Sec. 17.04.05.03. Disciplinary Actions Related to Employee Performance

A. Scope. This regulation applies to an employee in the skilled and professional services. It does not apply to an employee under special appointment.

B. The appointing authority may discipline an employee for reasons related to the employee's performance. These reasons include but are not limited to:

(1) That the employee is incompetent or inefficient in the performance of the employee's duty;

(2) That the employee is an individual with a disability who with a reasonable accommodation cannot perform the essential functions of the position; or

(3) That the employee currently is not qualified for the position.

C. Before an employee in the skilled or professional service may be disciplined for performance-related reasons, the appointing authority or designee shall:

(1) Investigate the employee's performance, including the employee's most recent performance appraisals;

(2) Notify the employee of the deficiency and provide an explanation of the employer's position;

(3) Meet with the employee to hear the employee's explanation, unless the employee is unavailable or unwilling to meet; and

(4) After determining the appropriate discipline, give the employee written notice of the disciplinary action to be taken, and the employee's appeal rights, and inform the employee of the effective date of the disciplinary action.

D. Between the time an appointing authority notifies the employee of the disciplinary action and the time of the imposition of the discipline, the appointing authority may rescind the discipline.

E. Except in the case of an annual performance appraisal, within 30 days after the appointing authority acquires knowledge of performance-related reasons for which disciplinary action may be imposed, the appointing authority shall take each of the actions required in §C of this regulation. The time period may be extended for any time that the employee is unavailable.

F. In the case of an annual performance appraisal, the appointing authority shall impose discipline within 30 days after the time period specified in §G of this regulation.

G. Performance Appraisals.

(1) When an employee has been given an overall rating of “unsatisfactory" on an annual performance appraisal, the employee's supervisor shall inform the employee that the employee has 180 days from issuance of the rating to improve to the level of "satisfactory". Approximately midway through the 180-day period, the employee and the employee's supervisor shall meet to evaluate the employee's progress toward a satisfactory rating. Failure to meet standards at the end of the 180-day period shall result in the employee's termination.

(2) When an employee is terminated under the provisions of §G(1) of this regulation, the Secretary shall be notified and the appointing authority shall submit to the Secretary a copy of each of the documents required by State Personnel and Pensions Article, §7-503, Annotated Code of Maryland.

(3) Under the provisions of State Personnel and Pensions Article, §8-107, Annotated Code of Maryland, an employee may not be denied a pay increase unless substantial reasons of performance were cited on the employee's mid-year or final performance appraisal forms.