Chapter 04. Separations, Reemployment, and Reinstatement

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:

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.

An employee may separate from employment by resigning.

Withdrawals.

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:

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.