reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.09 - Testing for Illegal Use of Drugs › Section 17.04.09.03 - Requirements for Applicants for Positions in Sensitive Classifications or for Sensitive Positions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to applicants, B-----E of this regulation apply to applicant-employees.
B. 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.
C. Notification.
(1) 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.
(2) 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:
(a) Disqualification from that position;
(b) Removal from any list of eligibles for any sensitive classification; and
(c) 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.
(3) 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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.09 - Testing for Illegal Use of Drugs › Section 17.04.09.04 - Requirements for Employees

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. Conditions for Testing for Illegal Use of Drugs.
(1) 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.
(2) 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:
(a) 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.
(b) 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.
(c) 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:
(i) Employee's participation in the rehabilitation program; and
(ii) One-year period immediately following the employee's successful completion of the rehabilitation program.
(d) 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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.09 - Testing for Illegal Use of Drugs › Section 17.04.09.05 - Urine Specimen Collection; Chain of Custody; Retention of Specimen and Test Results

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. 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.
C. The laboratory that tests the specimen shall retain all confirmed positive test:
(1) Specimens for 1 year or longer as may be required by the State; and
(2) Results for at least 3 years or longer as may be required by the State.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.09 - Testing for Illegal Use of Drugs › Section 17.04.09.06 - Drugs to be Screened

Current through Register Vol. 51, No. 14, July 12, 2024
A. The drugs that shall be screened include, but are not limited to, the following:
(1) Marijuana/cannabinoids;
(2) Cocaine;
(3) Opiates;
(4) Phencyclidine (PCP); and
(5) Amphetamines.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.09 - Testing for Illegal Use of Drugs › Section 17.04.09.07 - Testing Methodologies

Current through Register Vol. 51, No. 14, July 12, 2024
A. The initial screening test shall use an immunoassay.
B. The confirmatory test shall be gas chromatography-mass spectroscopy (GC-MS).
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.09 - Testing for Illegal Use of Drugs › Section 17.04.09.08 - Testing Cutoff Levels

Current through Register Vol. 51, No. 14, July 12, 2024
An initial screening test result shall be determined to be positive based upon the following cutoff levels:
Initial Test Level ------------------------ nanograms per milliliter)
A. Marijuana metabolites --------------- 50;
B. Cocaine metabolites ----------------- 300;
C. Opiate metabolites ------------------ 300;
D. Phencyclidine ----------------------- 25;
E. Amphetamines --------------------- 1,000.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.09 - Testing for Illegal Use of Drugs › Section 17.04.09.09 - Confirmatory Test

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. 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.
C. Protocols that result in one negative screening test shall be reported as a negative test.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.09 - Testing for Illegal Use of Drugs › Section 17.04.09.10 - Testing Laboratory

Current through Register Vol. 51, No. 14, July 12, 2024
A. An appointing authority may arrange for collection of urine specimens by a contractor selected by the Secretary.
B. 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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.09 - Testing for Illegal Use of Drugs › Section 17.04.09.11 - Approval of Testing Procedures; Statistics

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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:
(1) A list of sensitive classifications for which random testing will be required;
(2) A description of the testing procedure to be used; and
(3) The name of the laboratory that will conduct the testing.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.09 - Testing for Illegal Use of Drugs › Section 17.04.09.12 - Annual Review

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary shall conduct an annual review of the program for testing for illegal use of drugs to:
A. Allow for incorporation of modifications made in the field of testing for illegal use of drugs;
B. Allow for addition or deletion of specific substances listed in Regulation .06 of this chapter; and
C. Ensure compliance with this chapter.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.09 - Testing for Illegal Use of Drugs › Section 17.04.09.13 - Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. Training shall include, but is not limited to, all of the following:
(1) Conditions for testing for illegal use of drugs;
(2) Identification of sensitive classifications or sensitive positions, which require random testing for illegal use of drugs;
(3) Notification procedures;
(4) Testing protocols, including specimen collection and chain of custody;
(5) Impact of positive test results upon applicants, employees, and the appointing authority;
(6) Appeal rights; and
(7) Confidentiality requirements.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.09 - Testing for Illegal Use of Drugs › Section 17.04.09.14 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notwithstanding any regulation to the contrary, and to the extent permissible under applicable statutes, all test results shall be handled as confidential information.
B. Test results shall be considered part of the employee's personnel record and subject to the confidentiality protections of State Government Article, §
									10-616(h), Annotated Code of Maryland, and COMAR 17.04.14.
C. 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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.09 - Testing for Illegal Use of Drugs › Section 17.04.09.15 - Notice of Regulations in this Chapter

Current through Register Vol. 51, No. 14, July 12, 2024
Each appointing authority shall assure that the appointing authority's employees are notified of the following:
A. The existence of these regulations;
B. The circumstances under which employees may be subject to these regulations; and
C. The employees' rights to appeal any adverse action which results from the implementation of these regulations.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.10 - Training and Awards › Section 17.04.10.01 - Purpose of Training

Current through Register Vol. 51, No. 14, July 12, 2024
Training is provided to employees in order to:
A. Develop employees according to their capabilities;
B. Train employees to perform their official duties with maximum efficiency;
C. Increase and enhance the retention of employees in State service and meet the State's personnel needs; and
D. Train managers and supervisors to be knowledgeable and skilled in the fair application of laws, regulations, and guidelines.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.10 - Training and Awards › Section 17.04.10.02 - Use of Public Funds

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.10 - Training and Awards › Section 17.04.10.03 - State Training Program

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.10 - Training and Awards › Section 17.04.10.04 - Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. 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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.10 - Training and Awards › Section 17.04.10.05 - Incentive Awards

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.10 - Training and Awards › Section 17.04.10.06 - Student Loan Repayment Pilot Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligible Employees. The following employees are eligible to participate in the Student Loan Repayment Pilot Program:
(1) 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;
(2) Employees with a record of satisfactory service, as determined by the participating unit;
(3) Employees who submit an application for the Student Loan Repayment Pilot Program; and
(4) Employees with qualifying student loans that have an outstanding balance as verified by the participating unit.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.02 - Workweek, Overtime, and Compensatory Time

Current through Register Vol. 51, No. 14, July 12, 2024
A. Workweek.
(1) The regular workweek consists of 40 hours in a 7-day period.
(2) 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.
(3) The part-time workweek consists of an average of at least 50 percent or more but less than 100 percent of the regular workweek.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.03 - Leave - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. 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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.04 - Annual Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. Rate of Earnings.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) For purposes of this section, paid leave is considered work time.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.05 - Sick Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. Certification of Illness.
(1) 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.
(2) 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.
(3) A certificate is not required when prohibited by the Family and Medical Leave Act (FMLA).
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.06 - Death in Employee's Family

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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:
(1) Spouse;
(2) Children, including foster and stepchildren;
(3) Parents, stepparents or foster parents of the employee or spouse, or others who took the place of parents;
(4) Legal guardians of the employee or spouse;
(5) Brothers and sisters of the employee or spouse;
(6) Grandparents or grandchildren of the employee or spouse; and
(7) Other relatives living as a member of the employee's household.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.07 - Work-Related Accident Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligibility for work-related accident leave is governed by State Personnel and Pensions Article, Title 9, Subtitle 7, Annotated Code of Maryland.
B. 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.
C. Employee's Notice of Accident; Appointing Authorities Reports.
(1) 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.
(2) 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.
(3) 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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.08 - Employee Holidays

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. 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.
C. Holiday Leave.
(1) 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 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.09 - Personal Leave

Current through Register Vol. 51, No. 14, July 12, 2024
Personal leave is governed by State Personnel and Pensions Article, Title 9, Subtitle 4, Annotated Code of Maryland.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.10 - Military Leave

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.11 - Disaster Service Leave

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.12 - Jury Service Leave

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.13 - Legal Actions Leave

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.14 - Examinations and Interviews for State Positions

Current through Register Vol. 51, No. 14, July 12, 2024
An employee is allowed up to 4 hours leave with pay to take examinations and attend interviews for State positions. The appointing authority may:
A. Require prior approval of the interview or examination leave request;
B. Require verification of the examination taken or interview attended; and
C. Limit the number of interviews, and time allotted, when abuse is apparent.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.15 - Positive Tuberculin Test

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.16 - Religious Observances

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. 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.
C. Earned Compensatory Time for Religious Observance.
(1) 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.
(2) 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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.17 - Administrative Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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:
(1) May pose a threat to self, another individual, or State property;
(2) May be incapable of properly performing the employee's duties because of extraordinary circumstances; or
(3) Is under investigation for work-related conduct.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.18 - Transfer of Leave Earnings

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.19 - Computation of Leave and Record Retention on Separation from Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. 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:
(1) The average regular rate received by the employee during the last 3 years of employment; or
(2) The final regular rate received by the employee.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.20 - Official Records and Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. 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:
(1) Shall retain leave accrued before exemption but may not accrue any additional leave; and
(2) May not receive:
(a) Leave at a later date for a period of exemption,
(b) Payment for any leave unless earned before exemption, and
(c) Credit towards retirement benefits for any unused sick leave, regardless of when earned.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.21 - Release Time for Attendance at Employee Organization Events

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. The total amount of release time for an organization event during a fiscal year:
(1) 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;
(2) 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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.22 - State Employees' Leave Donation Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions. In this regulation, the following terms have the meanings indicated:
(1) "Catastrophic illness or injury" has the meaning stated in State Personnel and Pensions Article, §
										9-601(b), Annotated Code of Maryland.
(2) "Immediate family" has the meaning stated in State Personnel and Pensions Article, §
										9-601(c), Annotated Code of Maryland.
(3) "Program" means the Employee-to-Employee Leave Donation Program.
(4) "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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.23 - State Employees' Leave Bank

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions. In this regulation, the following terms have the meanings indicated:
(1) "Bank" means the State Employees' Leave Bank.
(2) "Open enrollment period" means the State's health insurance open enrollment period.
(3) "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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.24 - Leave of Absence Without Pay

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employee in the State Personnel Management System may apply for, and the appointing authority may grant, a leave of absence without pay:
(1) For personal reasons for a period not to exceed 30 calendar days;
(2) Under the Family and Medical Leave Act (FMLA) for the amount of time permitted by the FMLA; or
(3) 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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.25 - Organ Donation Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. Amount of Leave. In any 12-month period, an employee may use up to:
(1) 7 days of organ donation leave to serve as a bone marrow donor; and
(2) 30 days of organ donation leave to serve as an organ donor.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.26 - Attendance Improvement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purposes for monitoring employee sick leave usage are to:
(1) Prevent leave abuse;
(2) Prevent excessive use by ensuring that an employee is attempting to minimize use of leave consistent with medical need;
(3) Determine whether the employee's absence interferes with the employee's ability to perform the essential functions of the employee's position; and
(4) Implement the Family and Medical Leave Act's requirements.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.27 - Attendance Incentive Awards Program

Current through Register Vol. 51, No. 14, July 12, 2024
The attendance awards program is governed by State Personnel and Pensions Article, Title 9, Subtitle 12, Annotated Code of Maryland.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.28 - Annual Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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:
(1) Total number of employees in the unit;
(2) Aggregate amounts of annual, personal, and sick leave taken by the employees of the unit; and
(3) Categories and amounts of other leave taken by employees of the unit.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.11 - Leave › Section 17.04.11.29 - Parental Leave

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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.
B. Definitions.
(1) In this regulation, the following terms have the meanings indicated.
(2) Defined Terms.
(a) "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.
(b) "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.
(c) "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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.12 - Correction or Amendment of Personal Records › Section 17.04.12.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.12 - Correction or Amendment of Personal Records › Section 17.04.12.02 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
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.
Code of Maryland Regulations › Title 17 - DEPARTMENT OF BUDGET AND MANAGEMENT › Subtitle 04 - OFFICE OF PERSONNEL SERVICES AND BENEFITS › Chapter 17.04.12 - Correction or Amendment of Personal Records › Section 17.04.12.03 - Contents of Request

Current through Register Vol. 51, No. 14, July 12, 2024
The person in interest shall request the correction or amendment in writing. Each request shall:
A. Identify the personal records the person is seeking to correct or amend;
B. State the precise correction or amendment requested;
C. State the reason the correction or amendment is sought; and
D. Include a statement that the personal records are, in the person's belief, currently inaccurate or incomplete.