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§ 12-402. Remedies

West's Annotated Code of MarylandState Personnel and PensionsEffective: June 1, 2019

West's Annotated Code of Maryland
State Personnel and Pensions (Refs & Annos)
Division I. State Personnel [Titles 1-19]
Title 12. Grievance Procedures in State Personnel Management System (Refs & Annos)
Subtitle 4. Miscellaneous Provisions (Refs & Annos)
Effective: June 1, 2019
MD Code, State Personnel and Pensions, § 12-402
§ 12-402. Remedies
Restoration of rights, pay, status, or benefits of grievant
(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.
Back pay and damages awards
(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.

Credits

Added by Acts 1993, c. 10, § 2, eff. Oct. 1, 1993. Renumbered from State Personnel and Pensions § 10-210 and amended by Acts 1996, c. 347, § 1, eff. Oct. 1, 1996. Amended by Acts 2017, c. 783, § 1, eff. July 1, 2017; Acts 2019, c. 664, § 1, eff. June 1, 2019.
Formerly Art. 64A, § 54.
MD Code, State Personnel and Pensions, § 12-402, MD ST PERS & PENS § 12-402
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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