(a) If an appointing authority does not report payroll information in accordance with § 2-402 of this subtitle, the employee or the employee's exclusive representative may initiate a grievance under the grievance procedure established under:
(1) Title 12, Subtitle 2 of this article;
(2) Title 13, Subtitle 2 of the Education Article;
(3) Title 14, Subtitle 3 of the Education Article;
(4) § 14-408 of the Education Article;
(5) § 16-510(a) of the Education Article;
(6) § 2-103.4 of the Transportation Article;
(7) any other applicable grievance procedure; or
(8) any other applicable collective bargaining agreement.
Time limits for initiating grievance
(b)(1) Except as provided in paragraph (2) of this subsection, and notwithstanding any statutory or regulatory deadline in any grievance procedure listed under subsection (a) of this section, a grievance under subsection (a) of this section shall be initiated within 20 days after the failure to pay occurred.
(2) If the failure to pay is not known to, or discovered by, the employee within 20 days after the failure to pay occurs, a grievance under subsection (a) of this section may be initiated no later than 6 months after the date on which the failure to pay occurred.
Calculation of damages
(c)(1) Subject to paragraphs (2) and (3) of this subsection, if a grievance is initiated in accordance with subsection (a) of this section, an employee is entitled to wages and damages unless the wage is withheld as a result of a bona fide dispute.
(2) If the grievance was filed:
(i) in the first 3 business days of a pay period, then damages shall start in the following regular pay period; or
(ii) after the third business day of a pay period, then the damages shall start in the second regular pay period following the pay period in which the employee was not paid the employee's full wage.
(3) The damages under paragraph (1) of this subsection:
(i) may not begin until at least 1 regular pay period has elapsed since the employee was not paid the employee's full wage due for a pay period;
(ii) shall increase per pay period by 30% of the wage that the appointing authority failed to report;
(iii) shall continue until the pay period when the appointing authority reports the missing wages and damages, if any, to the Central Payroll Bureau; and
(iv) may not exceed 3 times the amount of wage due that the appointing authority failed to report for a pay period.
Credits
Added by Acts 2017, c. 783, § 1, eff. July 1, 2017. Amended by Acts 2019, c. 664, § 1, eff. June 1, 2019; Acts 2023, c. 231, § 1, eff. Oct. 1, 2023; Acts 2023, c. 232, § 1, eff. Oct. 1, 2023.
MD Code, State Personnel and Pensions, § 2-407, MD ST PERS & PENS § 2-407
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
