WILLIAM DONALD SCHAEFER, Governor

Ch. 10

BEFORE AN APPLICANT MAY BE DENIED EMPLOYMENT FOR MEDICAL
REASONS, THE SECRETARY OR A DESIGNEE OF THE SECRETARY SHALL DOCUMENT
IN WRITING:

(1)      THAT, USING RELEVANT PROVISIONS OF FEDERAL AND STATE LAW
AND REGULATIONS, REASONABLE ACCOMMODATIONS WERE CONSIDERED;

(2)      THE SPECIFIC ACCOMMODATIONS THAT WERE CONSIDERED; AND

(3)      THE REASONS FOR REJECTING THOSE ACCOMMODATIONS.

REVISOR'S NOTE: Subsection (a) of this section is new language added to clarify
the applicability of this section to both the classified service and unclassified
service. Neither federal nor other State antidiscrimination laws distinguish
between the classified service and unclassified service. See, e.g., Art. 49B, §
14. In addition, the Department has cited this section as authority for a
proposed regulation that affects both classified service and unclassified service
employees, indicating that the Department interprets this section to apply
broadly.

Subsections (b) and (c) of this section are new language derived without
substantive change from former Art. 64A, § 12.

Defined terms: "Classified service" § 1-101
"Position" § 1-101
"Secretary" § 1-101

"State Personnel Management System" § 1-101
"Unclassified service" § 1-101

3-502. DENIAL OF PROMOTIONAL OPPORTUNITY WHILE ON SICK OR MATERNITY
LEAVE.

(A)     SCOPE OF SECTION.

(1)      EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THIS
SECTION APPLIES TO ALL EMPLOYEES, INCLUDING CLASSIFIED, UNCLASSIFIED,
FULL-TIME, PART-TIME, PERMANENT, AND TEMPORARY EMPLOYEES, OF ALL UNITS
IN THE EXECUTIVE, JUDICIAL, AND LEGISLATIVE BRANCHES OF STATE
GOVERNMENT, INCLUDING ANY UNIT WITH AN INDEPENDENT PERSONNEL SYSTEM.

(2)      THIS SECTION DOES NOT APPLY TO CONTRACTUAL EMPLOYEES.

(B)     SECRETARY'S AUTHORITY.

THE RULEMAKING AND OTHER AUTHORITY OF THE SECRETARY WITH
RESPECT TO THIS SECTION EXTENDS ONLY TO THOSE EMPLOYEES WHO ARE IN THE
STATE PERSONNEL MANAGEMENT SYSTEM.

(C)     DENIAL OF PROMOTIONAL OPPORTUNITY PROHIBITED.

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