Md. Code, State Personnel and Pensions, Title 12

Md. Code, State Personnel and Pensions, Title 12
in effect

Md. Code, State Personnel and Pensions § 12-101

(a) In this title the following words have the meanings indicated. (b) “Employer” means one or more of the following: (1) an employee’s appointing authority; (2) an employee’s principal unit; or (3) the Department of Budget and Management. (c) “Exclusive representative” has the meaning stated in § 3–101 of this article. (d) (1) “Grievance” means a dispute between an employee and the employee’s employer about the interpretation of and application to the employee of: (i) a personnel policy or regulation adopted by the Secretary; (ii) any other policy or regulation over which management has control; or (iii) any term or condition of a memorandum of understanding between the State and the exclusive representative. (2) “Grievance” does not include a dispute about: (i) a pay grade or range for a class; (ii) the amount or the effective date of a statewide pay increase; (iii) the establishment of a class; (iv) the assignment of a class to a service category; (v) the establishment of classification standards; (vi) a mid–year performance appraisal; or (vii) an oral reprimand or counseling.

Md. Code, State Personnel and Pensions § 12-102

(a) Except as otherwise provided by law, this title applies to all employees in the State Personnel Management System within the Executive Branch and independent personnel systems. (b) This title does not apply to: (1) an employee who is appointed by the Governor whose appointment requires the Governor’s approval; (2) an employee in the executive service of the State Personnel Management System; (3) a temporary employee; (4) an attorney in the Office of the Attorney General; (5) a State Police officer; (6) an employee under § 7–601 of the Transportation Article who is subject to a collective bargaining agreement that contains another grievance procedure; (7) an employee, including a member of a faculty, who is subject to a contract or regulation governing teacher tenure; (8) a member of the faculty, an officer, or an administrative employee of Baltimore City Community College; (9) a student employee; (10) an individual who, as an incarcerated individual or patient in an institution, is employed by the State; or (11) an administrative law judge in the Office of Administrative Hearings.

Md. Code, State Personnel and Pensions § 12-103

(a) An employee with a grievance or the grievant's representative may present the grievance free from coercion, discrimination, interference, reprisal, or restraint. (b) Unless another procedure is provided for by this article, the grievance procedure is the exclusive remedy through which a nontemporary employee in the State Personnel Management System may seek an administrative remedy for violations of the provisions of this article.

Md. Code, State Personnel and Pensions § 12-105

(a) A grievant may choose any person to assist or represent the grievant at any time during the grievance process and shall notify the employer of that choice. (b) The appointing authority, the head of the principal unit, or the Secretary may designate an individual to assist or represent them at any step of the grievance process and shall notify the grievant of that designation.

Md. Code, State Personnel and Pensions § 12-106

(a) Except as otherwise provided in this title, if a grievant fails to appeal a decision in accordance with this title to the next step in the grievance procedure, the grievant is considered to have accepted the decision. (b) Except as otherwise provided in this title, a failure to decide a grievance at any step in the grievance procedure in accordance with this title is considered a denial from which an appeal may be made.

Md. Code, State Personnel and Pensions § 12-107

(a) The parties may agree to waive any time limitations specified in this title. (b) If the individual responsible to prepare a decision to a grievance at Step One or Step Two of the grievance procedure cannot respond within the time specified in this title because the individual is on approved leave for 3 or more days: (1) the period for the decision shall be extended by the number of days of the approved leave, up to a maximum of 14 days; and (2) the grievant shall be notified of the extension of time.

Md. Code, State Personnel and Pensions § 12-108

(a) The Secretary shall: (1) provide for forms for initiating and processing grievances; and (2) make the forms available on the Department’s website. (b) The grievant shall complete the forms provided in accordance with subsection (a) of this section in sufficient detail that will allow for the expeditious resolution of the grievance.

Md. Code, State Personnel and Pensions § 12-201

(a) (1) Except as provided in paragraph (2) of this subsection, the three steps available to a grievant in the grievance procedure are: (i) Step One: the initiation of a grievance procedure; (ii) Step Two: an appeal to the head of the principal unit; and (iii) Step Three: an appeal to the Secretary. (2) If a grievance is based on a performance rating of satisfactory or better: (i) the grievant may appeal the grievance only at Steps One and Two of the grievance procedure; and (ii) a decision at Step Two of the grievance procedure is final. (b) (1) When a grievant's appointing authority is also the head of the principal unit, the grievant shall appeal the Step One decision directly to Step Three of the grievance procedure. (2) If the basis of a grievance is an action taken by the principal unit or by the Department, the parties may agree to proceed to Step Two or Step Three of the grievance procedure as appropriate.

Md. Code, State Personnel and Pensions § 12-203

(a) A grievant may initiate a grievance proceeding by filing a written grievance with the grievant's appointing authority. The grievant shall provide a copy of the grievance to the grievant's supervisor when the grievance is filed. (b) A grievance procedure must be initiated by an employee within 20 days after: (1) the occurrence of the alleged act that is the basis of the grievance; or (2) the employee first knew of or reasonably should have known of the alleged act that is the basis of the grievance. (c) Within 10 days after receiving a grievance, the appointing authority shall hold a conference with the grievant and they shall attempt to resolve the grievance. (d) Within 10 days after the conference, the appointing authority shall issue a written decision to the grievant and may grant any appropriate remedy under § 12-402(a) of this title.

Md. Code, State Personnel and Pensions § 12-204

(a) (1) Within 10 days after receiving a decision under § 12-203 of this subtitle, a grievant or a grievant's representative may appeal the decision in writing to the head of the grievant’s principal unit or designee. (2) An appeal shall include a copy of the decision being appealed. (b) Within 10 days after receiving an appeal, the head of the principal unit or designee shall: (1) review the grievance record; and (2) confer with the grievant and they shall attempt to resolve the grievance. (c) Within 10 days after the conference, the head of the principal unit or designee shall issue a written decision to the grievant and may grant any appropriate remedy under § 12-402(a) of this title.

Md. Code, State Personnel and Pensions § 12-205

(a) (1) Within 10 days after receiving a decision under § 12-204 of this subtitle, a grievant or a grievant’s representative may appeal the decision in writing to the Secretary. (2) An appeal shall include a copy of the decision being appealed and any prior decisions. (b) (1) Within 30 days after an appeal is received, the Secretary or designee shall: (i) review the grievance record; (ii) if the grievance is based on a position reclassification, order an audit of the position if it has not been audited within the last year; and (iii) take the action described in paragraph (2) of this subsection and give the parties written notice of that action. (2) (i) If the Secretary or designee does not concur with the decision of the unit, the Secretary or designee shall attempt to resolve the grievance with a settlement that is binding on all parties. (ii) The Secretary or designee shall determine whether the principal unit that employs the grievant will accept a settlement. (iii) If the grievance is not settled, the Secretary or designee shall refer the grievance to the Office of Administrative Hearings. (c) (1) (i) The Office of Administrative Hearings shall dispose of the grievance or conduct a hearing on each grievance received from the Secretary in accordance with Title 10, Subtitle 2 of the State Government Article. (ii) The Office is bound by any regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy, to the same extent as the Department is or would have been bound if it were hearing the case. (iii) The employee has the burden of proof by a preponderance of the evidence. (2) (i) Within 45 days after the close of the hearing record, the Office of Administrative Hearings shall issue a written decision to the parties and may grant any appropriate remedy under § 12-402 of this title. (ii) The decision of the Office of Administrative Hearings is the final administrative decision. (3) Any costs the Office of Administrative Hearings incurs for the appeal of a grievance to the Office of Administrative Hearings shall be paid by the principal unit that employs the grievant.

Md. Code, State Personnel and Pensions § 12-301

If a grievant's principal unit has established a peer review panel for grievances in accordance with regulations adopted by the Secretary, the grievant may elect to: (1) waive Step Two and Step Three of the grievance procedure; and (2) submit the grievance to the peer review panel after Step One of the grievance procedure.

Md. Code, State Personnel and Pensions § 12-303

(a) After a review, the panel shall issue a written decision to the parties and may grant any appropriate remedy under § 12-402(a) of this title. (b) The decision of the peer review panel is the final administrative decision.

Md. Code, State Personnel and Pensions § 12-401

A decision maker at any step in the grievance procedure shall determine the: (1) proper interpretation or application of the policy, procedure, or regulation involved in the grievance; and (2) appropriate remedy.

Md. Code, State Personnel and Pensions § 12-402

(a) Except as provided in subsection (b) of this section, the remedies available to a grievant under this title are limited to the restoration of the rights, pay, status, or benefits that the grievant otherwise would have had if the contested policy, procedure, or regulation had been applied appropriately as determined by the final decision maker. (b) (1) A decision maker at Step Two or Step Three of the grievance procedure: (i) may order an appointing authority to grant back pay; and (ii) on a finding that wages were withheld in violation of §§ 2–402 and 2–407 of this article, shall order the payment of damages in accordance with § 2–407(c) of this article. (2) (i) In a reclassification grievance back pay may be awarded for a period not exceeding 1 year before the grievance procedure was initiated. (ii) A back pay order under this paragraph is in the discretion of the Secretary and the Office of Administrative Hearings. (3) Subject to the limitations in Title 14, Subtitle 2 of this article, an appointing authority shall carry out a back pay order or damages order issued under this subsection.

Md. Code, State Personnel and Pensions § 12-403

(a) On conclusion of each step of a grievance proceeding, a copy of the grievance and its disposition shall be given to the grievant and the grievant’s representative. (b) A copy of the grievance and disposition required to be provided under subsection (a) of this section may be transmitted electronically.

Md. Code, State Personnel and Pensions § 12-404

(a) An appointing authority, the head of a principal unit, or the Secretary may consolidate multiple grievances filed by one employee and process the grievances in a single proceeding. (b) If the grievants agree, an appointing authority, the head of a principal unit, or the Secretary may consolidate similar grievances and process the grievances together in a single proceeding. (c) The Office of Administrative Hearings may consolidate and process in a single proceeding multiple grievances filed by one employee or similar grievances filed by more than one grievant.

Md. Code, State Personnel and Pensions § 12-405

(a) A grievant and the grievant's representative shall be given reasonable time during work to investigate and process the grievance and to participate at any conference or hearing relating to the grievance. (b) An employee shall be granted release time from the employee's normal work schedule to attend a grievance conference or hearing as a witness. (c) Expenses incurred in connection with attendance by an employee at grievance conferences or hearings, whether as a grievant, as a grievant's representative, or as a witness, shall be borne by that employee's unit.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026