PARRIS N. GLENDENING, Governor

Ch. 347

(2) APPEALS FOR DISCIPLINARY TERMINATIONS OF EMPLOYMENT ARE
GOVERNED BY SUBTITLE 1 OF THIS TITLE.

11-302.

(A)     AN EMPLOYEE IS SEPARATED FROM STATE SERVICE WHEN THE
APPROPRIATION IN THE STATE BUDGET FOR THE POSITION IS:

(1)      OMITTED BY THE GOVERNOR, AS EVIDENCED IN THE SUPPORTING
DOCUMENTATION SUBMITTED WITH THE BUDGET;

(2)      STRUCK BY THE GENERAL ASSEMBLY, AS EVIDENCED IN THE
BUDGET BILL OR IN THE REPORT OF THE BUDGET COMMITTEES; OR

(3)      REDUCED BY THE GOVERNOR IN ACCORDANCE WITH § 7-213 OF THE
STATE FINANCE AND PROCUREMENT ARTICLE, AS EVIDENCED IN THE SUPPORTING
DOCUMENTATION SUBMITTED TO THE BOARD OF PUBLIC WORKS.

(B)     AN EMPLOYEE MAY NOT APPEAL A SEPARATION FROM EMPLOYMENT
UNDER THIS SUBSECTION.

(C)     AN EMPLOYEE WHO IS SEPARATED UNDER THIS SECTION IS NOT SUBJECT
TO THE LAYOFF PROVISIONS OF SUBTITLE 2 OF THIS TITLE WITH THE EXCEPTION
THAT AN EMPLOYEE WHO IS SEPARATED SHALL HAVE THE SAME REINSTATEMENT
RIGHTS AS A LAID-OFF EMPLOYEE.

11-303.

(A)     AN APPOINTING AUTHORITY MAY TERMINATE THE EMPLOYMENT OF A
PROBATIONARY EMPLOYEE

(B)     BEFORE TERMINATING AN EMPLOYEE WHO IS ON PROBATION, THE
APPOINTING AUTHORITY SHALL GIVE THE EMPLOYEE A NOTICE OF TERMINATION
AT LEAST 10 DAYS BEFORE THE EFFECTIVE DATE OF THE TERMINATION.

(C)     AN APPOINTING AUTHORITY MAY SUSPEND A PROBATIONARY
EMPLOYEE WITH PAY BETWEEN THE DATE OF THE NOTICE AND THE EFFECTIVE
DATE OF THE TERMINATION.

(D)     A PROBATIONARY EMPLOYEE MAY APPEAL A TERMINATION UNDER THIS
SECTION ONLY ON THE GROUNDS THAT THE TERMINATION IS ILLEGAL OR
UNCONSTITUTIONAL.

11-304.

(A) (1) THIS SECTION APPLIES TO EMPLOYEES ON PROBATION FOLLOWING
A PROMOTION OR REINSTATEMENT TO A POSITION IN THE SKILLED SERVICE OR
PROFESSIONAL SERVICE

(2) THIS SECTION DOES NOT APPLY TO PROBATIONARY EMPLOYEES IN
THE MANAGEMENT SERVICE OR EXECUTIVE SERVICE OR UNDER A SPECIAL
APPOINTMENT.

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