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14.27.02.00.htm 14.27.02.00. Title 14 INDEPENDENT AGENCIES Subtitle 27 MARYLAND ENVIRONMENTAL SERVICE Chapter 02 Human Resources System Authority: Natural Resources Article, §3-103.1 and 3-127, Annotated Code of Maryland
14.27.02.01.htm 14.27.02.01. 01 Scope.. A. These regulations apply to an individual who:. 1) Is hired by the Service after June 30, 1993;. 2) Was employed by the Service before July 1, 1993, but who is not a member of the State Personnel Management System; and3) Transfers from the State Personnel Management System to the human resources system established by Natural Resources Article, §3-103.1, Annotated Code of Maryland.B. These regulations do not apply to the Service's Director, Deputy Directo
14.27.02.02.htm 14.27.02.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Applicant" means an individual who submits a request to be considered for employment by the Service after the Service announces that it is seeking applicants.2) "Board" means the Board of Directors of the Service.. 3) "Classification" means the descriptive title assigned to a single position or group of positions that are similar in duties, responsibilities, and
14.27.02.03.htm 14.27.02.03. 03 Equal Employment Opportunity.. A. The Service shall have a comprehensive equal employment opportunity/affirmative action program covering all elements of the Service's human resource policies and management practices.B. The Service shall implement this chapter in a manner that does not discriminate on the basis of race, color, creed, age, sex, national origin, religion, marital status, physical or mental disability, sexual orientation, or other factors not relate
14.27.02.04.htm 14.27.02.04. 04 Organization of Human Resources System.. A. The Service shall have a human resources system. The Human Resources Division of the Service shall administer and manage the human resources system. The Human Resources Division shall maintain records that:1) Document any action affecting the status of an employee; and. 2) Are required to be maintained by law.. B. The Board may adopt policies and procedures for administering the human resources system and shall maintain records of the
14.27.02.05.htm 14.27.02.05. 05 Qualifications and Examinations.. A. The Service shall establish minimum qualifications and selection criteria for an employment position.B. Examinations. The Service may require an applicant for employment to participate in an examination of the applicant's job-related qualifications.C. Returning Veterans and Reservists. The Service shall employ returning veterans and reservists in accordance with the provisions of State Personnel and Pensions Article, Tit
14.27.02.06.htm 14.27.02.06. 06 Hiring Employees.. A. Selection Criteria.. 1) The Service shall select for employment the applicant who best meets the selection criteria established by the Service.2) The Service may hire an individual who does not meet the Service's minimum qualifications or the selection criteria if the:a) Service determines that the individual is more qualified for the employment position than another applicant; orb) Individual is currently employed at a project or facility for which the
14.27.02.07.htm 14.27.02.07. 07 Probation.. A. An employee of the Service shall serve a probationary period of 6 months from the date the employee is hired.B. An employee's probation may be extended for an additional period not to exceed 3 months. The maximum period of probation including extension may not exceed 9 months.C. Termination of Probationary Employees.. 1) The Service may terminate a new employee on probation without cause.. 2) Except as provided in §C(3) of this regulation, the Service shall notify
14.27.02.08.htm 14.27.02.08. 08 Compensation of Employees.. A. Salaries and Wages.. 1) The Service shall compensate an employee according to:. a) The Service's budget; and. b) A salary structure that is developed by the Director and approved by the Board.. 2) The salary structure in §A(1)b) of this regulation shall list the complete salary range of classes of positions and may include a pay plan and salary rules.B. Incentive Pay. The Director, with the approval of the Board, may establish an incentive pay plan.
14.27.02.09.htm 14.27.02.09. 09 Overtime.. A. The Director, or the Director's designee, may require an employee to work a period of time in excess of the employee's standard workweek or workday, dependent upon workload demands.B. The Service shall pay preapproved overtime to employees who are nonexempt under the Fair Labor Standards Act in accordance with the Fair Labor Standards Act, 29 U.S.C. §201 and the provisions of State Personnel and Pensions Article, Title 8, Subtitle 3, Annotated Code of Maryland.
14.27.02.10.htm 14.27.02.10. 10 Benefits.. The Board shall establish a benefits plan, which includes reasonable eligibility criteria, for employees. The benefits plan shall be consistent with State Personnel and Pensions Article, §2-511, Annotated Code of Maryland, which allows employees to participate in the State Employee and Retiree Health and Welfare Benefits Program.
14.27.02.11.htm 14.27.02.11. 11 Annual Leave.. A. Amount of Leave Earned.. 1) From the 1st through the 6th month of employment, an employee may not earn annual leave. Upon completion of the 6th month of service, the Service shall credit an employee with annual leave for the first 6 months on the basis of 1 hour of leave for each 26 hours worked.2) From the beginning of the 1st year of employment through the completion of the 5th year of employment, an employee shall earn annual leave at the r
14.27.02.12.htm 14.27.02.12. 12 Sick Leave.. A. Amount of Leave Earned.. 1) Starting with the first month of service an employee shall earn 1 hour of sick leave for every 37.14 hours worked. An employee may not earn more than 7 days of sick leave in a calendar year.2) An employee may not earn sick leave upon hours worked in excess of the employee's standard workweek.3) Under this regulation the amount of hours an employee has worked shall include any hours the employee is on paid leave.B. The Director, with the
14.27.02.13.htm 14.27.02.13. 13 Compensatory Leave.. A. An executive, administrative, or professional employee, whose classification is not on the list of employees approved by the Board as eligible to receive cash overtime payments, may earn compensatory time for work performed:1) At least 1 hour beyond the employee's standard work day; and. 2) For more than 1 hour in a day that is outside the employee's standard workweek, for example, on a holiday or a weekend.B. Total compensatory tim
14.27.02.14.htm 14.27.02.14. 14 Accident Leave.. A. Amount of Paid Accident Leave. The Service may grant up to 3 days of paid accident leave to an employee beginning on the first day of absence from work because of an accidental personal injury sustained by the employee in the actual performance of the employee's job duties, and which is determined to be compensable according to the Maryland Workers' Compensation Law, Labor and Employment Article, Title 9, Annotated Code of Maryland.B. Advanced Accident Leav
14.27.02.15.htm 14.27.02.15. 15 Other Paid Leave.. A. Holiday Leave.. 1) The holidays of the Service are:. a) New Year's Day―January 1;. b) Martin Luther King Jr.s Birthday―Third Monday in January;. c) George Washington's Birthday―Third Monday in February;. d) Memorial Day―Last Monday in May;. e) Independence Day―July 4;. f) Labor Day―First Monday in September;. g) Veteran's Day―November 11;. h) Thanksgiving Day―Fourth Thursday in November; and. i) Christmas Day―December 25.. 2) If a holiday falls on
14.27.02.16.htm 14.27.02.16. 16 Family Leave.. Family and medical leave may be used in accordance with the provisions of the Family and Medical Leave Act of 1993, as amended, the implementing federal regulations, and the policies and guidelines adopted by the Service.
14.27.02.17.htm 14.27.02.17. 17 Leave Without Pay.. The Service may grant leave without pay to an employee if the:. A. Employee has no credited paid leave; and. B. The Service determines that the employee's use of leave without pay will not unreasonably disrupt the Service's activities.
14.27.02.18.htm 14.27.02.18. 18 Performance Appraisal.. A. The Service shall establish an employee performance appraisal process. The employee performance appraisal process may include:1) Employee performance planning;. 2) Interaction between an employee and the employee's supervisor; and. 3) Review of an employee's performance.. B. An employee's supervisor shall conduct a performance appraisal of the employee at least once a year. The supervisor shall evaluate the employee on the basis of the employee
14.27.02.19.htm 14.27.02.19. 19 Position Evaluation.. A. The Service shall periodically evaluate each employment position. The evaluation may:. 1) Document differences among positions;. 2) Establish a relative value for the position; and. 3) Compare the compensation level of the employment position with the compensation level of a similar employment position in a similar labor market.B. A job evaluation shall include analysis of the following criteria:. 1) Organizational impact;. 2) Supervision exercised;.
14.27.02.20.htm 14.27.02.20. 20 Disciplinary Action.. A. The Service may take disciplinary action for cause against an employee.. B. The Board shall adopt a disciplinary policy. The disciplinary policy may provide for a:. 1) Warning to an employee;. 2) Suspension with or without pay;. 3) Demotion; and. 4) Termination of employment.. C. The Service may terminate for cause an employee's employment with the Service. The Service may not terminate an employee for cause unless the Service first:
14.27.02.21.htm 14.27.02.21. 21 Employee Grievances.. A. This regulation does not apply to the following:. 1) Assistant attorneys general and all other attorneys on the staff of the Attorney General assigned to the Service, including the counsel to the Service;2) Individuals who are subject to collective bargaining agreements which include other grievance procedures; and3) Senior management employees of the Service who report directly to the Director.. B. In this regulation, a grievance is a cause of c
14.27.02.22.htm 14.27.02.22. 22 Promotion.. The Service may promote an employee from one employment position to another. A promotion is not effective until approved by the Director.
14.27.02.23.htm 14.27.02.23. 23 Transfer.. A. An employee may request a transfer to a different Service program or geographic area. The Service shall consider the employee's request in filling a position vacancy in the Service program or geographic area for which the employee has requested a transfer.B. The Service may require an employee to accept a transfer only in order to:. 1) Meet a specific business need;. 2) Accomplish a bona fide organizational goal;. 3) Provide reasonable accommodation; or.
14.27.02.24.htm 14.27.02.24. 24 Layoffs.. The Board shall develop fair and equitable procedures for the layoff of employees..
14.27.02.25.htm 14.27.02.25. 25 Training.. A. Financial Assistance. The Service may offer financial assistance to an employee for the cost of completing:1) An advanced education program at a preauthorized, accredited undergraduate or graduate institution;2) Employee job training or development courses; or. 3) A high school equivalency program.. B. Procedure.. 1) An employee requesting financial assistance for expenses authorized in §A of this regulation shall:
14.27.02.26.htm 14.27.02.26. 26 Employee Organizations.. A. The Service shall permit continuation of the rights of an employee organization in existence on July 1, 1993, to represent Service employees and to collect dues through a check-off system.B. The Director may allow an employee who belongs to an employee organization to use administrative leave to attend approved organization activities up to 5 days per year.
14.27.02.27.htm 14.27.02.27. 27 Transfers to Service Human Resources System.. A. The Service shall permit an employee who is in the State Personnel Management System to transfer to the Service human resources system without a reduction in the employee's current rate of pay.B. Accumulated Leave.. 1) The Service shall:. a) Permit an employee who is in the State Personnel Management System and who transfers to the Service human resources system to retain some or all of the employee's accumulat
14.27.02.9999.htm 14.27.02.9999. Administrative History Effective date: January 1, 1995 (21:25 Md. R. 2107). Regulation .11B amended as an emergency provision effective December 31, 1998 (26:2 Md. R. 103) emergency status expired April 30, 1999; amended permanently effective May 3, 1999 (26:9 Md. R. 730)Regulation .12 amended as an emergency provision effective December 31, 1999 (27:3 Md. R. 325) emergency status expired April 30, 2000Regulation .12 amended effective May 13, 2002 (29:9 Md. R. 746).
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