Town of Chesapeake Beach, MD Article VIII Changes in Employee Status

§ 50-29 Demotion.

A demotion without prejudice may be approved by the Mayor upon the recommendation of the department head together with the employee's written consent to the action and concurrence with the established salary. For the demotion to occur, there must be an appropriate position vacant in a lower pay range or the department head and Mayor must agree to convert the employee's position to a lower grade and different title. A demotion may also be effectuated if an employee applies and is selected for a vacant position of a lower grade level through the normal recruitment process.

§ 50-30 Transfer.

A. Upon written approval of the Mayor, a department head may, at any time, transfer an employee to a position of the same grade in the same department.

B. An employee may request a transfer to a position of the same grade through the normal recruitment process.

§ 50-31 Detail.

Upon the approval of the Mayor, a department head may detail an employee in accordance with the provisions of § 50-48, Other salary adjustments, of this Division A. If two department heads are involved, both must concur. Employee consent is required for details in excess of 60 days. This is not to be construed to prohibit the normal assignment of other duties, without additional compensation, in the absence of an official detail in order to meet the Town's needs.

§ 50-32 Disability.

A. Whenever the Mayor or a department head has reason to believe that an employee's health is impeding the employee's ability to perform the essential functions of his or her job, the Mayor or department head may require the employee to undergo a medical examination by a licensed physician employed or retained by the Town and produce related medical records.

B. Where an employee who is failing to perform the essential functions of his or her job refuses to undergo a medical examination or produce medical records when directed to do so by the employee's department head or the Mayor, the disciplinary actions, up to and including the initiation of a dismissal action against the employee, may be instituted for the employee's failure to perform the essential functions of his or her job.

C. Where any such employee undergoes a medical examination and the results thereof indicate that the employee has a correctable impairment which is temporary in nature, the employee's department head or the Mayor shall attempt to detail other duties, tasks, and responsibilities to said employee during the period of the employee's temporary impairment; provided that any such detail normally shall be for a maximum period of 180 calendar days and shall constitute the duties, tasks, and responsibilities which the employee is capable of performing during the period of temporary impairment, as determined by the examining physician.

D. In the event the employee claims that his or her temporary impairment is not corrected at the end of the one-hundred-eighty-day detail period, the employee will undergo another medical examination by a licensed physician employed or retained by the Town. If the examining physician determines that the employee is able to return to work and capable of performing the essential functions of his or her job with or without reasonable accommodation and the employee fails to return to work, the department head or Mayor may initiate a dismissal action against the employee. If the examining physician determines that, although the temporary impairment has not yet been corrected, he or she expects that it will be corrected by a specified date, no later than 30 days from the date of his or her examination, an extension of the detail period to that date will be given. However, if the examining physician determines that the impairment has become permanent and the employee is permanently disabled and unable to perform the essential functions of his or her job with or without reasonable accommodation, the procedures set forth below for employees with permanent disabilities shall apply.

E. Where the employee undergoes a medical examination and the results indicate the employee is permanently disabled and is unable to perform the essential functions of his or her job with or without reasonable accommodation, the Mayor or department head shall attempt to transfer the employee to a vacant position with comparable pay for which he or she is qualified and for which he or she can perform the essential functions of the job with or without reasonable accommodation. If there is no such position available, the employee may be transferred to a vacant position with lesser pay for which he or she can perform the essential functions of the job with or without reasonable accommodation. If no such position is available, the department head may then initiate a dismissal of the employee.

F. This section is not intended to displace any rights or obligations of the employee or employer as set forth elsewhere in this Division A.