2023 Maryland Statutes › Labor and Employment › Title 8.3 - Family and Medical Leave Insurance Program › Subtitle 7 - Benefits › Section 8.3-703 - Amount of Weekly Benefit Amount -- Timing of Increase in Weekly Benefit Amount -- Duties of Department -- Notice to Employers of Increases

(a)    For the purposes of this section:
(1)    the covered individual’s average weekly wage shall be calculated as the total wages received by the covered individual over the last 680 hours for which the covered individual was paid divided by the number of weeks worked; and
(2)    the State average weekly wage shall be the wage calculated under § 9–603 of this article.
(b)    (1)    Subject to paragraph (2) of this subsection, the weekly benefit amount payable to a covered individual under this title shall be:
(i)    if the covered individual’s average weekly wage is 65% or less of the State average weekly wage, 90% of the covered individual’s average weekly wage;
(ii)    if the covered individual’s average weekly wage is greater than 65% of the State average weekly wage, the sum of:
1.    90% of the covered individual’s average weekly wage up to 65% of the State average weekly wage; and
2.    50% of the covered individual’s average weekly wage that is greater than 65% of the State average weekly wage; or
(iii)    if the covered individual is taking partially paid leave, the lesser of:
1.    the amount required to make up the difference between the wages paid to the covered individual while the covered individual is taking partially paid leave and the full wages normally paid to the covered individual; and
2.    if the covered individual’s average weekly wage is greater than 65% of the State average weekly wage, the sum of:
A.    90% of the covered individual’s average weekly wage up to 65% of the State average weekly wage; and
B.    50% of the covered individual’s average weekly wage that is greater than 65% of the State average weekly wage.
(2)    The weekly benefit amount payable under paragraph (1) of this subsection:
(i)    shall be at least $50; and
(ii)    may not exceed:
1.    for the 12–month period beginning January 1, 2025, $1,000; and
2.    for the 12–month period beginning January 1, 2026, and each subsequent 12–month period, the amount determined and announced by the Secretary under paragraph (3) of this subsection.
(3)    (i)    In this paragraph, “Consumer Price Index” means the Consumer Price Index for All Urban Consumers for the Washington–Arlington–Alexandria, DC–VA–MD–WV metropolitan area or a successor index published by the federal Bureau of Labor Statistics.
(ii)    Subject to subsection (e) of this section, for the 12–month period beginning January 1, 2026, and each subsequent 12–month period, the maximum weekly benefit amount shall be increased by the amount, rounded to the nearest cent, that equals the product of:
1.    the maximum weekly benefit amount in effect for the immediately preceding 12–month period; and
2.    the annual percentage growth in the Consumer Price Index for the immediately preceding 12–month period, as determined by the Secretary under subparagraph (iii)1 of this paragraph.
(iii)    Beginning September 1, 2025, and on each subsequent September 1, the Secretary shall determine and announce:
1.    the annual percentage growth, if any, in the Consumer Price Index based on the most recent 12–month period for which data are available on September 1; and
2.    the maximum weekly benefit amount effective for the 12–month period beginning the immediately following January 1.
(c)    An increase in the weekly benefit amount under subsection (b)(3) of this section applies only to a claim for benefits filed after the date the increase becomes effective.
(d)    The Department shall:
(1)    notify the employer of a covered individual within 5 business days after the covered individual files a claim for benefits under this title;
(2)    approve or deny the claim and notify the covered individual and the covered individual’s employer within 10 business days after the covered individual files the claim;
(3)    make the first payment of benefits to a covered individual within 5 business days after the claim is approved; and
(4)    make subsequent payments every 2 weeks until the benefit period ends.
(e)    (1)    In this subsection, “Board” means the Board of Public Works.
(2)    Subject to paragraph (4) of this subsection, on or before September 1 each year, beginning in 2025, the Board shall determine whether the seasonally adjusted total employment from the Current Employment Statistics series as reported by the U.S. Bureau of Labor Statistics for the most recent 6–month period is negative as compared with the immediately preceding 6–month period.
(3)    (i)    Subject to paragraph (4) of this subsection, the Board may temporarily suspend an increase in the maximum weekly benefit specified under subsection (b)(2)(ii) of this section if the Board determined under paragraph (2) of this subsection that the seasonally adjusted total employment is negative.
(ii)    If the seasonally adjusted total employment is negative, the Board may consider the performance of State revenues in the immediately preceding 6 months, as reported by the Office of the Comptroller, in determining whether to temporarily suspend an increase to the maximum weekly benefit specified under subsection (b)(2)(ii) of this section.
(4)    If the Board temporarily suspends an increase to the maximum weekly benefit specified under subsection (b)(2)(ii)2 of this section:
(i)    the maximum weekly benefit in effect for the period beginning the following January 1 shall remain the same as the rate that was in effect for the immediately preceding 12–month period; and
(ii)    the Board shall notify the Secretary that the maximum weekly benefit increase for the period beginning the following January 1 is suspended for 1 year.
(f)    The Department shall notify each employer of the increase to the maximum weekly benefit specified under subsection (b)(2)(ii) of this section.