WILLIAM DONALD SCHAEFER, Governor

Ch. 10

Defined term: "Part-time" § 5-101
5-104. PART-TIME EMPLOYMENT POLICY.

(A)     IN GENERAL.

IT IS THE POLICY OF THIS STATE THAT, EXCEPT AS PROVIDED IN SUBSECTION
(B) OF THIS SECTION, AT LEAST 5% OF THE POSITIONS IN ALL UNITS SUBJECT TO THIS
TITLE, AT EACH PAY GRADE IN THOSE UNITS, SHALL BE AVAILABLE FOR
EMPLOYMENT ON A PART-TIME BASIS TO INDIVIDUALS WHO CANNOT OR CHOOSE
NOT TO WORK FULL TIME.

(B)      EXCEPTIONS.

(1)      THE SECRETARY MAY WAIVE THE PROVISIONS OF SUBSECTION (A)
OF THIS SECTION TO THE EXTENT THAT THE SECRETARY DETERMINES THAT THOSE
PROVISIONS CONFLICT WITH THE EFFICIENT PERFORMANCE OF THE STATE'S
PERSONNEL FORCE.

(2)      ON REQUEST OF A UNIT, THE SECRETARY MAY REDUCE THE
PERCENTAGE OF PART-TIME POSITIONS FOR THAT UNIT IF:

(I)       THE UNIT IS UNDERGOING A SUBSTANTIAL REDUCTION IN
FORCE; OR

(II)     THE SECRETARY FINDS THAT COMPLIANCE WITH SUBSECTION
(A) OF THIS SECTION WOULD:

1.        MATERIALLY IMPAIR THE ABILITY OF THE UNIT TO
PERFORM ITS RESPONSIBILITIES; OR

2.         SEVERELY IMPAIR THE UNIT'S EFFICIENCY.

(C)      MAXIMUM CLASSIFIED SERVICE POSITIONS.

(1)      EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE
AGGREGATE NUMBER OF PART-TIME CLASSIFIED SERVICE POSITIONS IN ALL UNITS
SUBJECT TO THIS TITLE MAY NOT EXCEED 5% OF THE AGGREGATE NUMBER OF ALL
CLASSIFIED SERVICE POSITIONS IN THOSE UNITS.

(2)      THE MAXIMUM IMPOSED BY PARAGRAPH (1) OF THIS SUBSECTION
DOES NOT APPLY TO SOIL CONSERVATION DISTRICT EMPLOYEES WHO ARE
EMPLOYED IN PART-TIME CLASSIFIED SERVICE POSITIONS UNDER § 8-203(E) OF THE
AGRICULTURE ARTICLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, §§ 50 and 51(b).

Subsection (a) of this section is revised to affirmatively require the availability
of "at least 5%" of positions for part-time employment - reflecting the
requirements in former Art. 64A, § 51(b)(1) for a 1% minimum, beginning on
July 1, 1976, with increases of 1% a year to a 5% limit on that minimum
requirement.

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