reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 7 - Benefits › Section 8.3-706 - Restoration of Covered Individuals to Positions of Employment -- Termination of Employment or Denial of Restoration of Employment

(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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 7 - Benefits › Section 8.3-707 - Continuance of Employment Health Benefits

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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 8 - Notice to Employees › Section 8.3-801 - Written Notice to Employees -- Duty of Employer to Notify Employee of Eligibility -- Standard Notices for Employer to Use

(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 an eligible employee to receive Program benefits under this title;
(ii)    the procedure for filing a claim for benefits;
(iii)    an eligible 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 an eligible 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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 9 - Prohibited Acts; Penalties › Section 8.3-901 - Disqualification for Making False Statements or Failing to Report Material Facts -- Civil Penalty on Employer -- Restrictions on Employer

(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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 9 - Prohibited Acts; Penalties › Section 8.3-902 - Repayment of Benefits -- Waiver of Repayment

(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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 9 - Prohibited Acts; Penalties › Section 8.3-903 - Actions Upon Employer Failure to Pay Contributions

If an employer 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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 9 - Prohibited Acts; Penalties › Section 8.3-904 - Actions Prohibited Against Covered Individuals for Certain Actions

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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 9 - Prohibited Acts; Penalties › Section 8.3-905 - Written Complaint About Employer -- Investigation and Attempt at Resolution by Secretary -- Compliance by Employer

(a)    If an employee believes that an employer has violated this title, the employee may file a written complaint with the Secretary.
(b)    (1)    Within 90 days after the receipt of a written complaint, the Secretary shall conduct an investigation and attempt to resolve the issue informally through mediation.
(2)    (i)    If the Secretary is unable to resolve an issue through mediation during the period stated in paragraph (1) of this subsection and the Secretary determines that an employer has violated this subtitle, the Secretary 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 Commissioner’s discretion, 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.
2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 9 - Prohibited Acts; Penalties › Section 8.3-906 - Appeals by Covered Individuals -- Judicial Review Following Exhaustion of Administrative Remedies -- Confidentiality of Information

(a)    (1)    The Secretary shall establish a system for appeals by covered individuals in the case of denial of benefits under this title.
(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.
2023 Maryland Statutes › Labor and Employment › Title 8.5 - Health Care Payroll Assessment › Section 8.5-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Employee” means all individuals employed full time or part time directly by an employer.
(c)    (1)    Except as provided in paragraph (2) of this subsection, “employer” has the meaning stated in § 10–905 of the Tax – General Article.
(2)    “Employer” does not include the federal government, the State, another state, or a political subdivision of the State or another state.
(d)    (1)    “Health insurance costs” means the amount paid by an employer to provide health care or health insurance to employees in the State to the extent the costs may be deductible by an employer under federal tax law.
(2)    “Health insurance costs” includes payments for medical care, prescription drugs, vision care, medical savings accounts, and any other costs to provide health benefits as defined in § 213(d) of the Internal Revenue Code.
(e)    “Secretary” means the Secretary of Labor.
(f)    “Wages” has the meaning stated in § 10–905 of the Tax – General Article.
2023 Maryland Statutes › Labor and Employment › Title 8.5 - Health Care Payroll Assessment › Section 8.5-103 - Annual Report of Payroll Information; Exemptions

(a)    (1)    On January 1, 2007, and annually thereafter, an employer shall submit on a form and in a manner approved by the Secretary:
(i)    the number of employees of the employer in the State as of 1 day in the year immediately preceding the previous calendar year as determined by the employer on an annual basis;
(ii)    the amount spent by the employer in the year immediately preceding the previous calendar year on health insurance costs in the State; and
(iii)    the percentage of payroll that was spent by the employer in the year immediately preceding the previous calendar year on health insurance costs in the State.
(2)    The Secretary shall adopt regulations that specify the information that an employer shall submit under paragraph (1) of this subsection.
(3)    The information required shall:
(i)    be designated in a report signed by the principal executive officer or an individual performing a similar function; and
(ii)    include an affidavit under penalty of perjury that the information required under paragraph (1) of this subsection:
1.    was reviewed by the signing officer; and
2.    is true to the best of the signing officer’s knowledge, information, and belief.
(b)    When calculating the percentage of payroll under subsection (a)(1)(iii) of this section, an employer may exempt:
(1)    wages paid to any employee in excess of the median household income in the State as published by the United States Census Bureau; and
(2)    wages paid to an employee who is enrolled in or eligible for Medicare.
2023 Maryland Statutes › Labor and Employment › Title 8.5 - Health Care Payroll Assessment › Section 8.5-104 - Computation of Amounts Due; Deductions From Employee Wages Prohibited; Periodic Payments

(a)    An employer that is organized as a nonprofit organization that does not spend up to 6% of the total wages paid to employees in the State on health insurance costs shall pay to the Secretary an amount equal to the difference between what the employer spends for health insurance costs and an amount equal to 6% of the total wages paid to employees in the State.
(b)    An employer that is not organized as a nonprofit organization and does not spend up to 8% of the total wages paid to employees in the State on health insurance costs shall pay to the Secretary an amount equal to the difference between what the employer spends for health insurance costs and an amount equal to 8% of the total wages paid to employees in the State.
(c)    An employer may not deduct any payment made under subsection (a) or (b) of this section from the wages of an employee.
(d)    An employer shall make the payment required under this section to the Secretary on a periodic basis as determined by the Secretary.
2023 Maryland Statutes › Labor and Employment › Title 8.5 - Health Care Payroll Assessment › Section 8.5-105 - Failure to Report or to Make Payment; Sanctions

(a)    Failure to report in accordance with § 8.5-103 of this title shall result in the imposition by the Secretary of a civil penalty of $250 for each day that the report is not timely filed.
(b)    Failure to make the payment required under § 8.5-104 of this title shall result in the imposition by the Secretary of a civil penalty of $250,000.
2023 Maryland Statutes › Labor and Employment › Title 8.5 - Health Care Payroll Assessment › Section 8.5-106 - Reporting by Secretary

(a)    In this section, “health insurance benefits” includes payments for medical care, prescription drugs, vision care, medical savings accounts, and any other costs to provide health benefits, as defined in § 213(d) of the Internal Revenue Code.
(b)    On or before March 15 of each year, the Secretary shall report to the Governor and, in accordance with § 2-1257 of the State Government Article, to the General Assembly on:
(1)    the name of each nonprofit and for profit employer with 10,000 or more employees in the State;
(2)    the employer’s definition of full-time employee and part-time employee;
(3)    the number of full-time employees;
(4)    the number of full-time employees eligible to receive health insurance benefits;
(5)    the number of full-time employees receiving health insurance benefits from the employer;
(6)    the source of health insurance benefits for those eligible full-time employees not receiving health insurance benefits through an employer subject to reporting under this title;
(7)    the number of part-time employees;
(8)    the number of part-time employees eligible to receive health insurance benefits;
(9)    the number of part-time employees receiving health insurance benefits from the employer; and
(10)    the source of health insurance benefits for those eligible part-time employees not receiving health insurance benefits through an employer subject to reporting under this title.
(c)    The information required under subsection (b) of this section shall be reported as of the information reporting date determined by the employer under § 8.5-103(a)(1)(i) of this title.
2023 Maryland Statutes › Labor and Employment › Title 8.5 - Health Care Payroll Assessment › Section 8.5-107 - Duties of Secretary

The Secretary shall:
(1)    on an annual basis, based on the information reported under § 8.5-103(a)(1)(i) of this title:
(i)    verify which employers have 10,000 or more employees in the State; and
(ii)    ensure that all employers with 10,000 or more employees in the State have made the report required under § 8.5-103 of this title;
(2)    adopt regulations to implement this title; and
(3)    pay the revenue from the payroll assessment into the Fund created under § 15-142 of the Health - General Article.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 1 - Definitions; General Provisions › Section 9-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Accidental personal injury” means:
(1)    an accidental injury that arises out of and in the course of employment;
(2)    an injury caused by a willful or negligent act of a third person directed against a covered employee in the course of the employment of the covered employee; or
(3)    a disease or infection that naturally results from an accidental injury that arises out of and in the course of employment, including:
(i)    an occupational disease; and
(ii)    frostbite or sunstroke caused by a weather condition.
(c)    “Child” includes:
(1)    an adopted child;
(2)    an illegitimate child;
(3)    a posthumous child; and
(4)    a stepchild.
(d)    “Commission” means the State Workers’ Compensation Commission.
(e)    (1)    “Compensation” means the money payable under this title to a covered employee or the dependents of a covered employee.
(2)    “Compensation” includes funeral benefits payable under this title.
(f)    “Covered employee” means an individual listed in Subtitle 2 of this title for whom a person, a governmental unit, or a quasi-public corporation is required by law to provide coverage under this title.
(g)    “Occupational disease” means a disease contracted by a covered employee:
(1)    as the result of and in the course of employment; and
(2)    that causes the covered employee to become temporarily or permanently, partially or totally incapacitated.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 1 - Definitions; General Provisions › Section 9-103 - Minor

(a)    Except as otherwise expressly provided in this title, each minor who is a covered employee shall be deemed an adult for purposes of this title.
(b)    Except as otherwise provided in this title, a person other than the minor covered employee does not have a cause of action or right to compensation for an injury to the minor covered employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 1 - Definitions; General Provisions › Section 9-105 - Certificate of Compliance

(a)    Before a governmental unit may issue a license or permit to an employer to engage in an activity in which the employer might employ a covered employee, the employer shall submit to the governmental unit:
(1)    a certificate of compliance with this title; or
(2)    the number of a workers’ compensation insurance policy or binder.
(b)    (1)    The Commission shall provide blank application forms to each governmental unit that issues a license or permit under State law for applicants for the license or permit to use to get a certificate of compliance.
(2)    The application form shall require information that will allow the Commission to determine whether the employer is in compliance with this title.
(c)    To get a certificate of compliance with this title, an employer shall submit to the Commission an application on the form that the Commission provides.
(d)    Within 10 days after the Commission receives an application form under this section, the Commission shall:
(1)    determine whether the applicant is in compliance with this title; and
(2)    mail to the applicant:
(i)    a certificate of compliance; or
(ii)    a notice of rejection, which shall include a statement of the reasons for the rejection.
(e)    An applicant who receives a notice of rejection may:
(1)    reapply for a certificate of compliance; or
(2)    appeal the rejection in accordance with §§ 10-222 and 10-223 of the State Government Article.
(f)    The Commission shall adopt reasonable regulations to administer this section.
(g)    Money for the administration of this section shall be included in the annual State budget.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-202 - Covered Employee

(a)    An individual, including a minor, is presumed to be a covered employee while in the service of an employer under an express or implied contract of apprenticeship or hire.
(b)    A minor may be a covered employee under this section even if the minor is employed unlawfully.
(c)    To overcome the presumption of covered employment, an employer shall establish that the individual performing services is an independent contractor in accordance with the common law or is specifically exempted from covered employment under this subtitle.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-203 - Site of Employment

(a)    Except as otherwise expressly provided, an individual is a covered employee while working for the employer of the individual:
(1)    in this State;
(2)    outside of this State on a casual, incidental, or occasional basis if the employer regularly employs the individual within this State; or
(3)    wholly outside the United States under a contract of employment made in this State for the work to be done wholly outside of the United States.
(b)    (1)    An individual is not a covered employee while working in this State for an employer only intermittently or temporarily if:
(i)    the individual and employer make a contract of hire in another state;
(ii)    neither the individual nor the employer is a resident of this State;
(iii)    the employer has provided workers’ compensation insurance coverage under a workers’ compensation or similar law of another state to cover the individual while working in this State;
(iv)    the other state recognizes the extraterritorial provisions of this title; and
(v)    the other state similarly exempts covered employees and their employers from its law.
(2)    If an individual is exempted from coverage under this subsection and injured in this State while working for the employer of the individual, the sole remedy of the individual is the workers’ compensation or similar law of the state on which the exemption is based.
(3)    A certificate from an authorized officer of the workers’ compensation commission or similar unit of another state certifying that the employer is insured in that state and has provided extraterritorial insurance coverage for the employees of the employer while working within this State is prima facie evidence that the employer carries that compensation insurance.
(c)    Except as otherwise expressly provided, an individual who is employed wholly outside of this State is not a covered employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-204 - Election to Be Subject to Title

(a)    (1)    Except as provided in subsection (b) of this section, with the approval of the Commission, an individual who otherwise would not be a covered employee and the employer of the individual may elect to make the individual a covered employee by filing a joint election with the Commission.
(2)    The right to make an election under this subsection for an individual may be exercised by:
(i)    an individual who is at least 16 years old; or
(ii)    a parent or guardian of an individual who is less than 16 years old.
(b)    An individual who is not a covered employee due to § 9-223(c) of this subtitle and the employer of the individual may not make an election under this section if prohibited by federal law.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-206 - Corporate or Limited Liability Company Officer

(a)    Subject to subsection (b) of this section, an officer of a corporation or a member of a limited liability company is a covered employee if the officer or member provides a service for the corporation or limited liability company for monetary compensation.
(b)    An individual who otherwise would be a covered employee under this section may elect to be exempt from coverage if:
(1)    the individual:
(i)    is an officer of a close corporation, as defined in § 4–101(b) of the Corporations and Associations Article; or
(ii)    is an officer of a close corporation, as defined under the laws of the jurisdiction in which the corporation is incorporated;
(2)    subject to subsection (c)(3) of this section, the individual is an officer of a corporation, other than a close corporation;
(3)    the individual:
(i)    is an officer of a corporation that earns at least 75% of its income from farm operations; and
(ii)    owns at least 20% of the outstanding capital stock of the corporation;
(4)    the individual:
(i)    is an officer of a professional corporation, as defined in § 5–101(c) or (f) of the Corporations and Associations Article;
(ii)    owns at least 20% of the outstanding capital stock of the corporation; and
(iii)    performs for the corporation a professional service, as defined in § 5–101(g) of the Corporations and Associations Article; or
(5)    the individual:
(i)    is a member of a limited liability company, as defined in § 4A–101(k) of the Corporations and Associations Article; and
(ii)    owns at least 20% of the outstanding interests in profits of the limited liability company.
(c)    (1)    A corporation or limited liability company shall submit to the Commission and to the insurer of the corporation or limited liability company a written notice that names the individual who has made an election to be exempt under subsection (b) of this section.
(2)    An election under subsection (b)(1) or (b)(4) of this section is not effective until a corporation or limited liability company complies with this subsection.
(3)    No more than five officers of a corporation described in subsection (b)(2) of this section may elect to be exempt under subsection (b)(2) of this section.
(d)    The Commission shall adopt regulations to carry out this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-207 - Department of Natural Resources -- Covered Employees

(a)    A forest ranger, a park ranger, a wildlife ranger, a registered crew member, a paid law enforcement employee, or an individual engaged for fire fighting by the Department of Natural Resources is a covered employee.
(b)    Notwithstanding § 9–203 of this subtitle, an individual engaged for fire fighting who otherwise would be a covered employee under subsection (a) of this section is a covered employee even if the fire fighting takes place outside of the State.
(c)    Notwithstanding § 9–205 of this subtitle, an individual who otherwise would be a covered employee under subsection (a) of this section is a covered employee even if engaged temporarily or part time.
(d)    For the purpose of this title, the Department of Natural Resources is the employer of an individual who is a covered employee under this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-208 - Distributor or Seller of Newspapers

(a)    An individual is a covered employee if the individual regularly distributes or sells newspapers:
(1)    on the street; or
(2)    to customers at their homes or places of business.
(b)    For the purposes of this title, the employer of an individual who is a covered employee under this section is:
(1)    each independent news agency for which the covered employee sells newspapers; and
(2)    each publisher who engages the covered employee to distribute or sell its newspapers.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-209 - Domestic Servant

(a)    An individual who is employed as a domestic worker in a private home is a covered employee with respect to a household if the individual earns at least $1,000 in cash in a calendar quarter from that household.
(b)    (1)    Except as provided in paragraph (3) of this subsection, an individual and the employer of the individual may elect to make the individual a covered employee by filing a joint election with the Commission, if the individual:
(i)    is employed as a domestic worker in a private home; and
(ii)    would not be a covered employee with respect to a household under the provisions of subsection (a) of this section because the individual earns less than $1,000 in cash in a calendar quarter from that household.
(2)    The right to make an election under paragraph (1) of this subsection for an individual may be exercised by:
(i)    an individual who is at least 16 years old; or
(ii)    a parent or guardian of an individual who is less than 16 years old.
(3)    For an individual who is not a covered employee due to § 9–223(c) of this subtitle, an employer may not make an election under this subsection if prohibited by federal law.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-210 - Farm Worker

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Farmer” includes a dairy farmer.
(3)    (i)    “Migrant farm worker” means an individual who is engaged in seasonal or other temporary agricultural employment and who is:
1.    absent overnight from the permanent residence of the individual; or
2.    transported to and from the place of employment of the individual by a day-haul operation.
(ii)    “Migrant farm worker” does not include an individual who performs a service included in subsection (b) of this section if the individual:
1.    does not operate equipment or machinery; and
2.    is employed:
A.    within 25 miles of the permanent residence of the individual; and
B.    for not more than 13 weeks a year.
(b)    Except as provided in subsection (c) of this section, an individual, including a migrant farm worker, is a covered employee if:
(1)    the individual receives compensation from a farmer for any service other than office work, including:
(i)    operating a machine connected with animal, crop, or soil management;
(ii)    constructing or repairing a fixture or machine; or
(iii)    handling an animal or crop with or without a machine; and
(2)    the farmer has:
(i)    at least 3 full-time employees; or
(ii)    an annual payroll of at least $15,000 for full-time employees.
(c)    An individual, other than a migrant farm worker, who receives compensation from a farmer for a service is not a covered employee if:
(1)    the individual customarily is engaged in an independent business occupation of the same nature as that of the service performed;
(2)    the individual is free from control and direction over the individual’s performance of the service;
(3)    the individual provides the individual’s own equipment, materials, and tools; and
(4)    the farmer is not required to withhold Social Security, unemployment, State, or federal taxes from the compensation paid to the individual.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-212 - Jockey

(a)    (1)    This section applies to each jockey licensed by the State Racing Commission to ride a thoroughbred horse.
(2)    This section applies only at a thoroughbred racing association or training facility under the jurisdiction of the State Racing Commission.
(b)    A jockey is a covered employee while performing a service in connection with:
(1)    live thoroughbred racing; or
(2)    training a thoroughbred race horse, if the principal earnings of the jockey are based on money earned as a jockey during live racing and not as an exercise rider.
(c)    (1)    For the purposes of this title, the employer of a jockey who is a covered employee under this section is the Maryland Jockey Injury Compensation Fund, Inc.
(2)    This subsection does not affect any other provision of law or practice.
(d)    Notwithstanding any other provision of law, this section may not be construed to bar an action by a jockey against a third party.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-214 - Maintenance Worker or Remodeler

An individual who is employed to do maintenance, remodeling, repairs, or similar work is not a covered employee if:
(1)    the individual is employed for not more than 30 consecutive work days; and
(2)    the work is done:
(i)    in or about the private home of the employer; or
(ii)    for an employer with no other covered employee, in or about the premises where the employer carries on a business, profession, or trade.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-215 - Militia

(a)    In this section, “organized militia” includes members of the Maryland Defense Force described under § 13-203 of the Public Safety Article.
(b)    Each officer or enlisted member of the organized militia of the State is a covered employee in peace time, while the member is:
(1)    training as part of the Maryland State Guard; or
(2)    on active military duty in the organized militia under order of the Governor in time of:
(i)    civil disorder;
(ii)    labor disorder;
(iii)    natural disaster; or
(iv)    other events that require the support of the State Militia.
(c)    For the purposes of this title, the State is the employer of an individual who is a covered employee under this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-216 - Miner

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Mine” includes a drift, shaft, slope, tunnel, underground room, and any other underground places or workings.
(3)    “Mineral” includes clay, coal, and iron.
(b)    An individual is a covered employee while working in or about a mine to extract minerals.
(c)    An individual who is a covered employee under subsection (b) of this section is deemed to be employed entirely within this State if the mouth, principal entrance, or tipple of the mine in or about which the individual works is within this State, even if:
(1)    a drift, shaft, slope, or other underground tunnel extends into an adjoining state; and
(2)    the individual is injured or killed while working in the mine within the adjoining state.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-217 - Official of Political Subdivision

(a)    Except as provided in subsection (b) of this section, each appointed or elected official of a political subdivision is a covered employee while performing an official duty.
(b)    A nonsalaried member of a board or commission in Allegany, Carroll, Cecil, Charles, Frederick, Garrett, Queen Anne’s, St. Mary’s, Somerset, Washington, or Worcester County is not a covered employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-218 - Owner Operator of Class F (Tractor) Vehicle

(a)    (1)    This section applies to an individual who is an owner operator of:
(i)    a Class F (tractor) vehicle, as described in § 13-923 of the Transportation Article; or
(ii)    except as provided in paragraph (2) of this subsection, a Class E (truck) vehicle, as described in § 13-916 of the Transportation Article, including a Class E (truck) vehicle described in § 13-919 of the Transportation Article.
(2)    This section does not apply to the owner operator of a vehicle registered as a Class T vehicle under § 13-920 of the Transportation Article.
(b)    An individual who is an owner operator is not a covered employee if:
(1)    the individual and motor carrier make a written agreement for permanent or trip leasing;
(2)    under the agreement:
(i)    there is no intent to create an employer-employee relationship; and
(ii)    the individual is paid rental compensation; and
(3)    for federal tax purposes, the individual qualifies as an independent contractor.
(c)    (1)    A motor carrier who enters into an agreement under subsection (b) of this section is considered a principal contractor under § 9-508 of this title.
(2)    An individual who is an owner operator and enters into an agreement under subsection (b) of this section is:
(i)    considered a subcontractor under § 9-508 of this title;
(ii)    for purposes of being a subcontractor, not considered a covered employee of the entity that the individual operator owns; and
(iii)    not entitled to compensation from a principal contractor under § 9-508 of this title.
(d)    An individual who is an owner operator and enters into a written agreement under subsection (b) of this section shall provide proof of insurance for any covered employee of the individual as may be required by this title.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-219 - Partner

(a)    Unless an election is made in accordance with this section, a partner of a partnership is not a covered employee.
(b)    A partnership may elect to make a partner a covered employee if the partner devotes full time to the business of the partnership.
(c)    An election under this section is not effective until the partnership submits to the Commission and to the insurer of the partnership a written notice that names the individual to be a covered employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-220 - Police

(a)    (1)    Each auxiliary police officer for Baltimore County is a covered employee while on duty as defined in the Baltimore County Police Manual of Rules, Regulations, and Procedures.
(2)    Each auxiliary police officer for Howard County is a covered employee while on duty as defined in the Howard County Police Department’s General Orders.
(b)    (1)    Except as provided in paragraph (2) of this subsection, each member of a volunteer police department is a covered employee.
(2)    A member of a volunteer police department in Allegany, Carroll, Cecil, Charles, Garrett, Queen Anne’s, St. Mary’s, Somerset, Washington, or Worcester County is not a covered employee.
(3)    For the purposes of this title, the political subdivision of the State where the department is organized is the employer of the covered employee in the department.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-221 - Prisoner

(a)    A prisoner is a covered employee while the prisoner is:
(1)    working for a board of county commissioners, a county council, or a county roads board if:
(i)    the county pays the prisoner a wage or stipulated sum; and
(ii)    the prisoner sustains permanent partial or permanent total disability or dies, as a result of an accidental personal injury; or
(2)    engaged in work while under the supervision of Maryland Correctional Enterprises in the Federal Prison Industry Enhancement Program as provided in § 10-308(d) of the Correctional Services Article.
(b)    In Allegany, Anne Arundel, Charles, Montgomery, Washington, and Wicomico counties, payment of a stipend or other money into an account that a correctional institution administers for a prisoner does not constitute payment of a wage or stipulated sum under subsection (a)(1)(i) of this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-222 - Real Estate Salesperson and Associate Real Estate Broker

An individual is not a covered employee if the individual:
(1)    is a licensed real estate salesperson or a licensed associate real estate broker;
(2)    is affiliated with a licensed real estate broker under a written agreement;
(3)    is compensated solely on a commission basis; and
(4)    for federal tax purposes, qualifies as an independent contractor.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-223 - Recipient Under Federal Law

(a)    An individual is not a covered employee if the individual is eligible under a federal law, other than the Social Security Act, for benefits for an accidental personal injury or occupational disease.
(b)    An individual for whom federal law provides a rule of liability for injury or death is not a covered employee.
(c)    Notwithstanding subsections (a) and (b) of this section, if an individual for whom federal law provides a rule of liability or method of compensation and the employer of the individual engage both in intrastate commerce and in foreign or interstate commerce, the individual is a covered employee when engaged in intrastate commerce to the extent that the mutual connection of the individual and the employer with intrastate commerce is clearly distinguishable and separable from foreign or interstate commerce.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-224 - Recipient of Public Assistance

(a)    An individual is a covered employee while the individual is assigned to a job under:
(1)    general public assistance to employables; or
(2)    a work experience program that the Department of Human Services administers as part of its employment initiatives project.
(b)    For the purposes of this title, the Department of Human Services is the employer of an individual who is a covered employee under this section.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-226 - School Aide

(a)    A volunteer aide under § 6-106 of the Education Article is a covered employee.
(b)    For the purposes of this title, the Board of School Commissioners of Baltimore City or the board of education for any other county is the employer of an individual who is a covered employee under this section in that county.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-227 - Sole Proprietor

(a)    Unless an election is made in accordance with this section, a sole proprietor is not a covered employee.
(b)    A sole proprietor may elect to be a covered employee if the proprietor devotes full time to the business of the proprietorship.
(c)    An election under this section is not effective until the proprietor submits to the Commission and to the insurer of the proprietor a written notice that names the individual who is to be a covered employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-228 - Students

(a)    (1)    A student with a disability as defined in § 8–401(a)(2) of the Education Article is a covered employee while working for an employer without wages in a work assignment in accordance with § 8–402 of the Education Article.
(2)    For the purposes of this title, the employer for whom the student with a disability works is the employer of that student.
(b)    (1)    An individual is a covered employee while working as a student intern or student teacher under § 6–107 of the Education Article.
(2)    For the purposes of this title, the Board of School Commissioners of Baltimore City or the board of education for any other county is the employer of an individual who is a covered employee under this subsection in that county.
(c)    (1)    A student is a covered employee when the student has been placed with an employer in an unpaid work–based learning experience coordinated by a county board or private noncollegiate institution under § 7–114 of the Education Article.
(2)    For purposes of this title, the employer for whom the student works in the unpaid work–based learning experience is the employer of that student.
(d)    (1)    (i)    In this subsection the following words have the meanings indicated.
(ii)    “DORS” means the Division of Rehabilitation Services in the State Department of Education.
(iii)    “DORS consumer” has the meaning stated in § 21–310 of the Education Article.
(2)    A DORS consumer is a covered employee when the individual has been placed by DORS with an employer in an unpaid work–based learning experience.
(3)    For purposes of this title, the employer for whom the DORS consumer works in the unpaid work–based learning experience is the employer of the DORS consumer.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-230 - Vanpool Operator or Passenger

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Ridesharing” has the meaning stated in § 11-150.1 of the Transportation Article.
(3)    “Vanpool operation” has the meaning stated in § 11-175.1(a) of the Transportation Article.
(b)    This section applies only with respect to a vanpool operation in which the vehicle:
(1)    is leased, operated, or owned by an employer for ridesharing;
(2)    operates between the residence and place of employment of the passengers; and
(3)    is insured in accordance with § 13-422 of the Transportation Article.
(c)    An individual is a covered employee while operating a vehicle in a vanpool operation as part of the duties of the individual for the employer.
(d)    A passenger in a vanpool operation is not a covered employee.
2023 Maryland Statutes › Labor and Employment › Title 9 - Workers' Compensation › Subtitle 2 - Covered Employees and Employers › Section 9-231 - Volunteer -- in Certain Subdivisions

Except as otherwise expressly provided by law, a volunteer worker for a unit of a political subdivision in Allegany, Carroll, Cecil, Charles, Frederick, Garrett, Queen Anne’s, St. Mary’s, Somerset, Washington, or Worcester County is not a covered employee.