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Discipline Related to Performance


An appointing authority may discipline an employee for reasons related to the employee’s performance including, but not limited to:

• the employee is incompetent or inefficient in the performance of the employee’s duty;

•the employee is an individual with a disability who with a reasonable accommodation cannot perform the essential functions of the position; or

•the employee is not currently qualified for the position.

When an employee has been given an overall rating of “needs improvement” on an end-of-cycle performance appraisal, the employee has 180-days from issuance of the rating to improve to the level of “meets standards”.   Failure to meet standards at the end of the 180-day period shall result in the employee’s termination from State service.

When an employee has been given an overall rating of “unsatisfactory” on an end-of-cycle performance appraisal, the employee has 90-days from issuance of the rating to improve to the level of “meets standards”.   Failure to meet standards at the end of the 90-day period shall result in the employee’s termination from State service.

In addition, an employee may be denied a pay increase (otherwise known as an “increment”) in any year if: the appointing authority has imposed the denial as a disciplinary action under Title 11, Subtitle 1 of the State Personnel and Pensions Article (SPP); or because of an extension of probation under SPP § 7-403, lack of productivity, or excessive, unexcused absenteeism.   An employee may not be denied a pay increase for reasons of performance unless substantial reasons of performance were cited on the employee’s midyear or end-of-cycle performance appraisal forms .