Md. Code Regs. 17.04.03.17

Current through Register Vol. 51, No. 24, December 2, 2024

Section 17.04.03.17 - Probation

A. Individuals subject to probation are specified in State Personnel and Pensions Article, § 7-401, Annotated Code of Maryland.

B. Individuals Not Subject to Probation.

(1) An employee who is reinstated within 1 year after separation to a classification in which the employee previously completed a probationary period does not serve a probationary period. If the employee did not complete probation before separation, the employee shall serve a new probationary period.

(2) A contractual employee who transfers to a budgeted position in accordance with State Personnel and Pensions Article, Title 13, Subtitle 3, Annotated Code of Maryland, does not serve a probationary period upon transfer.

(3) A temporary employee does not serve a probationary period.

C. Length of Probation. The length of a probationary period is specified in State Personnel and Pensions Article, § 7-402, Annotated Code of Maryland.

D. Extension of Probation. An appointing authority may extend the period of probation for the length of time and for the reasons specified in State Personnel and Pensions Article, § 7-403, Annotated Code of Maryland.

E. Requirements for Supervisors. Each appointing authority shall require the immediate supervisor of each probationary employee to:

(1) Provide an orientation to familiarize each probationary employee with the operations, practices, and procedures of the unit;

(2) Review with each probationary employee the most current written position description and have the employee certify receipt of a copy;

(3) Confer with the employee about the employee's performance as required by State Personnel and Pensions Article, § 7-404, Annotated Code of Maryland; and

(4) Maintain accurate records and documentation of the above actions.

F. Discipline of Probationary Employees.

(1) Initial appointment.

(a) Following initial appointment to the State Personnel Management System, the provisions of §F(1)(b)-(f) of this regulation apply.

(b) The provisions of this regulation apply to probationary employees in the skilled and professional services pursuant to State Personnel and Pensions Article, §§ 7-401 and 7-402, Annotated Code of Maryland.

(c) The provisions of State Personnel and Pensions Article, § 11-106, Annotated Code of Maryland, control the discipline of a probationary employee for misconduct.

(d) The appointing authority may discipline an employee on probation in accordance with State Personnel and Pensions Article, §§ 11-106, 11-109, 11-111, 11-303, and 11-306, Annotated Code of Maryland, as applicable.

(e) An appointing authority who terminates an employee under this subsection shall do so in accordance with State Personnel and Pensions Article, § 11-303, Annotated Code of Maryland. The appointing authority's notice to the employee shall be in writing with a copy to the Secretary. The appointing authority shall provide notice at least 10 days before the effective date of the termination. The notice shall state the reasons for the termination, the effective date, and the appropriate appeal route. If the termination is for a reason specified in State Personnel and Pensions Article, § 11-105, Annotated Code of Maryland, the appointing authority may disregard the requirement for 10 days notice and immediately submit a written termination notice to the Secretary.

(f) The disciplinary appeal procedures for an employee on probation in the skilled and professional services under this subsection are provided in State Personnel and Pensions Article, § 11-109(b), Annotated Code of Maryland.

(2) Competitive Promotion and Reinstatement.

(a) Following competitive promotion and reinstatement, the provisions of §F(2)(b)-(f) of this regulation apply.

(b) The provisions of this subsection apply to employees in the skilled or professional service but not to employees in the management service or to special appointees.

(c) If, in the appointing authority's judgment, a probationary employee subject to this subsection is unable or unwilling to satisfactorily perform the duties and responsibilities of the position, the appointing authority shall follow the requirements specified in State Personnel and Pensions Article, § 11-304, Annotated Code of Maryland.

(d) This regulation does not preclude an appointing authority from imposing disciplinary action upon an employee on probation under this subsection in accordance with the provisions of State Personnel and Pensions Article, Title 11, Annotated Code of Maryland, and these regulations.

(e) The appointing authority who wishes to terminate an employee on probation under this subsection shall notify the employee in writing at least 10 calendar days before the effective date of the termination, and shall assure that the 10-day period is included within the probationary period. The notice shall state the reasons for the termination, the effective date of the adverse action, and the appropriate appeal route. A copy of the termination form shall be sent to the Secretary.

(f) The disciplinary appeal procedures for employees on probation under this subsection are specified in State Personnel and Pensions Article, § 11-109, Annotated Code of Maryland.

Md. Code Regs. 17.04.03.17

Regulations .17 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; adopted permanently effective September 8, 1997 (24:18 Md. R. 1297)
Regulation .17F amended effective September 15, 2003 (30:18 Md. R. 1260)