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Procedural Information
The
following description is meant only to be Office of Human
Resources attempt to give DHMH employees a broad overview of
the grievance process, describing the general responsibilities
of both management and the employee in the grievance process.
If an employee does not understand the timelines and
requirements of the grievance process, outside help should be
secured to protect the employee’s rights.
DHMH Office
of Human Resources encourages all parties to settle any
disputes between management and employees in the workplace within the unit. If an employee feels that
they have been treated unfairly or have a grievance with their
employer, they are encouraged to attempt to resolve the issue
by sitting down and talking to their employer. If there is
not a satisfactory outcome from the discussion, the following
procedures can be used to resolve the dispute.
For further information, contact the
EMPLOYEE RELATIONS DIVISION, DHMH, 410-767-5466
SOURCE:
Employer-Employee Relations Guidelines, Prepared by the
Employee Relations Division, Revised November, 2001.
Steps in the Grievance
and Disciplinary Appeal Process
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Grievances consist of 3 steps: (1) the employee initiates the grievance procedure by filing a
written grievance with the grievant’s appointing authority;
(2) appeal to the principal unit; and (3) the grievant may
appeal the decision of the principal unit to the Secretary of
the Department of Budget and Management for settlement. If
the grievance is not settled, it will be referred to the
Office of Administrative Hearings.
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A
Disciplinary appeal is a step-two process:
(1) the employee files an appeal of a disciplinary action to
the head of the principal unit; and (2) if the employee’s
appeal is denied, he may appeal the decision to the Secretary
of the Department of Budget and Management for settlement.
If
the disciplinary action is not settled, it will be referred to
the Office of Administrative Hearings.
Orientation
Counseling
- “Motivational
coaching” that highlights an area which the employee is either
deficient or proficient.
- If counseling
relates to an employee’s deficiency in an area and is in
writing, the letter should state that it is a “letter of
counseling” or “memorandum of counseling.” Also counseling
should have a line for the employee signature signifying that
the employee received the counseling.
- If placed in the
employee’s personnel file, the employee has 5 days from the
date of receipt to place a written response in the file.
The
response is attached to the counseling.
Steps in the Grievance
and Disciplinary Appeal Process
- Grievances
consist of 3 steps: (1) the employee initiates the grievance
procedure by filing a written grievance with the grievant’s
appointing authority; (2) appeal to the principal unit; and
(3) the grievant may appeal the decision of the principal unit
to the Secretary of the Department of Budget and Management
for settlement. If the grievance is not settled, it will be
referred to the Office of Administrative Hearings.
- A Disciplinary
appeal is a step-two process: (1) the employee files an
appeal of a disciplinary action to the head of the principal
unit; and (2) if the employee’s appeal is denied, he may
appeal the decision to the Secretary of the Department of
Budget and Management for settlement. If the disciplinary
action is not settled, it will be referred to the Office of
Administrative Hearings.
Disciplinary Actions
- The appointing
authority or designee must complete 4 steps prior to
implementing any disciplinary action against an employee:
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Investigate the
alleged misconduct (the appointing authority may actively
investigate or “ratify” the investigation of another by
thoroughly reviewing the results of the investigation);
- Consider
mitigating circumstances (union representative for
bargaining unit may be present at the conference);
- Determine the
appropriate disciplinary action,
if any, to be imposed; and
- Give the
employee a copy of the Notice of Disciplinary Action
(MS-4A); the employee’s appeal rights are on the form.
Written Reprimands
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Must be issued
within 30 calendar days from the date that the appointing
authority gains knowledge of the incident triggering the
discipline.
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Complete the 5
steps Æ
investigate, meet, consider mitigation, determine the
appropriate discipline, and provide MS-4A.
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Date the
reprimand for the date that you are delivering it to the
employee.
Forfeiture of Annual Leave
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The annual leave
must be deducted from the employee’s account within 30
calendar days of the appointing authority’s knowledge of the
incident that triggers the discipline.
- An appointing
authority or designee may require an employee to forfeit up to
15 days of accrued annual leave per occurrence.
- Complete the 5
steps Æ investigation, meet, consider mitigation, determine the
appropriate discipline, and provide MS-4A.
Suspension without pay
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Must be done
within 5 workdays following the close of the employee’s next
shift after the appointing authority gained knowledge of the
incident triggering the suspension (excludes Saturdays,
Sundays, legal holidays, employee leave days).
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Complete the 5
steps Æ
investigate, meet, consider mitigation, determine the
appropriate discipline, and provide MS-4A.
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If the employee
is comp-time eligible, you must suspend for a minimum of 5
days or a multiple of 5 days, and the suspension must begin on
a Wednesday.
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Do not send an
employee home without giving the employee his appeal rights in
writing.
Denial of Annual Pay Increase
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Must be
initiated within 30 calendar days of the incident triggering
the denial of pay increase.
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Usually done in
conjunction with the employee’s PEP (less than meets standard)
or can be done for a serious incident.
Demotion
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Must occur
within 30 calendar days of the incident triggering the
demotion.
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For employees
who are demoted after reinstatement or competitive promotion,
demote the employee to his former position or a comparable
position.
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Complete the 5
steps Æ
investigate, meet, consider mitigation, determine the
appropriate discipline, and provide MS-4A.
Termination
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An employee must
be terminated within 30 calendar days of the appointing
authority’s gaining knowledge of the incident triggering the
termination.
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The 5 steps must
be completed Æ
investigate, meet, consider mitigation, determine the
appropriate discipline, and provide MS-4A.
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The Secretary
must sign-off on all terminations; therefore, he must receive
the Notice of Termination along with a copy of the
investigation, and return it to the appointing authority
before the 30 day deadline.
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The employee
must be handed the Notice of Termination with all appropriate
signatures and a copy of the investigative results within the
30 day deadline with an effective date of termination
that must also be within the 30 day deadline.
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