2776

LAWS OF MARYLAND

Ch. 521

(a)  Employees who are in positions that are to be
abolished, discontinued, or vacated, because of change in
departmental organization, or through stoppage or lack of work,
shall be laid off.

(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. The appointing
authority shall submit this evaluation to the Secretary of
Personnel.