4920

LAWS OF MARYLAND

Ch. 916

(F) LAID OFF EMPLOYEES SHALL BE GIVEN PRIORITY FOR
SUBSIDIZED TRAINING AND DEVELOPMENT UNDER § 49 OF THIS

ARTICLE.

(B)  EXCEPT FOR FACULTY AND OTHER UNCLASSIFIED
EMPLOYEES OF THE STATE INSTITUTIONS OF HIGHER EDUCATION AND
THEIR GOVERNING BOARDS, THE SECRETARY OF PERSONNEL SHALL
ESTABLISH UNIFORM PROCEDURES AMONG STATE AGENCIES, BY RULE
AND REGULATION, FOR:

(1) THE LAYOFF OF STATE EMPLOYEES REGARDLESS OF
EMPLOYMENT STATUS; AND

(2) THE REINSTATEMENT OF LAID OFF CLASSIFIED AND
UNCLASSIFIED STATE EMPLOYEES TO COMPARABLE OCCUPATIONAL
POSITIONS IN STATE EMPLOYMENT.

(C) THE RULES AND REGULATIONS PROMULGATED BY THE
SECRETARY PURSUANT TO SUBSECTION (B) ABOVE SHALL INCLUDE:

(1) AN ORDER OF LAYOFF DETERMINED BY SENIORITY
POINTS, INCLUDING CREDIT FOR:

(I) TOTAL STATE SERVICE;

(II) SERVICE WITHIN THE DEPARTMENT WHERE
THE LAYOFF IS TO OCCUR; AND

(III) SERVICE IN THE JOB CLASSIFICATION
AND ITS JOB SERIES, AS DEFINED BY THE SECRETARY, WHERE THE
LAYOFF IS TO OCCUR.

(2) A PROVISION THAT AN EMPLOYEE BEING LAID OFF
MAY DISPLACE ANOTHER EMPLOYEE WITH THE LEAST SENIORITY IN
THE SAME JOB CLASSIFICATION OR ITS JOB SERIES, OR ANY OTHER
JOB CLASSIFICATION IN WHICH THE EMPLOYEE BEING LAID OFF
PREVIOUSLY HELD SATISFACTORY PERMANENT STATUS. THIS
PROVISION SHALL BE LIMITED FIRST TO THE APPOINTING AUTHORITY
AND SUBSEQUENTLY TO THE EMPLOYEE'S DEPARTMENT, OR BY
GEOGRAPHICAL AREA AS DEFINED BY THE SECRETARY OF PERSONNEL,
OR BOTH.

(3) A PROVISION THAT IF 2 OR MORE EMPLOYEES IN
THE SAME CLASSIFICATION HAVE THE SAME SENIORITY POINTS, THE
ORDER OF LAYOFF SHALL BE BASED ON:

(I) TOTAL LENGTH OF EMPLOYMENT IN STATE
SERVICE, WITH THE EMPLOYEE WITH THE SHORTEST SERVICE BEING
LAID OFF FIRST; OR

(II) IF THESE EMPLOYEES HAVE THE SAME
TOTAL LENGTH OF SERVICE, THE APPOINTING AUTHORITY SHALL
DETERMINE WHICH EMPLOYEE TO RETAIN BY A WRITTEN EVALUATION
OF THE SKILLS, KNOWLEDGE, OR ABILITIES OF EACH EMPLOYEE.