Summary
The Court of Appeals of Maryland held that COMAR 17.04.11.02B(1)(j) does not entitle a State employee to compensation for all time spent traveling from home to a work site other than the assigned office. Applying the incorporated Standard Travel Regulations, the court concluded that the employee's normal commute time must be excluded. The court also held that the grievance remedy was limited to claims arising within 20 days before the grievance was filed and affirmed the judgment of the Court of Special Appeals.
Holdings
- COMAR 17.04.11.02B(1)(j) does not entitle a State employee to compensation for all time spent traveling between home and a work site other than the assigned office. The employee's normal commute time must be deducted under the incorporated Standard Travel Regulations and related State vehicle policies.
- Section 12-203(b) of the Maryland State Personnel and Pensions Article requires the remedy to be limited to compensation for claims existing within 20 days before the employee initiated the grievance.
Questions Presented
- Whether COMAR 17.04.11.02B(1)(j) requires compensation for all time an employee travels directly from home to a work site other than the assigned office, without deducting normal commuting time.
- Whether Maryland law limits a State employee's recovery through the grievance process to claims arising within 20 days before the grievance was filed.
Disposition
affirmed
Cases Cited (21)
- Comptroller of Maryland v. Miller, 169 Md. App. 321, 901 A.2d 229 (2006)(followed)
- Miller v. Comptroller, 395 Md. 56, 909 A.2d 259 (2006)(prior_history)
- Kane v. Board of Appeals of Prince George's County, 390 Md. 145, 887 A.2d 1060 (2005)(followed)
- Annapolis Market Place, L.L.C. v. Parker, 369 Md. 689, 802 A.2d 1029 (2002)(followed)
- Jordan Towing, Inc. v. Hebbville Auto Repair, Inc., 369 Md. 439, 800 A.2d 768 (2002)(followed)
- Board of Physician Quality Assurance v. Banks, 354 Md. 59, 729 A.2d 376 (1999)(followed)
- United Parcel v. People's Counsel, 336 Md. 569, 650 A.2d 226 (1994)(followed)
- Reier v. State Department of Assessments and Taxation, 397 Md. 2, 915 A.2d 970 (2007)(followed)
- Schwartz v. Department of Natural Resources, 385 Md. 534, 870 A.2d 168 (2005)(followed)
- Charles County Department of Social Services v. Vann, 382 Md. 286, 855 A.2d 313 (2004)(followed)
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