be available to an employee to the extent earned. An employee may use annual leave only with the prior approval of the employees' supervisor. Accumulation. For an employee working a 40-hour workweek, annual leave may be accumulated to a maximum of 75 days or 600 hours and carried into a new calendar year. 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. Forfeiture. Accumulated and unused annual leave, in excess of the maximum amounts specified in §E(1) and (2) of this regulation, shall be forfeited in accordance with State Personnel and Pensions Article, §9-304, Annotated Code of Maryland. Annual leave forfeited under State Personnel and Pensions Article, §§9-304 and 9-306, Annotated Code of Maryland, is placed in the State Employees' Leave Bank, unless the employee objects. In accordance with State Personnel and Pensions Article, §9-603(b), Annotated Code of Maryland, an employee shall become a member of the Leave Bank upon forfeiture of at least 8 hours of annual or personal leave under State Personnel and Pensions Article, §9-307 or 9-403, Annotated Code of Maryland. Annual leave forfeited under State Personnel and Pensions Article, §11-104, Annotated Code of Maryland, shall be placed in the State Employees' Leave Bank. An employee who forfeits leave under State Personnel and Pensions Article, §11-104, Annotated Code of Maryland, does not become a member of the Leave Bank as a result of the forfeiture. Payment for unused annual leave shall be made in accordance with State Personnel and Pensions Article, Title 9, Subtitle 3, Annotated Code of Maryland. Rate of Earnings Upon Return to State Service. An employee who returns to State service is only entitled to credit for previous service if the employee had satisfactory performance and at least 180 days of continuous State service in an allocated position. An employee who returns to State service is entitled to credit for all prior State service in determining the rate at which the employee shall earn annual leave in accordance with §§B and H(1) of this regulation. A former temporary employee who was separated or terminated and returns to State service is not entitled to credit for prior years of service. Rate of Earnings. An employee shall be credited with 1-1/2 hours of sick leave for each 26 hours worked for a maximum of 15 days, not to exceed 120 hours, of sick leave a year. Sick leave is not earned for hours worked in excess of an employee's regular workweek. If the designated workweek for an employee changes, the appointing authority shall credit the employee with sick leave equal to the number of hours that the employee had earned at the time of the change. Accumulation. Sick leave may be accumulated without limitation. Sick leave is available in accordance with State Personnel and Pensions Article, Title 9, Annotated Code of Maryland. Forfeiture. Sick leave that is forfeited as a result of separation from service is placed, unless the employee objects, in the State Employees' Leave Bank. This provision does not preclude an employee's use of unused sick leave toward credit for time in the pension system at the time of the employee's separation due to retirement. Use of Sick Leave. An employee may use sick leave only for the purposes set forth in State Personnel and Pensions Article, §9-501, Annotated Code of Maryland. An employee who wishes to use accrued sick leave to care for a newborn or newly adopted child shall be allowed to use up to 30 days of accrued sick leave to care for the child in accordance with State Personnel and Pensions Article, §9-505, Annotated Code of Maryland. Certification of Illness. For an illness or disability of 5 or more consecutive work days, an employee shall submit an original certificate which authenticates the illness or disability in accordance with State Personnel and Pensions Article, §9-504, Annotated Code of Maryland. The certificate shall conform to requirements of the Secretary. This does not preclude an appointing authority from requiring a certificate for lesser periods. If an illness or disability of 1 day or more occurs during a period of annual leave, the appointing authority shall grant sick leave for the period of illness or disability if the employee presents a certificate which authenticates the period of illness or disability and which is signed in accordance with State Personnel and Pensions Article, §9-504(b), Annotated Code of Maryland. A certificate is not required when prohibited by the Family and Medical Leave Act (FMLA). If an illness or disability is caused by a third person, the State, after notice to the employee, shall be subrogated to the rights of the employee to the extent of any compensation paid or owed. If the employee fails to enforce a claim against the third person, the State may bring an action in its own name. After an employee has used sick leave on account of an employee's sickness or injury for 6 continuous months and the employee continues to use more sick leave immediately following that 6-month period, the sick leave shall be recorded as sick leave with sick pay, which is exempt by federal law from Social Security taxes, on all time-keeping records beginning on the first day of that month that follows the last day of the 6-month period. Sick leave taken for any purpose other than sickness or injury of the employee shall be recorded on all time-keeping records as sick leave only. Advanced Sick Leave. Definition. In this regulation, the following term has the meaning indicated. Term Defined. “Advanced sick leave” means sick leave with pay that shall be repaid. When the Secretary of Health and the Secretary have determined that there is a strong likelihood of a Statewide health emergency, the Secretary may, in the best interests of the public and State employees, implement an advanced sick leave policy to minimize exposure to health threats and the spread of disease. State employees in the State Personnel Management System, except temporary employees, may request and be automatically approved for advanced sick leave if: The Secretary has implemented an advanced sick leave policy; The employee has a need to use sick leave in accordance with State Personnel and Pensions Article, §9-501(b)(1), (2), and (5), Annotated Code of Maryland; The employee has exhausted all earned sick, annual, personal, and compensatory leave hours; The employee agrees to repay the advanced sick leave at a rate of 50 percent of earned sick leave as it is earned upon the employee's return to work; and The employee agrees that any outstanding leave amount due upon the employee's separation from State employment for any reason shall be considered a debt to the State. At the discretion of the employee, an employee who returns to work may apply additional accrued annual or personal leave to the amount owed, or elect to pay in cash at a 100 percent repayment rate. An employee who does not return to work after a period of advanced sick leave, or who separates from State service without fully repaying the debt, shall be referred to the Central Collection Unit in the Department of Budget and Management. The Secretary shall discontinue the advanced sick leave policy when the Secretary and the Secretary of Health agree that the Statewide health emergency, or threat of one, has ended. The appointing authority shall maintain records for each employee granted advanced sick leave, including the date of the request, total advanced sick leave received, and dates and amount of repayments. A maximum of 5 working days, depending on need, may be charged to sick leave in the event of death of one of the following members of the immediate family: Spouse; Children, including foster and stepchildren; Parents, stepparents or foster parents of the employee or spouse, or others who took the place of parents; Legal guardians of the employee or spouse; Brothers and sisters of the employee or spouse; Grandparents or grandchildren of the employee or spouse; and Other relatives living as a member of the employee's household. An employee may elect to receive up to 3 days of bereavement leave with pay, instead of using 3 of the 5 sick days that an employee is allowed to use upon the death of the following members of the employee's immediate family: Spouse; Children, including foster and stepchildren; Parents, stepparents, or foster parents of the employee; Brothers and sisters of the employee; Grandparents and grandchildren of the employee. A maximum of 1 working day may be charged to sick leave in the event of the death of one of the following relatives: Aunts and uncles of the employee or spouse; Nephews and nieces of the employee or spouse; Brothers-in-law and sisters-in-law of the employee or employee's spouse; and Sons-in-law and daughters-in-law. If additional time is required by the employee, the supervisor shall make reasonable efforts to arrange the employee's work so that the employee may take other accrued leave for this purpose. Eligibility for work-related accident leave is governed by State Personnel and Pensions Article, Title 9, Subtitle 7, Annotated Code of Maryland. Notice of Right to File Workers' Compensation Claim. Within 14 days of receiving notice that an employee has been disabled by a work-related injury, the appointing authority shall notify the employee, in writing, of the employee's right to file a claim with the Maryland Workers' Compensation Commission. Employee's Notice of Accident; Appointing Authorities Reports. The employee, or an individual acting on the employee's behalf, shall provide oral or written notice of the accident to the employee's appointing authority immediately after the accident occurs. The employee, or an individual acting on the employee's behalf, and the employee's supervisor, shall complete a report of injury, and provide this report and any available health care provider reports to the employee's appointing authority, within 3 working days after the accident occurs. The employee's appointing authority shall file an employer's first report of injury with the Injured Workers' Insurance Fund immediately after receipt of the report of injury specified in §C(2) of this regulation. Employee's Claim; Medical Examinations. The Injured Workers' Insurance Fund or the employee's appointing authority, or both, may refer an employee to a health care provider for examination to determine the nature and extent of the injury, the employee's progress toward recovery, the length of time necessary for recovery, and an estimated date of return to work. An appointing authority who refers an employee to a health care provider shall file with the Injured Workers' Insurance Fund a report stating the circumstances of the referral and the health care provider's prognosis. Granting of Work-Related Accident Leave; Notification of Compensability or Noncompensability by Workers' Compensation Commission. The appointing authority shall grant work-related accident leave to an employee in accordance with State Personnel and Pensions Article, §9-702, Annotated Code of Maryland. If a Workers' Compensation Commission order determines that the injury is not compensable, the appointing authority shall correct the employee's leave record to reflect a conversion of the work-related accident leave which was granted in advance of the notification under §F(1) of this regulation, to leave with pay, or, if the employee does not have leave with pay, to leave of absence without pay. The employee shall reimburse the State for any leave advanced under this section for an injury which is subsequently determined to be noncompensable. If a compensable injury is caused by a third person, the State, after written notice to the injured employee, shall be subrogated to the rights of the employee to the extent of any compensation paid or owed. If the employee fails to enforce a claim against the third person, the State may bring an action in its own name, in accordance with State Personnel and Pensions Article, §9-705, Annotated Code of Maryland. Temporary Total Benefits; Medical and Hospital Expenses. An injured employee may be entitled to temporary total benefits for loss of wages according to the Maryland Workers' Compensation Act only after all available work-related accident leave has been used. Medical and hospital expenses may be paid on behalf of an injured employee in accordance with the Maryland Workers' Compensation Act. After an employee has used work-related accident leave for an injury for 6 continuous months and the employee continues to use work-related accident leave immediately following that 6-month period, the work-related accident leave shall be recorded as work-related accident leave with sick pay, which is exempt by federal law from Social Security taxes, on all time-keeping records beginning on the first day of that month that follows the last day of the 6-month period. Employee holidays are specified in State Personnel and Pensions Article, §9-201, Annotated Code of Maryland. The appointing authority is a unit that provides a service continuously on a 7-day-a-week basis, may adopt alternate holiday scheduling that maintains the number of holidays allowed by State Personnel and Pensions Article, §9-201, Annotated Code of Maryland. Part-Time Employees. Only part-time employees as the term is defined in State Personnel and Pensions Article, §7-701, Annotated Code of Maryland, are entitled to prorated holiday leave based on the employee's percentage of employment. Employees who work less than 50 percent of a regular pay period are not entitled to holiday leave. Holiday Leave. An employee who, because of the nature of the employee's duties, is required to work on any part of an employee holiday, shall receive compensatory time for that work. An employee who is included in the executive pay plan at a pay grade of ES 6 or above may receive compensatory time for work on an employee holiday only if the employee works 5 or more hours on the holiday. The employee shall receive 1 day of compensatory time for each employee holiday on which the employee works 5 hours or more. An exempt employee shall use any compensatory time accrued under §C(1) and (2) of this regulation within 1 year after having accrued that time, or the time is forfeited. An employee who is on approved work-related accident leave during a period when an employee holiday occurs shall be paid the same rate as work-related accident leave when the holiday occurs. If an employee holiday, as provided in State Personnel and Pensions Article, §9-201, Annotated Code of Maryland, falls during the employee's absence on paid sick leave, the employee shall be credited with the employee holiday. As of July 1, 1998, nonuniformed employees of the Department of State Police who work on Thanksgiving, Christmas, or New Year's Day shall receive premium pay of time and one-half for each hour worked on these holidays in addition to compensatory time. Compressed Workweek. An employee who works a compressed workweek schedule shall receive holiday leave for an employee holiday in accordance with the compressed workweek policy of the unit which employs the employee. Each unit shall file with the Office of Personnel Services and Benefits, Department of Budget and Management, its policy for crediting holiday leave to employees on a compressed workweek schedule. Personal leave is governed by State Personnel and Pensions Article, Title 9, Subtitle 4, Annotated Code of Maryland. An employee who is a member of a reserve unit of the armed forces, or in the organized militia, is entitled to leave with pay for military training for a period of not more than 15 days annually, without loss of pay or charge against leave. An employee, including a temporary employee, may be entitled to disaster service leave with pay as provided in State Personnel and Pensions Article, §9-1102, Annotated Code of Maryland. An employee who serves as a member of a jury is entitled to leave with pay only when the employee's jury service occurs on the employee's scheduled workday. If, after reporting for jury duty, the employee is dismissed for the day, the employee shall return to work if time permits. An employee who is selected for jury service shall notify the appointing authority without delay. An appointing authority may request a court to excuse an employee when the public interest requires that the employee not be absent from work. Pursuant to State Personnel and Pensions Article, §9-1104, Annotated Code of Maryland, an employee who is summoned to appear in a court action, 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 work without loss of pay or charge against any leave. An employee is allowed up to 4 hours leave with pay to take examinations and attend interviews for State positions. The appointing authority may: Require prior approval of the interview or examination leave request; Require verification of the examination taken or interview attended; and Limit the number of interviews, and time allotted, when abuse is apparent. An employee is entitled to leave with pay following a positive tuberculin test in accordance with State Personnel and Pensions Article, §9-1103, Annotated Code of Maryland. An employee, including a temporary employee, may elect to work overtime to earn compensatory time for an absence for a religious observance, in accordance with State Personnel and Pensions Article, Title 9, Subtitle 8, Annotated Code of Maryland. If an employee is scheduled to work on a State holiday, the employee's appointing authority shall make reasonable accommodation to the employee's request to use leave for religious observance if accommodations can be made without serious interference with the efficiency of the unit or institution. If reasonable accommodations cannot be made, the appointing authority may deny the leave request. Earned Compensatory Time for Religious Observance. An employee may submit to the employee's appointing authority a request to work extra time to compensate for time off for religious observances. If a modification in a work schedule does not interfere with the efficient operation of an agency, the appointing authority shall permit an employee to work extra time to make up time lost if the employee elects to work the extra time to satisfy a religious observance. The extra time worked shall be granted as compensatory time off. An employee who elects to perform compensatory work under this section shall receive religious observance leave in accordance with State Personnel and Pensions Article, §9-803, Annotated Code of Maryland. A unit may adopt written policies which provide for exceptions to this regulation in the interest of the efficient operation of the unit. Any policies shall be reported to the Office of Human Services, Department of Budget and Management, before they are implemented. This regulation does not apply to employees of a unit which must provide a service continuously on a 7-day-a-week basis. An appointing authority may authorize paid administrative leave, not to exceed 10 work days, in order to remove an employee from the workplace when the employee: May pose a threat to self, another individual, or State property; May be incapable of properly performing the employee's duties because of extraordinary circumstances; or Is under investigation for work-related conduct. Administrative leave as specified in §A of this regulation is not a disciplinary action. Administrative leave may be authorized for incentive awards in accordance with State Personnel and Pensions Article, Title 10, Subtitle 2, Annotated Code of Maryland. Administrative leave may be authorized by the Secretary for the release of State employees under emergency conditions. Administrative leave may be authorized by the Secretary for any other reasons which are consistently applied and which are not illegal or unconstitutional. An employee who transfers to a position in any unit of State government, regardless of the personnel system governing the position, shall do so without loss of leave earned or credit for State employment in other units of State government. Fair Labor Standards Act (FLSA) exempt employees may transfer up to 10 days of compensatory time earned as overtime or for time worked. Fair Labor Standards Act (FLSA) nonexempt employees may transfer compensatory time regardless of the amount earned. Payment of annual leave upon separation from service shall be made in accordance with State Personnel and Pensions Article, §§9-305 and 9-306, Annotated Code of Maryland. Compensatory Time. In accordance with State Personnel and Pensions Article, §9-901, Annotated Code of Maryland, upon separation from State service, a Fair Labor Standards Act (FLSA) exempt full-time employee shall be compensated in cash for unused compensatory time for up to a maximum of 2 working days. Payment to a Fair Labor Standards Act (FLSA) exempt, part-time employee for unused compensatory time is prorated on the basis of 2 working days as determined by the percentage of employment. Upon separation from State service, a Fair Labor Standards Act (FLSA) nonexempt employee shall be compensated for accrued Fair Labor Standards Act (FLSA) compensatory time at a rate of compensation equal to the greater of: The average regular rate received by the employee during the last 3 years of employment; or The final regular rate received by the employee. When an employee separates from State service, the employee's last leave record shall be retained by the unit for a period of not less than 4 calendar years from the separation date. If an employee is reinstated in another unit, the new unit shall request the former unit to forward the employee's leave record. Severance Pay Guidelines. The Secretary may adopt guidelines governing severance pay. Once an employee has given notice of resignation, the employee may not use more than 10 days of annual leave, personal leave, or compensatory leave, or any combination of those types of leave, between the time notice is given and the effective date of resignation. Except for employees exempted by the Secretary in accordance with §B of this regulation, an appointing authority shall establish a positive time-keeping and leave record for each employee subject to State Personnel and Pensions Article, §9-101, Annotated Code of Maryland. Records shall include records related to overtime. Upon written recommendation from the head of a principal unit in a manner determined by the Secretary, the Secretary may exempt an employee from positive time keeping. An employee so exempted: Shall retain leave accrued before exemption but may not accrue any additional leave; and May not receive: Leave at a later date for a period of exemption, Payment for any leave unless earned before exemption, and Credit towards retirement benefits for any unused sick leave, regardless of when earned. The employee and the employee's supervisor or supervisor's designee shall sign the employee's time record as an attestation to the record's accuracy and completeness. If an employee is on leave and unavailable to sign the time record, the supervisor or designee shall sign the time record. Upon the employee's return to work, the employee shall sign each time record that was submitted without the employee's signature. Each principal unit shall report to the Secretary, by February 1 of each year, leave used in the previous calendar year. The report shall be in a format determined by the Secretary. An employee organization authorized to collect dues by check-off may request that its member employees be released to attend employee organization events approved for this purpose by the Secretary. The total amount of release time for an organization event during a fiscal year: For an organization that is an exclusive bargaining representative, shall be 1 day for every 15 employees who are on dues check-off as of July 1 of that fiscal year; For an organization that is not an exclusive bargaining representative, may not exceed 1 day for every 20 employees who are on dues check-off as of July 1 of that fiscal year. Release time may not be used in increments of less than 1 hour. All requests for release time shall be made at least 30 days in advance of the event and shall include: The names of employee members to be granted release time and the units of State government which employ them; The purpose and a general description of the event; The place and date of the event; and Any other information that the Secretary may require. The Secretary shall review the request and, if appropriate, shall respond within 10 days of receiving the representative's request. If the Secretary approves a request, the Secretary shall notify the appointing authority of employee members for whom release time has been approved. The appointing authority may approve release time from normal duties if, in the discretion of the appointing authority, the employee's service can be spared without impairing the services of the unit. At any time before the approved date, an employee organization may request permission to substitute employee members for those previously granted release time. An employee organization may request permission to substitute new dates for previously approved dates of release time. The appointing authority may approve the substitutions if the substitutions do not impair the services of the unit. The employee organization shall submit to the Secretary a list of all employee members attending the event within 30 days after the event. Definitions. In this regulation, the following terms have the meanings indicated: “Catastrophic illness or injury” has the meaning stated in State Personnel and Pensions Article, §9-601(b), Annotated Code of Maryland. “Immediate family” has the meaning stated in State Personnel and Pensions Article, §9-601(c), Annotated Code of Maryland. “Program” means the Employee-to-Employee Leave Donation Program. “Serious and prolonged medical condition” means a physical or mental impairment that substantially limits the ability of the individual to perform the essential functions of the individual's job, which cannot be accommodated through reasonable accommodation. Scope. This regulation applies to: Employees, except temporary employees, in principal departments and other independent units in the State Personnel Management System; and Employees in a principal unit in the executive, judicial, or legislative branches of State government with an independent personnel system that allows its employees to voluntarily participate in the Program. Leave Donations. An employee may voluntarily donate the employee's unused annual, personal, or sick leave to another employee who has exhausted all available annual, personal, sick, and compensatory leave because of a: Serious and prolonged medical condition of the employee that existed at the time of the donation; or Catastrophic illness or injury to a member of the employee's immediate family for whom the employee is needed to provide direct care. An employee may voluntarily donate any amount of unused annual or personal leave to an eligible employee. An employee may voluntarily donate unused sick leave to an eligible employee, but only to the extent that the donating employee has a sick leave balance of at least 240 hours after the donation. An employee who wishes to donate leave to another employee shall complete Part I of the MS 405 form, which shall be supplied to appointing authorities by the Secretary, and shall submit it to the donating employee's appointing authority. At the same time, the donating employee shall forward a copy of the MS 405 form to the employee to whom the leave is to be donated. Within 7 days of receiving the MS 405 form, the donating employee's appointing authority shall review the donating employee's sick leave balance, and determine whether the condition specified in §C(3) of this regulation has been satisfied. If the condition in §C(3) of this regulation has not been satisfied, the appointing authority shall notify the donating employee who shall be given an opportunity to donate fewer hours of sick leave, if the condition specified in §C(3) of this regulation can be satisfied. Within 7 days after conducting any reviews required in §C(5) and (6) of this regulation, the donating employee's appointing authority shall forward a copy of the MS 405 form to the receiving employee's appointing authority. Within 14 days of receiving the MS 405 form from the donating employee, the employee receiving the donation shall complete Part II of the MS 405 form and submit it to the receiving employee's appointing authority with all documentation required by the MS 405 form, unless satisfactory documentation already has been provided to the appointing authority. Within 14 days of receiving the MS 405 form, the receiving employee's appointing authority shall determine if the receiving employee is eligible for receiving donated leave in accordance with the conditions specified in §§D and E of this regulation, and make appropriate adjustments to the leave balance of the employee receiving the donation if the employee is eligible. If the receiving employee is determined to be ineligible to receive leave, the appointing authority shall deny the receiving employee the use of the donated leave. A determination denying the use of donated leave shall be made within 14 days of the receiving employee's appointing authority's receipt of a completed MS 405 form from the receiving employee. The determination shall: Be in writing; Include the appointing authority's reason for the denial and supporting documentation; and State that the employee may appeal a denial to the Secretary. The appointing authority of an employee who donates leave shall adjust the donating employee's leave balance before forwarding a copy of the MS 405 form to the receiving employee's appointing authority. If the receiving employee is denied the use of donated leave, the receiving employee's appointing authority shall notify the donating employee's appointing authority within 7 days of the denial, and the donating employee's appointing authority shall restore the leave balance of the donating employee within 14 days of notification from the receiving employee's appointing authority. Conditions for Receiving Leave Donations. An employee to whom leave is donated: May not receive more than a combined total of 2,080 hours of donated leave from the State Employees' Leave Bank and from other employees during the employee's State service; Shall only use the donated leave for: An illness or disability of the employee due to the medical condition that existed at the time the leave was donated; or A catastrophic illness or injury of a member of the employee's immediate family for whom the employee is needed to provide direct care; May not use the donated leave for any continuous period that, when combined with all other forms of paid leave, exceeds 16 months; and Shall comply with all requirements established by the employee's personnel system for the use of earned paid sick leave. Denials of Use of Donated Leave. An employee shall be denied the use of donated leave if the employee: Fails to provide medical documentation substantiating a serious and prolonged medical condition; Has not exhausted all available annual, personal, sick, and compensatory leave; Otherwise fails to qualify for use of earned paid sick leave under the requirements of the employee's personnel system; Will not be returning to work; or Has, through intimidation, threat, or coercion, interfered with or attempted to interfere with the right of another employee to contribute or not to contribute, receive, or use donated leave, promised to confer or conferred an appointment, promotion, compensation, or other benefit, or effected or threatened to effect a reprisal, including the deprivation of an appointment, promotion, compensation, or other benefit, in connection with the right of another employee to contribute, receive, use, or donate leave. Approval of leave taken to care for a covered family member for a catastrophic illness or injury is discretionary, and denial may be based on any reason which is consistently applied and is not illegal or unconstitutional. Appeals. An employee who appeals a denial of the use of donated leave shall submit a written appeal on the MS 406 form, which shall be supplied to appointing authorities by the Secretary, to the Secretary within 14 days of receiving notice of a denial. The employee shall provide a copy of the appeal to the appointing authority. An appeal shall contain a statement of the reason the employee believes the denial should be overruled, and may include supporting documentation. An employee's appointing authority has 14 days following receipt of a copy of the appeal within which to respond to the appeal. Appeals of denial of the use of donated leave shall be determined on a case-by-case basis. In determining an appeal, the Secretary shall consider the employee's medical documentation and the factors specified in §§D and E of this regulation. The Secretary's determination shall be in writing and shall be made within 30 days of receipt of the appeal and any necessary documentation. Whenever the Secretary finds it necessary to refer an employee's appeal to the State Medical Director, this period may be extended an additional 30 days. Treatment of Employee Medical Documentation. Medical documentation submitted in connection with the Program shall be treated as confidential medical information and shall be disclosed only to those individuals who need to know its contents as part of the review, evaluation, and approval process. An employee who fails to maintain the confidentiality of medical information is subject to disciplinary action, up to and including termination. Coercion, Intimidation, and Threats Prohibited. Leave donations by an employee are strictly and completely voluntary. An employee who, through intimidation, threat, or coercion, interferes with or attempts to interfere with the right of another employee to contribute or not to contribute, receive, or use donated leave, promises to confer or confers an appointment, promotion, compensation, or other benefit, or effects or threatens to effect a reprisal, including the deprivation of an appointment, promotion, compensation, or other benefit, in connection with the right of another employee to contribute, receive, use, or donate leave, is subject to disciplinary action, up to and including termination. Record Keeping. Each principal department or other independent unit in the State Personnel Management System, and each principal department or other independent unit of State government with an independent personnel system that allows its employees to participate in the Program, shall: Maintain a record of the employee leave donated; and Submit to the Secretary, on or before October 15 of each year, a report providing the following information for the preceding fiscal year: Number of employees who donated leave; Kind of leave and number of hours donated by each employee; Number of employees who received donated leave; and Number of hours of donated leave received and used by each employee to whom leave was donated. Miscellaneous. An employee who has applied for disability retirement may use donated leave if the employee: Has a serious and prolonged medical condition; Satisfies the conditions of §D of this regulation; Is not disqualified by any of the factors set forth in §E(1)(a)—(c) or (e) of this regulation; Provides satisfactory medical documentation; and Provides a certificate of illness in accordance with State Personnel and Pensions Article, §9-504, Annotated Code of Maryland. If an employee who receives donated leave does not use all of the leave received, the receiving employee’s appointing authority or designee shall report to the donating employee’s appointing authority or designee, within 7 days, the amount and type of the employee’s donated leave that was not used. The donating employee’s appointing authority or designee shall restore the unused leave hours to the donating employee within 14 days of notification from the receiving employee’s appointing authority or designee. Definitions. In this regulation, the following terms have the meanings indicated: “Bank” means the State Employees' Leave Bank. “Open enrollment period” means the State's health insurance open enrollment period. “Serious and prolonged medical condition” means a physical or mental impairment that substantially limits the ability of the individual to perform the essential functions of the individual's job, which cannot be accommodated through reasonable accommodation. Scope. This regulation applies to: Employees, except temporary employees, in principal departments and other independent units in the State Personnel Management System; and Employees in a principal unit in the executive, judicial, or legislative branches of State government with an independent personnel system that allows its employees to voluntarily participate in the Bank. Administration of the Bank. The Secretary shall administer the Bank. Leave donations to the Bank shall be made in accordance with the provisions of §D of this regulation. Leave withdrawals shall be made in accordance with the provisions of §§F—H, J, and K of this regulation. Leave Donations. An employee may donate 8 hours of personal leave to the State Employees' Leave Bank within the first 60 days of employment. All other donations shall be made during the open enrollment period. An employee may voluntarily donate the employee's unused annual, personal, or sick leave in increments of the employee's normal workday to the Bank. An employee may voluntarily donate any number of workdays of unused annual or personal leave to the Bank. An employee may voluntarily donate unused sick leave to the Bank, but only to the extent that the donating employee has a sick leave balance of at least 240 hours after the donation. An employee who wishes to donate leave to the Bank shall complete the MS 401 form, which shall be supplied to appointing authorities by the Secretary, indicating the type of leave and the number of hours of each type of leave that the employee is donating to the Bank. The employee shall submit a copy of the completed MS 401 form to the appointing authority for the donating employee's unit. Within 7 days of receiving the MS 401 form, the appointing authority shall review the employee's sick leave record and determine whether the condition specified in §D(5) of this regulation has been satisfied. If §D(5) has been satisfied, the appointing authority shall forward the MS 401 form to the Secretary and make appropriate adjustments to the employee's leave balances. If the condition specified in §D(5) of this regulation has not been satisfied, the appointing authority shall notify the donating employee who shall be given an opportunity to donate fewer hours of sick leave, if the condition specified in §D(5) of this regulation can be satisfied. Membership. An employee is a member of the Bank in accordance with State Personnel and Pensions Article, §9-603, Annotated Code of Maryland. Membership in the Bank is for 2 years, unless the leave in the Bank is exhausted, at which time all employees will be notified and given the option of rejoining by donating an additional day. In this event, employees who have already served the 90-day waiting period for eligibility will not be required to serve an additional waiting period. Eligibility for Withdrawals of Leave. The Secretary may transfer leave from the Bank to an employee who: Has exhausted all forms of annual, sick, personal, and compensatory leave because of a serious and prolonged medical condition; and Has been a member of the Bank for at least 90 days or has been exempted from the membership requirement by the Secretary for good cause. Restrictions. An employee may not receive more than a combined total of 2,080 hours of leave from the Bank and from other employees during the employee's State service. An employee may not use leave from the Bank for any continuous period that, when combined with all other forms of paid leave, exceeds 16 months. Applications. If an employee wants to request leave from the Bank, the employee or the employee's authorized representative shall submit to the Secretary an MS 408 form, and shall submit a copy to the employee's appointing authority. The MS 408 form shall be supplied to appointing authorities by the Secretary, and shall be submitted to the Secretary as far in advance as possible. An employee shall make every effort to submit the request before the first day of leave requested. In extenuating circumstances, the Secretary shall accept late requests. A request shall be accompanied by the medical documentation required by the MS 408 form and shall contain a certification by the employee's appointing authority that the employee's withdrawal of leave from the Bank does not violate any of the provisions of §§F and G of this regulation. Treatment of Medical Documentation. Medical documentation submitted with the request for leave from the Bank shall be treated as confidential medical information and shall be disclosed only to those individuals who need to know its contents as part of the review, evaluation, and approval process. An employee who fails to maintain the confidentiality of medical information is subject to disciplinary action, up to and including termination. Criteria for Reviewing Requests for Leave. Leave from the Bank shall be granted only to employees with serious and prolonged medical conditions who have provided satisfactory medical documentation. Leave from the Bank shall be granted only to an employee who provides the certification of illness required by State Personnel and Pensions Article, §9-504, Annotated Code of Maryland. Approval for an eligible employee is discretionary, and denial may be based on any reason which is consistently applied and that is not illegal or unconstitutional. In denying a request, the Secretary may consider the following factors: A record of sick leave abuse by the employee; Insufficient medical documentation of a serious and prolonged medical condition; Unsatisfactory employee performance ratings; The amount of leave previously received from the Bank; Whether the employee qualifies for use of earned paid sick leave under the requirements of the employee's personnel system; Whether the employee will return to work; and Whether the employee has, through intimidation, threat, or coercion, interfered with or attempted to interfere with the right of another employee to contribute or not contribute, receive, or use donated leave, promised to confer or conferred an appointment, promotion, compensation, or other benefit, or effected or threatened to effect a reprisal, including the deprivation of an appointment, promotion, compensation, or other benefit in connection with the right of another employee to contribute, receive, use, or donate leave. Determinations by the Secretary. Within 30 days of receiving the MS 408 form, the Secretary shall issue a written determination approving or denying the request. Whenever the Secretary finds it necessary to refer the request to the State Medical Director, this period may be extended an additional 30 days. An employee's appointing authority may submit a recommendation that the Secretary grant or deny a request. A recommendation that the request be denied shall be accompanied by a statement of the reasons for the recommended denial and supporting documentation. An employee whose request for leave is granted by the Secretary shall have the employee's leave balance adjusted within 14 days of the Secretary's determination. If an employee runs out of leave before the Secretary makes a determination, the employee is automatically granted leave until the Secretary makes a determination. If the application of an employee automatically granted leave is subsequently denied, any leave used is converted to leave without pay, and the employee shall reimburse the State at the minimum rate of 1/2 of the sick leave earned and, at the employee's discretion, by applying credited annual leave, personal leave, additional sick leave, compensatory leave, or cash payments. Reconsideration. An employee whose request for leave from the Bank is denied by the Secretary may appeal the denial within 14 days of the denial by submitting the MS 406 form to the Secretary and requesting reconsideration. The request for reconsideration shall state the reasons the employee believes the Secretary's denial should be reconsidered and may be accompanied by supporting documentation. Within 14 days of receipt of the request for reconsideration, the Secretary shall issue a written decision granting or denying leave from the Bank. If the Secretary decides to grant leave from the Bank, a copy of the determination shall be forwarded to the requesting employee's appointing authority. Coercion, Intimidation, and Threats Prohibited. Leave donations to the Bank by an employee are strictly and completely voluntary. An employee who, through intimidation, threat, or coercion, interferes with or attempts to interfere with the right of another employee to contribute or not contribute, receive, or use donated leave, promises to confer or confers an appointment, promotion, compensation, or other benefit, or effects or threatens to effect a reprisal, including the deprivation of an appointment, promotion, compensation, or other benefit in connection with the right of another employee to contribute, receive, use, or donate leave is subject to disciplinary action, up to and including termination. Record Keeping. Each principal department or other independent unit in the State Personnel Management System, and each principal department or other independent unit of State government with an independent personnel system that allows its employees to participate in the State Employees' Leave Bank program, shall: Maintain a record of the employee leave donated; and Submit to the Secretary, on or before October 15 of each year, a report providing the following information for the preceding fiscal year: Number of employees who donated leave, Kind of leave and number of hours donated by each employee, Number of employees who received donated leave from the Bank, and Number of hours of donated leave received and used by each employee from the Bank. Miscellaneous. An employee who has applied for disability retirement may receive leave from the Bank if the employee: Has a serious and prolonged medical condition; Satisfies the requirements of §F of this regulation; Provides satisfactory medical documentation; and Provides a certificate of illness in accordance with State Personnel and Pensions Article, §9-504, Annotated Code of Maryland. If an employee who receives leave from the Bank does not use all of the leave received, the remaining hours of leave automatically revert to the Bank. An employee in the State Personnel Management System may apply for, and the appointing authority may grant, a leave of absence without pay: For personal reasons for a period not to exceed 30 calendar days; Under the Family and Medical Leave Act (FMLA) for the amount of time permitted by the FMLA; or Up to a maximum of 6 months, for the employee's documented temporary personal illness or disability, when there is medical documentation that the employee can return to the employee's full range of duties within 6 months. If a request is approved as provided in §A of this regulation, the employee is not separated from the payroll. Except as provided in COMAR 17.04.04.05, if a leave of absence without pay is approved by an appointing authority for a period greater than the times indicated in §A of this regulation, it does not mean that the employee who is granted the leave shall, upon return, be restored to the position the employee vacated or any other position in State service. Leave of absence without pay for a period exceeding the time periods established in §A of this regulation shall require notification to the Secretary, and may be granted for a cause satisfactory to the appointing authority. In these situations, the employee shall be separated from the payroll. A leave of absence without pay may not exceed 2 years except for leave to enter the armed services. Leave to enter the armed services shall be for the period of time of the employee's initial tour of duty in the armed services. For the following conditions, the appointing authority shall automatically authorize leave of absence without pay, unless the employee wishes to resign: An employee who is a member of the armed forces and is called to active service in the armed forces; or An employee injured in the line of duty who, following a period of work-related accident leave, has exhausted all paid leave before the employee is able to return to active duty. Except for a leave of absence for military purposes, an employee granted leave of absence without pay for more than 30 calendar days, and who is ready to return to duty at or before the expiration of the leave, shall notify the appointing authority of the employee's readiness to return and may be restored to the employee's classification, if a vacancy exists in the department. If the employee is not restored to duty, the employee may request that the Secretary place the employee's name on the appropriate eligible list as a reinstatement candidate. An employee who does not notify the appointing authority in writing of the employee's desire to return to duty before expiration of a leave of absence without pay shall be considered resigned from State service. Family and Medical Leave. Family and medical leave may be used in accordance with the provisions of the Family and Medical Leave Act of 1993, the implementing federal regulations, and the regulations, policies, and guidelines promulgated by the Secretary. When an employee enters military training or service for a period of at least 16 days up to a maximum of 4 years, the employee may choose to bank the employee's annual leave earned up to the date of departure for military training or service or to be paid for that earned annual leave. However, after the completion of 4 years, the employee shall be paid for all accumulated annual leave earned up to the date of departure for military training or service whether or not the employee returns to State service. Scope. This regulation applies to all employees, including temporary employees, of all units in the Executive, Judicial, and Legislative branches of State government, including any unit with an independent personnel system. Amount of Leave. In any 12-month period, an employee may use up to: 7 days of organ donation leave to serve as a bone marrow donor; and 30 days of organ donation leave to serve as an organ donor. Application for Leave. An employee or the employee's authorized representative may request organ donation leave by submitting a form, provided by the Secretary, to the employee's appointing authority. A request shall be accompanied by the medical documentation required by the form. The employee's appointing authority shall render a decision on requests for organ donation leave within 5 working days of receiving the request. If an employee must make the donation before receiving approval, the leave shall be provided retroactively upon approval. Criteria for Reviewing Requests for Leave. An employee shall be denied the use of organ donation leave only if the employee fails to provide medical documentation establishing the employee as an organ or bone marrow donor. If there is a question about medical documentation, the documentation shall be immediately forwarded to the State Medical Director for review. Use of Leave. Organ donation leave may only be used for the actual donation procedure, the preparation for the donation procedure, and recovery from the donation procedure. Leave may be used in increments of 1 hour or more. Treatment of Medical Documentation. Medical documentation submitted with the request for organ donation leave shall be treated as confidential medical information and shall be disclosed only to those individuals who need to know its contents as part of the review, evaluation, and approval process. An employee who fails to maintain the confidentiality of medical information is subject to disciplinary action, up to and including termination. The purposes for monitoring employee sick leave usage are to: Prevent leave abuse; Prevent excessive use by ensuring that an employee is attempting to minimize use of leave consistent with medical need; Determine whether the employee's absence interferes with the employee's ability to perform the essential functions of the employee's position; and Implement the Family and Medical Leave Act's requirements. In the administration of an attendance control program, an appointing authority may not: Consider absences taken by the employee which qualify under the Family and Medical Leave Act of 1993 as the basis for any employment action; or Differentiate between absences for the employee's illness and for the illness of a member of the employee's family. Each appointing authority shall monitor absences taken by an employee for the illness/disability of the employee or members of the employee's immediate family for the purposes set forth in §A of this regulation. When warranted, the appointing authority shall take appropriate action against an employee whose abuse of sick leave or whose absence prevents the employee from performing the essential job functions of the position. Appropriate action may include counseling or discipline. Each principal unit in the State Personnel Management System shall file with the Office of Personnel Services and Benefits, Department of Budget and Management, a copy of the attendance improvement plan before it is adopted by the principal unit. The attendance awards program is governed by State Personnel and Pensions Article, Title 9, Subtitle 12, Annotated Code of Maryland. By February 1, each unit subject to the State Personnel Management System shall submit an annual report to the Secretary which includes the following information from the preceding calendar year: Total number of employees in the unit; Aggregate amounts of annual, personal, and sick leave taken by the employees of the unit; and Categories and amounts of other leave taken by employees of the unit. The annual report submitted by each unit shall be in a format required by the Secretary. The Department of Budget and Management shall maintain a central data base on the reports required in §A of this regulation. Scope. This regulation applies to all employees, excluding temporary employees, of the Executive Branch of State government, excluding any unit with an independent personnel system. Definitions. In this regulation, the following terms have the meanings indicated. Defined Terms. “Parental leave” means paid leave granted to a primary caregiver to care for and nurture a child within 6 months following the birth of a child or the adoption of a child younger than 6 years old. “Parental leave absence” means an approved absence of a primary caregiver for up to 60 days for the purpose of caring for and nurturing a child within 6 months following the birth of a child or adoption of a child younger than 6 years old. “Primary caregiver” means an employee primarily responsible for the care and nurturing of the employee’s child who is 6 months old or younger or who is primarily responsible for the care and nurturing of the employee’s adopted child younger than 6 years old. Use of Leave. An employee approved for a parental leave absence may use any combination of leave as permitted by State Personnel and Pensions Article, §9-1108, Annotated Code of Maryland, for the birth or adoption of a child. An employee is required to use annual and personal leave for a parental leave absence if it is available. If an employee exhausts annual and personal leave, the employer shall grant additional paid leave to attain the 60 days of parental leave permitted by law. An employee who takes a parental leave absence shall use the parental leave within 6 months following the birth of the employee’s child or the adoption by the employee of a child younger than 6 years old. Administration of the Parental Leave Absence. An employee may request a parental leave absence by submitting a form provided by the Secretary to the employee’s appointing authority or appointing authority designee. A request shall be accompanied by the medical documentation required by the form. The employee’s appointing authority or appointing authority designee shall render a decision on a request for a parental leave absence within 5 working days of receiving the request. Criteria for Reviewing Requests for Parental Leave Absence. An appointing authority may grant a request for a parental leave absence if the employee: Has submitted the proper form certifying that the employee is the primary caregiver for the child, along with the necessary medical documentation; Has not already exceeded the 60-day parental leave absence period; and The use of the leave occurs within 6 months following the birth of the employee’s child or adoption by the employee of a child younger than 6 years old. In general, requests for parental leave may not be denied; however, the timing of use of parental leave is subject to the approval of the employee’s appointing authority. State employees who jointly are responsible for the care and nurturing of a child each may be eligible to receive up to 60 days of parental leave, but they may not be determined to be the child’s primary caregiver during the same period of time. Administration of Parental Leave Absence. An employee who is approved for a parental leave absence is required to properly designate the period of absence using the leave codes provided for this purpose in the time-keeping system of record. Scope. This regulation applies to all employees, including temporary employees, in the Executive, Judicial, and Legislative Branches of State government, including any unit with an independent personnel system. Definitions. In this regulation, the following terms have the meanings indicated. Terms Defined. “Parental bereavement leave” means paid leave granted to an employee who experiences a stillbirth or death of an employee’s infant or child. “Parental bereavement leave of absence” means an approved absence of an employee within 60 days after and for the purpose of grieving a stillbirth experienced by the employee, the death of the employee’s infant, or the death of the employee’s child. “Child” means an adopted, biological, or foster child, a stepchild or a legal ward, who is at least 6 months old and under the age of 27 years. “Infant” means an adopted, biological, or foster child, a stepchild, or a legal ward, who is under the age of 6 months. “Stillbirth” means the death of a fetus after 20 weeks or more of pregnancy. Use of Leave. An eligible employee using parental bereavement leave is paid up to a maximum of 8 hours per workday, up to a maximum of 40 hours per workweek. An employee approved for parental bereavement leave may use up to 10 days (80 hours) of parental bereavement leave within 60 calendar days after the death of the employee’s child. An employee approved for parental bereavement leave may use up to 60 days (480 hours) of parental bereavement leave within 60 calendar days after: The employee experiences a stillbirth; or The death of the employee’s infant. An employee entitled to and eligible for parental bereavement leave may apply the leave consecutively or intermittently within the allowable timeframe and up to the stated maximum days/hours. An employee entitled to and eligible for parental bereavement leave will not be required to use any of the employee’s accrued leave for this purpose. Administration of the Parental Bereavement Leave of Absence. An employee may request a parental bereavement leave of absence by submitting a form provided by the Secretary to the employee’s appointing authority or appointing authority designee. A request shall be accompanied by all documentation required by the form. The employee’s appointing authority or appointing authority designee shall render a decision on a request for a parental bereavement leave of absence within 5 working days of receiving the request. Criteria for Reviewing Requests for Parental Bereavement Leave of Absence. An appointing authority may grant a request for a parental bereavement leave absence if the employee: Has submitted the proper form requesting the leave along with the required documentation; Has not already exceeded the maximum amount of parental bereavement leave allowed; and The use of the leave occurs within 60 calendar days after the death or stillbirth event. In general, requests for parental bereavement leave may not be denied; however, the timing of use of parental bereavement leave is subject to the approval of the employee’s appointing authority. Administration of Parental Bereavement Leave of Absence. An employee who is approved for a parental bereavement leave of absence is required to properly designate the period of absence using the leave codes provided for this purpose in the time-keeping system of record. Scope. This regulation applies to all employees, including temporary employees, of the Executive Branch of State government, including any unit with an independent personnel system. Definitions. In this regulation, the following terms have the meanings indicated. Defined Terms. “Active duty” has the meaning stated in State Government Article, §9-901, Annotated Code of Maryland. “Application year” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland. “Authorized representative” means a person designated by a party to represent the party during the Department’s dispute resolution process. “Complete application” means an application submitted by an employee with all required supporting documentation. “Department” means the Department of Budget and Management. “Deployment” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland. “Family member” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland. “Next of kin” has the meaning stated in 29 CFR §825.102. “Paid Family Medical Leave (PFML)” means leave from work taken under State Personnel and Pensions Article, §9-1004(a)(1), Annotated Code of Maryland, that is paid at the employee’s regular rate of pay. “Qualifying exigency” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland. “Qualifying purpose” means the purposes set forth in State Personnel and Pensions Article, §9-1004(a)(1), Annotated Code of Maryland. “Serious health condition” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland. “Service member” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland. “Treatment” has the meaning stated in State Personnel and Pensions Article, §9-1001, Annotated Code of Maryland. “Good cause” means a demonstration by an employee that a failure to timely file a PFML application, revision, reconsideration request, or appeal was due to: A serious health condition that resulted in an unanticipated and prolonged period of incapacity and that prevented the employee from filing in a timely manner; A demonstrated inability to reasonably access a means to file in a timely manner, such as due to a natural disaster or power outage; or A demonstrated failure of the appointing authority or Department to provide notice of dispute resolution procedures after the issuance of an adverse determination. Notice to Employees. The Department shall comply with the requirements as set forth in Labor and Employment Article, §8.3-801(a), Annotated Code of Maryland. Eligibility. An employee is eligible for PFML in accordance with State Personnel and Pensions Article, §9-1002, Annotated Code of Maryland. Job Protection and Retaliation. Agencies shall comply with the requirements as set forth in Labor and Employment Article, §§8.3-706 and 904, Annotated Code of Maryland. Amount of Leave. Except as otherwise provided in this section, an employee shall not receive more than 12 weeks of PFML in an application year. The employee may only receive payment for up to 480 hours at the employee’s regular rate of pay. 480 hours is the maximum amount of paid PFML regardless of whether the employee uses PFML for a continuous period of time, intermittently, or combination. If a State employee holiday is observed during the employee's continuous period of PFML, the State employee holiday will be counted toward the employee's total amount of PFML. An employee may receive an additional 12 weeks of PFML as provided in State Personnel and Pensions Article, §9-1005(a)(2), Annotated Code of Maryland. The employee may only receive payment for up to 480 hours at the employee’s regular rate of pay. 480 hours is the maximum amount of paid PFML regardless of whether the employee uses PFML for a continuous period of time, intermittently, or combination. If a State employee holiday is observed during the employee's continuous period of PFML, the State employee holiday will be counted toward the employee's total amount of PFML. Use of Leave. An employee may request PFML only for the purposes set forth in State Personnel and Pensions Article, §9-1004(a)(1), Annotated Code of Maryland. An employee may request PFML for only one qualifying purpose at a time. Leave taken under this subtitle shall run concurrently with eligible leave under the Federal Family and Medical Leave Act (FMLA). If PFML is to be taken on an intermittent schedule, the employee shall: Request intermittent leave in increments of 4 hours or more; Make a reasonable effort to schedule the intermittent leave in a manner that does not cause significant difficulty or expense in relation to the resources and specific operations of the agency’s operations; and Provide the agency with reasonable and practicable prior notice of the reason, dates, and duration for which intermittent leave is necessary. An employee who requires leave for a qualifying purpose while a request for PFML is pending may use accrued annual, compensatory, sick, or personnel leave, or request unpaid leave if the employee has no accrued leave. An employee who uses accrued leave for a qualifying purpose while a request for PFML is pending will receive reimbursement of the used leave retroactive to the approved start date of PFML if the employee’s request for PFML is approved. An employee who is on unpaid leave while a request for PFML is pending will receive PFML retroactive to the approved start date of the PFML. Overpayment. If the employee receives an overpayment of PFML, the employee shall reimburse the employee’s agency in the amount of the overpayment. If the employee fails to reimburse the employee’s agency for the amount of the overpayment, the agency shall take collection action set forth in COMAR 17.01.01. Application for Leave. An employee may request PFML by submitting an application, on a form prescribed by the Secretary, to the employee’s appointing authority or appointing authority designee. If the need for leave is not foreseeable, an application shall be submitted as soon as practicable, which may be up to 60 days before the anticipated start date of the leave, but not later than 60 days after the start date of the leave, unless good cause can be shown. If the need for leave is foreseeable, an appointing authority may require an employee to provide the appointing authority with written notice of the employee’s intention to take leave at least 30 days before the start date of leave. The employee’s appointing authority or appointing authority designee may submit an application on behalf of an employee if extenuating circumstances prevent the employee from submitting an application. A request for PFML shall be accompanied by the documentation required by the application and as specified in §H of this regulation. The employee’s appointing authority or appointing authority designee shall render a decision on a request for PFML within 5 working days after receiving a complete application. Incomplete Applications. An appointing authority or appointing authority designee shall not render a decision on an incomplete application. An incomplete application will be returned to the employee. The requirement to render a decision within 5 working days as specified in §(F)(3) of this regulation does not apply to an incomplete application. Updating an Application. An employee shall update an application within 10 days, or as soon as practicable with good cause shown, of any changes to the following information provided on an application: Reason for leave; Start date of leave; Duration of leave; End date of leave; or Whether the employee has begun to receive Workers’ Compensation. An employee’s failure to update a request for PFML with any changes to the information provided on an application may result in a denial of the employee’s application or result in the employee being responsible for any overpayment. Criteria for Reviewing Requests for Paid Family Medical Leave. An appointing authority may approve a request for PFML if the employee has submitted a complete application, with the required documentation; and Has not already exceeded the 12-week leave period; or Is qualified for an additional 12-week leave period set forth in State Personnel and Pensions Article, §9-1005(2), Annotated Code of Maryland. A denial of an employee’s application for PFML by the appointing authority or the appointing authority designee shall include the reason for the denial in writing and the notice of dispute resolution procedures. Documentation. An employee shall submit required documentation with the employee’s application for PFML to the employee’s appointing authority or appointing authority designee. An appointing authority or the Department may require employees to attest that information provided in their applications is true to the best of their knowledge. Documentation submitted with an application for PFML shall be treated as confidential. Documentation shall be disclosed only to those individuals who need to know its contents as part of the review, evaluation, approval, reconsideration, or appeal process. An employee who fails to maintain the confidentiality of documentation is subject to disciplinary action, up to and including termination. An employee requesting PFML to care for or bond with a child of the employee shall provide: The first date on which the employee took or intends to take PFML and whether the leave will, or is intended to be, taken for a continuous period of time or intermittently; and Documentation of the birth or placement of the child with one of the following: A certification of live birth; Documentation of placement from a licensed child placement agency or government agency responsible for child placement, and documentation of any court appearances, appointments, or travel in anticipation of placement, if applicable, including a court order or an affidavit of an informal kinship care arrangement; or Other reasonable documentation determined by the Department. An employee requesting PFML to care for a family member with a serious health condition, shall include a statement of the employee’s relationship to the family member and a complete certification form, provided by the Department, from a licensed health care provider, establishing: The first date on which the employee intends to take or took PFML and whether the leave will, or is intended to be, taken for a continuous period of time or intermittently; Date of diagnosis; The date on which the serious health condition of the family member commenced; The probable duration of the serious health condition; The appropriate facts related to the serious health condition within the knowledge of the licensed health care provider; A statement that the employee needs to care for a family member and an estimate of the amount of time required to provide the care; and If intermittent PFML leave is requested, the expected frequency and duration of the intermittent PFML. An employee requesting PFML for the employee’s own serious health condition, shall include a complete certification form, provided by the Department, from a licensed health care provider, establishing: The first date on which the employee intends to take or took PFML and whether the PFML will, or is intended to be, taken for a continuous period of time or intermittently; The date on which the serious health condition of the employee commenced; Treatment dates; Period of incapacity; The probable duration of the serious health condition; The appropriate facts related to the serious health condition within the knowledge of the licensed health care provider; A statement that the employee is unable to perform the functions of the employee’s position; and If intermittent PFML is requested, the expected frequency and duration of the intermittent PFML. An application for PFML for a service member with a serious health condition for whom the employee is next of kin, shall include a statement of the employee’s next of kin relationship to the service member and a complete certification form, provided by the Department, from a licensed health care provider, establishing: That the serious health condition was caused, or exacerbated by, military service; The first date on which the employee took or intends to take PFML and whether the leave will, or is intended to be, taken for a continuous period of time or intermittently; The date on which the serious health condition of the service member commenced or was exacerbated; The probable duration of the serious health condition; The appropriate facts related to the serious health condition within the knowledge of the licensed health care provider; and If intermittent PFML is requested, a statement that the employee needs to care for a service member and the expected frequency and duration of the intermittent PFML. An application for PFML for a qualifying exigency arising out of the deployment of a service member who is a family member of the employee shall include: A copy of the family member’s active duty orders or other documentation issued by the military that indicates that the service member is on active duty or called to active duty, and the dates of the service member’s active duty status; The first date on which the employee took or intends to take PFML and whether the leave will, or is intended to be, taken for a continuous period of time or intermittently; and A statement of the employee’s family member relationship to the service member. Reconsideration. An employee or authorized representative may request reconsideration of an appointing authority or appointing authority designee’s denial of PFML. A reconsideration request shall be in writing to the Department’s Office of Personnel Services and Benefits on a form prescribed by the Secretary. A reconsideration request shall state the reasons the employee believes the initial denial should be overruled and may include supporting documentation. A reconsideration request shall be filed within 30 days after the employee receives a denial from the appointing authority or appointing authority designee unless good cause can be shown. A decision on the reconsideration request shall be issued in writing by the Department within 10 working days and include the notice of dispute resolution procedures. An employee who requires leave for a qualifying purpose while a reconsideration request for PFML is pending may use accrued annual, compensatory, sick, or personnel leave, or request unpaid leave if the employee has no accrued leave. An employee who uses accrued leave for a qualifying purpose while a reconsideration request for PFML is pending will receive reimbursement of the used leave retroactive to the approved start date of PFML if the employee’s request for PFML is approved. An employee who is on unpaid leave while a reconsideration request for PFML is pending will receive PFML retroactive to the approved start date of PFML. Appeals. If the denial of PFML is upheld after reconsideration, an employee or authorized representative may appeal the denial of PFML to the Department’s Chief Human Resources Officer or designee. The appeals process is available only to employees who have completed the reconsideration process as described in §K of this regulation. An appeal shall be in writing to the Department’s Chief Human Resources Officer or designee on a form prescribed by the Secretary. An appeal shall state the reasons the employee believes the reconsideration decision should be overruled and may include supporting documentation. An appeal shall be filed within 30 days after the employee receives a reconsideration decision from the Department’s Office of Personnel Services and Benefits unless the employee can show good cause. When an appeal is filed with the Department’s Chief Human Resources Officer or designee, the Department will send a notice of filing to the employee’s appointing authority or the appointing authority designee. An appeal decision shall be issued in writing to the employee and the employee’s appointing authority or appointing authority designee within 30 working days after the Department's receipt of the appeal. The decision by the Department’s Chief Human Resources shall be the final administrative decision and is not subject to further appeal. An employee who requires leave for a qualifying purpose while an appeal for PFML is pending may use accrued annual, compensatory, sick, or personnel leave, or request unpaid leave if the employee has no accrued leave. An employee who uses accrued leave for a qualifying purpose while an appeal for PFML is pending will receive reimbursement of the used leave retroactive to the approved start date of PFML if the employee’s request for PFML is approved. An employee who is on unpaid leave while an appeal for PFML is pending will receive PFML retroactive to the approved start date of PFML. Record Keeping and Audit. Each agency shall: Maintain for a minimum of 5 years the following documentation: Applications for leave; Approval of PFML, including dates; and Denials of PFML. Submit to the Secretary or designee, on or before October 15 of each year, a report providing the following information for the preceding fiscal year: Number of employees who requested PFML; Number of employees approved for PFML; Number of employees denied for PFML; and Estimated cost to the agency in wages, overtime, and lost productivity. The Department shall maintain for a minimum of 5 years the following documentation: Requests for reconsideration; Outcomes of reconsideration requests; Appeals; and Outcomes of appeals. The program shall be audited at the discretion of the Secretary. State Personnel and Pensions Article, §§4-106, 9-101, 9-302, and 9-1108, Annotated Code of Maryland Effective date: March 23, 1998 (25:6 Md. R. 490) For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance. Regulation .02 amended effective August 24, 1998 (25:17​ Md. R. 1361) Regulation .03 amended effective October 23, 2017 (44:21 Md. R. 985) Regulation .04E amended effective November 24, 2014 (41:23 Md. R. 1376) Regulation .04H amended effective November 14, 2022 (49:23 Md. R. 997 Regulation .05I adopted as an emergency provision effective September 16, 2009 (36:21 Md. R. 1588); emergency status expired March 15, 2010 Regulation .05I adopted effective May 31, 2010 (37:11 Md. R. 766) Regulation .06 amended effective August 24, 1998 (25:17 Md. R. 1361); July 1, 2000 (27:12 Md. R. 1142); October 30, 2000 (27:21 Md. R. 1977) Regulation .08C amended effective August 24, 1998 (25:17 Md. R. 1361) Regulation .20 amended effective May 29, 2000 (27:10 Md. R. 968) Regulation .21 amended effective August 24, 1998 (25:17 Md. R. 1361); July 1, 2000 (27:12 Md. R. 1142) Regulation .22 amended effective July 1, 2000 (27:12 Md. R. 1142); December 25, 2000 (27:25 Md. R. 2284) Regulation .22D amended effective July 21, 2014 (41:14 Md. R. 799) Regulation .22J amended effective September 15, 2003 (30:18 Md. R. 1260); September 24, 2018 (45:19 Md. R. 866) Regulation .23 amended effective July 1, 2000 (27:12 Md. R. 1142) Regulation .25 adopted effective March 19, 2001 (28:5 Md. R. 552) Regulations .25—.27 recodified to Regulations .26—.28 effective March 19, 2001 (28:5 Md. R. 552) Regulation .29 adopted effective December 17, 2018 (45:25 Md. R. 1207) Regulation .30 adopted effective August 4, 2025 (52:15 Md. R. 812) Regulation .31 adopted effective March 16, 2026 (53:5 Md. R. 246) This chapter establishes procedures for persons in interest to request correction or amendment of personal records in the Department of Budget and Management under State Government Article, §10-625, Annotated Code of Maryland. A person in interest, as defined in State Government Article, §10-611(e), Annotated Code of Maryland, may request the Department to correct or amend any personal records in its custody, as defined in State Government Article, §10-624(a), Annotated Code of Maryland, pursuant to State Government Article, §10-625. The person in interest shall request the correction or amendment in writing. Each request shall: Identify the personal records the person is seeking to correct or amend; State the precise correction or amendment requested; State the reason the correction or amendment is sought; and Include a statement that the personal records are, in the person's belief, currently inaccurate or incomplete. A request for correction or amendment of the records shall be filed with the Department by addressing it to the custodian of the record. If the custodian is unknown to the person in interest, the request may be addressed to the Secretary. The request shall be filed within 30 days of the date the employee or former employee first knew or should have known of the allegedly inaccurate or incomplete information. A request for correction or amendment is considered filed with the Department only to the extent that it reasonably complies with Regulation .03 of this chapter. If a request does not reasonably comply with Regulation .03, it shall be returned to the person with an explanation of the reason for the return and a statement that, upon completion, it may be filed with the Department. Within 30 days after the completed request for correction or amendment that complies with Regulations .03 and .04 of this chapter is received, the custodian of the record shall take one of the following actions: Make the requested correction or amendment and inform the person in writing of the action; Inform the person in writing of the Department's refusal to make the requested correction or amendment and the reason for the refusal; or Inform the person in writing that the request will not be acted on for one of the following reasons: The person is not a person in interest, The records sought to be corrected or amended are not personal records, The person requesting the correction or amendment is not entitled to inspect the records under State Government Article, §§10-615—10-619, Annotated Code of Maryland, or Any other reason that is authorized by law. If the Department's final determination is to refuse the requested correction or amendment in accordance with Regulation .06 of this chapter, the person in interest may file with the Department a concise statement of disagreement with the Department's refusal. This statement of disagreement shall meet all of the following requirements: The statement shall include the reasons for both of the following: The requested correction or amendment, and Disagreement with the Department's refusal to make the correction or amendment; and The statement shall contain a maximum of five pages, with a maximum size of 8-1/2 x 11 inches, and only one side of each page shall be used. When the Department discloses to a third party information from personal records about which a statement of disagreement has been filed, the Department shall furnish a copy of the statement to the third party. A person may file with the Department a request for an administrative review if the person has been denied any of the following: An amendment or correction of a record; The right to file a statement of disagreement; or The right to have a statement forwarded to a third party under Regulation .08 of this chapter. A request for review shall be filed within 30 days of the date the person is advised of the Department's action. The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 17.04.07. State Government Article, §§10-624 and 10-625; State Personnel and Pensions Article, §4-106; Annotated Code of Maryland Effective date: March 23, 1998 (25:6 Md. R. 491) For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance. In this chapter, the following terms have the meanings indicated. Terms Defined. “Beneficiary” means an employee, judge, teacher, member of the optional retirement system, or correctional officer who receives a retirement allowance in accordance with State Personnel and Pensions Article, Annotated Code of Maryland, excluding faculty and staff of community colleges and teachers and staff employed by local boards of education. “Creditable service” means service credited toward a retirement allowance: In accordance with State Personnel and Pensions Article, Annotated Code of Maryland; or For service as a judge. “Dependent child” means an individual who meets the following requirements: Is one of the following: A biological child of the employee or retired employee; An adopted child of or a child placed for adoption by an employee or retired employee; A stepchild of the employee or retired employee; A grandchild of an employee or retired employee who permanently resides with the employee or retired employee, and meets the requirements of 26 U.S.C. §§105, 106, and 125, and federal regulations implementing those statutory provisions for tax preferred health benefit coverage; A child under a testamentary or court appointed guardianship, other than a temporary guardianship of less than 12 months duration, of the employee or retired employee who permanently resides with the employee or retired employee, and meets the requirements of 26 U.S.C. §§105, 106, and 125, and federal regulations implementing those statutory provisions for tax preferred health benefit coverage; or A child who is related to the employee or retired employee by blood or marriage, is solely supported by and permanently resides with the employee or retired employee, and meets the requirements of 26 U.S.C. §§105, 106, and 125, and federal regulations implementing those statutory provisions for tax preferred health benefit coverage; and Subject further to §B(6-1) of this regulation, is either: Under the age of 26, through the end of the month in which the child turned 26; or At the time of reaching the age of 26, incapable of self-support because of a mental or physical incapacity that started before the child reached age 26 and is chiefly dependent for support on the employee or the retired employee. “Designated beneficiary” means a surviving spouse or dependent child of an employee or retired employee receiving a retirement allowance. “Health Benefits Administrator” means the administrator of the State employees' health benefits program of the Department of Budget and Management. “Normal retirement age” means the age at which a vested retirement allowance shall begin. “Other dependent child relative” is a subset of “dependent child” and means a dependent child who is not a biological child, adopted child, or stepchild of an employee or retired employee, nor a child placed for adoption by an employee or retired employee, and is either: Under the age of 25, through the end of the month in which the child turned 25; or At the time of reaching the age of 25, incapable of self-support because of a mental or physical incapacity that started before the child reached age 25 and is chiefly dependent for support on the employee or the retired employee. “Political subdivision” means any of the following: A county; Baltimore City; or A municipal corporation as defined in Article 23A, §9, Annotated Code of Maryland. “Program” means the State Employee and Retiree Health and Welfare Benefits Program. “Secretary” means the Secretary of Budget and Management. “Spouse” means an individual who is lawfully joined in marriage to an employee or retired employee. “State service” means service with the State as an employee, judge, teacher, member of the optional retirement system, or correctional officer as defined in State Personnel and Pensions Article, Annotated Code of Maryland, excluding service as faculty and staff of community colleges and service as teachers and staff employed by local boards of education. Eligible Persons. The following persons are eligible for Program coverage, with the exception of those persons listed in §B of this regulation: Employees whose coverage is required by law, full-time employees, and part-time employees as defined by State Personnel and Pensions Article, §7-701, Annotated Code of Maryland, who are regularly paid salary or wages through an official State payroll center, including but not limited to: Central Payroll Bureau; Maryland Transit Administration; or The institutions of the University System of Maryland, including graduate assistants, and the Far East and European Divisions of the University of Maryland; Elected officials; Registers of wills and employees of the offices of registers of wills; Clerks of court and employees of the offices of clerks of court; Board or commission members who are regularly paid salary or wages and who work at least 50 percent of a normal workweek; Designated beneficiaries of deceased persons listed in §A(1)—(5), (7), and (8) of this regulation in accordance with State Personnel and Pensions Article, §§2-507, 2-508 and 2-509, Annotated Code of Maryland, with the following limitations: In the case of more than one dependent child receiving the allowances or distributions noted above, each dependent child who receives the allowance or distribution is eligible to enroll independently; and Notwithstanding any other provision in this regulation, a surviving spouse or surviving child must meet the requirements to be a dependent eligible for coverage as provided in §A(9) of this regulation; Retired employees who began State service on or before June 30, 2011, or who began State service on or after July 1, 2011 and are retirees of the Judges’ Retirement System, and who qualify in accordance with §§A(7)(a) and (b) of this regulation. Neither service as a faculty member, teacher, or staff member for a community college or a local board of education prior or subsequent to State service, nor membership in the Teachers’ Pension or Retirement Systems, shall in itself disqualify a former State employee who is otherwise eligible under §A(7)of this regulation. The only retired employees eligible for benefits under §A(7) of this regulation are those who: Receive a retirement allowance pursuant to State Personnel and Pensions Article, Division II, Annotated Code of Maryland, and who have: Retired directly from State service with a State retirement allowance on or after July 1, 1984, provided that the employee had at least 5 years of creditable service; Terminated State service with 16 years or more of creditable service; Terminated State service before July 1, 1984; or Terminated State service with 10 years of creditable service and within 5 years of normal retirement age; or Receive a periodic distribution of benefits from the Maryland Optional Retirement Program under State Personnel and Pensions Article, Title 30, Annotated Code of Maryland, and who have: Ended service with a State institution of higher education with at least 10 years of service and were at least age 57; Ended service with a State institution of higher education with at least 16 years of service; or Retired directly from and had at least 5 years of service with a State institution of higher education on or after July 1, 1984; Retired employees who began State service on or after July 1, 2011, and who qualify in accordance with §A(8)(a) and (b) of this regulation. Neither service as a faculty member, teacher, or staff member for a community college or a local board of education prior or subsequent to State service, nor membership in the Teachers’ Pension or Retirement Systems, shall in itself disqualify a former State employee who is otherwise eligible under §A(8) of this regulation. The only retired employees eligible for benefits under §A(8) of this regulation are those who: Receive a retirement allowance pursuant to State Personnel and Pensions Article, Division II, Annotated Code of Maryland, and who have: Retired directly from State service with a State retirement allowance provided that the employee had at least 10 years of creditable service; Terminated State service with 25 years or more of creditable service; or Terminated State service with 10 years of creditable service and within 5 years of normal retirement age; or Receive a periodic distribution of benefits from the Maryland Optional Retirement Program under State Personnel and Pensions Article, Title 30, Annotated Code of Maryland, and who have: Ended service with a State institution of higher education with at least 10 years of service and were at least age 57; Ended service with a State institution of higher education with at least 25 years of service; or Retired directly from and had at least 10 years of service with a State institution of higher education on or after July 1, 2011; Dependents of eligible persons listed in §A(1)—(5), (7), (8), (10), and (11) of this regulation who are one of the following: A spouse of an employee or retired employee; or A dependent child or another dependent child relative of an employee or retired employee, as identified in this chapter. Employees working less than 50 percent of a normal workweek and their designated beneficiaries, in accordance with Regulation .04B(3) of this chapter; and Contractual employees regularly working at least 30 hours per week, or an average of 130 hours per month, in accordance with 26 USC § 4980(H) and Regulation .04B(2) of this chapter. Ineligible Dependents. Dependents of persons who are ineligible are likewise ineligible for coverage. When both spouses are covered as an employee or retired employee, neither is eligible to be enrolled both as a dependent under the spouse's coverage and as an employee or retiree for the same benefits plan. Dependent children of these individuals may be enrolled under either parent's coverage, but not both for the same benefits plan. An employee or retiree may provide coverage for his or her spouse who is also an employee provided that the spouse is not enrolled for coverage under the same benefits plan as an employee or retiree. Dependent children of employees who are also employees are not eligible to be enrolled as dependents under their parent's coverage if they have enrolled as individuals. Subsidy. Except as provided in Regulation .04B of this chapter for contractual and part-time employees, the State subsidy as provided in the State budget for active employees is available to those individuals identified in §A(1)—(5) of this regulation and their dependents as described in §A(9) of this regulation. The State subsidy available for individuals described in §A(6) of this regulation shall be determined as provided in Regulation .05 of this chapter. The State subsidy available for individuals described in §A(7) and (8) of this regulation and their dependents as described in §A(9) of this regulation shall be determined as provided in Regulation .05 of this chapter, provided that the dependents of those retired employees described in §A(7)(b) and (8)(b) of this regulation are not entitled to any State subsidy unless the retired employee has a total of 25 or more years of service with the State in a permanent, non-contractual position in the Executive, Judicial, or Legislative branch of State government. Prorated credit for service is provided for less than full-time service in such positions. Contractual employees regularly working more than 30 hours per week, or more than an average of 130 hours per month, shall be provided a State subsidy of 75 percent of the premium cost for medical and prescription drug coverage. A measurement period may be necessary to establish the contractual employee’s eligibility for the State subsidy. Employees working less than 50 percent of the workweek and contractual employees working less than 30 hours per week or 130 hours per month, as determined by either the employment contract or the Affordable Care Act measurement period analysis, shall not be provided a State subsidy. The employees of the following entities are eligible to participate in the Program upon the application of the entity, provided that, at the discretion of the Secretary, such participation does not impede, undermine, or conflict with the Program’s federal compliance obligations or governmental and cafeteria plan status: A county or municipal corporation with the approval of the governing body of the county or municipal corporation; and Agencies, commissions, or organizations permitted to participate in the State's health insurance program by law. Each entity identified in §A of this regulation shall permit the spouses and dependent children of its employees to be eligible for coverage but may elect whether and to what extent to provide a subsidy for the participation in the Program of its employees and their dependents. Eligibility. Generally, each employee is eligible for coverage on the first scheduled working day. Each retired employee is eligible for coverage on the first day of retirement or the first day of election in accordance with §B(1)(a) of this regulation. Dependents of covered employees or retired employees are eligible on the date the employee or retired employee becomes eligible. Later acquired dependents become eligible on the date they become dependents of a covered employee or retired employee. Eligibility for the State subsidy may come at a date separate from and subsequent to eligibility for coverage in general. Coverage. Eligible Employees Listed in Regulation .03A(1)—(8) of this Chapter. An eligible employee or retired employee shall apply for coverage for himself and eligible dependents within 60 days of the employment or retirement date by submitting to the appointing authority an application and payroll deduction authorization form for the coverage desired or shall wait for the annual open enrollment period unless otherwise indicated in §C of this regulation. The Salary Reduction Agreement may be combined with the electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system. Coverage shall be effective in accordance with Eligibility Provisions. Coverage is purchased pretax on a prospective basis only in accordance with the State cafeteria plan adopted by the Department of Budget and Management in accordance with federal tax law. Employees will receive invoices for all outstanding coverage fees which are not satisfied through a payroll deduction; these amounts will not be on a pretax basis. Coverage for later acquired or newly eligible dependents of a covered employee or retired employee is obtained by submitting, in the case of an active employee, an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system or, in the case of a retired employee, an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system or an application to the Department of Budget and Management within 60 days of the change in status. Coverage shall be effective in accordance with Eligibility Provisions. Coverage is purchased pretax on a prospective basis only in accordance with the State cafeteria plan adopted by the Department of Budget and Management in accordance with federal tax law. Employees will receive invoices for all outstanding coverage fees which are not satisfied through a payroll deduction; these amounts will not be on a pretax basis. A newborn child may be covered from birth when maternity benefits are provided. However, the employee shall make application within 60 days from the date of the child’s birth to convert to an appropriate membership to provide coverage for the newborn child. Coverage for the newborn shall be effective on the date of birth provided the employee submits an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system within 60 days of the date of birth. Coverage is purchased pre-tax on a prospective basis only in accordance with the State cafeteria plan adopted by the Department of Budget and Management in accordance with federal tax law. Contractual Employees Working More than 30 Hours per Week or 130 Hours per Month. An eligible contractual employee working more than 30 hours per week, or an average of 130 hours per month, as determined after any necessary measurement period, shall apply for coverage for himself and eligible dependents within 60 days of eligibility by submitting an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system for the coverage desired, or shall wait for the annual open enrollment period unless otherwise indicated in §C of this regulation. The eligible contractual employee working more than 30 hours per week, or an average of 130 hours per month, shall be provided a State subsidy equal to 75 percent of the premium for elected medical and prescription drug coverage. The employee shall pay 25 percent of the total cost of the premium in accordance with the direct billing procedures of the Department of Budget and Management. For all other coverage elected, the employee shall pay the total cost of the premium in accordance with the direct billing procedures of the Department of Budget and Management and may not receive a State subsidy. Coverage shall be effective in accordance with Eligibility Provisions. Coverage for later acquired or newly eligible dependents of a covered contractual employee is obtained by submitting an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system within 60 days of the change in status. Coverage for that dependent shall be effective in accordance with Eligibility Provisions A newborn child may be covered from birth when maternity benefits are provided. However, the employee shall make application within 60 days from the date of the child’s birth to convert to an appropriate membership to provide coverage for the newborn child. Coverage for the newborn shall be effective as of the child’s date of birth provided the employee submits an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system within 60 days of the date of birth. Permanent Employees Working Less than 50 Percent of the Workweek and Contractual Employees Working Less than 30 Hours per Week. An eligible permanent employee working less than 50 percent of the workweek or contractual employee working less than 30 hours per week or 130 hours per month may apply for coverage for the employee and eligible dependents within 60 days of employment by submitting an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system for the coverage desired, or shall wait for the annual open enrollment period. Such employees shall pay the total cost of the premium in accordance with the direct billing procedures of the Department of Budget and Management and may not receive a State subsidy. Coverage shall be effective in accordance with Eligibility Provisions. An eligible permanent employee working less than 50 percent of the workweek or contractual employee working less than 30 hours per week or 130 hours per month may obtain coverage for later acquired or newly eligible dependents by submitting an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system for the coverage desired within 60 days of the qualifying event, or shall wait for the annual open enrollment period. Coverage for that dependent shall be in accordance with Eligibility Provisions. A newborn child may be covered from birth when maternity benefits are provided. However, the employee shall make application within 60 days from the date of the child’s birth to convert to an appropriate membership to provide coverage for the newborn child. Coverage for the newborn shall be effective as of the date of birth provided the employee submits an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system. Permissible Changes in Coverage. Except as provided in §C(2) of this regulation, changes in coverage outside of Open Enrollment may be made only if and when those changes are permissible in a cafeteria plan governed by 26 U.S.C. §125 and 26 CFR §§1.125-1—1.125-7. Changes in coverage for eligible dependents who are covered on a post-tax basis are permissible if and when such changes are consistent with the requirements of §C(1) of this regulation. In determining whether the requested change is consistent, the eligible dependent shall be treated as if the coverage is provided on a pre-tax basis. A retired employee who began State service on or before June 30, 2011, and the designated beneficiaries of a retired employee who began State service on or before June 30, 2011, and a retired employee of the Judges’ Retirement System who began State service on or after July 1, 2011, and the designated beneficiaries of a retired employee of the Judges’ Retirement System who began State service on or after July 1, 2011, are eligible to receive the subsidy provided by the State for the cost of the health insurance benefits program on the following basis: If an employee retired directly from State service before July 1, 1984, the retired employee and the designated beneficiaries of the retired employee shall receive the same subsidy that is provided to a State employee; If an employee retired from State service on or after July 1, 1984 and had at least 5 years of creditable service, the retired employee and the designated beneficiaries of the retired employee shall receive 5/16 of the subsidy provided to a State employee; If an employee retired from State service on or after July 1, 1984 and had more than 5 but less than 16 years of creditable service, the retired employee and the designated beneficiaries of the retired employee shall receive 1/16 of the subsidy for each year of creditable service that is more than 5 but less than 16 years; If an employee retired from State service on or after July 1, 1984 and had 16 years or more of creditable service, the retired employee and the designated beneficiaries of the retired employee shall receive the same subsidy that is provided to a State employee; If a retired employee is in receipt of a State disability retirement allowance, the retired employee and the designated beneficiaries of the retired employee shall receive the same subsidy that is provided to a State employee; Except as provided in §A(7) of this regulation, a person in receipt of a special death benefit under State Personnel and Pensions Article, §29-204, Annotated Code of Maryland, shall receive the same subsidy that is provided to a State employee; and If a retired State employee retires with a periodic benefit under the Optional Retirement System of State Personnel and Pensions Article, Title 30, Annotated Code of Maryland, the retiree and the dependents of the retiree shall receive the subsidy provided pursuant to State Personnel and Pensions Article, §2-509(a), Annotated Code of Maryland. A retired employee who began State service on or after July 1, 2011 and the designated beneficiaries of a retired employee who began State service on or after July 1, 2011 are eligible to receive the subsidy provided by the State for the cost of the health insurance benefits program on the following basis: If an employee retired from State service and had at least 10 years of creditable service, the retired employee and the designated beneficiaries of the retired employee shall receive 10/25 of the subsidy provided to a State employee; If an employee retired from State service and had more than 10 but less than 25 years of creditable service, the retired employee and the designated beneficiaries of the retired employee shall receive 1/25 of the subsidy for each year of creditable service that is more than 10 but less than 25 years; If an employee retired from State service and had 25 or more years of creditable service, the retired employee and the designated beneficiaries of the retired employee shall receive the same subsidy that is provided to a State employee; If a retired employee is in receipt of a State disability retirement allowance, the retired employee and the designated beneficiaries of the retired employee shall receive the same subsidy that is provided to a State employee; Except as provided in §B(6) of this regulation, a person in receipt of a special death benefit under State Personnel and Pensions Article, §29-204, Annotated Code of Maryland, shall receive the same subsidy that is provided to a State employee; and If a retired State employee retires with a periodic benefit under the Optional Retirement System of State Personnel and Pensions Article, Title 30, Annotated Code of Maryland, the retiree and the dependents of the retiree shall receive the subsidy provided pursuant to State Personnel and Pensions Article, §2-509(b), Annotated Code of Maryland. The health insurance benefit for eligible retirees and their designated beneficiaries includes a prescription drug benefit that: Has the same copayments, coinsurance, and deductible that apply to the prescription drug benefit for active State employees; Requires: Retirees and their designated beneficiaries who qualify for the maximum State subsidy to pay 25 percent of the premium for the prescription drug benefit; and Retirees and their designated beneficiaries who qualify for a partial State subsidy to pay 25 percent of the premium for the prescription drug benefit plus the proportional additional amount required under State Personnel and Pensions Article, §2-508(b)(4)(ii) and (c)(4)(ii), Annotated Code of Maryland; and Requires retirees and designated beneficiaries to pay out-of-pocket limits up to: $1,500 per plan year for the retiree only coverage; and $2,000 per plan year for the retiree plus dependent(s) coverage. Beginning on July 1, 2020, Medicare-eligible retirees will cease to be eligible for the prescription drug benefit option provided under the State Employee and Retiree Health and Welfare Benefits Program. A retired employee and the designated beneficiaries of the retired employee shall pay the remainder of the cost of the health insurance benefits premium that is not provided for under §§A—D of this regulation. Under certain circumstances, participants in the State employees' health insurance benefits program may arrange for direct billing and payment of health insurance premiums in accordance with Department of Budget and Management procedures. Definitions. In this regulation, the following terms have the meanings indicated: “Medically necessary” means those services and supplies provided by a hospital, practitioner, or other provider of health care services to identify or treat an illness or injury which has been diagnosed or is reasonably suspected, and which are: Consistent with the diagnosis and treatment of the member's condition; In accordance with standards of good medical practice; Required for reasons other than the convenience of the member, practitioner, or other provider; and The most appropriate supply or level of service which can safely be provided for the member. “Reasonable cost” means the lowest of the following costs: The fee usually charged by a health care provider to all patients for a particular service or supply; The fee customarily charged by health care providers for the same service or supply in the same general area; or The actual fee charged by a health care provider to a patient for a particular service or supply. The Medicare Supplemental Program shall provide benefits as follows: Benefits or payments under the Medicare Supplemental Program shall be provided in accordance with the reasonable cost of a medically necessary service or supply. Benefits or payments under the Medicare Supplemental Program may not duplicate any benefits payable by Medicare. With respect to members eligible for Medicare, whether those members are enrolled under Part A (Hospital Insurance) or Part B (Medical Insurance) of Title XVIII of the Social Security Amendments of 1965 (Title I of Public Law 89—97), the benefits provided under the Medicare Supplemental Program shall be reduced by the amount of benefit or payment that would have been furnished the member under Title XVIII, if that member had been enrolled. Benefits furnished under Title XVIII, or that would have been furnished under Title XVIII, shall be charged against the maximum benefits provided for under the Medicare Supplemental Program. Eligible Persons. Retired employees and their spouses and dependents who are eligible for Medicare benefits and who are eligible for retired employee health benefits in accordance with Regulation .03A(10) of this chapter are eligible for benefits provided under the Medicare Supplemental Program. Effective Dates. Eligibility. At the start of the calendar month in which age 65 is reached or Medicare eligibility is otherwise established, a retired employee and eligible spouse and dependents are eligible for benefits under the Medicare Supplemental Program. Coverage. At the start of the calendar month in which age 65 is reached or Medicare eligibility is otherwise established, the retired employee's membership shall be automatically converted to an appropriate membership level under the Medicare Supplemental Program. Election of Coverage of Employees 65 Years Old or Older, and Employees' Spouses 65 Years Old or Older. Eligibility. Not later than the calendar month in which age 65 is reached, the following persons shall designate their election of coverage of the State employees' health insurance program or Medicare as their primary health insurance carrier: Eligible employees 65 years old or older, who are eligible for health benefits in accordance with Regulation .03 of this chapter; Eligible spouses 65 years old or older, of employees who are any age, and who are eligible for health benefits in accordance with Regulation .03 of this chapter. Coverage. An employee 65 years old or older, or an employee's spouse 65 years old or older, shall designate coverage under the State employees' health insurance program or Medicare. Those employees and spouses who elect coverage under the State employees' health insurance program shall receive coverage under the applicable membership as would be applicable to all other State employees and their dependents without Medicare. In accordance with applicable federal law, those employees and spouses who elect coverage under Medicare are ineligible for benefits under the Medicare Supplemental Program or other health insurance coverage available to all other State employees. Upon retirement from State service by the employee 65 years old or older, the retired employee and spouse are eligible for benefits under the Medicare Supplemental Program as applicable to all other State retired employees. In this regulation, the following terms have the meanings indicated: Claim. “Claim” means a demand for payment or benefit under a plan, policy or contract by a covered individual under the Program, an insured, a third party, a provider, or a representative of any of them. “Claim” includes a demand made to the State, the Department, a contractor, or any representative or agent of the State, the Department, or a contractor in connection with the Program. Contractor. “Contractor” means a person, business, or organization under contract with the State or the Department to provide goods or services under the Program. “Contractor” includes a third-party administrator, insurer, carrier, or other agent, including a subcontractor of a third-party administrator, insurer, or carrier, that administers or processes claims or approves benefits and services in the Program. “Coverage” includes all coverage or benefits plans or options in which an individual is enrolled through the Program. “Department” means the Department of Budget and Management. “Director” means the individual appointed to manage the Employee Benefits Division or unit of the Department with primary responsibility for administering the Program. "False representation" means the knowing and willful: Concealing, falsifying, or omitting of a material fact; Making of a materially false or fraudulent statement; or Use of a document that contains a statement of material fact that the user knows to be false or fraudulent. Fraud. “Fraud” means the intentional perversion of the truth taken with the intent to gain something of value or to induce another to part with something of value. “Fraud” includes but is not limited to: The willful making of a false statement or a false representation; or The impersonation of another. Health Care Service. “Health care service” means health or medical care procedures, goods, or services that: Provide testing, diagnosis, or treatment of human disease or dysfunction; or Dispense drugs, medical devices, medical appliances, or medical goods for the treatment of human disease or dysfunction. “Health care service” includes any procedure, goods, or service that is a required, available, or covered benefit in any health, medical, prescription, or dental plan option provided through the Program. Provider. “Provider” means an individual, company, facility, organization, or other entity that supplies services or benefits that are covered under the Program. “Provider” includes, but is not limited to, a doctor, pharmacist, hospital, or other medical professional rendering services within their expertise. “Representation” means a statement and includes an acknowledgment, certification, claim, ratification, or report. Scope of Termination of Coverage. The Secretary may terminate coverage in the Program of an individual otherwise eligible for coverage under Regulation .03 or .03-1 of this chapter using the procedures outlined in this regulation. Such termination may be: Permanent or for a period of time; and Of all Program coverage or of coverage in one or more benefits plans or benefits options. Causes for Termination of Benefits. Program coverage may be terminated if a covered individual: Knowingly makes, uses, or causes to be made or used a false record, representation, or statement to get or attempt to get a claim paid or approved under the Program; Conspires to defraud the State or the Department by getting or attempting to get a false or fraudulent claim approved or paid under the Program; Knowingly gets or attempts to get a false or fraudulent claim paid or approved under the Program for an amount higher than the amount billed by the provider, paid to the provider, charged by the provider, or owed to the provider; Knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or other property under the Program; Knowingly makes a false or fraudulent claim for health care services under the Program; Knowingly obtains, attempts to obtain, or aids another individual in obtaining or attempting to obtain a drug product, medication, medical care, or other health care service, if the payment of all or part of the payment is or may be made under the Program: By fraud, deceit, false representation, or concealment; By counterfeiting or alteration of a prescription; By concealment of a material fact; By using a false name or a false address; or For purposes other than the legitimate treatment of the covered individual's medical condition; Knowingly enrolls, attempts to enroll, or aids another individual in enrolling or attempting to enroll in coverage under the Program if eligibility for coverage is not authorized under law, including but not limited to false representation concerning eligibility for Program coverage; Knowingly presents or causes to be presented to an officer, employee, or agent of the State or the Department, contractor, provider, or other person receiving State or Departmental funds a false or fraudulent claim for payment or benefit approval under the Program; or Commits or attempts to commit fraud in connection with the Program. Process for Termination of Coverage. The Director shall investigate allegations, instances, or occurrences that may justify termination in the Program. To the extent it is not prohibited by applicable law, an investigation may include: Seeking or receiving information from: A provider; A law enforcement agency, official, officer, or employee; A contractor in the Program; or The covered individual or the person who has elected coverage for the covered individual; Review or use of past claims history or medical information relevant to the covered individual; or Other steps that the Director determines are necessary to conclude whether there is cause for termination of coverage. Prior to concluding that there is cause for termination of coverage, the Director shall notify the covered individual of the investigation and provide the individual with the opportunity, lasting at least 14 days, to submit information relevant to the investigation. Upon concluding that there is cause for termination of coverage, the Director shall make a recommendation to the Secretary for a decision. Notice of Termination of Coverage. Prior to a termination of coverage described in §B of this regulation, the covered individual shall be provided with written notice of the termination and the cause for termination. The notice may include a demand for repayment of any monies paid by the State through the Program. The notice shall: Be issued at least 15 business days prior to the date termination will take effect; In the case of a dependent, be provided as well to the individual, identified in Regulation .03A or .03-1 of this chapter, who elected coverage of the dependent; Identify the cause for termination of coverage; Identify the date on which coverage will terminate; Identify the scope of the termination; Inform the covered individual whether continuation coverage is available; and Be sent certified and regular mail to the last address on record with the Department for the covered individual. Appeal of Termination of Coverage. An employee covered by State Personnel and Pensions Article, Title 12, Annotated Code of Maryland, may file a grievance under that title related to any action taken pursuant to this regulation. Otherwise, an individual may request a hearing, to be held in accordance with COMAR 17.02.03, to challenge a termination of coverage taken pursuant to this regulation. The request shall be made in writing to the Secretary within 20 days of the date the individual received the notice of coverage termination. Such hearings, and the record, shall be closed to the extent that failure to close the hearing and protect the record will disclose protected health information, as such term is defined in 45 CFR §160.103. Departmental Action. In the event of the termination of Program coverage of an active employee, the Secretary shall notify the benefits coordinator of the employing agency of the termination of coverage; however, the notice may not include any description or explanation of the basis of the termination unless that disclosure is authorized pursuant to relevant confidentiality or protection of privacy laws, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all pertinent regulations (for example, 45 CFR Parts 160 and 164) promulgated pursuant to HIPAA. The Secretary or a designee shall refer the results of any investigation that an employee has made a false representation concerning eligibility for Program coverage of any individual or committed any activity identified in §C(7) of this regulation to the appointing authority, employing agency or employing satellite organization. The notice of termination may only be made if the false representation is or is contained in enrollment information available to the appointing authority, employing agency, or employing satellite organization in a personnel file or other employment materials. Such situations include when an employee presents to the appointing authority, employing agency, or employing satellite organization for submission to the Department a false, counterfeit, or altered birth certificate, marriage certificate, or affidavit that supports the enrollment of a dependent. The Department may seek repayment or restitution from the individual whose coverage has been terminated for cause as identified in §C of this regulation for the value of the payments made or benefits provided under the Program under such circumstances. In the case of the termination of coverage of an individual, identified in Regulation .03A(1)—(6), (8), (10), and (11) or .03-1 of this chapter, who is eligible to elect coverage for a dependent, the Program coverage of all covered dependents will also be terminated. The Department shall take steps to discontinue any payroll deduction or automatic contribution from a retirement allowance for coverage that has been terminated. Definitions. In this regulation, the following terms have the meanings indicated. Terms Defined. “Conscientious objection” means a statement that the individual holds sincere beliefs or practices of a religious, moral, or cultural nature that prohibit the individual from participating in one or more of the healthy activities requirements or in the Wellness Program as a whole. “Department” means the Department of Budget and Management. “Director” means the individual appointed to manage the Employee Benefits Division or unit of the Department with primary responsibility of managing the Program. “Health care provider” has the same meaning as “health professional” in State Personnel and Pensions Article, §9-504(b), Annotated Code of Maryland. “Healthy activities requirements” means those activities that must be completed in order for an individual to obtain the full rewards available under the Wellness Program. “Reasonable alternative” means an activity that may be substituted for a healthy activities requirement and that may provide an individual with an alternate method of qualifying for the opportunity to earn the full rewards available under the Wellness Program. “Reward” means: Obtaining an incentive, such as a waiver of all or part of a cost-sharing mechanism, which may include deductibles, copayments, or coinsurance; and Avoidance of a penalty, such as the absence of a surcharge or other financial or nonfinancial disincentive. “Waiver” means a determination by the Director’s designee to exempt an individual from participating in the Wellness Program. “Wellness Program” means the program within the State Employee and Retiree Health and Welfare Benefits Program and described in this regulation and in the Guide to Your Health Benefits provided by the Department for the current plan year. General Provisions and Scope of the Wellness Program. There is a Wellness Program that is administered by the Department. The Wellness Program has been designed to comply with all applicable State and federal laws, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Patient Protection and Affordable Care Act (ACA), and the Genetic Information Non-Discrimination Act (GINA) of 2008. The Wellness Program applies to employees, non-Medicare-eligible retirees and non-Medicare-eligible enrolled spouses, subject to the following: If the retiree is Medicare-eligible, but the spouse is not, the spouse is exempt from the wellness requirements; and The Wellness Program does not apply to retirees and retirees’ spouses for whom Medicare is primary. During years 2015 and 2016, the Wellness Program does not apply to enrolled children regardless of age. The Wellness Program may be expanded in future years to include children, as may be described in the Guide to Your Health Benefits provided by the Department for the applicable year. Each individual to whom the Wellness Program applies shall have the opportunity to qualify for the rewards at least once per year. Waivers. The Wellness Program includes the opportunity to request a waiver from participating in the Wellness Program as a whole or from participating in one or more of the healthy activities requirements on the basis of conscientious objection. An individual who obtains a waiver from participating in the Wellness Program may not qualify for incentive-based rewards or be subject to a surcharge or other financial or nonfinancial disincentive. Request for a Waiver. A request for a waiver shall be submitted in writing to the Employee Benefits Division and shall be signed by the individual who is seeking the waiver. A request for a waiver shall include a statement that articulates the sincerely held belief or practice of a religious, moral, or cultural nature that prohibits the requestor from participating in the healthy activities requirements, and an explanation of how the beliefs or practices prohibit such participation. Committee to Review Requests for Waivers. The Director may designate two or more employees as members of a Waiver Committee, consistent with the specifications of this regulation, to review and evaluate requests. At least one employee member shall be from the Employee Benefits Division of the Department’s Office of Personnel Services and Benefits. For each request, the Waiver Committee shall make a recommendation to the Director’s designee to grant or deny the request, or to request additional information from the requestor. The Director’s designee has discretion to accept or reject the recommendation and may request additional information from the Waiver Committee or from the requestor. Determination by the Director’s Designee. The Director’s designee shall issue a written determination approving or denying the request for a waiver as soon as practicable. Approval or denial of the request for a waiver is discretionary, subject only to abuse of that discretion, and may be based on any legally permissible reason. A determination approving a request for a waiver shall state the healthy activities to which it applies. A determination denying a request for a waiver shall include instructions for requesting reconsideration. Reasonable Alternatives. The Wellness Program shall allow a reasonable alternative to or exemption from the healthy activities requirements for: Any individual for whom, for that period, it is unreasonably difficult due to a medical condition to satisfy the healthy activities requirements; and Any individual for whom, for that period, it is medically inadvisable to attempt to satisfy the healthy activities requirements. Request for a Reasonable Alternative. A request for a reasonable alternative shall be submitted in writing to the Employee Benefits Division and shall be signed by the individual who is seeking the reasonable alternative, the individual’s Power of Attorney, or another individual otherwise authorized to act on behalf of the individual. A request for a waiver shall include a statement that articulates the basis for the request. A request for a reasonable alternative to the healthy activities requirements may include documentation that supports the stated basis for the request. Where an individual provides credible support that it is unreasonably difficult due to a medical condition to satisfy the healthy activities requirements or that it is medically inadvisable to attempt to satisfy the healthy activities requirements, a reasonable alternative shall be permitted, or the individual shall be exempted from the healthy activities requirement. A reasonable alternative determined by the individual’s health care provider shall be permitted upon the individual’s request. The Director’s designee may request verification, in the form of a signed and dated statement from the individual’s health care provider, that a health factor makes it unreasonably difficult for the individual to satisfy, or medically inadvisable for the individual to attempt to satisfy, the healthy activities requirements in an activity-only wellness program. If the individual’s health care provider states that a healthy activities requirement is not medically appropriate for that individual, the Director’s designee shall permit a reasonable alternative that accommodates the recommendations of the individual’s health care provider with regard to medical appropriateness, which may include an exemption from the healthy activities requirements. A health care provider’s recommendation for a reasonable alternative or statement in support of a request for a reasonable alternative, which may include exemption, shall be on official letterhead, signed and dated, in order to be considered. Determination by the Director’s Designee. The Director’s designee shall issue a written determination approving or denying the request for a reasonable alternative as soon as practicable. Approval of a request for a reasonable alternative is discretionary, subject only to abuse of that discretion, and denial may be based on any legally permissible reason. A determination authorizing a reasonable alternative shall describe the reasonable alternative and, if appropriate, state the healthy activities to which it applies. A determination denying a request for a reasonable alternative shall include instructions for requesting reconsideration. Reconsideration. An individual may request reconsideration of the determination denying a request for waiver or reasonable alternative. A request for reconsideration must be submitted to the Director within 10 days of receipt of the determination. A request for reconsideration shall state the reasons the individual believes the determination should be reconsidered and may be accompanied by supporting documentation. The Director or designee shall issue a response to the request for reconsideration in writing within 30 calendar days of receipt of the request. The designee may not be the same employee who issued the underlying written determination. Confidentiality of Medical Documentation. All medical documentation submitted with a request for waiver or reasonable alternative shall be treated as confidential and shall be disclosed only as permitted by applicable law and only to those individuals who need to know its contents as part of the review, evaluation, determination, and reconsideration process, in accordance with the ACA, HIPAA, and GINA. State Personnel and Pensions Article, Title 2, Subtitle 5, Title 4, Subtitle 1, and Title 8, Subtitle 1, Annotated Code of Maryland Effective date: December 30, 1985 (12:26 Md. R. 2542) Chapter revised effective February 9, 1987 (14:3 Md. R. 271) For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance. Regulation .01 repealed and new Regulation .01 adopted as an emergency provision effective July 1, 2008 (35:15 Md. R. 1346); adopted permanently effective August 25, 2008 (35:17 Md. R. 1489) Regulation .01B amended effective July 1, 2009 (36:10 Md. R. 717); September 20, 2010 (37:19 Md. R. 1284); October 3, 2011 (38:20 Md. R. 1204); February 26, 2018 (45:4 Md. R. 207) Regulation .02 repealed effective February 23, 2009 (36:4 Md. R. 355) Regulation .03A amended as an emergency provision effective January 1, 2005 (32:2 Md. R. 144); amended permanently effective June 6, 2005 (32:11 Md. R. 983) Regulation .03 repealed and new Regulation .03 adopted as an emergency provision effective July 1, 2008 (35:15 Md. R. 1346); adopted permanently effective August 25, 2008 (35:17 Md. R. 1489) Regulation .03 amended as an emergency provision effective June 30, 2013 (40:15 Md. R. 1227); amended permanently effective October 14, 2013 (40:20 Md. R. 1653) Regulation .03 amended effective February 16, 2015 (42:3 Md. R. 317) Regulation .03A amended effective September 20, 2010 (37:19 Md. R. 1284); October 3, 2011 (38:20 Md. R. 1204) Regulation .03A, C amended effective February 26, 2018 (45:4 Md. R. 207) Regulation .03A, D amended effective July 1, 2009 (36:10 Md. R. 717); February 18, 2013 (40:3 Md. R. 219) Regulation .03-1 adopted effective July 1, 2009 (36:10 Md. R. 717) Regulation .03-1 amended effective February 16, 2015 (42:3 Md. R. 317) Regulation .03-1B amended as an emergency provision effective June 30, 2013 (40:15 Md. R. 1227); amended permanently effective October 14, 2013 (40:20 Md. R. 1653) Regulation .04 repealed and new Regulation .04 adopted as an emergency provision effective July 1, 2008 (35:15 Md. R. 1346); adopted permanently effective August 25, 2008 (35:17 Md. R. 1489) Regulation .04A, B amended effective February 16, 2015 (42:3 Md. R. 317) Regulation .04B amended effective November 14, 2022 (49:23 Md. R 997) Regulation .04B, C amended effective July 1, 2009 (36:10 Md. R. 717) Regulation .05 amended effective February 18, 2013 (40:3 Md. R. 219) Regulation .05A amended effective January 6, 2005 (31:26 Md. R. 1865) Regulation .06 amended effective July 1, 2009 (36:10 Md. R. 717) Regulation .06 repealed effective February 16, 2015 (42:3 Md. R. 317) Regulation .09 adopted effective January 25, 2010 (37:2 Md. R. 69) Regulation .10 adopted effective August 3, 2015 (42:15 Md. R. 1016) These regulations are promulgated pursuant to State Government Article, §10-613, Annotated Code of Maryland, to establish procedures for control and inspection of records under the custody and control of the Department of Budget and Management. It is the policy of the Department to facilitate public access to the records of the Department when this access is allowed by law, by minimizing costs and time delays to persons requesting information. It is also the policy of the Department to safeguard the privacy of State employees by restricting access to records when access is denied or restricted by law. In this chapter, the following terms have the meanings indicated: Terms Defined. “Act” means the Public Information Act, State Government Article, §§10-601—10-630, Annotated Code of Maryland. “Applicant” means any person requesting disclosure of public records. “Department” means the Department of Budget and Management. “Departmental custodian” means each division director of the Department who is responsible for the maintenance, care, and keeping of public records. Personnel Record. “Personnel record” means any record, regardless of physical form, indexed by name or the employee's identification number. “Personnel record” includes, but is not limited to, the following forms and documents pertaining to any current or past employee: MS-100, Application Form; MS-205, Notice of Test Result; MS-104, Interview and Hire Application Form; All performance ratings; All scholastic achievement data but not including Form MS-551, Application for Out-Service Training Authorization; All written documents in any closed hearing conducted by the Department, including exhibits offered or introduced, pleadings, and recordings of the hearings; and A grievance decision or decision involving a disciplinary action issued by the Department if the decision is the result of a closed hearing. “Public records” means any paper, correspondence, form, book, photograph, photostat, film, microfilm, sound recording, map, drawing, or other written document, regardless of physical form or characteristics, and including all copies, that have been made by the Department or received by the Department in connection with the transaction of public business, except as set forth in Regulations .10—.16 of this chapter. “Secretary” means the Secretary of Budget and Management or the Secretary's designated representative. “Working day” means every day except Saturdays, Sundays, and State holidays. “Written documents” means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, or other documentary materials, regardless of physical form or characteristics. Any person may request to inspect any public record in the custody and control of the Department. The Departmental custodian may require that the request be in writing. An applicant may request in writing a copy of a record. In a written request, the applicant shall show his or her name and address, shall sign the request, and shall reasonably identify by brief description the record sought. The applicant shall address a written request for a record in the custody and control of the Department to the Departmental custodian of the record, or if the custodian of the record is unknown to the applicant, the request may be addressed to the Secretary. The custodian shall respond to the applicant within 10 working days and shall advise the applicant of the pertinent procedure as set forth in Regulations .05—.21 of this chapter. The custodian shall provide copies, printouts, or photographs only upon payment of the applicable fee by the applicant. The fees to be charged for any copies, printouts, or photographs shall be established by the Secretary and posted in the offices of the Departmental custodian. Upon request of the applicant, fees may be waived by the Secretary for good cause, if the Secretary determines waiver to be in the public interest. Before obtaining the reproduction of a record, the custodian shall estimate the cost of reproduction and obtain agreement of the applicant that the cost shall be paid. The custodian may require prepayment of any estimated fee before reproducing the record. If a requested public record is not in the custody or control of the person to whom written application is made, this person shall notify the applicant of this fact, and, if known, the custodian of the record and the location of the record. If the public record requested is in the custody and control of the person to whom written application is made, but is not immediately available for inspection or copying, the Departmental custodian shall notify the applicant of this fact and shall set a date and hour within a reasonable time at which date and time the Departmental custodian shall make the record available to the applicant for inspection or copying pursuant to this chapter. If the requested record has been destroyed or lost, the Departmental custodian to whom the application is made shall notify the applicant of this fact and shall explain the reasons or circumstances which led to the custodian's inability to produce the record. All records, except as set forth in Regulations .10—.16 of this chapter, shall be open to inspection between 9 a.m. and 4 p.m. on regular business days. The place of inspection shall be the place where the document is located unless the Departmental custodian determines that another place of inspection is more suitable and convenient after taking into account any expressed wish of the applicant. The Departmental custodian may determine the time and date for the inspection of any records. Any current or former State employee may inspect and request copies of the personnel record maintained by the Department for that employee. Any elected or appointed official or employee who supervises an employee may inspect and request copies of the personnel record maintained by the Department for any employee actually supervised by that official. Records maintained by the State Medical Director with respect to any employee, including but not limited to Forms MS-401 and MS-405, shall be available only to that employee or an authorized representative. Any person who has taken a written promotional examination may inspect but not copy or reproduce that examination and the results of it within 60 days following the conduct and scoring of the examination. Test questions, scoring keys, test research and evaluation data, rating forms, work sheets, and answer sheets, not available under §A of this regulation, except for blank copies of any forms which do not reveal questions or answers, may not be inspected or copied. A person may not inspect or copy any information which constitutes a trade secret or confidential commercial or financial data in the custody and control of the Department. A person may not inspect or copy any information which is privileged by law. A person may not inspect or copy letters of reference in the custody and control of the Department. If, in the opinion of the Departmental custodian, disclosure of any public record which is otherwise required to be disclosed would do substantial injury to the public interest, he may temporarily deny this request in writing. In these cases, the Departmental custodian, after obtaining approval from the Secretary or his designee, shall apply to the appropriate circuit court for an order permitting him to continue to deny or restrict this disclosure. Notice of the application filed with the circuit court shall be served upon the applicant by the Departmental custodian in the same manner provided for service of process by the Maryland Rules of Procedure. Any person entitled by law to inspect or have copies of any records set forth in Regulations .10—.16 of this chapter shall, before inspection: Specify, in writing, the basis for the request; Agree, in writing, not to release any information derived from the inspection to any third party without the express prior agreement, in writing, of the custodian; Agree to the entry of an appropriate protective order in a court of competent jurisdiction ensuring that information may not be disclosed generally. The Departmental custodian shall provide a certified copy of a record only when a certified copy has been requested and the applicable fee paid. The custodian shall provide a certified statement of the current salary of any State employee upon application and payment of the applicable fee. Unless prohibited by law, the Departmental custodian, in his discretion, may notify any person who could be adversely affected by disclosure of a record to the applicant that a request for inspection or copying of the record has been made. The Departmental custodian may consider the views of these persons before deciding whether to disclose the record to the applicant. Any person whose application is denied under Regulations .10—.16 of this chapter may: File a grievance, if otherwise permitted to do so, in accordance with COMAR 17.04.06; File a petition for declaratory ruling in accordance with COMAR 17.02.02; or Seek judicial review in accordance with the Act. All records which are not subject to public inspection pursuant to this chapter shall be maintained by the custodian in a manner which assures that the right to privacy of the person who is the subject of the record is maintained. Only information which is relevant and necessary to accomplish the purpose of the Department may be maintained in any records of the Department. Records of all official actions affecting the status of any employee in the classified or unclassified service shall be maintained. The Secretary will maintain an official bulletin board open to the public in his offices, upon which shall be posted all notices required by law or regulation and such other notices as appropriate. The Secretary shall maintain a record of each classification which he establishes including the following: Class title; Duties performed and the responsibilities exercised by the incumbents of positions allocated to the class; Minimum qualifications to be required of future applicants seeking appointments to positions in the class; and Minimum and maximum rates in the schedule of compensation for the class. These specifications shall be endorsed with the date of adoption and the signature or initials of the Secretary or any of his regular employees authorized by official action to make the endorsements. All amendments to the specifications and compensation schedule adopted by law or under regulation shall be included in the record for the classification. State Personnel and Pensions Article, §4-106; State Government Article, §§10-613—10-623; Annotated Code of Maryland Effective date: October 17, 1980 (7:21 Md. R. 1993) Regulation .02E amended effective April 16, 1990 (17:7 Md. R. 847) Regulation .02G amended effective April 16, 1990 (17:7 Md. R. 847) Regulation .10 amended effective April 16, 1990 (17:7 Md. R. 847) Regulation .22 amended effective April 16, 1990 (17:7 Md. R. 847) For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance. The purpose of the Maryland Rx Program is to achieve savings for purchasing pool members on the cost of prescription drugs and pharmacy benefit management and administration services through the operation of a purchasing pool. In this chapter, the following terms have the meanings indicated. Terms Defined. “Department” means the Department of Budget and Management. “Director” means the Director of Employee Benefits for the Department of Budget and Management. “Local governments” means the counties of Maryland, Baltimore City, municipalities, and quasi-governmental entities, such as cooperative inter-governmental councils and special taxing districts. “Maryland Rx Program” means the purchasing pool for pharmacy benefits that is established and operated by the Department of Budget and Management pursuant to State Personnel and Pensions Article, §2-502.1, Annotated Code of Maryland. “Member” may include benefits coverage for the participant and for the participant’s dependents, according to the eligibility requirements and plan design of the purchasing pool member. “Participant” means an employee or retired employee of a purchasing pool member who is eligible to elect coverage in a purchasing pool member’s prescription benefits plan. “Program” means the State Employee and Retiree Health and Welfare Benefits Program administered by the Department. “Purchasing pool member” means the entity that participates in the Maryland Rx Program to purchase services in connection with its group prescription benefits plan. “Qualifying not-for-profit organization” means an organization described in State Personnel and Pensions Article, §2-512, Annotated Code of Maryland. “Secretary” means the Secretary of the Department of Budget and Management, or a designee of the Secretary. Subject to §C of this regulation, entities eligible to participate in the Maryland Rx Program as purchasing pool members are: Local governments; and Qualifying not-for-profit organizations. To join the Maryland Rx Program as a purchasing pool member, an entity that meets the requirements of §A of this regulation may submit a statement of interest and a written commitment, executed by an official authorized to bind the entity, to meet the requirements of this chapter to the Department or to the contractor, agent, or representative identified by the Department for management and administration of the Maryland Rx Program. The determination whether an entity is eligible to be a purchasing pool member shall be made by the Pharmacy Benefits Manager (PBM). The PBM shall provide verifying documentation as requested by the Director for auditing purposes. An entity who has been determined by the PBM to be ineligible to be a purchasing pool member may appeal the decision to the Director. The appeal shall be submitted in writing to the Director within 30 calendar days of the date of the written denial from the PBM. The Director’s decision is final. Each purchasing pool member shall: Permit the Department to have access to enrollment information (limited to participant names, Social Security numbers, enrollment tier, and plan design) for purposes of Maryland Rx Program administration, such as general reporting, auditing, and verifying eligibility of the entity as a purchasing pool member; Pay all the costs and fees, including but not limited to claims costs, administrative fees, and dispensing fees, associated with its own prescription benefits plan administered as part of the Maryland Rx Program; Provide enrollment and eligibility data to the contractor as necessary to administer the pharmacy or prescription benefits plan administered as part of the Maryland Rx Program; Negotiate the administrative services to be provided in administering the purchasing pool member's prescription drug plan and the administrative fees paid by the purchasing pool member for those services, the negotiations to be with the Department's contractor, agent, or representative identified by the Department for management and administration of the Maryland Rx Program; Commit to participating in the Maryland Rx Program for a full 12 month plan year period at a time; and Acknowledge that the purchasing pool member remains the sponsor of the entity's own prescription benefits plan for its employees and is responsible for the administration, legality, and operation of that plan. Plan Design. A purchasing pool member may choose a copayment structure for the plan design of the pharmacy or prescription benefits plan that it shall sponsor and administer as part of the Maryland Rx Program and is not limited by the copayment structure set by the State for the State’s prescription benefits plan operated as part of the Program. Except as otherwise provided in this chapter, each purchasing pool member may determine the design of, and who is eligible for, coverage in its own prescription benefits plan. A purchasing pool member shall set the fully insured equivalent premiums (including employee and employer portion as applicable) for its own self-funded plan and is not limited by premiums and employer contributions set by the State for the State's plan operated as part of the Program. A purchasing pool member may set the start and end date of its 12 month plan year. Implementation services and schedules may be negotiated between the purchasing pool member and the contractor described in Regulation .06 of this chapter. A purchasing pool member shall benefit from participation in the Maryland Rx Program as follows: Setting the fully insured equivalent premiums (including employee and employer portion as applicable) for its own self-funded plan, without reference to the employer and employee contributions set by the State for the State's prescription benefits plan; and Receiving, in exchange for the negotiated administrative fee, the following services in connection with its own pharmacy or prescription benefits plan: Account management services; Claims payment, processing and tracking services; Reporting; Enrollment tracking; and Invoicing. The drug ingredient cost and pricing terms, maximum dispensing fees, and minimum rebate guarantees that are associated with the total enrollment in the Maryland Rx Program shall be used to calculate the costs payable by and rebates issued to each purchasing pool member in connection with its prescription benefits plan. The Department shall make available pharmacy or prescription benefit plan management and administration services to purchasing pool members through the Maryland Rx Program by means of a procurement contract with a contractor providing pharmacy or prescription benefit plan management and administration services. The Department may not enter into a contract with a purchasing pool member to provide the benefits and services of the Maryland Rx Program. Services provided to purchasing pool members shall be by means of a contract between the purchasing pool member and the contractor providing pharmacy or prescription benefit plan management and administration services. The Department's contract with the contractor providing pharmacy or prescription benefit plan management and administration services shall, unless the Department in its discretion makes Maryland Rx Program benefits available to purchasing pool members in another fashion, permit purchasing pool members to purchase pharmacy or prescription benefit plan management and administration services on terms consistent with the requirements of this chapter related to the Maryland Rx Program. The Department is immune from any liability arising from any dispute between a purchasing pool member and any contractor providing pharmacy or prescription benefit plan management and administration services in connection with the Maryland Rx Program. State Personnel and Pensions Article, §§2-502.1 and 2-503, Annotated Code of Maryland Effective date: February 23, 2009 (36:4 Md. R. 355) Regulation .02B amended effective October 26, 2015 (42:21 Md. R. 1303) Regulation .03C, D amended effective October 26, 2015 (42:21 Md. R. 1303) Regulation .04A, B amended effective October 26, 2015 (42:21 Md. R. 1303)