2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 4 - Administration › Section 8.3-403 - Duties of Secretary -- Adoption of Consistent Regulations -- Certifications for Claims -- Funding for Public Education Program

(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 an employee of the employer files a claim for benefits under this title; and
(ii)    notices of elections by self–employed individuals for benefits under § 8.3–201 of this title;
(3)    use information–sharing and integration technology to facilitate the disclosure of relevant information or records needed for the administration of this title; and
(4)    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)    the date on which the serious health condition of the family member, covered individual, or service member commenced;
(ii)    the probable duration of the serious health condition;
(iii)    the appropriate facts related to the serious health condition within the knowledge of the licensed health care provider;
(iv)    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
(v)    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 service member and the expected 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 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 for a claim for benefits under § 8.3–302(2) 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)(4) of this section.
(2)    Materials used in the public education program required under subsection (a)(4) of this section shall be made available in English and Spanish.