PARRIS N. GLENDENING, Governor

Ch. 347

(2) THE APPOINTING AUTHORITY RECOMMENDS THE DENIAL DENIES
THE INCREASE BECAUSE OF:

(I) AN EXTENSION OF AN EMPLOYEE'S PERIOD OF PROBATION
UNDER § 7-403 OF THIS ARTICLE; OR

(II) A SUBSTANTIAL REASON THAT ADVERSELY AFFECTS THE
VALUE OF THE EMPLOYEE TO TIBS STATE, INCLUDING THE EMPLOYEE'S
INEFFICIENCY OR UNUSUAL OR EXCESSIVE ABSENTEEISM.

(II) LACK OF PRODUCTIVITY; OR

(III) EXCESSIVE UNEXCUSED ABSENTEEISM.

(C) AN EMPLOYEE MAY NOT BE DENIED A PAY INCREASE FOR REASONS OF
PERFORMANCE THAT ADVERSELY AFFECTS THE VALUE OF THE EMPLOYEE TO THIS
STATE UNLESS SUBSTANTIAL REASONS OF PERFORMANCE WERE CITED ON THE
EMPLOYEES MID-YEAR EMPLOYEE'S MIDYEAR OR FINAL PERFORMANCE APPRAISAL
FORMS.

[(c) (1) A pay increase shall be denied in any year if the appointing authority
recommends the denial because of a substantial reason that adversely affects the value of
the employee to this State, including the employee's inefficiency or unusual or excessive
absenteeism.

(2)     A pay increase shall be denied during a period of extended probation if
the employee's probationary period was extended under Title 4, Subtitle 4 of this article
to a total period of more than 6 months.

(3)     A pay increase shall be denied for a period of 1 year from the beginning
of a disciplinary suspension under Title 9, Subtitle 4 of this article.]

[(d)] (C) (D) [ (1)] An employee who is denied a pay increase under [ subsection
(c)(1) or (c)(2) of] this section may appeal the denial [to the Secretary] UNDER THE
APPEAL PROCEDURES FOR DISCIPLINARY ACTIONS IN TITLE 11 OF THIS ARTICLE.

[(2) (i) An employee who is denied a pay increase under subsection (c)(3)
of this section may appeal the denial to the Secretary concurrently with an appeal of the
suspension under Title 9, Subtitle 4 of this article.

(ii) On appeal, the Secretary may:

1.       determine whether the disciplinary suspension and the
resulting denial of a pay increase were justified; and

2.       change or modify the suspension and the denial according to
that determination.]

[(e) After making a second recommendation under subsection (c)(1) of this
section to deny the same classified service employee a pay increase, the appointing
authority may file charges for the removal of the employee.]

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