reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 5 - Employee Performance Appraisals › Section 7-501 - Performance Evaluations Required; Duty of Appointing Authority; Training of Supervisors; Evaluation of Managers and Supervisors

(a)    The performance of each employee in the skilled service, professional service, and management service, including special appointments in each classification of each  of those services, shall be evaluated in accordance with this subtitle.
(b)    The appointing authority shall ensure that each of the unit’s employees who is subject to this subtitle has performance evaluations in accordance with this subtitle and procedures established by the Secretary.
(c)    Each supervisor of an employee subject to this subtitle shall attend mandatory training by the Department on the methods and procedures required in the performance appraisal process.
(d)    Factors in evaluating a manager’s or supervisor’s performance shall include:
(1)    attendance at any required performance appraisal training;
(2)    adherence to established methods and procedures in conducting performance appraisals;
(3)    the timely completion of performance appraisals for employees assigned to the manager or supervisor; and
(4)    subject to subsection (e) of this section, if required by the manager’s or supervisor’s supervisor, the results of an anonymous survey of employees assigned to the manager or supervisor in accordance with procedures established by the Secretary.
(e)    An anonymous survey of the employees of a manager or supervisor may be performed only if more than five employees are assigned to the manager or supervisor.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 5 - Employee Performance Appraisals › Section 7-502 - Intervals Between Appraisals; Performance Ratings

(a)    An employee subject to this subtitle shall receive the following written performance appraisals at 6–month intervals based on the employee’s entry–on–duty date:
(1)    an informal mid–year performance appraisal; and
(2)    an end–of–year performance appraisal with an overall performance rating in accordance with § 7–503 of this subtitle.
(b)    An employee’s performance may be rated on a performance appraisal as follows:
(1)    outstanding;
(2)    satisfactory; or
(3)    unsatisfactory.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 5 - Employee Performance Appraisals › Section 7-503 - Appraisal Procedure

(a)    (1)    A supervisor shall prepare a preliminary performance appraisal for each employee for which the supervisor has primary direct responsibility.
(2)    An appointing authority may review a preliminary appraisal before the supervisor presents it to the employee.
(b)    (1)    An employee and the employee’s supervisor shall review and discuss the supervisor’s preliminary performance appraisal.
(2)    The employee shall be notified, as provided in regulations adopted by the Secretary, prior to the date of the review and the discussion.
(3)    The purpose of the review and discussion is to:
(i)    promote agreement and understanding about the supervisor’s preliminary performance appraisal and to aid the supervisor in determining the final ratings for the performance appraisal; and
(ii)    1.    develop appropriate modifications to the employee’s position description, if needed;
2.    establish specific written tasks and indicators, based on measurable and objective standards that can be evaluated on outcome, that the employee needs to accomplish during the next rating period in order to meet the overall objectives of the position; and
3.    identify any area in which training is needed for the next rating period, based on the employee’s strengths and weaknesses.
(c)    (1)    An appointing authority shall approve a performance appraisal before it is final.
(2)    The final performance appraisal shall include:
(i)    the employee’s final performance ratings;
(ii)    the specific tasks the employee is to achieve during the next rating period;
(iii)    a list of modifications to the employee’s position description, if any; and
(iv)    any recommendations for training to enhance the employee’s skills.
(3)    The supervisor shall:
(i)    give the employee a copy of the final performance appraisal;
(ii)    retain a copy; and
(iii)    place a copy in the employee’s personnel records.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 6 - Employees of State-Acquired Entities and Miscellaneous Provisions › Section 7-601 - Retention of Officers or Employees

(a)    If this State acquires a public or private entity to operate it for a public purpose, this State may retain, as a State employee, any individual who is an officer or employee of that entity at the time of the acquisition.
(b)    (1)    An employee who is retained under this section:
(i)    shall be employed in a position that corresponds or is similar to the position held at the time of the acquisition; and
(ii)    keeps seniority.
(2)    Beginning as of the date of the acquisition, each retained employee shall be on probation for the period required by Subtitle 4 of this title.
(c)    Within 1 year after an acquisition, the Department shall classify each position in the acquired entity.
(d)    After positions in the acquired entity are classified, each retained employee:
(1)    may continue without an examination to hold the position in which the employee is then employed; and
(2)    has all the rights of the class to which that position is allocated.
(e)    If a new position is created in an acquired entity or an established position in an acquired entity becomes vacant, the position shall be filled in accordance with this title.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 6 - Employees of State-Acquired Entities and Miscellaneous Provisions › Section 7-602 - Reassignment of Employees; Transfers; Voluntary Demotions

(a)    (1)    An appointing authority may reassign any employee within the appointing authority's jurisdiction to another position of equal grade and service for which the employee meets the minimum qualifications within the appointing authority's jurisdiction.
(2)    Except as otherwise required by law, no employee may be reassigned from one principal unit to another without the employee's consent, unless the Secretary certifies that the reassignment is in the best interests of the State.
(b)    (1)    (i)    An employee may apply for a transfer to any vacant position of the same grade in any unit of the Executive Branch for which the employee meets the minimum qualifications.
(ii)    An employee who applies for a transfer to a position will be considered for the position along with other eligible applicants.
(2)    (i)    Unless exigent circumstances exist, the appointing authority shall give an employee notice of a proposed reassignment at least 2 weeks before the effective date of the reassignment.
(ii)    An employee may agree to waive the required notice period.
(c)    (1)    An employee may apply for a voluntary demotion to any vacant position of a lower grade in any unit in the Executive Branch for which the employee meets the minimum qualifications.
(2)    An employee who applies for a voluntary demotion to a position will be considered for the position along with other eligible applicants.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 7 - Employment in the State Personnel Management System › Subtitle 7 - Part-Time Employment › Section 7-701 - Part-Time Employment

(a)    In this title, “part-time employee” means an employee who works an average of 50% or more but less than 100% of the regular workweek.
(b)    An individual who is a full-time employee who is qualified for or desires to be a full-time employee may not be required to accept part-time employment as a condition of continued or new State employment.
(c)    An individual who is a part-time employee who is qualified for or desires to be a part-time employee may not be required to accept full-time employment as a condition of continued or new State employment.
(d)    (1)    In accordance with regulations adopted by the Secretary, a part-time employee is entitled to receive all employment rights, privileges, and benefits that are normally available to a full-time employee in a similar position with a similar grade and length of service.
(2)    Benefits shall be prorated in proportion to the number of hours employed.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 1 - Pay Plans › Section 8-101 - Establishment and Purpose of Pay Plans

(a)    There is a Standard Pay Plan and an Executive Pay Plan for this State, as established by the Secretary with the approval of the Governor and as amended or adjusted in accordance with this subtitle.
(b)    The purpose of the pay plans is to provide employees in positions that involve comparable effort, knowledge, responsibilities, skills, and working conditions with comparable pay according to the relative value of services to be performed.
(c)    A pay plan is effective for a fiscal year only to the extent that sufficient money is available in the State budget for that purpose.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 1 - Pay Plans › Section 8-102 - Scope of Pay Plans

(a)    (1)    Except as provided in paragraph (2) of this subsection, the pay plans established under this subtitle shall include:
(i)    all positions in the State Personnel Management System; and
(ii)    all other positions for which the Secretary has authority to administer pay.
(2)    The pay plans established under this subtitle do not apply to:
(i)    any position for which the pay is provided for by the Maryland Constitution;
(ii)    any position for which the pay is based, by law, on judicial pay; and
(iii)    except as provided in subsection (b) of this section, a position for which the pay is set by a unit with independent pay-setting authority.
(b)    (1)    The Executive Pay Plan shall include each permanent position in the Executive Branch of State government, including each permanent position in the Governor's office, that is not included in the Standard Pay Plan and has a pay rate equal to or exceeding the lowest pay rate in the Executive Pay Plan.
(2)    In addition, and notwithstanding any other law, the Governor may include in the Executive Pay Plan any executive management position in a unit in the Executive Branch with independent pay-setting authority, except a position in the University System of Maryland, Morgan State University, or St. Mary's College.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 1 - Pay Plans › Section 8-103 - Regulations and Reports

(a)    Subject to the approval of the Governor, the Secretary shall adopt regulations to carry out this subtitle.
(b)    (1)    Subject to § 2–1257 of the State Government Article, the Secretary shall submit to the Department of Legislative Services, on or before July 15, October 15, January 15, and April 15 of each fiscal year:
(i)    a list of the position, pay grade and step, title, name, and pay rate of each employee who was included in the Executive Pay Plan as of the last day of the preceding fiscal quarter; and
(ii)    the details of any lump–sum increases given to employees in the Executive Pay Plan during the preceding fiscal quarter.
(2)    (i)    The quarterly reports required under paragraph (1) of this subsection shall include each flat–rate employee position in the Executive Pay Plan.
(ii)    Each flat–rate employee position included in the quarterly reports under subparagraph (i) of this paragraph shall be assigned a unique identifier that:
1.    describes the program to which the position is assigned for budgetary purposes; and
2.    corresponds to the position identification number used in the budget data provided annually by the Secretary to the Department of Legislative Services.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 1 - Pay Plans › Section 8-104 - Pay Rates Generally

(a)    (1)    Pay rates in the Standard Pay Plan may be set by:
(i)    a series of pay grades and steps within each grade;
(ii)    fixed rates; or
(iii)    minimum and maximum amounts.
(2)    Pay rates in the Executive Pay Plan may be set by:
(i)    a series of executive pay grades and steps within each grade;
(ii)    fixed rates; or
(iii)    minimum and maximum amounts.
(b)    In setting or amending a pay rate, the Secretary shall consider:
(1)    the prevailing pay rates for comparable services in private and public employment;
(2)    experience;
(3)    living costs;
(4)    benefits; and
(5)    the financial condition and policies of this State.
(c)    A pay rate in either pay plan is subject to any limitations included in the State budget.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 1 - Pay Plans › Section 8-105 - Amendments to Standard Pay Plan

(a)    This section applies only to the Standard Pay Plan.
(b)    With the approval of the Governor, the Secretary may amend the Standard Pay Plan to increase pay rates for specific classes to:
(1)    recruit or retain competent personnel; or
(2)    ensure that pay rates adequately compensate for the effort, knowledge, responsibility, skills, and working conditions of employees in the class.
(c)    If an amendment affects a position in the Executive Branch that is listed in the budget bill in accordance with § 7-109 of the State Finance and Procurement Article, the amendment is contingent on the approval of the Board of Public Works.
(d)    An amendment to the Standard Pay Plan may not take effect unless sufficient money is available in the budget to cover the resulting pay rates.
(e)    (1)    Subject to § 2-1257 of the State Government Article, the Secretary shall report all amendments to the Standard Pay Plan to the General Assembly on or before the 15th day of the next regular legislative session.
(2)    If the General Assembly rejects an amendment, the appropriate reduction in pay rates takes effect as of the next fiscal year.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 1 - Pay Plans › Section 8-106 - Pay Increases in Standard Pay Plan

(a)    This section applies only to the Standard Pay Plan.
(b)    The regulations adopted under this subtitle shall provide for automatic increases, from minimum to maximum steps in a pay grade, of the pay rates set by the Standard Pay Plan for an employee whose overall performance is rated satisfactory or above on the employee’s annual performance appraisal.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 1 - Pay Plans › Section 8-107 - Denial of Pay Increases in Standard Pay Plan

(a)    This section applies only to employees whose positions are in the Standard Pay Plan.
(b)    An employee in the Standard Pay Plan shall be denied a pay increase in any year if:
(1)    an appointing authority has imposed the denial as a disciplinary action under Title 11, Subtitle 1 of this article; or
(2)    the appointing authority denies the increase because of:
(i)    an extension of an employee's period of probation under § 7-403 of this article;
(ii)    lack of productivity; or
(iii)    excessive, unexcused absenteeism.
(c)    An employee may not be denied a pay increase for reasons of performance that adversely affects the value of the employee to this State unless substantial reasons of performance were cited on the employee’s midyear or final performance appraisal forms.
(d)    An employee who is denied a pay increase under this section may appeal the denial under the appeal procedures for disciplinary actions in Title 11 of this article.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 1 - Pay Plans › Section 8-108 - Pay Increases in Executive Pay Plan

(a)    This section applies only to the Executive Pay Plan.
(b)    (1)    An increase in a pay rate under this subsection shall be based on the employee’s performance.
(2)    For or during a fiscal year, the head of a unit may recommend an increase in an employee’s pay rate above the rate for the previous fiscal year in the same grade in accordance with guidelines promulgated by the Secretary, provided that funds are available.
(c)    (1)    A pay increase under this subsection may be made to recruit or retain competent employees or to recognize increased duties and responsibilities.
(2)    Subject to the approval of the Governor, the Secretary may approve:
(i)    a change in pay grade;
(ii)    a change from one class in a series to a different class in the same series;
(iii)    a new class or position; or
(iv)    another form of pay increase.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 1 - Pay Plans › Section 8-109 - Decreases in Pay Rates

(a)    Subject to the approval of the Governor, the Secretary at any time may decrease the pay rate for any class included in:
(1)    the Standard Pay Plan; or
(2)    except for a position for which pay is set by a unit with independent pay-setting authority, the Executive Pay Plan.
(b)    A decrease of a pay rate under this section applies to all employees in the affected class.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 2 - Special Pay Provisions › Section 8-201 - Shift Differential Pay

(a)    This section applies to all employees in the State Personnel Management System.
(b)    (1)    An employee subject to this section is entitled to extra pay, known as shift differential pay, if the employee:
(i)    is employed in a position designated for this purpose; and
(ii)    works on a shift that starts on or after 2:00 p.m. and on or before 1:00 a.m.
(2)    A State-employed fire fighter is entitled to shift differential pay for qualifying hours if the fire fighter works on a shift of at least 8 hours, regardless of the time that the shift starts.
(c)    (1)    The Secretary shall adopt regulations for the payment of shift differential pay.
(2)    The regulations adopted under this section shall provide for fairness and equity among all employees in consideration of:
(i)    the hours worked;
(ii)    conditions and places of employment;
(iii)    prevailing practices in the locality; and
(iv)    other factors that the Secretary considers relevant under the circumstances.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 2 - Special Pay Provisions › Section 8-202 - Hazardous Duty Pay

(a)    An employee of the State Fire Marshal's Office is entitled to extra pay, known as hazardous duty pay, if the employee works as a member of a bomb squad or as an explosives technician.
(b)    Hazardous duty pay under this section shall be set by the Secretary in an amount not to exceed $150 a month.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 2 - Special Pay Provisions › Section 8-203 - Pay Rates and Staffing Requirements for Certain Employees

(a)    (1)    This subsection applies to employees in the Maryland Department of Health who:
(i)    have direct contact with patients; and
(ii)    are in a position classified in one of the following bargaining units:
1.    Bargaining Unit D for Health and Human Services Non–Professionals;
2.    Bargaining Unit E for Health Care Professionals;
3.    Bargaining Unit F for Social and Human Services Professionals; or
4.    Bargaining Unit H for Public Safety and Security Personnel.
(2)    The pay rate for an employee at the Clifton T. Perkins Hospital who is not receiving a forensic pay premium shall be at least two grades higher than the employee’s pay rate effective June 30, 2020.
(3)    Notwithstanding any other provision of law, the pay rate for an employee in the Behavioral Health Administration or the Developmental Disabilities Administration shall be equal to the pay rate effective July 1, 2020, for similarly trained, qualified, or licensed employees at the Clifton T. Perkins Hospital if the employee works at a facility that had a forensic admission rate greater than 75% for the immediately preceding fiscal year.
(4)    This subsection may not be construed to decrease the pay rate of any employee.
(b)    (1)    For any facility that had a forensic admission rate greater than 75% for the immediately preceding fiscal year, the facility shall:
(i)    beginning July 1, 2020, ensure that any new employees hired for a security personnel position at the facility are employed in a Security Attendant position;
(ii)    beginning July 1, 2020, reclassify any employee in a Building Security Officer position into a Security Attendant position on the successful completion by the employee of a correctional training course approved by the Correctional Training Commission under Title 8, Subtitle 2 of the Correctional Services Article; and
(iii)    beginning July 1, 2021, ensure that the Security Attendant employee–to–patient ratio is not less than:
1.    one Security Attendant employee for every three patients in maximum security facilities; and
2.    one Security Attendant employee for every 12 patients in minimum security facilities.
(2)    This subsection may not be construed to eliminate the position, or decrease pay, of any employee in a Building Security Officer position who chooses not to participate in, or fails, a correctional training course approved by the Correctional Training Commission under Title 8, Subtitle 2 of the Correctional Services Article.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 3 - Overtime Compensation › Section 8-301 - Scope of Subtitle

(a)    Except as provided in subsection (b) of this section, in § 8–309 of this subtitle, or otherwise by law, this subtitle applies to all employees over whom the Secretary has authority to administer pay.
(b)    This subtitle does not apply to a law enforcement employee of:
(1)    the Field Enforcement Bureau of the State Comptroller’s Office; or
(2)    the Field Enforcement Division of the Alcohol and Tobacco Commission.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 3 - Overtime Compensation › Section 8-302 - Construction and Entitlement

(a)    This subtitle shall be interpreted and applied, to the extent applicable, in accordance with the federal Fair Labor Standards Act.
(b)    All employees subject to this subtitle are entitled to the greater of:
(1)    the benefits that are provided in this subtitle; or
(2)    to the extent applicable, the benefits required by the federal Fair Labor Standards Act.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 3 - Overtime Compensation › Section 8-303 - Overtime Compensation Generally

(a)    Except as otherwise provided in this subtitle, an employee who works more than the normal workweek for that employee's unit is entitled to compensation for that overtime work in the form of:
(1)    payment as provided in § 8-305 of this subtitle; or
(2)    compensatory time as provided in § 8-307 of this subtitle.
(b)    The Secretary shall adopt regulations to prevent:
(1)    the granting of unnecessary overtime; and
(2)    the failure to grant overtime compensation to an eligible employee.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 3 - Overtime Compensation › Section 8-304 - Regular Hourly Pay Rate

(a)    Except as provided in subsection (b) of this section, an employee's regular hourly rate of pay is computed for purposes of this subtitle by dividing the employee's total regular weekly pay by the total number of hours in the employee's normal workweek.
(b)    The regular hourly rate of pay for an employee of a hospital or domiciliary care facility for the ill, aged, or disabled may be computed for purposes of this subtitle by dividing the employee's total regular 2-week pay by the total number of hours in the employee's normal 2-week work period.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 3 - Overtime Compensation › Section 8-305 - Payment Required

(a)    Except as otherwise provided in this section:
(1)    payment for time worked in excess of an employee’s normal workweek but not in excess of 40 hours in that workweek shall be made at the employee’s regular hourly rate of pay; and
(2)    payment for time worked in excess of 40 hours in a workweek shall be made at one and one–half times the employee’s regular hourly rate of pay.
(b)    (1)    This subsection:
(i)    except as provided in item (ii) of this paragraph, applies to those employees of a hospital or domiciliary care facility for the ill, aged, or disabled whose overtime compensation is computed on the basis of a 2–week work period under § 8–304(b) of this subtitle; and
(ii)    does not apply to an employee who works an alternative workweek, as defined in § 2–104(p) of the Health – General Article.
(2)    For an employee subject to this subsection, payment for overtime work shall be made at the greater of:
(i)    one and one–half times the employee’s regular hourly rate of pay for time worked in excess of 80 hours in the 2–week work period; or
(ii)    one and one–half times the employee’s regular hourly rate of pay for time worked during that 2–week work period that is in excess of 8 hours in any workday.
(c)    (1)    This subsection applies to law enforcement and civilian employees of the Department of State Police who participate in the modified workday program established in accordance with § 2–411 of the Public Safety Article.
(2)    For an employee subject to this subsection, payment for overtime work shall be made at the greater of:
(i)    one and one–half times the employee’s regular hourly rate of pay for time worked in excess of 40 hours in the established work period; or
(ii)    one and one–half times the employee’s regular hourly rate of pay for time worked during that work period that is in excess of the established workday.
(d)    A unit may adopt alternate work periods as allowed by the federal Fair Labor Standards Act for the purpose of determining payment for overtime work for its law enforcement employees or fire fighters.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 3 - Overtime Compensation › Section 8-306 - When Payment to Be Made

Payment for overtime work shall be made on or before the day the employee is paid for the second pay period following the pay period in which the payment for overtime work is earned.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 3 - Overtime Compensation › Section 8-307 - Employee Election for Compensatory Time

(a)    By regulations consistent with the federal Fair Labor Standards Act, the Secretary may provide for employees who otherwise would be entitled to payment for overtime work to elect to receive compensatory time instead.
(b)    These regulations shall provide that an employee who elects to receive compensatory time must notify the employee's supervisor of that election before the overtime work is performed.
(c)    Compensatory time under this section shall equal:
(1)    1 hour for each hour of overtime work for which the employee otherwise would receive the employee's regular hourly rate of pay; and
(2)    1.5 hours for each hour of overtime work for which the employee otherwise would receive one and one-half times the employee's regular hourly rate of pay.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 3 - Overtime Compensation › Section 8-308 - Extra Compensation for Certain Law Enforcement Employees

(a)    Except as provided in § 8–305(c) of this subtitle, a law enforcement employee of any unit of State government or a State Police cadet who works more than 8 hours in a normal 8–hour workday is entitled to be paid at the rate of one and one–half times the employee’s or cadet’s regular hourly rate of pay for time worked in excess of 8 hours.
(b)    (1)    In this subsection, “off–duty hours” means any hours:
(i)    during a law enforcement employee’s scheduled off–duty day; or
(ii)    during a law enforcement employee’s on–duty day after the employee has gone off duty.
(2)    Except as otherwise provided in this subsection, a law enforcement employee of any unit of State government who is called to duty on the employee’s scheduled off–duty day is entitled to be paid at the rate of one and one–half times the employee’s regular hourly rate of pay for each hour worked on the off–duty day.
(3)    Except as provided in paragraph (4) of this subsection, a law enforcement employee of the Department of State Police holding a noncommissioned rank or a law enforcement employee of the Department of Natural Resources holding a rank of sergeant or below, park ranger supervisor or below, or park services supervisor or below who is called to duty during the employee’s off–duty hours is entitled to be paid at the rate of one and one–half times the employee’s regular hourly rate of pay for the greater of:
(i)    the hours worked during the off–duty hours; or
(ii)    4 hours.
(4)    A law enforcement employee of the Department of State Police holding a noncommissioned rank or a law enforcement employee of the Department of Natural Resources holding a rank of sergeant or below who makes an appearance in court on official duty during the employee’s off–duty hours is entitled to be paid at the rate of one and one–half times the employee’s regular hourly rate of pay for the greater of:
(i)    the hours worked during the off–duty hours; or
(ii)    2 hours.
(c)    A law enforcement employee of any unit of State government, or a police communications operator of the Department of State Police or Natural Resources Police who is required to work 4 or more hours on New Year’s Day, Thanksgiving Day, or Christmas Day, or who is scheduled to be off duty on New Year’s Day, Thanksgiving Day, or Christmas Day and is called to duty on any part of that day is entitled to:
(1)    compensatory time of 1 day; and
(2)    payment at the rate of one and one–half times the employee’s regular hourly rate of pay for each hour worked on that day.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 3 - Overtime Compensation › Section 8-309 - Employees Limited to Compensatory Time

(a)    The Secretary may designate, subject to the Secretary’s salary-setting authority, those bona fide administrative, executive, and professional employees who may not receive payment for overtime work, but who may be granted compensatory time for overtime work.
(b)    On or after July 1, 1989, an employee who is included in the Executive Pay Plan at a pay grade of (ES) 6 or above is not entitled to accrue any compensatory time other than as provided in § 9-205(a)(3) of this article for holiday work.
(c)    A law enforcement employee of the Department of State Police holding a commissioned rank or a law enforcement employee of the Natural Resources Police holding a rank above sergeant may not receive payment for any overtime work, but may be granted compensatory time for overtime work.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 4 - Prohibited Acts and Penalties › Section 8-401 - Prohibited Acts

Subject to the approval of the Governor, the Secretary may adopt regulations that prohibit a State officer from paying an employee in the State Personnel Management System any wages unless:
(1)    the officer has a payroll authorization from the Secretary that lists:
(i)    the name of that employee;
(ii)    the amount to be paid to that employee; and
(iii)    the services for which payment is to be paid; and
(2)    the head of a principal unit certifies in each payroll for that unit that the employees named in the payroll have been lawfully employed during the pay period and are entitled to the compensation authorized by the Secretary.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 8 - Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management › Subtitle 4 - Prohibited Acts and Penalties › Section 8-402 - Penalties

Money paid in violation of this section or in violation of any regulation adopted under § 8-401 of this subtitle may be recovered from the officer who pays or authorizes payment of the money or from the sureties of that officer's official bond.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 9 - Leave Time and Holidays › Subtitle 1 - General Provisions › Section 9-101 - Regulations

(a)    This section applies to all employees in the State Personnel Management System.
(b)    Subject to the requirements of this title, the Secretary shall adopt regulations, policies, and guidelines that:
(1)    govern all aspects of leave and the keeping of time records for all employees subject to this section;
(2)    require each unit subject to the regulations to submit to the Secretary an annual report that includes:
(i)    the total number of employees in the unit; and
(ii)    the aggregate amounts of annual, personal, and sick leave taken by the employees in the unit;
(3)    provide for computations in a pay period of:
(i)    accruals of annual and sick leave; and
(ii)    deductions for unpaid leave used; and
(4)    provide for conversions of leave time and holiday time for employees who do not have an 8-hour daily work schedule.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 9 - Leave Time and Holidays › Subtitle 1 - General Provisions › Section 9-103 - Employee Benefits While on Leave With Pay

While using leave with pay under this title, an employee:
(1)    does not lose any health insurance benefits with the subsidy allowed in Title 2, Subtitle 5 of this article solely because of use of the paid leave;
(2)    continues seniority and leave accruals based on the employee's regular hours; and
(3)    except as provided in § 9-704 of this title, is entitled to pay for the leave at the employee's regular hourly rate for the hours of leave.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 9 - Leave Time and Holidays › Subtitle 2 - Holiday Leave › Section 9-201 - Employee Holidays

In this title, “employee holiday” includes:
(1)    January 1, for New Year’s Day;
(2)    January 15, for Dr. Martin Luther King, Jr.’s birthday, unless the United States Congress designates another day for observance of that legal holiday, in which case, the day designated by the United States Congress;
(3)    the third Monday in February, for Presidents’ Day;
(4)    May 30, for Memorial Day, unless the United States Congress designates another day for observance of that legal holiday, in which case, the day designated by the United States Congress;
(5)    June 19, for Juneteenth National Independence Day;
(6)    July 4, for Independence Day;
(7)    the first Monday in September, for Labor Day;
(8)    October 12, for Columbus Day, unless the United States Congress designates another day for observance of that legal holiday, in which case, the day designated by the United States Congress;
(9)    November 11, for Veterans’ Day;
(10)    the fourth Thursday in November, for Thanksgiving Day;
(11)    the Friday after Thanksgiving Day, for American Indian Heritage Day;
(12)    December 25, for Christmas Day;
(13)    each statewide general election day in this State; and
(14)    each other day that the President of the United States or the Governor designates for general cessation of business.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 9 - Leave Time and Holidays › Subtitle 2 - Holiday Leave › Section 9-202 - Scope of Subtitle

(a)    Except as provided in subsection (b) of this section, this subtitle applies to all employees of all units in the Executive Branch of State government, including any unit with an independent personnel system.
(b)    This subtitle does not apply to:
(1)    temporary employees;
(2)    employees of any unit that is authorized or required by law to establish holiday schedules different from those provided in this subtitle; or
(3)    employees of the State Department of Transportation.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 9 - Leave Time and Holidays › Subtitle 2 - Holiday Leave › Section 9-204 - When Holiday Observed

(a)    Except as otherwise provided in this subtitle, an employee shall use holiday leave on the day the employee holiday occurs.
(b)    Except as otherwise provided in this subtitle:
(1)    if the employee holiday occurs on a Saturday, an employee shall use holiday leave on the Friday immediately before the employee holiday; and
(2)    if the employee holiday occurs on a Sunday, an employee shall use holiday leave on the Monday immediately following the employee holiday.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 9 - Leave Time and Holidays › Subtitle 2 - Holiday Leave › Section 9-205 - Compensatory Time for Holiday Work

(a)    (1)    Except as otherwise provided in paragraphs (2) and (3) of this subsection or in any other law, 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.
(2)    An employee, including an employee in a 24-hour facility, shall receive payment for the number of holiday hours scheduled, at the employee’s regular hourly rate of pay, and time and one-half payment for the number of hours actually worked, if the employee:
(i)    is eligible to receive cash overtime;
(ii)    has holidays prescheduled by the employer; and
(iii)    is required by the employer to work a holiday that was designated as a prescheduled holiday for the employee.
(3)    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.
(b)    An employee must use any compensatory time accrued under this section within 1 year after having accrued that time.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 9 - Leave Time and Holidays › Subtitle 3 - Annual Leave › Section 9-301 - Annual Leave Authorized

(a)    This subtitle does not apply to:
(1)    a temporary employee; or
(2)    an employee of the Maryland School for the Deaf who works 11 months or less in a calendar year.
(b)    Each employee in the State Personnel Management System is entitled to annual leave with pay as provided in this subtitle.
(c)    Annual leave may be used for any purpose.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 9 - Leave Time and Holidays › Subtitle 3 - Annual Leave › Section 9-302 - Annual Leave Accruals

(a)    In this section, “total State service” includes any previous State service.
(b)    Annual leave accrues as follows, on a pro rata basis:
(1)    for an employee whose total State service is less than 5 years, at the rate of 10 workdays not to exceed 80 hours, a year;
(2)    for an employee whose total State service is at least 5 years but less than 10 years, at the rate of 15 workdays not to exceed 120 hours, a year;
(3)    for an employee whose total State service is at least 10 years but less than 20 years, at the rate of 20 workdays not to exceed 160 hours, a year; and
(4)    for an employee whose total State service is 20 years or more, at the rate of 25 workdays not to exceed 200 hours, a year.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 9 - Leave Time and Holidays › Subtitle 3 - Annual Leave › Section 9-303 - Prior Approval Required

(a)    Except as provided in subsection (b) of this section, an employee may use annual leave at any time after obtaining approval from the employee’s supervisor.
(b)    An employee may not use annual leave until the employee has completed 6 months of State service.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 9 - Leave Time and Holidays › Subtitle 3 - Annual Leave › Section 9-304 - Unused Annual Leave -- Accumulation

(a)    (1)    An employee may accumulate unused annual leave and may carry over from 1 year to the next year up to 75 days or 600 hours of that unused annual leave.
(2)    Any accumulated and unused annual leave in excess of 75 days or 600 hours shall be forfeited at the beginning of the first full pay period of the next calendar year.
(b)    (1)    If an employee is denied the opportunity in 1 calendar year to use annual leave days in excess of the 75 days or 600 hours allowed to be carried over to the next year, the head of the employee’s principal unit may allow the employee compensation, at the employee’s regular rate of pay, for those excess leave days.
(2)    The head of a principal unit may approve a request for compensation under this subsection only if:
(i)    the appointing authority documents the unusual administrative reasons for having denied the employee the use of annual leave; and
(ii)    funds are available for that purpose.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 9 - Leave Time and Holidays › Subtitle 3 - Annual Leave › Section 9-305 - Unused Annual Leave -- Compensation on Termination of Employment

(a)    Except for employees covered by a collective bargaining agreement and except as provided in § 9–306 of this subtitle, an employee is entitled, on termination of State employment, to compensation for unused annual leave.
(b)    The amount of compensation to be paid under this section shall equal one–tenth of the employee’s established biweekly compensation at the time of termination of State employment, multiplied by:
(1)    the number of days of annual leave, not exceeding 50 days or 400 hours of the total that were accrued at the end of the previous calendar year and that remain unused; and
(2)    the number of days of annual leave that accrued during the calendar year in which the employee’s State employment terminates and that remain unused.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 9 - Leave Time and Holidays › Subtitle 3 - Annual Leave › Section 9-306 - Forfeiture and Disqualification

(a)    An employee whose State employment is terminated for a cause involving moral turpitude forfeits all unused annual leave and all compensation for unused annual leave.
(b)    An employee whose State employment terminates within 6 months after the employee's original appointment is not eligible for annual leave or compensation for annual leave.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 9 - Leave Time and Holidays › Subtitle 3 - Annual Leave › Section 9-307 - Forfeited Leave Placed in Leave Bank

Annual leave that is forfeited under §§ 9-304 and 9-306 of this subtitle is placed, unless the employee objects, in the State Employees' Leave Bank established by § 9-602(a)(1) of this title.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 9 - Leave Time and Holidays › Subtitle 3 - Annual Leave › Section 9-308 - Annual Leave Donation

An employee may voluntarily donate any amount of the employee's annual leave to the State Employees' Leave Bank or to another State employee under the Employee-to-Employee Leave Donation Program under Subtitle 6 of this title.
2023 Maryland Statutes › State Personnel and Pensions › Division I - State Personnel › Title 9 - Leave Time and Holidays › Subtitle 4 - Personal Leave › Section 9-401 - Personal Leave Authorized

(a)    (1)    Except as provided in paragraphs (2), (3), and (4) of this subsection, or otherwise provided by law, each employee in the State Personnel Management System, except a temporary employee, is entitled to 6 days, not to exceed 48 hours, of personal leave with pay at the beginning of the first full pay period of the calendar year.
(2)    For the calendar year in which an employee begins employment, the employee is entitled only to the following personal leave with pay:
(i)    6 days, not to exceed 48 hours, if employment begins on or after January 1 and on or before the last day in February;
(ii)    5 days, not to exceed 40 hours, if employment begins on or after March 1 and on or before April 30;
(iii)    4 days, not to exceed 32 hours, if employment begins on or after May 1 and on or before June 30; or
(iv)    3 days, not to exceed 24 hours, if employment begins on or after July 1.
(3)    For each calendar year that is a leap year, each employee in the State Personnel Management System, except a temporary employee, is entitled to 7 days, not to exceed 56 hours, of personal leave with pay at the beginning of the first full pay period of the calendar year.
(4)    For each calendar year, an employee of the Maryland School for the Deaf who works 11 months or less in a calendar year is entitled to 3 days, not to exceed 24 hours, of personal leave with pay at the beginning of the first full pay period of the calendar year.
(b)    Personal leave may be used for any purpose.