(a) No entity of State government may prohibit a State employee from engaging in discussion with a member of the General Assembly or from testifying before a legislative committee; provided, however, that an employee may not divulge confidential information, and an employee shall be clear that he or she is not speaking on behalf of an entity of State government.

(b) No State employee shall be subject to discipline, discharge, discrimination, or other adverse employment action as a result of the employee providing information to a legislator or legislative committee; provided, however, that the employee does not divulge confidential information, and that the employee is clear that he or she is not speaking on behalf of any entity of State government. The protections set forth in this subchapter shall not apply to statements that constitute hate speech or threats of violence against a person.

(c) In the event that an appearance before a Committee of the General Assembly will cause an employee to miss work, he or she shall request to be absent from work and shall provide as much notice as is reasonably possible. The request shall be granted unless there is good cause to deny the request. If a request is denied, the decision and reasons for the denial shall be in writing and shall be provided to the employee in advance of the scheduled appearance. The protections set forth in this section are subject to the efficient operation of State government, which shall prevail in any instance of conflict. (Added 2007, No. 128 (Adj. Sess.), § 1, eff. May 13, 2008.)