reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 10 - Disqualification › Section 8-1002.1 - Aggravated Misconduct

(a)    (1)    In this section, “aggravated misconduct” means behavior committed with actual malice and deliberate disregard for the property, safety, or life of others that:
(i)    affects the employer, fellow employees, subcontractors, invitees of the employer, members of the public, or the ultimate consumer of the employer’s product or services; and
(ii)    consists of either physical assault or property loss or damage so serious that the penalties of misconduct or gross misconduct are not sufficient.
(2)    In this section, “aggravated misconduct” does not include:
(i)    gross misconduct, as defined under § 8-1002 of this subtitle; or
(ii)    misconduct, as defined under § 8-1003 of this subtitle.
(b)    An individual who otherwise is eligible to receive benefits is disqualified from receiving benefits if unemployment results from discharge or suspension as a disciplinary measure for behavior that the Secretary finds is aggravated misconduct in connection with employment.
(c)    A disqualification under this section shall:
(1)    begin with the first week for which unemployment is caused by discharge or suspension for aggravated misconduct as determined under this section; and
(2)    continue until the individual is reemployed and has earned wages in covered employment that equal at least 30 times the weekly benefit amount of the individual.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 10 - Disqualification › Section 8-1003 - Misconduct

(a)    An individual who otherwise is eligible to receive benefits is disqualified from receiving benefits if the Secretary finds that unemployment results from discharge or suspension as a disciplinary measure for behavior that the Secretary finds is misconduct in connection with employment but that is not:
(1)    aggravated misconduct, under § 8–1002.1 of this subtitle; or
(2)    gross misconduct under § 8–1002 of this subtitle.
(b)    A disqualification under this section shall:
(1)    begin with the first week for which unemployment is caused by discharge or suspension for misconduct; and
(2)    continue for a total of at least 10 but not more than 15 weeks, as determined by the Secretary, based on the seriousness of the misconduct.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 10 - Disqualification › Section 8-1004 - Stoppage of Work Caused by Labor Dispute

(a)    Except as provided in subsection (b) of this section:
(1)    an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits for each week for which the Secretary finds that unemployment results from a stoppage of work, other than a lockout, that exists because of a labor dispute at the premises where the individual last was employed; and
(2)    if separate branches of work that usually are conducted as separate businesses in separate premises are conducted in separate departments on the same premises, each department shall be considered a separate premises for the purposes of this subsection.
(b)    A disqualification under this section does not apply to an individual who satisfies the Secretary that the individual:
(1)    is not participating in, financing, or directly interested in the labor dispute that caused the stoppage of work; and
(2)    does not belong to a class or grade of workers that, immediately before the stoppage, had any members:
(i)    employed at the premises; and
(ii)    participating in, financing, or directly interested in the labor dispute.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 10 - Disqualification › Section 8-1005 - Failure to Apply for or Accept Suitable Work

(a)    Subject to subsection (d) of this section, an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits if the Secretary finds that the individual, without good cause, failed to:
(1)    apply for work that is available and suitable when directed to do so by the Secretary;
(2)    accept suitable work when offered; or
(3)    return to the individual’s usual self-employment when directed to do so by the Secretary.
(b)    (1)    In determining whether work is suitable for an individual, the Secretary shall consider:
(i)    the degree of risk involved to the health, morals, and safety of the individual;
(ii)    the experience, previous earnings, previous training, and physical fitness of the individual;
(iii)    the length of unemployment of the individual and the prospects for securing local work in the usual occupation of the individual; and
(iv)    the distance of available work from the residence of the individual.
(2)    Notwithstanding any other provisions of this title, the Secretary may not consider work to be suitable and thus deny benefits to an otherwise eligible individual for refusal to accept the new work if:
(i)    the position offered is vacant as a direct result of a strike, lockout, or other labor dispute;
(ii)    hours, wages, or other conditions of work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; or
(iii)    as a condition of being employed, the individual would be required to join a company union or resign from or refrain from joining any bona fide labor organization.
(c)    A disqualification under this section:
(1)    shall be effective beginning with the latest week in which the individual:
(i)    was to have applied for work at the direction of the Secretary;
(ii)    was notified that suitable work had become available to the individual; or
(iii)    was to return to the usual self-employment of the individual at the direction of the Secretary; and
(2)    shall continue:
(i)    for a total of at least 5 but not more than 10 weeks; or
(ii)    until the individual is reemployed and has earned wages for covered employment that equal at least 10 times the weekly benefit amount of the individual.
(d)    (1)    In this subsection, the terms “affected employee” and “work sharing employer” have the meanings stated in § 8-1201 of this title.
(2)    An affected employee who refuses to apply for or accept suitable work from a person other than the work sharing employer may not be denied benefits under this section.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 10 - Disqualification › Section 8-1006 - Other Unemployment Insurance Benefits

(a)    Except as provided in subsection (b) of this section, an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits for any week in which the Secretary finds that the individual receives or applies for benefits under federal law or the unemployment insurance law of another state.
(b)    An individual is not disqualified under this section if the appropriate federal unit or unit of another state makes a final determination that the individual is not entitled to benefits under its law.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 10 - Disqualification › Section 8-1007 - Holiday or Vacation Pay

(a)    Except as provided in subsection (b) of this section, an individual who otherwise is eligible to receive benefits is disqualified from receiving benefits for each week for which the Secretary finds that the individual is receiving, has received, or will receive holiday or vacation pay accumulated or earned to the credit of the individual if, on or before the date of the layoff or separation, the employing unit notifies the individual of a definite date on which the individual will return to work.
(b)    Notwithstanding any other provision of this title, an individual may not be disqualified under subsection (a) of this section if the individual receives holiday or vacation pay attributable to a period that is outside the terms of an employment agreement that specifies:
(1)    scheduled holiday or vacation periods; or
(2)    employee discretion in scheduling holiday or vacation periods.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 10 - Disqualification › Section 8-1009 - Severance Pay

(a)    (1)    For each week that the Secretary finds an individual who otherwise is eligible for benefits receives or is eligible to receive dismissal payment or wages in lieu of notice, regardless of whether the payment is required by law:
(i)    if the payment at least equals the individual’s weekly benefit amount, the individual is disqualified from receiving benefits; or
(ii)    if the payment is less than the individual’s weekly benefit amount, the individual may receive benefits reduced by the amount of the payment.
(2)    Dismissal payment or wages in lieu of notice shall be allocated to a number of weeks following separation from employment that equals the number of weeks of wages received.
(b)    An individual who is otherwise eligible for benefits, including benefits payable under the Unemployment Compensation for Ex–Service Members Program in accordance with 5 U.S.C. § 8521 may receive benefits, and the benefits may not be reduced under subsection (a)(2) of this section, for each week that the Secretary finds that the individual receives or is eligible to receive military disability severance payments.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 11 - Extended Benefits › Section 8-1101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Eligibility period” means the period of weeks consisting of:
(1)    the weeks in an individual’s benefit year that begin in an extended benefit period; and
(2)    if the benefit year ends within the extended benefit period, the weeks after the benefit year that begin in the extended benefit period.
(c)    (1)    “Extended benefits” means benefits payable to an individual under this subtitle for weeks of unemployment in the eligibility period of an individual.
(2)    “Extended benefits” includes benefits payable to a federal civilian employee or former servicemember under 5 U.S.C. § 8501 et seq. under this subtitle for weeks of unemployment in the eligibility period of the employee or former servicemember.
(d)    (1)    “Regular benefits” means:
(i)    benefits payable to an individual under § 8-808(c) of this title; or
(ii)    benefits payable to a federal civilian employee or a former servicemember under 5 U.S.C. § 8501 et seq.
(2)    “Regular benefits” does not include extended benefits.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 11 - Extended Benefits › Section 8-1102 - Applicability of Other Provisions

Unless the result would be inconsistent with another provision of this Part III of this subtitle or with the Federal-State Extended Unemployment Compensation Act of 1970, the provisions of this title that apply to claims for or the payment of regular benefits shall apply to extended benefits.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 11 - Extended Benefits › Section 8-1106 - Effect on Employing Unit

Notwithstanding any other provision of this title, as to extended benefits for which the federal government wholly reimburses the State, the Secretary may not:
(1)    charge the earned rating record of an employing unit for those extended benefits; or
(2)    require an employer to make reimbursement payments for those extended benefits.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 11 - Extended Benefits › Section 8-1107 - Interstate Claim for Extended Benefits

(a)    Except as provided in subsection (b) of this section, the Secretary may not pay extended benefits to an individual for a week under an interstate claim submitted in another state under the Interstate Benefit Payment Plan unless an extended benefit period is in effect for that week in the other state as well as this State.
(b)    This section does not apply to the first 2 weeks for which extended benefits are payable under an interstate claim submitted under the Interstate Benefit Payment Plan to the individual from the extended benefit account established for the individual for the benefit year.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 11 - Extended Benefits › Section 8-1108 - Disqualification

(a)    An individual is disqualified for extended benefits if the individual fails to comply with the requirements of § 8-1104(f)(1) of this subtitle unless the failure results from:
(1)    a summons to appear for jury duty before a court of the United States or of a state; or
(2)    hospitalization of the individual for emergency treatment or treatment of a life-threatening situation.
(b)    An individual who fails to comply with the requirements of § 8-1104(f)(2) of this subtitle is disqualified for extended benefits.
(c)    A disqualification under this section shall continue until an individual:
(1)    is employed during at least 4 weeks that begin after the individual fails to comply with the requirements of § 8-1104(f) of this subtitle; and
(2)    has earnings equal to at least 4 times the weekly amount of extended benefits of the individual.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 11 - Extended Benefits › Section 8-1109 - Secretary Authorized to Suspend Payment of Extended Benefits

Notwithstanding any other provision of this subtitle, the Secretary, if authorized by federal law, may suspend the payment of extended benefits under § 8–1105(e) of this subtitle, to the extent necessary to ensure that:
(1)    otherwise eligible individuals are not denied, in whole or in part, the receipt of emergency unemployment compensation authorized under federal law; and
(2)    the State receives maximum reimbursement from the federal government for the payment of the emergency benefits.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 12 - Work Sharing › Section 8-1201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Affected employee” means an individual to whom an approved work sharing plan applies, and who:
(1)    was hired on a full–time basis or as a permanent part–time worker, who has been continuously on the payroll of an affected unit for at least 3 months immediately before the employing unit submits a work sharing plan; or
(2)    is rehired by an affected unit following a temporary closure or layoff due to the COVID–19 pandemic, subject to flexibility for noncontinuous employment provided under federal guidance.
(c)    “Affected unit” means a specific plant, department, shift, or other definable unit of an employing unit:
(1)    that has at least 2 employees; and
(2)    to which an approved work sharing plan applies.
(d)    “Approved work sharing plan” means a plan that satisfies the purpose under § 8–1202 of this subtitle and receives the approval of the Secretary.
(e)    “Employer association” means:
(1)    an association that is a party to a collective bargaining agreement under which it may negotiate a work sharing plan; or
(2)    an association authorized by all of its members to become a party to a work sharing plan.
(f)    “Health and retirement benefits” means employer–provided health benefits and retirement benefits under a defined benefit pension plan as defined in § 414(j) of the Internal Revenue Code or contributions under a defined contribution plan as defined in § 414(i) of the Internal Revenue Code that are incidents of employment in addition to the cash remuneration earned.
(g)    “Intermittent employment” means employment that is not continuous, but may consist of periodic intervals of weekly work and intervals of no weekly work.
(h)    “Normal weekly work hours” means the usual hours of work for a full–time or regular part–time worker in the affected unit when that unit is operating on its regular basis, not to exceed 40 hours and not including overtime work.
(i)    “Temporary employment” means employment in which an employee:
(1)    is expected to remain in a position for only a limited period of time; or
(2)    is hired by a temporary agency or other entity to fill a gap in the employer’s workforce.
(j)    (1)    “Work sharing benefit” means benefits payable to an affected employee for work performed under an approved work sharing plan.
(2)    “Work sharing benefit” includes benefits payable to a federal civilian employee or former service member under Title 5, Chapter 85 of the United States Code.
(3)    “Work sharing benefit” does not include benefits that are otherwise payable under this title.
(k)    “Work sharing employer” means an employing unit or employer association for which a work sharing plan has been approved.
(l)    “Work sharing plan” means a plan of an employing unit or employer association under which:
(1)    normal weekly work hours of affected employees are reduced to avoid layoffs; and
(2)    affected employees share the work that remains after the reduction.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 12 - Work Sharing › Section 8-1202 - Statement of Purpose

(a)    The work sharing unemployment insurance program seeks to:
(1)    preserve the jobs of employees and the work force of an employer during periods of lowered economic activity by reduction in work hours or workdays rather than by a layoff of some employees while other employees continue their normal weekly work hours or workdays; and
(2)    ameliorate the adverse effect of reduction in business activity by providing benefits for the part of the normal weekly work hours or workdays in which an employee does not work.
(b)    The work sharing unemployment insurance program is not intended to subsidize:
(1)    normal or expected fluctuations in economic activity that are an inherent part of an industry or occupation; or
(2)    an employer’s usual operation on a long–term basis.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 12 - Work Sharing › Section 8-1203 - Procedure for Approval

(a)    An employing unit or employer association that wishes to participate in the work sharing unemployment insurance program shall submit to the Secretary a written work sharing plan that the employing unit or representative of the employer association has signed.
(b)    Within 15 days after receipt of a work sharing plan, the Secretary shall give written approval or disapproval of the plan.
(c)    A decision by the Secretary to disapprove a work sharing plan shall identify the reasons for the disapproval.
(d)    (1)    When the Secretary disapproves a work sharing plan, the decision is final and may not be appealed.
(2)    After 15 days after the Secretary disapproves a work sharing plan, the employing unit or employer association may submit a new work sharing plan.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 12 - Work Sharing › Section 8-1205 - Modifications to Work Sharing Plan

(a)    An approved work sharing plan may be modified if the modification meets the requirements for approval under § 8-1204 of this subtitle and the Secretary approves the modification.
(b)    An employing unit may add an employee to a work sharing plan under this section when the employee has been continuously on the payroll for 3 months.
(c)    An approved modification of a work sharing plan may not change its expiration date.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 12 - Work Sharing › Section 8-1206 - Eligibility for Benefits

(a)    An affected employee is eligible under § 8–1207 of this subtitle to receive work sharing benefits for each week in which the Secretary determines that the affected employee:
(1)    is able to work; and
(2)    is available for the employee’s normal weekly work hours for the work sharing employer.
(b)    For purposes of subsection (a) of this section, an affected employee is able and available to work for the work sharing employer for all hours in which the employee participates in training, including employer–sponsored training or worker training funded under the federal Workforce Innovation and Opportunity Act, to enhance job skills if the program has been approved by the Secretary and the training has been authorized by the employer.
(c)    (1)    An affected employee who otherwise is eligible may not be denied work sharing benefits for failure to actively seek work under § 8–903(a)(1)(iii) of this title from a person other than the work sharing employer.
(2)    An affected employee may not be disqualified under § 8–1005 of this title for refusal to apply for or accept suitable work from a person other than the work sharing employer.
(d)    An affected employee who is otherwise eligible for benefits:
(1)    is considered to be unemployed for the purpose of the work sharing unemployment insurance program; and
(2)    is not subject to the requirement under § 8–801 of this title that an individual be unemployed.
(e)    Unless the result would be inconsistent with this subtitle, the provisions of this title that apply to a claim for and payment of other benefits apply to a claim for and payment of work sharing benefits.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 12 - Work Sharing › Section 8-1208 - Revocation of Approval of Work Sharing Plan

(a)    The Secretary may revoke approval of an approved work sharing plan for good cause, including:
(1)    conduct or an occurrence that tends to defeat the intent and effective operation of the approved work sharing plan;
(2)    failure to comply with an assurance in the approved work sharing plan;
(3)    unreasonable revision of a productivity standard of the affected unit; and
(4)    violation of a criterion on which the Secretary based approval of the approved work sharing plan.
(b)    The decision of the Secretary to revoke approval of a work sharing plan is final and is not subject to appeal.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 12 - Work Sharing › Section 8-1209 - Applicability of Extended Benefits

An affected employee who has received all of the work sharing benefits or combined unemployment benefits and work sharing benefits available in a benefit year shall be:
(1)    considered an exhaustee for purposes of extended benefits, as provided under § 8–1104 of this title; and
(2)    if otherwise eligible, shall be eligible to receive extended benefits under Subtitle 11 of this title.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 13 - Prohibited Acts; Penalties › Section 8-1301 - Fraudulently Obtaining or Increasing Benefit

A person, for that person or another, may not knowingly make a false statement or false representation or knowingly fail to disclose a material fact to receive or increase a benefit or other payment under this title or an unemployment insurance law of another state, the federal government, or a foreign government.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 13 - Prohibited Acts; Penalties › Section 8-1302 - Miscellaneous Acts of Employers

An employer, its officer or agent, or another person may not:
(1)    knowingly make a false statement or false representation or knowingly fail to disclose a material fact to:
(i)    prevent or reduce the payment of a benefit to an individual who is entitled to the benefit;
(ii)    avoid becoming or remaining subject to this title; or
(iii)    avoid or reduce any contribution or other payment that is required from an employer under this title; or
(2)    willfully fail or refuse to:
(i)    make a contribution or other payment;
(ii)    submit a report that is required under this title;
(iii)    produce records that are required under this title; or
(iv)    allow those records to be copied or inspected.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 13 - Prohibited Acts; Penalties › Section 8-1303 - Deduction of Wages and Waiver of Rights

An employing unit, directly or indirectly, may not:
(1)    accept, make, or require a deduction from a wage to pay a contribution that the employing unit is required to pay; or
(2)    accept or require from an employee a waiver of a right to which the employee is entitled under this title.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 13 - Prohibited Acts; Penalties › Section 8-1304 - Failure or Refusal to Obey Subpoena

A person may not, without just cause, fail or refuse to obey a subpoena issued under § 8–306(c) or § 8–5A–06(b) of this title if the person has the power to obey the subpoena.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 13 - Prohibited Acts; Penalties › Section 8-1306 - Limitations on Prosecutions Under 8-1301, 8-1302 or 8-1305(a)

A prosecution under § 8-1301, § 8-1302, or § 8-1305(a) of this subtitle shall be instituted within 3 years after the date on which the offense was committed.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 15 - Additional Benefits for Former Servicemembers › Section 8-1501 - Definitions

(a)    In this subtitle the following terms have the meanings indicated.
(b)    “Former servicemember” means a former member of the federal service as defined in 5 U.S.C. § 8521(a) that:
(1)    is eligible for unemployment insurance benefits for ex-servicemembers under 5 U.S.C. § 8521; and
(2)    was in active service in connection with Operation Desert Shield or Operation Desert Storm.
(c)    “UCX benefits” means unemployment insurance benefits for ex-servicemembers under 5 U.S.C. § 8521.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 15 - Additional Benefits for Former Servicemembers › Section 8-1503 - Eligibility Period; Conditions for Eligibility

(a)    The eligibility period of a former servicemember consists of:
(1)    the weeks in the former servicemember’s benefit year that begin during the additional benefit period; and
(2)    if the former servicemember’s benefit year ends during the additional benefit period, any week thereafter that begins during the additional benefit period.
(b)    To be eligible for additional benefits for a week during an eligibility period, a former servicemember:
(1)    shall be unemployed for the week for which benefits are claimed;
(2)    shall meet each requirement of this title for regular benefits that applies to a claim for additional benefits;
(3)    may not be subject to disqualification from receiving regular benefits; and
(4)    shall have exhausted all UCX benefits to which the former servicemember is entitled.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 15 - Additional Benefits for Former Servicemembers › Section 8-1504 - Amount of Benefits; Termination of Eligibility

(a)    Except as provided in subsection (b) of this section, with respect to unemployment that occurs during an additional benefit period, a former servicemember who is eligible under this subtitle:
(1)    is entitled to a total amount of additional benefits not exceeding 13 times the former servicemember’s weekly benefit amount; and
(2)    for each week for which additional benefits are payable, is entitled to allowances for dependents in addition to the additional benefits.
(b)    A former servicemember’s entitlement to additional benefits ceases after having received a total of 26 times the former servicemember’s weekly benefit amount in any combination of UCX or additional benefits.
2023 Maryland Statutes › Labor and Employment › Title 8 - Unemployment Insurance › Subtitle 15 - Additional Benefits for Former Servicemembers › Section 8-1505 - Training Programs

A former servicemember who otherwise is eligible for additional benefits may not be denied benefits under § 8-1504 of this subtitle or § 8-1005 of this title because the former servicemember is in training with the approval of the Secretary.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 1 - Definitions; General Provisions › Section 8.3-102 - Disclosure of Information Restricted -- Local Authority for Paid Family and Medical Leave Insurance Program Preempted

(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; or
(iii)    if an authorized representative has the signed authorization of the individual to whom the information relates, the authorized representative.
(2)    An employee of the Department may not disclose information relating to an individual who has applied for or received benefits 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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 2 - Scope of Title › Section 8.3-201 - Participation by Self-Employed Individuals -- Required Period and Renewal -- Contribution Required

(a)    In this section, “self–employed individual” includes an individual that:
(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)    (1)    A self–employed individual may elect to participate in the Program by filing a written notice of election with the Secretary in accordance with regulations adopted by the Secretary.
(2)    An election made under paragraph (1) of this subsection becomes effective on the date the written notice is filed.
(c)    (1)    If a self–employed individual elects to participate in the Program under subsection (b) of this section, the individual shall participate for an initial period of not less than 3 years.
(2)    Once the initial participation period expires, the self–employed individual may renew participation in the Program for a period of not less than 1 year.
(3)    If the self–employed individual does not wish to renew participation in the Program under paragraph (2) of this subsection, within 30 days before the participation period expires, the self–employed individual shall notify the Secretary in writing of the self–employed individual’s withdrawal from the Program.
(d)    During the period a self–employed individual participates in the Program, the self–employed individual shall pay the contribution required under § 8.3–601 of this title.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 2 - Scope of Title › Section 8.3-202 - Effect on Employer's Obligations

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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 2 - Scope of Title › Section 8.3-203 - Employee Rights Not Diminished -- Waivers Void

(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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 3 - Establishment of Program › Section 8.3-302 - Purpose to Provide Temporary Benefits

The purpose of the Program is to provide temporary benefits to a covered individual who is taking leave from employment:
(1)    to care for a child during the first year after the child’s birth or after the placement of the child through foster care, kinship care, or adoption;
(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 a service member who is the covered individual’s next of kin; or
(5)    because the covered individual has a qualifying exigency arising out of the deployment of a service member who is a family member of the covered individual.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 4 - Administration › Section 8.3-404 - Authorized Actions by Secretary -- Service of Subpoena

(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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 4 - Administration › Section 8.3-405 - Representation of Secretary and State in Civil Actions

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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 4 - Administration › Section 8.3-406 - Annual Report by Secretary -- Information Included

(a)    On or before September 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 this title during the immediately preceding fiscal year.
(b)    The annual report shall include information regarding:
(1)    projected and actual Program participation rates;
(2)    contribution rates;
(3)    projected and actual Fund balances;
(4)    public outreach and technical assistance efforts;
(5)    all enforcement efforts;
(6)    the number and status of complaints under Subtitle 9 of this title;
(7)    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;
(8)    the State agencies and relevant stakeholders that were consulted as required under this title; and
(9)    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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 5 - The Family and Medical Leave Insurance Fund › Section 8.3-502 - Administration of Fund -- Description of Fund -- Retention by State Officers

(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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 5 - The Family and Medical Leave Insurance Fund › Section 8.3-503 - Funds Source -- Commingling of Funds -- Purposes Used

(a)    The Fund consists of:
(1)    employee contributions;
(2)    self–employed individual contributions;
(3)    employer contributions;
(4)    money paid to the Fund for the purpose of reimbursing the Secretary under § 8.3–902 of this title for benefits paid in error;
(5)    interest earned on money in the Fund; and
(6)    money received for the Fund from any other source.
(b)    Money in the Fund may be commingled.
(c)    The Fund may be used only for the purposes of this title.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 5 - The Family and Medical Leave Insurance Fund › Section 8.3-504 - State Treasurer as Fund Custodian -- Immediate Deposit of Funds -- Use of Money in Fund Account

(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; and
(ii)    any costs associated with the initial implementation and ongoing administration of this title.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 5 - The Family and Medical Leave Insurance Fund › Section 8.3-505 - Characteristics of Benefit Checks

A check that the State Treasurer issues to pay benefits or refunds shall:
(1)    be issued only on a warrant signed by the Secretary;
(2)    bear the signature of the State Treasurer; and
(3)    be countersigned by an authorized agent.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 7 - Benefits › Section 8.3-701 - Claims for Benefits by Covered Individuals -- Leave by Eligible Individuals

(a)    (1)    Subject to paragraph (2) of this subsection, beginning January 1, 2025, a covered individual taking leave from employment may submit a claim for benefits to:
(i)    care for a newborn child or a child newly placed for adoption, foster care, or kinship care with the covered individual during the first year after the birth, adoption, or placement;
(ii)    care for a family member with a serious health condition;
(iii)    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)    care for a service member with a serious health condition resulting from military service who is the covered individual’s next of kin; or
(v)    attend to a qualifying exigency arising out of the deployment of a 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 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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 7 - Benefits › Section 8.3-702 - Limits on Receipt of Weeks of Benefits -- Concurrent Benefits -- Prior Exhaustion of Leave -- Eligible Benefits Recipients

(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)    (1)    A covered individual shall exhaust all employer–provided leave that is not required to be provided under law before receiving benefits under this title.
(2)    For the purposes of §§ 8.3–706 and 8.3–707 of this subtitle and §§ 8.3–904 and 8.3–905 of this title, employer–provided leave that is being exhausted as required under paragraph (1) of this subsection shall be treated the same as leave from work for which benefits may be paid under this title.
(3)    This subsection may not be construed to reduce any weeks of leave for which benefits may be paid under this title.
(d)    (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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 7 - Benefits › Section 8.3-704 - Federal Income Tax on Benefits Paid -- Taxes Deducted and Withheld

(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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 7 - Benefits › Section 8.3-705 - Private Employer Plans

(a)    An employer may satisfy the requirements of this title through a private employer plan consisting of employer–provided benefits, insurance, or a combination of both if the private employer plan is offered 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.
(b)    A private employer plan shall be filed with the Department for approval.
(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.