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HUMAN RESOURCES MANUAL
FOR MANAGERS AND SUPERVISORS
August 2013
Revised October 2013
Harford County Health Department “Healthy People in a Healthy Environment”
Harford County Health Department - HR Manager’s Manual - October 2013
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Table of Contents
EQUAL EMPLOYMENT OPPORTUNITY – EEO ................................................................................................ 3
AMERICANS WITH DISABILITIES ACT (ADA) .................................................................................................. 3
TYPES OF POSITION CATEGORIES ................................................................................................................. 3
RECRUITMENT PROCEDURES: ....................................................................................................................... 4
INTERVIEW PROCESS ..................................................................................................................................... 5
HIRING PROCEDURE ..................................................................................................................................... 6
NEW EMPLOYEE ORIENTATION MEETING .................................................................................................... 8
Special Payment Conversion to Merit........................................................................................................... 8
EM/TEMP conversion to Special Payments .................................................................................................. 8
Special Payments (SP) Contract Renewals .................................................................................................... 9
RECLASSIFICATIONS ...................................................................................................................................... 9
NON-COMPETITIVE PROMOTIONS ............................................................................................................. 10
Acting Capacity Pay Requests ..................................................................................................................... 10
HOURS OF WORK ........................................................................................................................................ 11
TIMESHEETS ................................................................................................................................................ 11
HEALTH BENEFITS ....................................................................................................................................... 12
RETIREMENT ............................................................................................................................................... 13
LEAVE .......................................................................................................................................................... 14
Call in Procedure - ....................................................................................................................................... 15
EMPLOYEE-TO-EMPLOYEE DONATED LEAVE PROGRAM and the LEAVE BANK.......................................... 16
LEAVE OF ABSENCE WITHOUT PAY (LAW) .................................................................................................. 17
FAMILY MEDICAL LEAVE ACT (FMLA) .......................................................................................................... 17
WORKER'S COMPENSATION ....................................................................................................................... 22
TRAINING .................................................................................................................................................... 23
SEPARATION AND RETURN ......................................................................................................................... 24
PROBATIONARY EVALUATIONS AND PERFORMANCE EVALUATION (PEP APPRAISALS) ............................ 24
EMPLOYER/EMPLOYEE RELATIONS ............................................................................................................. 25
Grievance Procedure: ............................................................................................................................. 26
Grievance Process: .................................................................................................................................. 26
Grievance Rights ..................................................................................................................................... 26
Discipline: ................................................................................................................................................ 27
Employee Counseling: ............................................................................................................................. 27
Harford County Health Department - HR Manager’s Manual - October 2013
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This Human Resources (HR) manual is designed to assist managers and supervisors who have
responsibility for administering human resources processes and policies for their staff. It
provides quick access to important information and resources to help complete day-to-day HR
activities. The manual focuses on core HR functions and should be used as a reference guide.
By reading it and becoming familiar with its contents, you can become better acquainted with the
procedures and policies of the HR functions.
The procedures and policies are based on guidelines set forth by the Department of Health and
Mental Hygiene and the Department of Budget and Management and are subject to change.
Human Resources will notify managers when changes have occurred.
We encourage you to refer to the Harford County Health Department Intranet for HR forms-
http://hchd-web/ and the Department of Health & Mental Hygiene at http://dhmh.maryland.gov/
and the Department of Budget and Management website
http://dbm.maryland.gov/Pages/home.aspx for more information.
If you are uncertain about any contents in this manual, you are encouraged to seek clarification
by speaking to the Human Resources Officer.
Harford County Health Department - HR Manager’s Manual - October 2013
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EQUAL EMPLOYMENT OPPORTUNITY – EEO
It is the policy of the Harford County Health Department (HCHD) that no one shall be denied
employment, selection, appointment, promotion, training or salary increase because of race,
religion, color, political affiliation or opinion, marital status, creed, ancestry, sexual orientation,
gender identity, and expression, genetic information, national origin, age, sex or handicap
(except where age, sex or handicap is a bona fide condition of employment). The Governor's
Code of Fair Practices requires State agencies to adopt an Affirmative Action Plan to further the
cause of equal opportunity in employment. The Health Department's plan is based upon problem
identification and a prescribed course of action designed to address any problems or deficiencies.
Formal complaints of discrimination may be filed with Human Resources at the HCHD, the
DHMH Office of Equal Opportunity Commission (EEOC), the Maryland Human Relations
Commission or the Federal Equal Employment Opportunity Commission (EEOC).
{Ref: DHMH POL. 2.1, 2.13; Gov. Code of Fair Practices; State Personnel & Pensions Article §
3-401-3-410
AMERICANS WITH DISABILITIES ACT (ADA) The ADA prohibits discrimination on the basis of disability in employment, State and local
government, public accommodations, commercial facilities, transportation, and
telecommunications. It also applies to the United States Congress.
To be protected by the ADA, one must have a disability or have a relationship or association
with an individual with a disability. An individual with a disability is defined by the ADA as a
person who has a physical or mental impairment that substantially limits one or more major life
activities, a person who has a history or record of such impairment, or a person who is perceived
by others as having such impairment. The ADA does not specifically name all of the
impairments that are covered.
For complete information on the ADA - http://www.ada.gov/ada_intro.htm
For Maryland’s Policy and Procedure regarding the ADA
http://www.dbm.maryland.gov/eeo/Documents/ReasonableAccommodations.pdf
TYPES OF POSITION CATEGORIES HCHD recruits employees in the following job categories:
Merit – Employee is a permanent State of Maryland employee with an assigned PIN. The
majority of employees hired at HCHD are in skilled and professional service categories.
Harford County Health Department - HR Manager’s Manual - October 2013
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Skilled Service - Employees in this service are hired through competitive employment tests and
screening. This service consists of the majority of state employees.
Professional Service - Employees are hired through competitive screening tests. This service
includes employees who possess an advanced degree or professional license in order to perform
assigned work.
Special Payment (SP) Contractual – Employees are hired on a State of Maryland SP contract.
The services may be needed for a limited time or need to be implemented quickly for which
there is no reasonable alternative. In addition, SP employees are hired when merit position are
not feasible due to budgetary constraints, grant funded, etc. SP contractual employees are on
contract for a minimum of six months. (Note: The supervisor will provide contractual
employees with two weeks notice if contract is ending prior to contract end date).
Emergency/Temporary (EM) – EM is used when the need for services is six months or less.
When temporary employment needs are expected to exceed six months, SP contractual
employment is recommended.
RECRUITMENT PROCEDURES: To fill vacancies within the HCHD the following steps are required:
1. The Program Manager completes the Request to Recruit packet which includes Request
to Hire, MS22 Position Description, and Position Vacancy Announcement (vacancy
announcement is completed Temp/Emergency positions only). The program manager
sends the packet to Human Resources (HR) for approvals. ( http://hchd-web/).
2. The hiring manager will consult Human Resources for advice on establishing the position
before completing Request to Hire under the following circumstances:
a. if the position is new (not replacing an incumbent);
b. if the structure of the department/division has changed; or,
c. if the duties and/or the qualifications of the position have changed significantly.
Merit Positions:
1. Hiring manager submits a Request to Recruit packet and submits to HR for approval
by the Health Officer or designee. The manager will indicate on Request to Recruit
Job Aps Request form if position should be advertised on external websites,
newspapers, professional journals, regional agencies and/or national agencies. The
hiring division pays the cost of the advertisement(s). In addition, the hiring manager
should indicate preferred qualifications and/or specialized training needed for the
position.
2. HR will research the position to ensure that the request to hire is viable for
recruitment, and a vacant Personal Identification Number (PIN) is available for the
job classification requested. If a PIN is not vacant for the job classification, a
reclassification must be processed before the position can be advertised. In addition,
Harford County Health Department - HR Manager’s Manual - October 2013
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a determination will be made to assure that the classification is appropriate based on
the description of duties and that the position is not marked for study.
3. HR will create a State of Maryland Job Aps requisition based on the Request to
Recruit packet and submit to DHMH Recruitment office for processing.
4. Job announcements are advertised for a minimum of two weeks on the State of
Maryland Job Aps system. In addition to Job Aps, job announcements may be
advertised on external job websites, publications, etc. for up to 30 days. The hiring
division’s Program Cost Account (PCA) is charged for external advertisements.
5. After the closing date, the DHMH Recruitment Office screens applicants and creates
an eligible list of qualified applicants and advises the HCHD Human Resources
Office and Program Manager.
6. HR or hiring manager will review the certified list.
7. The hiring manager selects those to be interviewed from the pool of certified
applicants and/or State eligible list for job classification. Please refer to the
Interviewing section for guidelines to interview for a position.
Special Payment Contractual Positions:
1. The manager completes the Request to Recruit packet and sends to HR for approvals.
2. HR will create a State of Maryland Job Aps requisition based on Request to Recruit
packet and send to DHMH Recruitment office for processing. The manager will
indicate on the Request to Recruit Job Aps Request form if the position should be
advertised on external websites, newspapers, professional journals, regional agencies
and/or national agencies. The hiring division pays the cost of the advertisement(s).
Positions are advertised for 2 weeks.
3. After the closing date, DHMH Recruitment will send the applicant list to HR and
Program Manager.
4. HR or hiring manager screens applications to assure the minimum qualifications are
met as specified in the position announcement.
.
Emergency/Temporary:
1. The manager completes the Request to Recruit packet and sends to HR for approvals.
2. A position vacancy job announcement is advertised for two weeks on the HCHD
website.
3. HR coordinates the hiring process with the manager.
INTERVIEW PROCESS 1. Interviews are conducted after the closing date to ensure that qualified applicants are
given fair and equal consideration.
2. The hiring manager or designee is responsible for obtaining interview members and
scheduling interviews with applicants. A minimum of 3 applicants must be interviewed.
3. Any positions, Grade 16 or above, are required to have a diverse, briefed interview panel.
All panel members must complete the on-line DHMH EEO Training prior to the
Harford County Health Department - HR Manager’s Manual - October 2013
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interview. Panel members must meet and review the applications and determine who
they want to interview.
4. Interview questions are based on the Knowledge, Skills, and Abilities (KSA). KSA’s
indicate the requirements of the job classification in terms of existing knowledge, skills,
and abilities based on job classification requirements. Knowledge identifies a recognized
body of information required to perform the work. Skill identifies a required competency
that can be measured or demonstrated. Ability identifies an aptitude or capability
required to perform the work.
5. The hiring manager will email interview questions to HR for approval prior to the
interview.
6. The following forms need to be completed for each interview process. Forms indicated
with an asterisk (*) are required of each applicant interviewed.
Applicant Tracking Log
Equal Employment Opportunity (EEO) Applicant Data Form
Authority for Release of Information (*)
Criminal Conviction Form (*)
Acknowledgement of Receipt of MS22 Position Description (*) - each applicant
should receive a copy of the MS22
Salary Request Letter (*)
Interview Questions
Applicant Screening Form
Final Evaluation Form
Interview Appointment Verification (*optional-for current State employees only)
Note: Forms can be found at: http://hchd-web/
7. At the conclusion of the interview, the hiring manager and/or interview panel members
rate the applicant using the Applicant Screening Form. The hiring manager completes
the Final Evaluation Form. If necessary, the hiring manager may conduct a second
interview and make the final decision.
8. All interview documents will be submitted to HR. HR will retain this information for one
year for audit purposes.
Pre-Employment Tests
Any pre-employment screening tests will comply with legal standards for job-relatedness,
statistical reliability and validity. All tests must be approved by the Human Resources Officer
and be part of the interview packet.
HIRING PROCEDURE
1. The hiring manager will provide HR the Request to Appoint Form (not needed for
Special Payment contractual), 3 professional employment references, education, and
Harford County Health Department - HR Manager’s Manual - October 2013
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licensure documentation for each candidate under consideration. HR may assist with
obtaining education and license verification(s) if needed.
2. All salaries must be finalized and processed based on the State of Maryland Salary
Scale. All candidates should be hired at base or the lowest salary the candidate will
accept. If the hiring manager and/or candidate is requiring above base salary, the
applicable Above Base Request form must be completed. The salary scales can be
found at:
(http://dbm.maryland.gov/employees/Documents/SalaryInfo/standardsalaryscale.pdf)
Note: For Special Payment/EM, the above base salary is not automatically
authorized to offset the lack of health and welfare benefits.
3. Above Base – Hiring above base is only appropriate when there is recruitment
difficulty or when an applicant has exceptional qualifications. Written documentation
must be provided by the hiring manager on the Above Base Form.
4. If the hiring manager and/or applicant is requesting above base salary, the following
guidelines will be adhered to:
No other qualified candidate, with comparable job related KSA’s who would
accept a lower level, is available.
The applicant’s request letter and current pay-stub from the candidate is
required. In addition, an email/letter from the candidate stating the lowest
salary he/she will accept. Under certain circumstances, a candidate may be
hired up to +12% of their current earnings.
If there are any lay-offs on the eligible list, they always have preference
unless the applicant is better qualified.
5. The appropriate forms are completed by the manager and HR. HR advises the hiring
manager or his designee of the appropriate pay for the selected candidate. New hire
documentation has to be approved by DBM for all salary requests that are mid-point
or higher.
6. Special payment contracts – HR Officer can approve if all DBM exemptions are met;
otherwise, the contract packet has to be approved by DBM. Typically, the contract
end date will be June 30 of each year; regardless of start date.
7. HR will conduct applicable preliminary background checks and ensure that all hiring
forms are completed.
8. The hiring manager is responsible for completing employment verifications and
obtaining a valid license.
9. A State of Maryland Criminal Justice background check will be processed on all
employees. The new employee is responsible for obtaining a fingerprint scan from an
authorized agency.
Harford County Health Department - HR Manager’s Manual - October 2013
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NEW EMPLOYEE ORIENTATION MEETING
1. HR will schedule the employee orientation meeting prior to the date of hire or start of the
contract.
2. The employee will complete required documentation/forms.
3. HR reviews the health benefits, retirement, HR Policy Handbook, and mandatory training
with employee.
4. HR will forward the new employee’s Probationary Evaluation Form directly to the
supervisor.
5. HR sends an official offer letter, contingent on verification of CJIS criminal background
check to the new employee.
6. HR and/or DBM Recruitment & Selection Division will notify external applicants who
were interviewed and not selected. The hiring manager will advise internal employees
who were interviewed and not selected.
Supervisor’s responsibility:
1. The supervisor will inform the new employee of divisional call-out procedures and dress
code.
2. The supervisor will make arrangements with the Emergency Preparedness Office to
obtain an HCHD Identification badge.
3. The supervisor will ensure that mandatory training is completed by the new employee.
Special Payment Conversion to Merit
Special payment contractual employees who have worked a minimum of 6 months in his/her
current job classification may be considered for conversion to a merit budgeted position.
Employees are converted to the same job classification. The hiring manager will notify HR at
least 6 weeks in advance to request a conversion.
1. HR verifies that a vacant PIN is available for the job classification and/or the PIN is not
frozen. If no vacant PIN is available, a reclassification packet is processed.
2. The Request to Recruit packet will be completed by the hiring manager.
3. HR ensures that all merit new hire documentation is complete and schedules an
orientation meeting with the employee to complete new hire forms.
EM/TEMP conversion to Special Payments If the hiring manager is planning to convert EM/Temp employee to SP contract, the conversion
effective date must be prior to the 6 month end date.
1. The Request to Recruit form and applicable hiring forms will be completed by the hiring
manager.
2. HR ensures that all documentation is complete and schedules an orientation meeting with
the employee to complete new hire forms.
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Special Payments (SP) Contract Renewals 1. SP contract renewals for existing contractual employees typically occur in the beginning
of June each year, with the new contract required for approval and implementation by
July 1. DBM may limit certain contracts to 6 months.
2. HR will work with the hiring manager to ensure that all forms and documentation are
submitted. The hiring manager will notify HR if requesting a change in job
classification, i.e. Office Clerk I to Office Clerk II.
3. HR will process renewal contract packets and make arrangements to have employees sign
forms.
4. HR will send non-delegated job classifications renewal packets to DBM for processing
and approval.
RECLASSIFICATIONS Reclassification results from a substantial change in the employee's duties, responsibilities, or
functional level of performance sufficient to place the individual into a new job classification or
level without vacating the position, normally resulting in a salary grade increase.
Reclassifications are processed for a merit employee or vacant PIN that has changed to warrant a
new job classification. All reclassification packets require completion of the MS2024, MS22
Position Description, MS44, 1854, and current organization chart (http://hchd-web/ ). The
effective date may not be earlier than 1 year before the date reclassification is authorized.
1. When the manager determines that a merit position requires reclassification due to
substantive changes in the position’s job duties and responsibilities, the manager will
contact the HR Officer.
2. HR Officer and Program Manager will coordinate the preparation of a reclassification
request packet. Non-delegated job classifications are sent to the DBM Salary and
Classification Unit for approval.
For filled merit positions only (RULE 2-Internal hiring procedure):
1. The HR Officer and Program Manager will determine whether or not the new job duties
require a competitive recruitment (i.e., a Rule 2 action).
2. HR Officer will coordinate advertising and recruitment activities with the manager.
3. An internal job announcement will be advertised for 2 weeks. Based on the discretion of
the Program Manager and job classification, the job announcement will be posted in the
Division and/or emailed to all staff.
4. All internal applicants who meet the minimum qualifications will be interviewed.
5. HR Officer will obtain the required forms for the reclassification packet and send to
DBM Salary and Classification Unit (non-delegated job classifications). Reclassification
studies typically take 6-8 weeks for approval by DBM.
6. The HR Officer will conduct the position study for delegated reclassifications.
7. The HR Officer will notify the manager and employee as to the outcome of the
reclassification request.
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NON-COMPETITIVE PROMOTIONS A non-competitive promotion is a personnel transaction which permits employees to advance
from a trainee level to a full performance level in a classification series.
Non-Competitive Promotion Requirements –
Employees must:
a. meet minimum qualifications for the higher level.
b. be satisfactorily performing the full range of duties of the higher level.
c. be recommended by supervisor.
1. The supervisor will submit the following forms to HR for a Non-Competitive
Reclassification:
Non-Competitive Reclassification Form
MS2024
MS44
MS100 State Application
MS22
2. HR will conduct a study and advise the supervisor of approval.
Acting Capacity Pay Requests
There are several reasons for designating a merit employee to work in an acting capacity:
temporary absence of a current employee
vacant position
temporary assignment of higher level duties
1. The Program Manager will complete the Acting Capacity Pay form (http://hchd-web/) and
submit it to HR for review and processing. Acting capacity pay is typically approved in
six month segments. If a merit employee continues to be assigned higher level duties
warranting renewal of the acting capacity pay, the Program Manager will complete the
Acting Capacity Pay form requesting renewal of the acting capacity pay and submit it to
HR.
2. HR will obtain the Health Officer’s approval and send to the DHMH Payroll office for
processing. Requests for temporary assignment of higher level duties require DBM
approval. DBM will inform the HR office of approval. A copy of Acting Capacity Pay
form is sent to the DHMH payroll office and the State Retirement Agency.
3. The Program Manager will contact HR when an acting capacity pay arrangement will be
discontinued.
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HOURS OF WORK Employees work an 8 hour day. The lunch period is an unpaid, non-working 30 or 60 minutes
depending upon your established work schedule. It is mandatory to take a lunch after working
5.5 hours.
Employees are permitted, with the supervisor’s approval (and job duties permit), to (2), 10-
minute breaks. Breaks may not be accumulated and used to extend lunch or leave early.
A normal work week is Monday through Friday, totaling 40 hours.
1. Certain job classifications are eligible for cash overtime payment as defined by the
Department of Budget and Management.
2. Straight time cash payment applies up to 40 hours per week, Wednesday to Tuesday.
3. Employees are compensated for work beyond the 40 hour work week. Compensation is
determined by the employee’s job classification.
Time and one-half cash payment will be paid when an employee works in excess of 40 hours per
week, Wednesday to Tuesday. All overtime requires advance supervisory approval.
-or-
Compensatory time is appropriated when time worked goes beyond the normal schedule and
must be approved in advance by the supervisor. Certain job classifications are eligible for
compensatory time as defined by the Department of Budget and Management.
1. Employees must work at least one-half hour in excess of the regular workday's hours
before compensatory leave is earned/credited.
2. Must be used within a 12-month period.
3. Can be taken only with supervisor's advance approval.
For clarification about which job classifications are eligible for cash overtime or compensatory,
please contact the HR Officer.
TIMESHEETS Pay periods always begin on a Wednesday and end two weeks later on Tuesday. All supervisors
will verify employees have leave before signing timesheets. Supervisors can contact the HR-
Payroll office to verify leave balances of their staff.
Payroll schedules can be found at:
http://comptroller.marylandtaxes.com/Government_Services/State_Payroll_Services/General_Inf
ormation/Payroll_Schedules.shtml
Merit Timesheets
Merit employees use a white timesheet.
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Employees must submit timesheets to the immediate supervisor for signature by the end
of the next day after the pay period ends. When a supervisor signs the timesheet he/she is
indicating that the timesheet is a correct report and the employee has the available leave
to take, if leave is taken.
Supervisors will forward timesheets to Payroll for processing by Friday afternoon of the
pay period end date. If any merit employee is out of leave, the supervisor needs to let
Payroll know by the Friday before the pay period ends because all exceptions are
processed and submitted by the DHMH payroll due dates.
Employees eligible for overtime hours will complete an overtime voucher and obtain the
supervisor’s signature. Overtime requires advance approval by the supervisor.
Special Payment Contractual Payroll Timesheets
Special Payment employees use a pink timesheet.
Employees must submit timesheets to their supervisor for signature the day after the pay
period ends.
Supervisors will forward timesheets to Payroll for processing by Thursday after the pay
period ends for processing. Payroll will accept a faxed copy due to the timing of the mail
pick-up and delivery, but originals must still be sent for follow-up processing.
Special payment payroll is processed the Friday after the pay period ends unless due early
because of holidays.
Emergency (EM)/Temporary Timesheets
Emergency employees use a white timesheet with EM in black written on top.
Employees must submit timesheets to their supervisor for signature the Friday before the
pay period ends.
The supervisor forwards the timesheets to Payroll by 9:00 a.m. Monday morning for
processing. Employees located in offices other than Hays Street can fax a copy to
expedite the process, but must also send the original via courier.
EM payroll is processed the Monday before the pay period ends unless due earlier
because of holidays. Employees will record the times they are scheduled to work for
Monday and Tuesday but, if something prohibits the employee from working the reported
time, the employee’s pay will be adjusted on the next timesheet.
HEALTH BENEFITS Merit employees are eligible to enroll in the following health benefits. Special payments
contractual employees are eligible to enroll but pay as Direct Pay customers, the premium is not
subsidized. The Department of Budget and Management administers the State of Maryland
health benefits program. Detailed information can be found at:
http://dbm.maryland.gov/benefits/Pages/HBHome.aspx
Medical – There are multiple medical plans from which to choose. In general, all
options under each type of plan and carrier cover the same services. However, the
participating provider networks for the plans are different.
Prescription
Harford County Health Department - HR Manager’s Manual - October 2013
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Dental
Flexible Spending Accounts
Term Life Insurance and AD&D
Long Term Care
Wellness Programs
Newly hired employees have 60 days from the effective date to enroll in health benefits. If an
employee does not enroll with insurance when first hired, the next opportunity to enroll will be
during the annual benefit open enrollment period. In order to enroll dependents, dependent
affidavit and verification documentation is needed for each dependent. Enrollments or changes
in enrollment become effective on the 1st or 16
th of the month in which the Employee Benefits
Division receives all the completed enrollment materials.
If a change in the employee's family or marital status requires a change of coverage and the
change involves an addition of one or more dependents, such change must be accomplished by
completing a new enrollment application within 60 days of acquiring the dependent or status
change.
Employees on an approved leave of absence without pay who wish to continue health insurance
while on leave must pay the premiums when due or coverage will be terminated and re-
enrollment will not be possible until the first available open enrollment period.
Employees who resign or are terminated from State service may opt to continue health insurance
for 18 months. This coverage will be at 100% cost to the employee plus 2% administrative cost.
The annual health benefit open enrollment is conducted in the fall each year for benefits to be
effective on January 1. Upon receipt from the Department of Budget & Management, HR will
distribute the health care open enrollment booklets to the Program Managers for their staff.
Each employee is responsible to enroll/change benefits via the Interactive Voice Response (IVR)
system. Documentation for added dependents must be forwarded to HR.
RETIREMENT State Retirement Plan
All permanent full time and part-time employees who work a minimum of 500 hours per fiscal
year are required to be a member in the State Retirement Plan (http://sra.maryland.gov/). Upon
hire, employees will complete the Application for Membership and Beneficiary Designation
forms. HR will complete, notarize and send to the State Retirement Agency for processing.
Maryland Supplemental Retirement Plan (MSRP) https://www.marylanddc.com/iApp/tcm/marylanddc/index.jsp)
Harford County Health Department - HR Manager’s Manual - October 2013
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All State of Maryland merit and special payment contractual employees are eligible to enroll in
the MSRP. This plan offers a variety of retirement plans for employees. Employees decide how
much to contribute from each paycheck toward retirement. The available plans include:
457(b) Deferred Compensation Plan – tax-deferred, available to all State of Maryland
employees, and also includes an after-tax Roth 457 option
401(k) Savings and Investment Plan – tax-deferred, available to all State of Maryland
workers, and also includes an after-tax Roth 401(k) option
LEAVE Annual Leave (Vacation): Employees start to accumulate leave based on the length of their
service. For the first six months, a new employee does not have any annual leave available to
him/her but, it does accrue. At the end of six months, the accrued annual leave will become
available for use. All annual leave must be approved in advance by the employee's supervisor.
Length Of Service Annual Leave No. Hrs. Leave For Each 26
Hrs. Worked
6 mo. to 5 years 10 Days per year 1 Hour
6 - 10 yrs. 15 Days per year 1½ Hours
11 - 20 yrs. 20 Days per year 2 Hours
Over 20 yrs. 25 Days per year 2½ Hours
Note: Special Payments/Contractual employees converting to Merit – length of service is based
on entry on duty date (EOD).
Sick Leave
Employees earn 15 days per year (1½ hours accumulated for each 26 hours worked), unlimited
accumulation. Sick Leave should be conserved and used only in cases of personal illness with
the inability to work or in cases of illness of immediate family members. Reasons to take sick
leave include:
1. Personal sickness, injury, pregnancy, inability to work
2. Illness of immediate family members
3. Medical, dental, or optical examination or treatment
4. Exposure to contagious disease jeopardizing the health of others
5. A licensed medical provider's certificate is required to charge five (5) or more
consecutive days to Sick Leave. Certificates must include a statement by the
licensed medical provider that the employee was "unable to work" during a
specified period of absence.
6. Either parent responsible for the care and nurturing of a newborn or newly
adopted child may take up to 30 days of accrued Sick Leave to care for the child.
Harford County Health Department - HR Manager’s Manual - October 2013
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7. Funeral Leave: Death in an employee's immediate family - maximum of a
total of five (5) days, depending on need, for the following: spouse, children,
including foster and step-children, parents, foster and step-parents, legal
guardians, brothers, sisters, grandparents and grandchildren of the employee or of
the spouse, and other relatives living as a member of the employee’s household.
Employees receive bereavement leave with pay for three (3) of the five (5) days
for the following relatives: employee’s spouse, children including foster and
stepchildren, employee’s parents, foster and step-parents, employee’s brothers
and sisters, employee’s, grandparents and grandchildren.
8. A maximum of one day might be charged to sick leave for death of any other
relative, except cousins.
Personal Leave
Employees are entitled to six days of Personal Leave in any calendar year. It is prorated in the
employee’s first year of state service, depending upon the employee’s date of entry:
Date of Entry between # of Personal Leave Days
January 1 and February 28/29 6
March 1 and April 30 5
May 1 and June 30 4
July 1 and December 31 3
{NOTE: Part-time employees, working less than 50% of the 80 hour pay period, are not eligible
to earn leave.}
Personal Leave may not be accumulated. Any unused personal leave as of the last day of the pay
period of the calendar year or upon termination of employment shall be forfeited. It may be
used for any reason, but it requires the supervisor's to be notified as per the call-in procedure.
Call in Procedure - Employees or their designees must provide notification of absence or anticipated
lateness within the first 30 minutes of the workday. For HCHD, the workday
generally starts at 8:00 am or 8:30 am so notification should be made between 8:00
am and 8:30 am for shifts beginning at 8:00 am and by 9:00 am for those who report
at 8:30 am.
In providing notification of an absence or lateness, an employee must first call the
direct supervisor. If the supervisor is unavailable, the employee should leave a
message on the supervisor’s voice mail. In addition, if the direct supervisor is
unavailable, the employee should call the next person in the chain of command. If
this supervisor is unavailable, the employee should leave a voice-mail message and
continue to call supervisors through the chain of command until a supervisor or
designee is reached.
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The employee is responsible for knowing the name and the telephone number of
the person in the unit to whom the report is made. It is the responsibility of each
employee to report, through the notification procedure, his/her absence from work
because of illness or emergency and the expected date/time of return. Failure to
report may result in possible discipline for being "absent without leave."
The employee or his/her designee must call each day of the absence unless a return to
work date has been established.
Each Director/Supervisor must establish and make available to staff the local call-in
procedure for the unit and maintain a log to record reports of absence, including the name
of employee, name of caller, reason for absence, time of call, expected date of return, and
name of person taking the call.
EMPLOYEE-TO-EMPLOYEE DONATED LEAVE PROGRAM and the LEAVE BANK
All merit employees are eligible to enroll in one or both programs. Employees who have
exhausted all accrued leave and have a serious and prolonged medical condition can utilize leave
from these programs. An employee may not receive more than 2,080 hours of donated leave
from either program during the employee’s State Service. This is contingent upon meeting the
established criteria under both programs. Military Leave Bank-Members of Armed Forces may
also apply for the leave bank when they have an active status.
Unscheduled Absences - Employees may use up to six (6) Personal Leave Days, in a calendar
year for any purpose whatsoever, without prior supervisory approval. However, the supervisor
must be notified of the intended absence within 30 minutes of the employee's normal reporting
time.
Military Leave – Employees are entitled to a maximum of 15 days of leave each calendar year
of ordered military activity. An employee must provide a copy of the military orders.
Accident Leave – Leave is granted to employees who suffer disabling injuries that are
compensable under the Maryland Workers' Compensation Act. During Accident Leave, an
employee receives two-thirds of their regular pay.
Subpoena for Jury Service - Leave with pay given for Jury Duty when service is needed or if
subpoenaed to appear in court or at other legal proceedings provided the employee is neither a
paid witness nor a party to the action.
Merit Examinations/Interviews - Employees are given up to four (4) hours without loss of pay
with advance notice and authorization of the supervisor. Documentation is required.
{Ref: COMAR 06.01.11.16}
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LEAVE OF ABSENCE WITHOUT PAY (LAW)
Employees may apply for up to 30 days leave without pay. Leaves of absence without pay in
excess of 30 days require approval of the Health Officer and are considered separations from
State service. A two-year leave of absence is the maximum permitted.
{Ref: State Personnel & Pensions, Subtitle 11, Section 9-1105}
FAMILY MEDICAL LEAVE ACT (FMLA) The Family Medical Leave Act (FMLA) is a federal law which requires certain employers,
including the State of Maryland, to grant job-protected leave to employees who meet FMLA’s
eligibility requirements. The law entitles eligible employees to an absence of up to a total of 12
workweeks of paid and unpaid leave during a 12-month period for any of the following reasons:
(a) the birth of a child, and to care for the newborn child;
(b) the placement with the employee of a child for adoption or foster care;
(c) necessary care for the employee’s spouse, child, or parent with a serious health condition, or
an adult child who cannot care for himself or herself;
(d) a serious health condition that makes an employee unable to perform the functions of the
employee’s job; serious health condition of the employee’s parent, spouse, or child.
(e) any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or
parent is a covered military member on (or has been notified of an impending call to) “covered
active duty” in the Armed Forces. This provision was effective January 16, 2009 and was
amended on October 28, 2009.
SERVICEMEMBER FAMILY LEAVE OR MILITARY CAREGIVER LEAVE
ENTITLEMENTS
Effective January 28, 2008, entitles an eligible employee who is the spouse, son, daughter, parent
or next of kin of a covered service member to an absence of up to a total of 26 workweeks of
unpaid leave (a covered employer may allow for paid or unpaid leave) in a single 12-month
period for the following reason:
(a) To care for a member of the Armed Forces, including a member of the National Guard or
Reserves, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in
outpatient status, or is otherwise on the temporary disability retired list for a serious injury or
illness; or is a veteran who is undergoing medical treatment, recuperation, or therapy for a
serious injury or illness if the veteran was a member of the Armed Forces at any time during the
period of 5 years preceding the date on which the veteran undergoes that medical treatment,
recuperation, or therapy.
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EMPLOYEE ELIGIBILITY REQUIREMENTS
To qualify under FMLA, an employee must have actually worked at least a total of 12 months
for the State and at least 1,250 work hours during the preceding 12 months. The employee may
be employed as a Special Payment contractual employee.
If a husband and wife both work for the State, they are limited to a combined total of 12
workweeks (or 26 workweeks for service member family leave) for a FMLA absence for: the
birth of their child, the placement of a child with them for adoption or foster care; the serious
health condition of a child of theirs under age 18; or, an adult child who cannot care for himself
or herself.
A FMLA absence taken for the birth of a child or the placement of a child for adoption or foster
care must be taken within the 12 months following the date of birth of placement of child.
State Personnel and Pensions Article, Section 9-505, allows an employee to use up to 30 days of
accrued sick leave, without certification of illness or disability, to care for and nurture a child
immediately after birth or placement for adoption. If two State employees are responsible for the
care and nurturing of a child, immediately following birth or placement for adoption, both
employees in aggregate may use, without certification of illness or disability, up to 40 days, not
to exceed 30 days for one employee, of accrued sick leave to care for the child. This State
allowance for use of leave runs concurrently with FMLA leave.
DEFINITION OF A SERIOUS HEALTH CONDITION
A serious health condition is defined as an illness, injury, impairment or physical or mental
condition that requires inpatient care (an overnight stay) in a hospital, hospice, or residential
medical care facility or continuing treatment by a health care provider. An episode of inpatient
hospitalization is covered regardless of duration. Otherwise, a period of incapacity must be for
more than three consecutive, full calendar days and must also involve one or more of the
following:
1. treatment two or more times, within 30 days of the first day of incapacity, unless extenuating
circumstances exist (CFR §825.115(a)(5)) by a health care provider, by a nurse under direct
supervision of a health care provider, or by a provider of health care services under orders of or
on referral by a health care provider; or
2. treatment by a health care provider at least once which results in a regimen of continuing
treatment under the health care provider's supervision.
A serious health condition also includes any period of absence or incapacity due to any of the
following:
(a) pregnancy or prenatal care;
(b) period of incapacity or treatment for a chronic serious health condition (i.e., asthma, diabetes;
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(c) a permanent or long-term illness requiring supervision by a health care provider, where
treatment may not be effective (e.g., Alzheimer’s, a severe stroke, or the terminal stages of a
disease); or
(d) multiple treatments of an illness, or restorative surgery after an injury, or for a condition that
would likely result in a period of incapacity of more than three consecutive calendar days in the
absence of medical intervention or treatment, such as cancer, chemotherapy, severe arthritis
(physical therapy), kidney disease (dialysis).
INTERMITTENT LEAVE
1. Full-time Employees
A FMLA absence taken to care for a covered relative with a serious health condition or for the
employee's own serious health condition may be taken intermittently or on a reduced work
schedule only when acceptable medical documentation, which supports the medical necessity, is
submitted. An employee shall be required to submit proof that intermittent leave is medically
necessary. When planning medical treatment, an employee seeking to use intermittent leave must
make a reasonable effort to schedule the leave so as not to unduly disrupt the employer’s
operations. This is subject to the approval of the health care provider based upon the medical
necessity for a particular treatment time, but not if it is just a matter of scheduling convenience
for the employee.
If an employee takes leave on an intermittent or reduced leave schedule, only the amount of
leave actually taken counts towards the 12 weeks of leave to which an employee is entitled. For
example, if a fulltime employee who normally works 8-hour days works 4-hour days under a
reduced leave schedule, the employee would use 1/2 week of FMLA leave.
2. Part-time Employees
If an employee works part-time, the amount of leave to which the employee is entitled is
determined on a pro-rata basis by comparing the new schedule with the employee’s normal
schedule. For example, if an employee who normally works 30 hours per week works only 20
hours a week under a reduced leave schedule, the employee’s ten hours of leave would constitute
one-third of a week of FMLA leave for each week the employee works the reduced leave
schedule.
The State requires that employees use paid leave concurrent with FMLA leave relating to birth,
placement of a child for adoption or foster care, care for a spouse, child, or parent who has a
serious health condition, the serious health condition that makes an employee unable to perform
their job, employee who has a qualifying exigency as a covered military member, or employee
caring for a service member. This includes paid sick leave, accrued annual, personal,
compensatory, leave bank (if employee is enrolled), and employee-to-employee donation.
An accidental injury that occurs on the job may meet the FMLA criteria for a serious health
condition. In such a situation, Human Resources will designate the leave as FMLA leave and the
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employee’s 12-week leave entitlement will run concurrently with a workers’ compensation
absence. If a health care provider treating the employee for an on-the-job injury certifies the
employee is able to return to a light duty job but is unable to return to the same or equivalent job,
the employee may decline the employer’s offer of a light duty job. Consequently, the employee
may lose the right to workers’ compensation payments or accident leave, but is entitled to remain
on unpaid FMLA leave until the 12-week entitlement is exhausted. As of the date workers’
compensation benefits or accident leave ceases, the substitution provision applies and the
employer shall require the use of accrued paid leave concurrently with the FMLA leave.
If an employee uses paid leave under circumstances which do not qualify as FMLA leave, the
leave will not count against the 12 weeks of FMLA leave to which the employee is entitled.
Light Duty work does not count against an employee’s FMLA leave entitlement.
EMPLOYEE RESPONSIBILITIES
The employee will provide the Human Resources Officer not less than 30 days notice before the
absence is to begin. As a general rule, 30 days notice shall be required in cases involving the
birth, foster care, or adoption of a child or planned medical treatment for an employee or an
employee's family member's serious health condition, or the planned medical treatment for a
serious injury or illness of a covered service member. In those cases where 30 days notice is not
practicable, or the foreseeable leave is due to a qualifying exigency, an employee, or (in
situations where the employee cannot reasonably be expected to request the leave personally) a
representative of the employee, is required to give notice as soon as both possible and practical,
which should normally be either the same day or the next business day. Absent unusual
circumstances, employees must also follow the usual call-in procedure for reporting an absence,
including any requirement to contact a specific individual.
When the need for leave is not foreseeable, an employee must provide notice as soon as
practicable under the facts and circumstances of the particular case. It generally should be
practicable for the employee to provide notice within the time prescribed by the usual and
customary notice requirements applicable to such leave.
MEDICAL CERTIFICATION REQUIRED
The employee is responsible for providing the Human Resources Officer with complete and
sufficient medical certification of a serious health condition by having the health care provider
complete the appropriate sections of the applicable Healthcare Provider Certification Form. An
employee may provide a medical certification from any of the health care providers enumerated
in State Personnel and Pensions Article, Section 9-504. The employee must provide the
requested FMLA Health Care Provider information within 15 calendar days after the request,
unless it is not practicable.
Regardless of the FMLA leave designation, medical documentation for the use of paid sick leave
is required after the employee is absent for a period that enters into the 5th consecutive
workday, in accordance with State Personnel and Pensions Art., § 9-504.
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MANAGEMENT RESPONSIBILITY
Medical documentation for the use of paid sick leave is required after the employee is absent for
a period that enters into the 5th consecutive workday, in accordance with State Personnel and
Pensions Art., § 9-504. The manager should notify Human Resources.
Human Resources will determine FMLA eligibility and correspond with the employee. If FMLA
is approved, a designation letter will be sent to the employee and the manager will be notified.
JOB RESTORATION UPON RETURN FROM A FMLA ABSENCE
An employee who is returning from an approved FMLA absence must be restored to the same or
an equivalent position. An "equivalent" position is one with equivalent benefits, pay, and other
terms and conditions of employment. An equivalent position must ordinarily be on the same shift
or work schedule as the position held by the employee prior to the FMLA absence and must be
located in a geographically proximate work site.
Management is obligated to place the employee in the same or equivalent position even if the
appointing authority has hired a replacement worker during the FMLA absence. An appointing
authority who eliminates the position of an employee who takes a FMLA absence (e.g., by
redistributing the work to other employees or by eliminating a shift) must be able to show that an
employee would not otherwise have been employed at the time reinstatement is requested in
order to deny restoration to employment.
Prior to returning to work, for the employee's own serious health condition, the employee is
required to provide medical certification from a health care provider indicating that the employee
is fit to resume work. This policy must be uniformly applied to all similarly situated employees,
and the certification may be required only with regard to the particular medical condition that
caused the need for the FMLA absence. Management may also require that the certification
specifically address the employee’s ability to perform the essential functions of the employee’s
job, subject to the requirements of 29 CFR 825.312(b). Any appointing authority requirement for
a fitness for work certification must be job-related, consistent with business necessity. An
appointing authority is not permitted to require second or third fitness for duty certifications.
BENEFITS DURING FAMILY MEDICAL LEAVE
An employee on a FMLA absence does not lose any "employment benefits" accrued prior to the
FMLA absence. The term "employment benefits" is broadly defined to include all retirement,
health, disability, and life insurance benefits as well as sick leave, annual leave, and personal
leave benefits. During an unpaid FMLA absence, the employee shall continue to receive group
health coverage on the same terms and conditions as employees not on FMLA leave, unless the
employee elects not to continue coverage. Group health plans include medical, dental, and other
plans.
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Health Benefits:
An employee on a FMLA absence will continue his/her health coverage under the group health
plan on the same terms as when they were actively working.
If employee is on a paid leave while on FMLA and receiving a paycheck, the State will continue
deducting premiums through payroll deductions. If employee is on unpaid leave, the employee
is responsible for the payment of their share of the premium payments for health insurance
coverage for the duration of FMLA leave. Employee may choose to submit payment due while
on leave or within 30 days upon returning to work.
Leave Accrual & Seniority:
An employee using paid leave is entitled to the accrual of any seniority or employment benefits
that the employee who remained continuously at work would have received (i.e. earning of
annual and sick leave, payment of holiday leave when it occurs, earning of seniority credit, etc.).
If the FMLA absence is unpaid, employees are NOT entitled to the accrual of leave benefits that
an employee who remained continuously at work would have received. An employee who is on
unpaid FMLA leave does not receive payment for a holiday. An employee on paid or unpaid
leave during a FMLA absence is not entitled to any greater rights than an employee who
remained continuously at work (e.g., personal leave accrued during a calendar year will be lost
if not used in accordance with A FMLA absence may not be counted against an employee as a
leave occurrence for attendance control purposes.
FOR MORE INFORMATION - http://www.dbm.maryland.gov/employees/Pages/leave_fmla.aspx
WORKER'S COMPENSATION
EMPLOYEES ARE PROTECTED FOR ACCIDENTAL INJURIES OCCURRING ON THE
JOB PROVIDED THE INJURY FALLS WITHIN THE MEANING OF THE WORKER'S
COMPENSATION LAW.
Accident investigation forms should be filled out by the:
Injured employee: completes the Report of Injury Form.
Supervisor: completes the Accident Investigation Form
Any witness(s) to the Accident: completes the Accident Witness Statement
All forms should be sent to the HR Officer within 24 hours of the injury. For non-threatening
injuries, employees should visit the nearest Concentra - http://www.concentra.com/. However,
employees can visit other Urgent Care facilities if needed.
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An accidental injury that occurs on the job may meet the FMLA criteria for a serious health
condition. In such a situation, HR will designate the leave as FMLA leave and the employee’s
12-week leave entitlement will run concurrently with a workers’ compensation absence.
If a health care provider treating the employee for an on-the-job injury certifies the employee is
able to return to a light duty job but is unable to return to the same or equivalent job, the
employee may decline the employer’s offer of a light duty job. Consequently, the employee may
lose the right to workers’ compensation payments or accident leave.
TRAINING
The Harford County Health Department (HCHD) recognizes the importance of encouraging and
supporting employees in professional development activities. It extends to professional
development opportunities including mandatory trainings, employee workshops, courses, classes,
professional conferences, State sponsored seminars, and on-line learning courses.
MANDATORY TRAINING
Mandatory training is required of all new employees. All new employees and supervisors are
required to complete the on-line Learning Management System (LMS) courses as identified by
the Department of Health and Mental Hygiene, Division of Training & Development. Upon
hire, the training coordinator will set up an account for the employee to access the LMS and
notify the employee of access and instructions. Certificates of completion need to be printed by
the employee and sent to HR for tracking purposes. The Certificate of Completion is the only
documentation needed for new employee training. Supervisors are responsible for assuring
that mandatory training is completed within 30 days of the employee’s initial date of hire.
All training (internal and external) needs to be documented; therefore, a Harford County Health
Department Training Request form needs to be completed when taking courses. Employees
should check appropriate descriptors on the form which can be found at - http://hchd-
web/human-resources/. The Training Request Form is not required for new employee
training; this is the only exception.
Internal training is defined as trainings offered by Harford County Health Department, DHMH,
or Department of Budget and Management, and other State agencies. Training can be on-line or
in person. These trainings are usually announced through emails or listed on the DHMH training
calendar. The employee will complete a Harford County Health Department Training Request
Form which can be found at - http://hchd-web/human-resources/.
External Training is defined as professional development training which is sponsored by
professional organizations, (i.e. conferences, seminars, and workshops). The employee will
complete a Training Request Form and attach supporting documentation. The employee will
contact HR for requests that require hotel booking or travel so that arrangements can be made.
HR will make arrangements and complete the necessary State of Maryland travel forms.
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Training is paid working time for all employees. Prior approval for overtime is required for non-
exempt employees attending training after normal work hours. Employees will indicate the
appropriate training code on their timesheet.
HR is responsible for maintaining a record of employees who complete training courses.
(Reference - HCHD Policy # ADMIN 00-02 Professional Development and Training Policy –
found at: http://hchd-web/policies/ )
SEPARATION AND RETURN Resignation – all employees
Employees must advise the supervisor in writing at least two weeks prior to effective date of
leaving HCHD. The supervisor will notify the HR Officer and submit a Separation Notice.
Lay-Off (merit employees)
Skilled and Professional Service employees may be laid off if the employee’s position is
abolished or discontinued because of lack of work or change in organization.
Employees affected by a layoff must be given 60 day notice prior to the effective date of the
layoff. Names of lay-offs are placed on eligible lists and given employment priority. {Ref: State
Personnel and Pensions, Title 11, Subtitle 2}
Reinstatement (merit employees)
Merit employees who have completed an original probationary period, and resign from State
Service may be reinstated without the need for Merit System examination and be given credit for
previous salary and service, provided the employee returns to active service within three (3)
years from the date of separation from active service.
PROBATIONARY EVALUATIONS AND PERFORMANCE EVALUATION (PEP APPRAISALS)
HCHD expects high standards of performance and conduct from its employees. Therefore,
policies and rules have been established as guidelines for employee conduct. It is the
responsibility of supervisors to (a) maintain an updated MS22 (b) have knowledge of the
organization's policies, rules and procedures; (c) ensure their employees have an understanding
of the conduct, expectations, and rules; and (d) respond to violations of employee conduct in an
appropriate, consistent and impartial manner in keeping with the DHMH Progressive Discipline
guidelines http://www.dbm.maryland.gov/employees/Pages/EmployeeRelations.aspx.
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The performance evaluation process (PEP) is a time to evaluate an employee's performance and
an opportunity to increase the level of communication between the employee and the supervisor.
The following pertains to performance appraisals:
1. After a new merit employee is hired, the HR officer will forward the new employee’s
Probationary Evaluation Form to the hiring manager. The hiring manager will
complete the form after 90 days and forward to HR. Questions regarding extension
of probation and/or termination of the new employee on probation should be directed
as early as possible to the HR Office and/or Director of Administration for
advisement. Following advisement, the hiring manager will then follow-up in a
timely manner, as needed, with the DHMH Employee Relations Department in order
to take any necessary actions.
2. Employees in the Skilled, Professional and Management Services shall be evaluated
at six-month intervals based on the employee's entrance on duty date in state service.
End-of-cycle and Mid-cycle PEP’s will be completed within 30 calendar days of the
initial PEP date. Employees may be rated in one of three categories: Outstanding,
Satisfactory, and Unsatisfactory.
PEPs will be completed as follows:
Mid Cycle End Cycle
EOD January – June June December
EOD July – December December June
3. Employees will be given a minimum of five (5) working days notice prior to the
scheduled PEP evaluation meeting in order to prepare a self-assessment, if they so
choose. Mid-cycle PEP’s can take place in the form of a memo to the employee
instead of a formal meeting.
4. Upon completion of the merit employee’s PEP, the employee and supervisor will sign
the PEP paperwork and the supervisor will submit the completed evaluation to HR
along with the PEP Statistical Data Collection Form (http://hchd-web/).
If the MS22 has changed, a revised copy should be attached to PEP and emailed to
HR.
EMPLOYER/EMPLOYEE RELATIONS
HCHD follows DHMH guidelines on employer/employee relations.
http://www.dbm.maryland.gov/employees/Pages/EmployeeRelations.aspx
These guidelines pertain to any grievance between an employee and the employee’s “employer”
about the interpretation and application of State employee personnel rules, regulations or policies
over which management has control. The State laws, regulations and policies are made available
to employees by the DHMH Office of Human Resources on upon request.
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Grievance Procedure:
The grievance procedure is available to all non-temporary Executive Branch employees in the
State Personnel Management system. The following disputes are not grievable:
1. An oral reprimand or written counseling;
2. A pay grade or range for a classification;
3. The amount or the effective date of a statewide pay increase;
4. The establishment of a classification;
5. The assignment of a classification to a Service category; and
6. The establishment of classification standards
Grievance Process:
Prior to initiating the grievance, the employee must talk to the employee’s supervisor about the
dispute. The employee has 20 days from the time he/she gains knowledge of the complaint to file
an official grievance.
This is a three step process initiated by an aggrieved employee utilizing the "Universal Appeal
and Grievance Form".
The following steps are involved:
STEP 1 - Employee to Appointing Authority
STEP 2 - Employee to Secretary of Department of Health and Mental Hygiene or designee
STEP 3 - Employee to the Department of Budget and Management; if not settled then the
Department of Budget and Management forwards to the Office of Administrative Hearings.
Grievance Rights
1. Representative of Employee's choosing
2. Reasonable amount of release time with prior approval of supervisor
3. Right to appeal decision rendered to the next step.
NOTE: The law provides separate appeal and rebuttal procedures for employee complaints
concerning performance evaluations of “satisfactory” or better and employee counseling
memorandum.
Grievances involving employee performance evaluations of “satisfactory” or better may be
appealed only to the appointing authority, and then, if necessary, to the head of the DHMH
Employee Relations Unit. The decision of the head of the principal unit is final.
A counseling memorandum is not a disciplinary action. The employee is entitled to submit,
within five (5) days of receipt of the memorandum, a written response which will be included
with the counseling memorandum in the employee’s personnel file.
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Discipline:
1. Conduct-related discipline results from some form of employee misconduct, either an action
or inaction of the employee that is a violation of a statute, regulation, policy, directive, or order.
2. Performance-related discipline results from the employee’s pattern of poor work habits or
poor performance of the assigned job duties.
NOTE: An employee who is subject to a disciplinary action may appeal that action to the
Secretary of DHMH or designee within fifteen (15) calendar days after receiving notice from the
Appointing Authority.
Employee Counseling:
Either supervisor or employee in need of employer-employee relations/personnel counseling may
contact the DHMH OHR Employer Relations Unit for assistance – for updated contact
information visit: http://dhmh.maryland.gov/ohr/SitePages/contact.aspx.