Mihailovich v. Department of Health & Mental Hygiene

In this appeal we shall resolve conflicting interpretations of the “five workdays” requirement of Maryland Code (1993, 2015 Repl. Vol.) State Personnel & Pensions, Section ll-106(c) (“SPP”) as that term pertains to the disciplinary suspension of a State employee.

The issue before us, which we have recast, is:

Whether the Department of Health and Mental Hygiene (“DOH”), 1 appellee, gave timely notice of a suspension without pay to appellant, Kevin Mihailovich. 2

We shall hold that the DOH did not give timely notice pursuant to the statute; hence, we shall reverse the judgment of the Circuit Court…