Md. Code, Labor and Employment § 8.3-403 — MD Code / Article gle / Title 8.3 / Subtitle 4 / Section 8.3-403
§8.
Status: in_force

§8.3–403.

(a) The Secretary, in consultation with other State agencies and relevant stakeholders, shall:

(1) subject to subsection (b) of this section, adopt regulations necessary to carry out this title;

(2) establish procedures and forms for filing claims for benefits, including:

(i) procedures for notifying an employer within 5 business days after any of the following occurs:

1. an employee files an electronic application regarding a claim for benefits;

2. an employee’s paper application regarding a claim for benefits is processed;

3. a determination regarding a claim for benefits is made;

4. an appeal for a determination regarding a claim for benefits is filed; or

5. a change is made to a determination regarding a claim for benefits; and

(ii) notices of elections by self–employed individuals for benefits under § 8.3–201 of this title;

(3) establish procedures and forms for electronic filing of reports, notices, and other required documents by employers;

(4) use information–sharing and integration technology to facilitate the disclosure of relevant information or records needed for the administration of this title; and

(5) subject to subsection (d) of this section, carry out a public education program.

(b) The regulations adopted under subsection (a)(1) of this section shall be consistent with regulations adopted to implement the federal Family and Medical Leave Act and any relevant State laws to the extent that the adopted regulations do not conflict with this title.

(c) (1) Subject to paragraph (2) of this subsection, a covered individual under § 8.3–302(2), (3), (4), or (5) of this title shall provide certification for a claim for benefits under this title.

(2) A certification for a claim for benefits for a covered individual under § 8.3–302(2), (3), or (4) of this title shall include:

(i) for the purpose of supporting the claim for benefit payments, the first date on which the covered individual took or intends to take leave from employment and whether the leave will or is intended to be taken for a continuous period of time or intermittently;

(ii) the date on which the serious health condition of the family member, covered individual, or service member commenced;

(iii) the probable duration of the serious health condition;

(iv) the appropriate facts related to the serious health condition within the knowledge of the licensed health care provider;

(v) 1. for a claim for benefits under § 8.3–302(2) of this title, a statement that the covered individual needs to care for a family member and an estimate of the amount of time required to provide the care; or

2. for a claim for benefits under § 8.3–302(3) of this title, a statement that the covered individual is unable to perform the functions of the covered individual’s position; and

(vi) 1. for a certification for intermittent leave under § 8.3–302(2) or (4) of this title, a statement that the covered individual needs to care for a family member or eligible service member and the expected frequency and duration of the intermittent leave; or

2. for a certification of intermittent leave under § 8.3–302(3) of this title, a statement that the covered individual is unable to perform the functions of the covered individual’s position and the expected frequency and duration of the intermittent leave.

(3) The Secretary shall establish:

(i) standards in regulation for the certification of claims for benefits under § 8.3–302(5) of this title;

(ii) standards for verifying the identity of a family member or next of kin for a claim for benefits under § 8.3–302(2), (4), or (5) of this title; and

(iii) procedures for an employer to provide evidence of suspected fraud to the Secretary.

(d) (1) The Secretary may use a portion of the funds paid under § 8.3–601 of this title or other available funding to pay for and carry out the requirements under subsection (a)(5) of this section.

(2) Materials used in the public education program required under subsection (a)(5) of this section shall be made available in English and Spanish.

(e) The Secretary may use a portion of the funds paid under § 8.3–601 of this title or other available funding to award grants to facilitate community partnerships in amounts that, in the aggregate, do not exceed the amount appropriated in the Department’s annual budget for this purpose.
Md. Code, Labor and Employment § 8.3-905 — MD Code / Article gle / Title 8.3 / Subtitle 9 / Section 8.3-905
§8.
Status: in_force

§8.3–905.

(a) If an employee or the Department believes that an employer, a self–employed individual, or an insurer has violated this title or regulations adopted by the Department under this title, the employee or the Department may file a written complaint with the Secretary’s designee.

(b) (1) Within 90 days after the receipt of a written complaint, the Secretary’s designee shall conduct an investigation and attempt to resolve the issue informally through mediation.

(2) (i) If the Secretary’s designee is unable to resolve an issue through mediation during the period stated in paragraph (1) of this subsection and the Secretary’s designee determines that an employer has violated this subtitle, the Secretary’s designee shall issue an order.

(ii) An order issued under subparagraph (i) of this paragraph:

1. shall describe the violation;

2. shall direct, if appropriate, the recovery of lost wages and damages equal to the amount of wages, salary, employment benefits, or other compensation denied or lost, and any actual economic damages;

3. may, in the Secretary’s discretion, seek reinstatement or the hiring of employees with or without back pay; and

4. may, in the discretion of the Secretary’s designee, assess a civil penalty of up to $1,000 for each employee for whom the employer is not in compliance with this title.

(3) The actions taken under paragraphs (1) and (2) of this subsection are subject to the hearing and notice requirements of Title 10, Subtitle 2 of the State Government Article.

(c) (1) Within 30 days after the Secretary issues an order, an employer shall comply with the order.

(2) If an employer does not comply with an order within the time period stated in paragraph (1) of this subsection:

(i) the Secretary may:

1. with the written consent of the employee, ask the Attorney General to bring an action on behalf of the employee in the county where the employer is located; or

2. bring an action to enforce the order for the civil penalty in the county where the employer is located; and

(ii) within 3 years after the date of the order, an employee may bring a civil action to enforce the order in the county where the employer is located.

(3) If an employee prevails in an action brought under paragraph (2)(ii) of this subsection to enforce an order, the court may award:

(i) three times the value of the employee’s lost wages and damages equal to the amount of wages, salary, employment benefits, or other compensation denied or lost;

(ii) punitive damages in an amount to be determined by the court;

(iii) reasonable counsel fees and other costs;

(iv) injunctive relief, if appropriate; and

(v) any other relief that the court deems appropriate.
Md. Code, Labor and Employment § 8.3-402 — MD Code / Article gle / Title 8.3 / Subtitle 4 / Section 8.3-402
§8.
Status: in_force

§8.3–402.

The Secretary may delegate to an employee of the Department any power or duty that is reasonable and proper for the administration of this title.
Md. Code, Labor and Employment § 8.3-801 — MD Code / Article gle / Title 8.3 / Subtitle 8 / Section 8.3-801
§8.
Status: in_force

§8.3–801.

(a) An employer shall provide written notice to each employee of the rights and duties of an employee under this title at the time of hire and annually thereafter.

(b) (1) When an employee requests leave under this title, or when an employer knows that an employee’s leave may be for a reason under § 8.3–302 of this title, the employer shall notify the employee of the employee’s eligibility to take leave for which benefits may be paid under this title within 5 business days.

(2) The notice provided under paragraph (1) of this subsection shall include:

(i) the right of a covered employee to receive Program benefits under this title;

(ii) the procedure for filing a claim for benefits;

(iii) a covered employee’s responsibilities with respect to providing notification prior to the commencement of leave and any penalties for failing to do so;

(iv) the right of an employee to file a complaint for alleged violations of this title;

(v) the right of a covered employee to job protection; and

(vi) a description of the prohibited acts, penalties, and complaint procedures under Subtitle 9 of this title.

(c) (1) The Department shall develop standard notices for an employer to use under this subtitle.

(2) The notices required under this subtitle shall be provided in accordance with regulations adopted by the Secretary.
Md. Code, Labor and Employment § 8.3-202 — MD Code / Article gle / Title 8.3 / Subtitle 2 / Section 8.3-202
§8.
Status: in_force

§8.3–202.

This title may not be construed to diminish an employer’s obligation to comply with a collective bargaining agreement or an employer policy that allows an employee to take leave for a longer period of time than the employee would be able to receive benefits under this title.
Md. Code, Labor and Employment § 8.3-502 — MD Code / Article gle / Title 8.3 / Subtitle 5 / Section 8.3-502
§8.
Status: in_force

§8.3–502.

(a) The Secretary shall administer the Fund.

(b) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(c) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
Md. Code, Labor and Employment § 8.3-505 — MD Code / Article gle / Title 8.3 / Subtitle 5 / Section 8.3-505
§8.
Status: in_force

§8.3–505.

A check that is issued to pay benefits or refunds shall:

(1) bear the signature of the Secretary; and

(2) be countersigned by an authorized agent.
Md. Code, Labor and Employment § 8.3-903 — MD Code / Article gle / Title 8.3 / Subtitle 9 / Section 8.3-903
§8.
Status: in_force

§8.3–903.

If an employer or a self–employed individual fails to pay the contributions due to the Fund, the Secretary may, in accordance with § 8.3–404 of this title:

(1) assess the amount of contributions and interest due;

(2) make an additional assessment in an amount not to exceed two times the contributions withheld, as a penalty for failure to pay the contributions due; and

(3) order an audit of the employer for the immediately following fiscal year to investigate and determine compliance with this title and Titles 3, 8, and 9 of this article.
Md. Code, Labor and Employment § 8.3-404 — MD Code / Article gle / Title 8.3 / Subtitle 4 / Section 8.3-404
§8.
Status: in_force

§8.3–404.

(a) Subject to § 8.3–905 of this title, to enforce this title, the Secretary may:

(1) conduct an investigation under this title, on the Secretary’s own initiative or on receipt of a written complaint;

(2) administer an oath;

(3) certify to an official act;

(4) take a deposition;

(5) issue a subpoena for the attendance of a witness to testify or the production of books, correspondence, memoranda, papers, or other records; and

(6) bring a civil action in the county where the violation allegedly occurred.

(b) (1) A subpoena issued under subsection (a)(5) of this section shall be served in any manner in which a subpoena of a court may be served.

(2) If a person fails to comply with a subpoena issued under subsection (a)(5) of this section on a complaint filed by the Secretary, the circuit court for the county where the investigation is being conducted or where the person resides, is present, or transacts business may issue an order directing compliance with the subpoena or compelling testimony.

(3) (i) Subject to subparagraph (ii) of this paragraph, a person may not be excused from complying with a subpoena issued under subsection (a)(5) of this section on the ground that the evidence or testimony required may tend to incriminate the person or subject the person to a forfeiture or penalty.

(ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, after claiming the privilege against self–incrimination, a person may not be prosecuted or subjected to any forfeiture or penalty because of any matter, thing, or transaction about which the person is compelled to produce evidence or testify.

2. If the person commits perjury while giving testimony, the person is subject to prosecution for that offense.
Md. Code, Labor and Employment § 8.3-703 — MD Code / Article gle / Title 8.3 / Subtitle 7 / Section 8.3-703
§8.
Status: in_force

§8.3–703.

(a) For the purposes of this section:

(1) the covered employee’s average weekly wage shall be calculated as the total wages received by the covered employee in the highest of the previous four completed calendar quarters that immediately precede the anchor date and for which quarterly reports have been required, divided by 13; and

(2) the State average weekly wage shall be the wage calculated under § 9–603 of this article.

(b) (1) Subject to paragraphs (2) and (3) of this subsection, the weekly benefit amount payable to a covered employee under this title shall be:

(i) if the covered employee’s average weekly wage is 65% or less of the State average weekly wage, 90% of the covered employee’s average weekly wage; or

(ii) if the covered employee’s average weekly wage is greater than 65% of the State average weekly wage, the sum of:

1. 90% of the covered employee’s average weekly wage up to 65% of the State average weekly wage; and

2. 50% of the covered employee’s average weekly wage that is greater than 65% of the State average weekly wage.

(2) The benefit paid under this title and any additional paid leave cannot total more than 100% of the covered employee’s average weekly wage.

(3) The weekly benefit amount payable under paragraph (1) of this subsection:

(i) shall be at least $50; and

(ii) may not exceed:

1. for the period beginning on the date announced by the Secretary under § 8.3–701(a)(1) of this subtitle and ending December 31, 2028, both inclusive, $1,000; and

2. for the 12–month period beginning January 1, 2029, and each subsequent 12–month period, the amount determined and announced by the Secretary under paragraph (4) of this subsection.

(4) (i) In this paragraph, “Consumer Price Index” means the Consumer Price Index for All Urban Consumers for the Washington–Arlington–Alexandria, DC–VA–MD–WV metropolitan area or a successor index published by the federal Bureau of Labor Statistics.

(ii) Subject to subsection (e) of this section, for the 12–month period beginning January 1, 2029, and each subsequent 12–month period, the maximum weekly benefit amount shall be increased by the amount, rounded to the nearest cent, that equals the product of:

1. the maximum weekly benefit amount in effect for the immediately preceding 12–month period; and

2. the annual percentage growth in the Consumer Price Index for the immediately preceding 12–month period, as determined by the Secretary under subparagraph (iii)1 of this paragraph.

(iii) Beginning September 1, 2028, and on each subsequent September 1, the Secretary shall determine and announce:

1. the annual percentage growth, if any, in the Consumer Price Index based on the most recent 12–month period for which data are available on September 1; and

2. the maximum weekly benefit amount effective for the 12–month period beginning the immediately following January 1.

(c) (1) Except as provided in paragraph (2) of this subsection, an increase in the weekly benefit amount under subsection (b)(4) of this section applies only to an application year with an anchor date that occurs on or after the date the increase becomes effective.

(2) If the leave for which benefits are being paid is being taken intermittently, an increase in the weekly benefit amount shall apply to a claim for benefits as specified in regulations adopted by the Department.

(d) The Department shall:

(1) notify the employer of a covered individual within 5 business days after the covered individual files a completed application for benefits under this title;

(2) notify the covered individual within 5 business days after the individual files an application, if the application is considered to be incomplete under § 8.3–701(b)(2) of this subtitle due to missing information that is necessary to complete the claim;

(3) approve or deny the claim and notify the covered individual and the covered individual’s employer within 10 business days after the covered individual files the completed application;

(4) make the first payment of benefits to a covered individual within 5 business days after the completed application is approved or the leave has started, whichever is later; and

(5) make subsequent payments at least every 2 weeks until the benefit period ends.

(e) (1) In this subsection, “Board” means the Board of Public Works.

(2) Subject to paragraph (4) of this subsection, on or before September 1 each year, beginning in 2028, the Board shall determine whether the seasonally adjusted total employment from the Current Employment Statistics series as reported by the U.S. Bureau of Labor Statistics for the most recent 6–month period is negative as compared with the immediately preceding 6–month period.

(3) (i) Subject to paragraph (4) of this subsection, the Board may temporarily suspend an increase in the maximum weekly benefit specified under subsection (b)(3)(ii) of this section if the Board determined under paragraph (2) of this subsection that the seasonally adjusted total employment is negative.

(ii) If the seasonally adjusted total employment is negative, the Board may consider the performance of State revenues in the immediately preceding 6 months, as reported by the Office of the Comptroller, in determining whether to temporarily suspend an increase to the maximum weekly benefit specified under subsection (b)(3)(ii) of this section.

(4) If the Board temporarily suspends an increase to the maximum weekly benefit specified under subsection (b)(3)(ii)2 of this section:

(i) the maximum weekly benefit in effect for the period beginning the following January 1 shall remain the same as the rate that was in effect for the immediately preceding 12–month period; and

(ii) the Board shall notify the Secretary that the maximum weekly benefit increase for the period beginning the following January 1 is suspended for 1 year.

(f) The Department shall announce the increase to the maximum weekly benefit specified under subsection (b)(3)(ii) of this section.
Md. Code, Labor and Employment § 8.3-406 — MD Code / Article gle / Title 8.3 / Subtitle 4 / Section 8.3-406
§8.
Status: in_force

§8.3–406.

(a) On or before October 1 each year, the Secretary shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly an annual report on the administration and operation of the Program during the immediately preceding fiscal year.

(b) The annual report shall include information regarding:

(1) actual Program participation rates that includes:

(i) the number of claims for benefits submitted, both in total and for each category listed in § 8.3–302 of this title;

(ii) the number of claims included under item (i) of this item broken down by:

1. jurisdiction;

2. race and ethnicity;

3. gender;

4. zip code; and

5. age;

(iii) the number of claims for benefits approved, both in total and for each category listed in § 8.3–302 of this title;

(iv) the number of claims included under item (iii) of this item broken down by:

1. jurisdiction;

2. race and ethnicity;

3. gender;

4. zip code; and

5. age;

(v) the total number of claims for benefits denied, both in total and by category listed in § 8.3–602 of this title; and

(vi) the number of claims included under item (v) of this item broken down by:

1. jurisdiction;

2. race and ethnicity;

3. gender;

4. zip code; and

5. age;

(2) projected participation rates;

(3) contribution rates;

(4) projected and actual Fund balances;

(5) public outreach and technical assistance efforts, including any grants issued under § 8.3–403(d)(1)(ii) of this subtitle;

(6) all enforcement efforts;

(7) the number and status of complaints under Subtitle 9 of this title;

(8) the costs of administering the Program attributable to each of the following:

(i) employers;

(ii) employees of employers;

(iii) self–employed individuals; and

(iv) the State;

(9) the State agencies and relevant stakeholders that were consulted as required under this title; and

(10) the capability and capacity of the Department to administer the Program as compared to the findings and recommendations of the capability and capacity study completed under § 5 of Chapter 48 of the Acts of the General Assembly of 2022.

(c) The reporting requirement established under subsection (a) of this section does not apply to an employer that has a private employer plan described in § 8.3–705 of this title.
Md. Code, Labor and Employment § 8.3-601 — MD Code / Article gle / Title 8.3 / Subtitle 6 / Section 8.3-601
§8.
Status: in_force

§8.3–601.

(a) (1) (i) Beginning January 1, 2027, each employee of an employer and each employer with 15 or more employees shall contribute to the Fund.

(ii) The total rate of contribution established under this section for employees and employers described in subparagraph (i) of this paragraph:

1. may not exceed 1.2% of an employee’s wages; and

2. shall be applied to all wages up to and including the Social Security wage base.

(2) Each self–employed individual participating in the Program shall contribute to the Fund in accordance with regulations adopted under § 8.3–201(c) of this title.

(b) (1) Subject to subsection (a)(1)(ii) of this section, on or before May 1, 2026, the Secretary shall set the total rate of contribution based on available cost analyses of the Program.

(2) The rate set under paragraph (1) of this subsection shall be in effect for the period from January 1, 2027, to December 31, 2027, both inclusive.

(c) (1) On or before October 1 each year, beginning in 2027, the Secretary shall conduct a cost analysis of the Program that is focused on the cost of maintaining solvency and paying benefits to covered individuals that will be used to determine the appropriate total rate of contribution to the Fund.

(2) On or before October 1 each year, the Secretary shall report the results of the cost analysis to the Senate Finance Committee, the House Economic Matters Committee, and the Joint Committee on Administrative, Executive, and Legislative Review in accordance with § 2–1257 of the State Government Article.

(d) (1) Subject to paragraph (2) of this subsection and subsection (a)(1)(ii) of this section, on or before November 1 each year, beginning in 2027, the Secretary shall set the total rate of contribution that will be in effect for the 12–month period beginning on the immediately following January 1.

(2) The rate set under paragraph (1) of this subsection shall be based on the cost analysis required under subsection (c) of this section.

(e) (1) (i) Except as otherwise provided in this section, each employer of 15 or more employees shall contribute an amount equal to 50% of the total rate of contribution for each employee.

(ii) Except as otherwise provided in this section, each employee of an employer shall contribute an amount equal to 50% of the total rate of contribution.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the employer of the employee shall deduct the employee’s required contribution from the wages of the employee.

(ii) 1. An employer may elect to pay all or a portion of the required employee contributions in whole or in part.

2. If the employer of an employee elects to pay a portion of the employee’s required contribution, the employer:

A. may deduct an amount that is less than 50% of the rate of contribution required from the wages of the employee; and

B. shall notify employees of the rate of contribution set for employees under subsection (d)(1) of this section and the portion of that amount that the employer is electing to pay.

(f) (1) The Maryland Department of Health shall reimburse each:

(i) community provider that is required to be licensed or certified under Title 7 of the Health – General Article for 100% of the employer contribution required under subsection (e) of this section for employees who manage or provide services under Title 7 of the Health – General Article;

(ii) community provider that is required to be licensed or certified under Title 7.5 of the Health – General Article for a percentage of the employer contribution required under subsection (e) of this section for employees who manage or provide services under Title 7.5 of the Health – General Article that is equal to the percentage of revenue that is attributable to federal and State Medicaid funding and any other State funding received by the community provider for the services during the period covered by the reimbursement; or

(iii) provider, as defined in § 16–201.4 of the Health – General Article, for a percentage of the employer contribution required under subsection (e) of this section for employees who manage or provide services described in § 16–201.4(a) of the Health – General Article that is equal to the percentage of revenue attributable to federal and State Medicaid funding and any other State funding received by the provider for the services during the period covered by the reimbursement.

(2) The Maryland Department of Health shall make the reimbursements required under paragraph (1) of this subsection at least quarterly.

(3) To receive reimbursement under paragraph (1) of this subsection, a provider shall provide to the Maryland Department of Health any information necessary to carry out this subsection in the form and manner required by the Maryland Department of Health.
Md. Code, Labor and Employment § 8.3-201 — MD Code / Article gle / Title 8.3 / Subtitle 2 / Section 8.3-201
§8.
Status: in_force

§8.3–201.

(a) In this section, “self–employed individual” includes an individual who:

(1) is the sole owner of a sole proprietorship, limited liability company, C corporation, or S corporation; and

(2) is the only individual employed by the sole proprietorship, limited liability company, C corporation, or S corporation.

(b) A self–employed individual who is a resident of the State may elect to participate in the Program in accordance with regulations adopted by the Secretary under subsection (c) of this section.

(c) On or before July 1, 2028, the Secretary shall adopt regulations that establish an optional self–employed enrollment program and include:

(1) contribution amounts;

(2) benefit amounts; and

(3) enrollment procedures.
Md. Code, Labor and Employment § 8.3-301 — MD Code / Article gle / Title 8.3 / Subtitle 3 / Section 8.3-301
§8.
Status: in_force

§8.3–301.

There is a Family and Medical Leave Insurance Program in the Department.
Md. Code, Labor and Employment § 8.3-904 — MD Code / Article gle / Title 8.3 / Subtitle 9 / Section 8.3-904
§8.
Status: in_force

§8.3–904.

A person may not discharge, demote, or otherwise discriminate or take adverse action against a covered individual because the covered individual has:

(1) filed for, applied for, or received benefits, or taken family or medical leave for which benefits may be paid under this title;

(2) inquired about the rights and responsibilities under this title;

(3) communicated to the person an intent to file a claim, a complaint, or an appeal under this title; or

(4) testified or intends to testify or otherwise has assisted in a proceeding under this title.
Md. Code, Labor and Employment § 8.3-702 — MD Code / Article gle / Title 8.3 / Subtitle 7 / Section 8.3-702
§8.
Status: in_force

§8.3–702.

(a) (1) Except as provided in paragraph (2) of this subsection, a covered individual may not receive more than 12 weeks of benefits in an application year.

(2) A covered individual may receive an additional 12 weeks of benefits if the covered individual during the same application year:

(i) 1. received benefits because the covered individual was eligible for benefits under § 8.3–701(a)(1)(i) of this subtitle; and

2. becomes eligible for benefits under § 8.3–701(a)(1)(iii) of this subtitle; or

(ii) 1. received benefits because the covered individual was eligible for benefits under § 8.3–701(a)(1)(iii) of this subtitle; and

2. becomes eligible for benefits under § 8.3–701(a)(1)(i) of this subtitle.

(b) If a covered individual takes leave for which the covered individual is receiving benefits under this title, the leave shall run concurrently with eligible leave that may be taken by the covered individual under the federal Family and Medical Leave Act.

(c) The Department may count the leave taken under the federal Family and Medical Leave Act against a covered individual’s maximum duration of leave for which benefits are available under this title in an application year for the same purpose, if:

(1) an employer designates a period of leave as covered by the federal Family and Medical Leave Act for a covered individual who would also qualify for benefits under § 8.3–302 of this title;

(2) the employer informs the covered individual of the individual’s eligibility for benefits under this title; and

(3) the employee declines to apply for benefits under this title.

(d) (1) A covered individual may not be required to use or exhaust paid vacation, paid sick leave, or other paid time off under an employer policy before, or while, receiving benefits under this title.

(2) A covered individual and an employer may agree to use paid vacation, paid sick leave, or other paid time off while a covered individual is receiving benefits available under this title to replace the covered individual’s wages up to 100% of the covered individual’s average weekly wage during the period of leave for which benefits are received under this title.

(3) Notwithstanding paragraph (1) of this subsection, an employer may require that benefit payments under this title be made concurrently, or otherwise coordinated with payments made or leave that is allowed under the terms of a separate employer–provided leave policy due to parental care, family care, or uniformed services leave or under a disability policy.

(4) This subsection may not be construed to reduce any weeks of leave for which benefits may be paid under this title.

(e) (1) Except as provided in paragraph (2) of this subsection, an individual receiving benefits under Title 8 of this article or wage replacement benefits under Title 9 of this article is not eligible to receive benefits under this title.

(2) An individual receiving compensation for a permanent partial disability under Title 9 of this article may be eligible for benefits under this title.
Md. Code, Labor and Employment § 8.3-101 — MD Code / Article gle / Title 8.3 / Subtitle 1 / Section 8.3-101
§8.
Status: reserved

§8.3–101.

(a) In this title the following words have the meanings indicated.

(a–1) “Active duty” has the meaning stated in § 9–901 of the State Government Article.

(a–2) “Anchor date” means the earlier of the date on which:

(1) an application for benefits is complete in accordance with § 8.3–701(b)(2) of this title; or

(2) leave begins for a covered individual for which benefits may be paid under this title.

(b) “Application year” means the 12–month period beginning on the Sunday of the calendar week in which leave under this title begins.

(c) “Benefits” means the money payable under this title to a covered individual.

(d) “Covered employee” means an employee who has worked at least 680 hours performing services under employment located in the State over the four most recently completed calendar quarters for which quarterly reports have been required immediately preceding the anchor date.

(e) “Covered individual” means a covered employee or a self–employed individual who elects to participate in the Program under § 8.3–201 of this title.

(f) “Department” means the Maryland Department of Labor.

(g) “Deployment” means an eligible service member acting under official orders who, on any day, is performing service in a training exercise or operation at a location or under circumstances that make it impossible or infeasible for the eligible service member to spend off–duty time in the housing in which the eligible service member resides when on garrison duty at the eligible service member’s permanent duty station or homeport.

(g–1) “Eligible service member” means an active service member or former service member.

(h) (1) “Employer” means a person or governmental entity that employs at least one individual in the State.

(2) “Employer” does not include an individual who:

(i) is the sole owner of a sole proprietorship, limited liability company, C corporation, or S corporation; and

(ii) is the only individual employed by the sole proprietorship, limited liability company, C corporation, or S corporation.

(i) “Family member” means:

(1) a biological child, an adopted child, a foster child, or a stepchild of the covered individual;

(2) a child for whom the covered individual has legal or physical custody or guardianship;

(3) a child for whom the covered individual stands in loco parentis, regardless of the child’s age;

(4) a biological parent, an adoptive parent, a foster parent, or a stepparent of the covered individual or of the covered individual’s spouse;

(5) the legal guardian of the covered individual or the ward of the covered individual or of the covered individual’s spouse;

(6) an individual who acted as a parent or stood in loco parentis to the covered individual or the covered individual’s spouse when the covered individual or the covered individual’s spouse was a minor;

(7) the spouse of the covered individual;

(8) a domestic partner of the covered individual;

(9) a biological grandparent, an adopted grandparent, a foster grandparent, or a stepgrandparent of the covered individual;

(10) a biological grandchild, an adopted grandchild, a foster grandchild, or a stepgrandchild of the covered individual; or

(11) a biological sibling, an adopted sibling, a foster sibling, or a stepsibling of the covered individual.

(j) “Fund” means the Family and Medical Leave Insurance Fund established under § 8.3–501 of this title.

(k) “Governmental entity” has the meaning stated in § 8–101 of this article.

(l) “Program” means the Family and Medical Leave Insurance Program established under § 8.3–301 of this title.

(m) “Qualifying exigency” means any of the following reasons for which leave may be needed by a family member of an eligible service member:

(1) because the eligible service member has received notice of deployment within 7 days before the deployment is to begin;

(2) to attend uniformed services events and related activities including family support programs related to the active duty of the eligible service member;

(3) to arrange, provide, or attend child care or school activities only when the eligible service member is on active duty call or active duty status;

(4) to make financial and legal arrangements for the eligible service member’s absence or because of the absence;

(5) to attend counseling that:

(i) is needed due to the active duty or call to active duty status of the eligible service member; and

(ii) is provided by an individual who is not a licensed health care provider;

(6) to spend up to 15 calendar days with an eligible service member who is on short–term temporary rest and recuperation leave during the period of deployment;

(7) to attend postdeployment activities including reintegration services for a period of 90 days immediately following the termination of active status;

(8) to attend to matters related to the death of the eligible service member while on active duty status;

(9) to arrange for or provide alternative care for a parent of the eligible service member when the parent is incapable of self–care and the covered active duty or call to active duty necessitates a change; or

(10) because of any other issues that arise out of active duty or a call to active duty that an employer and covered employee agree should be covered.

(n) “Secretary” means the Secretary of Labor.

(o) (1) “Serious health condition” means an illness, an injury, an impairment, or a physical or mental condition that involves:

(i) inpatient care in a hospital, hospice, or residential health care facility;

(ii) continued treatment by a licensed health care provider; or

(iii) continued treatment or supervision at home by a licensed health care provider or other competent individual under the supervision of a licensed health care provider.

(2) “Serious health condition” includes an illness, an injury, an impairment, or a physical or mental condition described in paragraph (1) of this subsection that continues over an extended period of time and requires intermittent treatment.

(p) Repealed.

(q) “Treatment” includes:

(1) examinations or testing to determine the extent to which a serious health condition exists or persists;

(2) ongoing or periodic evaluations of the serious health condition; and

(3) actual treatment by a health care provider.

(r) “Wages” means all compensation that is due for employment that is:

(1) for an employee, wages as defined in § 8–101 of this article; or

(2) for a self–employed individual:

(i) self–employment income, as defined in 26 U.S.C. § 1402(b); or

(ii) wages, as defined in § 8–101 of this article, earned from a C corporation or an S corporation if the income, pay, or leave is paid to the owner who is the sole employee of a C corporation or an S corporation.
Md. Code, Labor and Employment § 8.3-506 — MD Code / Article gle / Title 8.3 / Subtitle 5 / Section 8.3-506
§8.
Status: in_force

§8.3–506.

This title does not grant an employee any prior claim or right to money the employee pays into the Fund.
Md. Code, Labor and Employment § 8.3-401 — MD Code / Article gle / Title 8.3 / Subtitle 4 / Section 8.3-401
§8.
Status: in_force

§8.3–401.

This title shall be administered under the supervision of the Secretary.
Md. Code, Labor and Employment § 8.3-901 — MD Code / Article gle / Title 8.3 / Subtitle 9 / Section 8.3-901
§8.
Status: in_force

§8.3–901.

(a) If an individual willfully makes a false statement or misrepresentation regarding a material fact or willfully fails to report a material fact to obtain benefits under this title, the individual is disqualified from receiving benefits for 1 year.

(b) If an employer willfully makes or causes to be made a false statement or willfully fails to report a material fact regarding a claim for benefits by an employee, the employer is subject to a civil penalty of up to $1,000 for each occurrence.

(c) An employer may not willfully:

(1) fail or refuse to pay contributions to the Fund; or

(2) take deductions from the wages of an employee to pay any portion of the employer contributions due from the employer.
Md. Code, Labor and Employment § 8.3-1001 — MD Code / Article gle / Title 8.3 / Subtitle 10 / Section 8.3-1001
§8.
Status: in_force

§8.3–1001.

This title may be cited as the Maryland Family and Medical Leave Insurance Program.
Md. Code, Labor and Employment § 8.3-704 — MD Code / Article gle / Title 8.3 / Subtitle 7 / Section 8.3-704
§8.
Status: reserved

§8.3–704.

(a) If the Internal Revenue Service determines that benefits paid under this subtitle are subject to federal income tax, at the time a covered individual files a new claim for benefits, the Department shall notify the covered individual that:

(1) the Internal Revenue Service has determined that the benefits are subject to federal income tax;

(2) there are requirements regarding estimated tax payments;

(3) the covered individual may elect to have federal income tax deducted and withheld from the benefits that the covered individual receives under this title at the rate specified in the Internal Revenue Code; and

(4) the covered individual is allowed to change a previously elected withholding status.

(b) (1) If a covered individual elects to have federal income tax deducted and withheld under subsection (a)(3) of this section, the Department shall deduct and withhold an amount at the rate specified in the Internal Revenue Code in a manner required by the Internal Revenue Service.

(2) If the Department deducts and withholds federal income tax under paragraph (1) of this subsection, the amount deducted and withheld shall remain in the Fund until it is transferred to the Internal Revenue Service as a payment of income tax.
Md. Code, Labor and Employment § 8.3-701 — MD Code / Article gle / Title 8.3 / Subtitle 7 / Section 8.3-701
§8.
Status: in_force

§8.3–701.

(a) (1) Subject to paragraph (2) of this subsection, beginning on a date not earlier than January 1, 2027, but not later than January 3, 2028, determined and announced by the Secretary, a covered individual taking leave from employment may submit a claim for benefits:

(i) 1. to care for a newborn child of the covered individual during the first year after the child’s birth; or

2. because a child is being placed for adoption, foster care, or kinship care with the covered individual or to care for or bond with the child during the first year after the placement;

(ii) to care for a family member with a serious health condition;

(iii) to attend to a serious health condition that results in the covered individual being unable to perform the functions of the covered individual’s position;

(iv) to care for a service member with a serious health condition resulting from service in the uniformed services for whom the covered individual is next of kin; or

(v) to attend to a qualifying exigency arising out of the deployment of an eligible service member who is a family member of the covered individual.

(2) (i) Except as provided under subparagraph (ii) of this paragraph, if the need to use leave is foreseeable, an employer may require a covered employee taking leave under this title to provide the employer with written notice of the covered employee’s intention to take leave at least 30 days before commencing the leave.

(ii) If the need to use leave is not foreseeable, the covered employee shall:

1. provide notice to the employer as soon as practicable; and

2. generally comply with the employer’s notice or procedural requirements for requesting or reporting other leave, if those requirements do not interfere with the covered employee’s ability to use leave for which benefits may be paid under this title.

(b) (1) Subject to paragraph (3) of this subsection, an individual may file an application for benefits within 60 days before the anticipated start date of the leave for which benefits may be paid under this title, but not later than 60 days after the start date of the leave.

(2) To be considered complete, an application shall contain all information required by the Department.

(3) (i) The Department shall waive the filing deadline established under paragraph (1) of this subsection for good cause.

(ii) If the covered individual does not have good cause for the delay in completing the claim application, the Secretary may delay or deny benefits under this title.

(c) (1) Subject to paragraphs (2) and (3) of this subsection, a covered individual may take the leave for which the individual is eligible for benefits under subsection (a) of this section on an intermittent leave schedule.

(2) If leave is taken on an intermittent leave schedule, the covered individual shall:

(i) make a reasonable effort to schedule the intermittent leave in a manner that does not unduly disrupt the operations of the employer; and

(ii) provide the employer with reasonable and practicable prior notice of the reason for which the intermittent leave is necessary.

(3) A covered employee may not take intermittent leave in an increment of less than 4 hours.

(4) If leave is taken on an intermittent leave schedule, an employer may not reduce the total amount of leave to which the covered individual is entitled beyond the amount of leave actually taken.
Md. Code, Labor and Employment § 8.3-906 — MD Code / Article gle / Title 8.3 / Subtitle 9 / Section 8.3-906
§8.
Status: in_force

§8.3–906.

(a) (1) (i) The Secretary shall establish a system for appeals by covered individuals regarding determinations of benefit amounts, benefit durations, and denials of benefits under this title.

(ii) A covered individual must file an appeal under subparagraph (i) of this paragraph within 30 days after the determination is made or benefits are denied, unless good cause can be shown for the delay.

(iii) If a covered individual prevails in an appeal of an adverse decision of an employer or insurer, the Department may assess the Department’s costs of the appeal against the employer or insurer.

(2) The Secretary may use the procedures under § 8–806 of this article for the system required under paragraph (1) of this subsection.

(b) Judicial review of any decision with respect to benefits under this title shall be allowed in a court of competent jurisdiction after an aggrieved party has exhausted all administrative remedies established by the Secretary under this title.

(c) The Secretary shall implement procedures to ensure confidentiality of all information related to any claims filed or appeals taken to the maximum extent allowed by law.
Md. Code, Labor and Employment § 8.3-504 — MD Code / Article gle / Title 8.3 / Subtitle 5 / Section 8.3-504
§8.
Status: in_force

§8.3–504.

(a) (1) The State Treasurer is custodian of the Fund.

(2) The State Treasurer shall manage the Fund in accordance with regulations that the Secretary adopts.

(b) Under the direction of the Secretary, the State Treasurer shall establish the Fund account in any financial institution in which the General Fund of the State may be deposited.

(c) On receipt of any money payable to the Fund, the Secretary shall ensure immediate deposit of the money into the Fund account as required by the State Treasurer.

(d) In accordance with regulations that the Secretary adopts, money in the Fund account:

(1) shall be used to pay benefits under this title; and

(2) may be used to pay for:

(i) the public education program carried out under § 8.3–403(a)(4) of this title; and

(ii) any costs associated with the initial implementation and ongoing administration of this title.
Md. Code, Labor and Employment § 8.3-203 — MD Code / Article gle / Title 8.3 / Subtitle 2 / Section 8.3-203
§8.
Status: in_force

§8.3–203.

(a) An employee’s right to benefits under this title may not be diminished by a collective bargaining agreement or by an employer policy.

(b) An agreement to waive the employee’s rights under this title is void as against public policy.
Md. Code, Labor and Employment § 8.3-705 — MD Code / Article gle / Title 8.3 / Subtitle 7 / Section 8.3-705
§8.
Status: in_force

§8.3–705.

(a) (1) An employer authorized by the Secretary may satisfy the requirements of this title through a private employer plan consisting of employer–provided benefits or insurance through an insurer that holds a certificate of authority issued by the Maryland Insurance Commissioner if the private employer plan is provided to all of the employer’s eligible employees and meets or exceeds the rights, protections, and benefits provided to a covered employee under this title.

(2) (i) To determine the benefit amount under a private employer plan, the weekly benefit amount shall be based on the average weekly wage earned from the employer sponsoring the private employer plan.

(ii) Notwithstanding subparagraph (i) of this paragraph, if an individual has worked less than 680 hours for the employer sponsoring the private employer plan, the weekly benefit amount shall be based on the average weekly wage under § 8.3–703(a) of this subtitle.

(iii) This subsection may not be construed to prevent a private employer plan from providing a benefit that is greater than that provided in § 8.3–703(a) of this subtitle.

(b) (1) A private employer plan shall be filed with the Department for approval.

(2) (i) The Secretary shall establish reasonable criteria for determining which employers are authorized to meet the requirements of this title through employer–provided benefits.

(ii) The criteria established under subparagraph (i) of this paragraph may include the employer’s:

1. number of employees;

2. capitalization;

3. bondedness; and

4. status as a government employer.

(3) The Department may adopt regulations that establish reasonable application and application renewal fees for private employer plans under this section.

(c) An employer that provides covered employees with a private employer plan and an employee that is covered by a private employer plan are exempt from the contributions required under Subtitle 6 of this title.

(d) An employer that provides a private employer plan may not deduct from an employee more than 50% of the contribution amount set by the Department under § 8.3–601(b) of this title.
Md. Code, Labor and Employment § 8.3-503 — MD Code / Article gle / Title 8.3 / Subtitle 5 / Section 8.3-503
§8.
Status: in_force

§8.3–503.

(a) The Fund consists of:

(1) employee contributions;

(2) self–employed individual contributions;

(3) employer contributions;

(4) application and application renewal fees paid as required in regulations adopted under § 8.3–705(b)(3) of this title;

(5) money paid to the Fund for the purpose of reimbursing the Secretary under § 8.3–902 of this title for benefits paid in error;

(6) money collected under:

(i) § 8.3–903(1) of this title for assessed contributions and interest for an employer’s or a self–employed individual’s failure to pay contributions; and

(ii) § 8.3–906(a)(1)(iii) of this title for the Department’s costs of an appeal against an employer or insurer;

(7) interest earned on money in the Fund; and

(8) money received for the Fund from any other source.

(b) Money in the Fund may be commingled.

(c) (1) Subject to paragraph (2) of this subsection, the Fund may be used only for the purposes of this title.

(2) Fees paid into the Fund under subsection (a)(4) of this section may be used only for administrative purposes of the Program.
Md. Code, Labor and Employment § 8.3-501 — MD Code / Article gle / Title 8.3 / Subtitle 5 / Section 8.3-501
§8.
Status: in_force

§8.3–501.

There is a Family and Medical Leave Insurance Fund.
Md. Code, Labor and Employment § 8.3-102 — MD Code / Article gle / Title 8.3 / Subtitle 1 / Section 8.3-102
§8.
Status: in_force

§8.3–102.

(a) (1) This subsection does not apply to the disclosure of information to:

(i) a public employee in the performance of the public employee’s official duties;

(ii) the individual to whom the information relates;

(iii) if an authorized representative has the signed authorization of the individual to whom the information relates, the authorized representative; or

(iv) employers whose employees have filed claims with the Department for the purpose of claims administration.

(2) An employee of the Department may not disclose personal identifying information relating to:

(i) an individual who has applied for or received benefits under this title;

(ii) an individual whose employment data has been submitted to the Department by the individual’s employer under this title; or

(iii) a self–employed individual who submitted data to the Department under this title.

(b) This title preempts the authority of a local jurisdiction to enact a law on or after June 1, 2022, that establishes a paid family and medical leave insurance program for employees of an employer other than the local jurisdiction.
Md. Code, Labor and Employment § 8.3-902 — MD Code / Article gle / Title 8.3 / Subtitle 9 / Section 8.3-902
§8.
Status: in_force

§8.3–902.

(a) The Department may seek repayment of benefits from an individual who received benefits under this title if:

(1) the benefits were paid erroneously or as a result of willful misrepresentation by the individual; or

(2) a claim for benefits under this title is rejected after the benefits were paid.

(b) The Secretary may waive in whole or in part the repayment of benefits under subsection (a) of this section if:

(1) the error in payment was not due to any false statement, nondisclosure of material fact, or misrepresentation by a covered individual; or

(2) the repayment would be against equity and good conscience or administrative efficiency.
Md. Code, Labor and Employment § 8.3-405 — MD Code / Article gle / Title 8.3 / Subtitle 4 / Section 8.3-405
§8.
Status: in_force

§8.3–405.

Subject to § 8.3–905 of this title, in a civil action to enforce this title, the Secretary and the State may be represented by:

(1) the Attorney General; or

(2) any qualified attorney who:

(i) is a salaried employee of the Secretary; and

(ii) on recommendation of the Attorney General, is designated to represent the Secretary or the Board of Appeals and the State.
Md. Code, Labor and Employment § 8.3-707 — MD Code / Article gle / Title 8.3 / Subtitle 7 / Section 8.3-707
§8.
Status: in_force

§8.3–707.

If a covered individual is receiving benefits under this title or is taking leave for which benefits may be paid under this title, the employer of the covered individual shall continue any employment health benefits in the same manner as required under maintenance of health benefits in the federal Family and Medical Leave Act for the time period that the covered individual is absent from work or receiving benefits under this title.
Md. Code, Labor and Employment § 8.3-706 — MD Code / Article gle / Title 8.3 / Subtitle 7 / Section 8.3-706
§8.
Status: in_force

§8.3–706.

(a) This section does not apply to an employer who is an individual with a developmental disability, and who self–directs services under the Maryland Medicaid Home– and Community–Based Services Waiver Program.

(b) Except as provided in subsection (c)(2) of this section, if a covered individual receives benefits under this title or takes leave from work for which benefits may be paid under this title, the employer of the covered individual shall, on the expiration of the leave, restore the covered individual to an equivalent position of employment.

(c) An employer may:

(1) during a period of leave from work for which benefits may be paid under this title, terminate employment of the covered individual taking the leave only for cause; and

(2) deny restoration of a covered individual’s position of employment under subsection (b) of this section if:

(i) the denial is necessary to prevent substantial and grievous economic injury to the operations of the employer;

(ii) the employer notifies the covered individual of the intent of the employer to deny restoration of the covered individual’s position of employment at the time the employer determines the economic injury would occur; and

(iii) if the leave has already begun in a case of leave from work for which benefits may be paid under this title, the covered individual elects not to return to employment after receiving notice of the employer’s intention to deny restoration of the covered individual’s position of employment.
Md. Code, Labor and Employment § 8.3-302 — MD Code / Article gle / Title 8.3 / Subtitle 3 / Section 8.3-302
§8.
Status: in_force

§8.3–302.

The purpose of the Program is to provide temporary benefits to a covered individual who is taking leave from employment:

(1) (i) to care for or bond with a child of the covered individual during the first year after the child’s birth; or

(ii) during the process through which a child is being placed with the covered individual through foster care, kinship care, or adoption and to care for and bond with the child during the first year after the placement;

(2) to care for a family member with a serious health condition;

(3) because the covered individual has a serious health condition that results in the covered individual being unable to perform the functions of the covered individual’s position;

(4) to care for an eligible service member for whom the covered individual is next of kin; or

(5) because the covered individual has a qualifying exigency arising out of the deployment of an eligible service member who is a family member of the covered individual.