EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0496*
HOUSE BILL 496
K3 2lr0610
By: Delegates Wilson, Valderrama, and Kelly
Introduced and read first time: January 21, 2022
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Labor and Employment – Family and Medical Leave Insurance Program – 2
Establishment 3
FOR the purpose of establishing the Family and Medical Leave Insurance Program in the 4
Maryland Department of Labor to provide certain benefits to individuals who take 5
leave from employment for certain purposes; establishing the Division of Family and 6
Medical Leave Insurance in the Department to administer the Program; establishing 7
the Family and Medical Leave Insurance Fund as a special, nonlapsing fund; 8
requiring, beginning on a certain date, certain employees, employers, and 9
self–employed individuals to contribute to the Fund in a certain manner; requiring 10
the Division, under certain circumstances, to deduct and withhold a certain amount 11
from benefits paid; authorizing certain employees to bring a certain action against 12
certain employers for certain violations of this Act under certain circumstances; 13
requiring the Secretary of Labor to establish a system of appeals for certain covered 14
individuals; requiring that certain judicial review be allowed after a certain 15
aggrieved party has exhausted certain administrative remedies; requiring interest 16
earnings of the Fund to be credited to the Fund; and generally relating to the Family 17
and Medical Leave Insurance Program. 18
BY adding to 19
Article – Labor and Employment 20
Section 8.3–101 through 8.3–1001 to be under the new title “Title 8.3. Family and 21
Medical Leave Insurance Program” 22
Annotated Code of Maryland 23
(2016 Replacement Volume and 2021 Supplement) 24
BY repealing and reenacting, without amendments, 25
Article – State Finance and Procurement 26
Section 6–226(a)(2)(i) 27
Annotated Code of Maryland 28
(2021 Replacement Volume) 29 2 HOUSE BILL 496
BY repealing and reenacting, with amendments, 1
Article – State Finance and Procurement 2
Section 6–226(a)(2)(ii)144. and 145. 3
Annotated Code of Maryland 4
(2021 Replacement Volume) 5
BY adding to 6
Article – State Finance and Procurement 7
Section 6–226(a)(2)(ii)146. 8
Annotated Code of Maryland 9
(2021 Replacement Volume) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Labor and Employment 13
TITLE 8.3. FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. 14
SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS. 15
8.3–101. 16
(A) IN THIS TITLE THE FOLLOWING WORDS HAVE THE MEANI NGS 17
INDICATED. 18
(B) “APPLICATION YEAR ” MEANS THE 12–MONTH PERIOD BEGINNI NG ON 19
THE FIRST DAY OF THE CALENDAR WEEK IN WHI CH A COVERED INDIVID UAL FILES 20
AN APPLICATION FOR B ENEFITS. 21
(C) “BENEFITS” MEANS THE MONEY PAYA BLE UNDER THIS TITLE TO A 22
COVERED INDIVIDUAL . 23
(D) “COVERED EMPLOYEE ” MEANS AN EMPLOYEE WH O HAS WORKED AT 24
LEAST 680 HOURS OVER THE 12–MONTH PERIOD IMMEDIA TELY PRECEDING THE 25
DATE ON WHICH LEAVE IS TO BEGIN. 26
(E) “COVERED INDIVIDUAL ” MEANS A COVERED EMPL OYEE OR A 27
SELF–EMPLOYED INDIVIDUAL WHO ELECTS TO PARTIC IPATE IN THE PROGRAM 28
UNDER § 8.3–201 OF THIS TITLE. 29
(F) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF LABOR. 30
(G) “DIVISION” MEANS THE DIVISION OF FAMILY AND MEDICAL LEAVE 31 HOUSE BILL 496 3
INSURANCE. 1
(H) “EMPLOYER” MEANS A PERSON OR GO VERNMENTAL ENTITY TH AT 2
EMPLOYS AT LEAST ONE INDIVIDUAL IN THE STATE. 3
(I) “FAMILY MEMBER ” MEANS: 4
(1) A BIOLOGICAL CHILD , AN ADOPTED CHILD , A FOSTER CHILD, OR A 5
STEPCHILD OF THE COV ERED INDIVIDUAL ; 6
(2) A CHILD FOR WHOM THE COVERED INDIVIDUAL H AS LEGAL OR 7
PHYSICAL CUSTODY OR GUARDIANSHIP ; 8
(3) A CHILD FOR WHOM THE COVERED INDIVIDUAL S TANDS IN LOCO 9
PARENTIS, REGARDLESS OF THE CH ILD’S AGE; 10
(4) A BIOLOGICAL PARENT , AN ADOPTIVE PARENT , A FOSTER PARENT , 11
OR A STEPPARENT OF T HE COVERED INDIVIDUAL O R OF THE COVERED IND IVIDUAL’S 12
SPOUSE; 13
(5) THE LEGAL GUARDIAN O F THE COVERED INDIVI DUAL OR THE 14
WARD OF THE COVERED INDIVIDUAL OR OF THE COVERED INDIVIDUAL ’S SPOUSE; 15
(6) AN INDIVIDUAL WHO AC TED AS A PARENT OR S TOOD IN LOCO 16
PARENTIS TO THE COVERED INDIV IDUAL OR THE COVERED INDIVIDUAL’S SPOUSE 17
WHEN THE COVERED IND IVIDUAL OR THE COVER ED INDIVIDUAL’S SPOUSE WAS A 18
MINOR; 19
(7) THE SPOUSE OF THE CO VERED INDIVIDUAL ; 20
(8) A BIOLOGICAL GRANDPA RENT, AN ADOPTED GRANDPARE NT, A 21
FOSTER GRANDPA RENT, OR A STEPGRANDPARENT OF THE COVERED INDIV IDUAL; 22
(9) A BIOLOGICAL GRANDCH ILD, AN ADOPTED GRANDCHIL D, A 23
FOSTER GRANDCHILD , OR A STEPGRANDCHILD OF THE COVERED INDIV IDUAL; OR 24
(10) A BIOLOGICAL SIBLING , AN ADOPTED SIBLING , A FOSTER SIBLING, 25
OR A STEPSIBLING OF THE COVE RED INDIVIDUAL . 26
(J) “FUND” MEANS THE FAMILY AND MEDICAL LEAVE INSURANCE FUND 27
ESTABLISHED UNDER § 8.3–501 OF THIS TITLE. 28
(K) “GOVERNMENTAL ENTITY ” HAS THE MEANING STAT ED IN § 8–101 OF 29 4 HOUSE BILL 496
THIS ARTICLE. 1
(L) “NEXT OF KIN” MEANS THE NEARE ST BLOOD RELATIVE . 2
(M) “PROGRAM” MEANS THE FAMILY AND MEDICAL LEAVE INSURANCE 3
PROGRAM ESTABLISHED U NDER § 8.3–301 OF THIS TITLE. 4
(N) “QUALIFYING EXIGENCY ” MEANS ANY OF THE FOL LOWING REASONS 5
FOR WHICH LEAVE MAY BE NEEDED BY A FAMIL Y MEMBER OF A SERVIC E MEMBER: 6
(1) BECAUSE THE SERVICE MEMBER HAS RECEIVED NOTICE OF 7
DEPLOYMENT WITHIN 7 DAYS BEFORE THE DEPL OYMENT IS TO BEGIN ; 8
(2) TO ATTEND MILITARY E VENTS AND RELATED AC TIVITIES 9
INCLUDING FAMILY SUP PORT PROGRAMS RELATE D TO THE ACTIVE DUTY OF THE 10
SERVICE MEMBER; 11
(3) TO ARRANGE , PROVIDE, OR ATTEND CHILD CARE OR SCHOOL 12
ACTIVITIES ONLY WHEN THE SERVICE MEMBER I S ON ACTIVE DUTY CAL L OR ACTIVE 13
DUTY STATUS; 14
(4) TO MAKE FINANCIAL AN D LEGAL ARRANGEMENTS FOR THE 15
SERVICE MEMBER ’S ABSENCE OR BECAUSE OF THE ABSENCE; 16
(5) TO ATTEND COUNSELING THAT: 17
(I) IS NEEDED DUE TO THE ACTIVE DUTY OR CALL TO ACTIVE 18
DUTY STATUS OF THE S ERVICE MEMBER ; AND 19
(II) IS PROVIDED BY AN IN DIVIDUAL WHO IS NOT A LICENSED 20
HEALTH CARE PROVIDER ; 21
(6) TO SPEND UP TO 15 CALENDAR D AYS WITH A SERVICE M EMBER 22
WHO IS ON SHORT –TERM TEMPORARY REST AND RECUPERATION LEA VE DURING 23
THE PERIOD OF DEPLOY MENT; 24
(7) TO ATTEND POSTDEPLOY MENT ACTIVITIES INCL UDING 25
REINTEGRATION SERVIC ES FOR A PERIOD OF 90 DAYS IMMEDIATELY FOL LOWING 26
THE TERMINATION OF ACTIVE STATUS ; 27
(8) TO ATTEND TO MATTERS RELATED TO THE DEATH OF THE 28
SERVICE MEMBER WHILE ON ACTIVE DUTY STATU S; 29
HOUSE BILL 496 5
(9) TO ARRANGE FOR OR PR OVIDE ALTERNATIVE CA RE FOR A PARENT 1
OF THE SERVICE MEMBE R WHEN THE PARENT IS INCAPABLE OF SELF –CARE AND THE 2
COVERED ACTIVE DUTY OR CALL TO ACTIVE DUTY NECESSITATES A CHANG E; OR 3
(10) BECAUSE OF ANY OTHER ISSUES THAT ARISE OU T OF ACTIVE DUTY 4
OR A CALL TO ACTIVE DUTY THAT AN EMPLOYE R AND COVERED EMPLOY EE AGREE 5
SHOULD BE COVERED . 6
(O) “SECRETARY” MEANS THE SECRETARY OF LABOR. 7
(P) (1) “SERIOUS HEALTH CONDIT ION” MEANS AN ILLNESS , AN INJURY, 8
AN IMPAIRMENT , OR A PHYSICAL OR MEN TAL CONDITION THAT I NVOLVES: 9
(I) INPATIENT CARE IN A HOSPITAL, HOSPICE, OR RESIDENTIAL 10
HEALTH CARE FACILITY ; 11
(II) CONTINUED TRE ATMENT BY A LICENSED HEALTH CARE 12
PROVIDER; OR 13
(III) CONTINUED TREATMENT OR SUPERVISION AT HO ME BY A 14
LICENSED HEALTH CARE PROVIDER OR OTHER CO MPETENT INDIVIDUAL U NDER 15
THE SUPERVISION OF A LICENSED HEALTH CARE PROVIDER. 16
(2) “SERIOUS HEALTH CONDIT ION” INCLUDES AN ILLNESS , AN 17
INJURY, AN IMPAIRMENT , OR A PHYSICAL OR MEN TAL CONDITION DESCRI BED IN 18
PARAGRAPH (1) OF THIS SUBSECTION T HAT CONTINUES OVER A N EXTENDED 19
PERIOD OF TIME AND R EQUIRES INTERMITTENT TREATMENT . 20
(Q) “SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS AN ACTIVE DUTY OR 21
FORMER MEMBER OF : 22
(1) THE UNITED STATES ARMED FORCES ; 23
(2) A RESERVE COMPONENT OF THE UNITED STATES ARMED FORCES ; 24
OR 25
(3) THE NATIONAL GUARD OF ANY STATE . 26
(R) “TREATMENT” INCLUDES: 27
(1) EXAMINATIONS OR TEST ING TO DETERMINE THE EXTENT TO 28
WHICH A SERIOUS HEAL TH CONDITION EXISTS OR PERSISTS; 29
6 HOUSE BILL 496
(2) ONGOING OR PERIODIC EVALUATIONS OF THE S ERIOUS HEALTH 1
CONDITION; AND 2
(3) ACTUAL TREATMENT BY A HEALTH CARE PROVID ER. 3
8.3–102. 4
(A) THIS SECTION DOES NOT APPLY TO THE DISCLOS URE OF INFORMATION 5
TO: 6
(1) A PUBLIC EMPLOYEE IN THE PERFORMANCE OF T HE PUBLIC 7
EMPLOYEE’S OFFICIAL DUTIES; 8
(2) THE INDIVIDUAL TO WH OM THE INFORMATION R ELATES; OR 9
(3) IF AN AUTHORIZED REP RESENTATIVE HAS THE SIGNED 10
AUTHORIZATION OF THE INDIVIDUAL TO WHO M THE INFORMATION RE LATES, THE 11
AUTHORIZED REPRESENT ATIVE. 12
(B) AN EMPLOYEE OF THE DEPARTMENT MAY NOT DI SCLOSE INFORMATION 13
RELATING TO AN INDIV IDUAL WHO HAS APPLIE D FOR OR RECEIVED BE NEFITS 14
UNDER THIS TITLE . 15
SUBTITLE 2. SCOPE OF TITLE. 16
8.3–201. 17
(A) (1) A SELF–EMPLOYED INDIVIDUAL MAY ELECT TO PARTICI PATE IN 18
THE PROGRAM BY FILING A W RITTEN NOTICE OF ELE CTION WITH THE SECRETARY 19
IN ACCORDANCE WITH R EGULATIONS ADOPTED B Y THE SECRETARY. 20
(2) AN ELECTION MADE UNDE R PARAGRAPH (1) OF THIS SUBSECTION 21
BECOMES EF FECTIVE ON THE DATE THE WRITTEN NOTICE I S FILED. 22
(B) (1) IF A SELF–EMPLOYED INDIVIDUAL ELECTS TO PARTICIPAT E IN 23
THE PROGRAM UNDER SUBSECT ION (A) OF THIS SECTION , THE INDIVIDUAL SHALL 24
PARTICIPATE FOR AN I NITIAL PERIOD OF NOT LESS THAN 3 YEARS. 25
(2) ONCE THE INITIAL PARTICIP ATION PERIOD EXPIRES , THE 26
SELF–EMPLOYED INDIVIDUAL MAY RENEW PARTICIPAT ION IN THE PROGRAM FOR A 27
PERIOD OF NOT LESS T HAN 1 YEAR. 28
(3) IF THE SELF–EMPLOYED INDIVIDUAL DOES NOT WISH TO REN EW 29 HOUSE BILL 496 7
PARTICIPATION IN THE PROGRAM UNDER PARAGRA PH (2) OF THIS SUBSECTION , 1
WITHIN 30 DAYS BEFORE THE PART ICIPATION PERIOD EXP IRES, THE 2
SELF–EMPLOYED INDIVIDUAL SHALL NOTIFY THE SECRETARY IN WRITING OF THE 3
SELF–EMPLOYED INDIVIDUAL ’S WITHDRAWAL FROM TH E PROGRAM. 4
(C) DURING THE PERIOD A S ELF–EMPLOYED INDIVIDUAL PARTICIPA TES IN 5
THE PROGRAM, THE SELF–EMPLOYED INDIVIDUAL SHALL PAY THE CONTRI BUTION 6
REQUIRED UNDER § 8.3–601 OF THIS TITLE. 7
8.3–202. 8
THIS TITLE MAY NOT BE CONSTRUED TO DIMINIS H AN EMPLOYER ’S 9
OBLIGATION TO COMPLY WITH A COLLECTIVE BA RGAINING AGREEMENT OR AN 10
EMPLOYER POLICY THAT ALLOWS AN EMPLOYEE T O TAKE LEAVE FOR A L ONGER 11
PERIOD OF TIME THAN THE EMPLOYEE WOULD B E ABLE TO RECEIVE BE NEFITS 12
UNDER THIS TITLE . 13
8.3–203. 14
(A) AN EMPLOYEE ’S RIGHT TO BENEFITS UNDER THIS TITLE MAY NOT BE 15
DIMINISHED B Y A COLLECTIVE BARGA INING AGREEMENT ENTE RED INTO OR 16
RENEWED OR BY AN EMP LOYER POLICY ADOPTED OR RETAINED ON OR AF TER JUNE 17
1, 2021. 18
(B) AN AGREEMENT TO WAIVE THE EMPLOYEE ’S RIGHTS UNDER THIS TITLE 19
IS VOID AS AGAINST P UBLIC POLICY. 20
SUBTITLE 3. ESTABLISHMENT OF THE DIVISION AND PROGRAM. 21
8.3–301. 22
(A) THERE IS A DIVISION OF FAMILY AND MEDICAL LEAVE INSURANCE IN 23
THE DEPARTMENT . 24
(B) THE DIVISION OF FAMILY AND MEDICAL LEAVE INSURANCE SHALL 25
PERFORM ANY FUNCTION S THAT THE SECRETARY ASS IGNS TO IT TO CARRY OUT 26
THIS TITLE. 27
(C) (1) (I) IN ACCORDANCE WITH TH E PROVISIONS OF THE STATE 28
PERSONNEL AND PENSIONS ARTICLE, THE SECRETARY MAY EMPLOY THE STAFF 29
NECESSARY TO CARRY O UT THIS TITLE. 30
(II) IN ACCORDANCE WITH TH E STATE BUDGET , THE 31 8 HOUSE BILL 496
SECRETARY MAY SET THE COMP ENSATION OF AN EMPLO YEE UNDER THIS 1
SUBSECTION IN A POSI TION THAT: 2
1. IS UNIQUE TO THE DEPARTMENT ; 3
2. REQUIRES SPECIFIC SK ILLS OR EXPERIENCE T O 4
PERFORM THE DUTIES O F THE POSITION; AND 5
3. DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 6
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 7
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 8
(III) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 9
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 10
WHICH THE SECRETARY MAY SET COMPENS ATION UNDER SUBPARAGRAPH (II) OF 11
THIS PARAGRAPH . 12
(IV) SUBJECT TO OTHER APPL ICABLE PROVISIONS OF THIS 13
TITLE, THE SECRETARY MAY APPOINT EMPLOYEES AND SET TH EIR POWERS AND 14
DUTIES AS NECESSARY TO CARRY OUT THIS TI TLE. 15
(2) THE SECRETARY SHALL DETER MINE WHETHER AN EMPL OYEE 16
WHO HANDLES MONEY FO R THE DEPARTMENT UNDER THIS TITLE SHOULD BE 17
COVERED UNDER A BOND . 18
(3) (I) THE SECRETARY SHALL PRINT : 19
1. THIS TITLE; 20
2. EACH ANNUAL REPORT T HAT THE SECRETARY 21
SUBMITS TO THE GOVERNOR; AND 22
3. ANY OTHER MATERIAL T HAT THE SECRETARY 23
CONSIDERS RELEVANT A ND SUITABLE. 24
(II) ON REQUEST BY ANY PER SON, THE SECRETARY SHALL GIVE 25
THE PERSON A COPY OF : 26
1. ANY MATERIAL THAT TH E SECRETARY PRINTS UNDE R 27
THIS SUBSECTION ; AND 28
2. THE CURRENT REGULATIONS ADOPTED TO CARRY 29
OUT THIS TITLE. 30 HOUSE BILL 496 9
8.3–302. 1
(A) THERE IS A FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. 2
(B) THE PURPOSE OF THE PROGRAM IS TO PROVIDE TEMPORARY BENEFITS 3
TO A COVERED INDIVID UAL WHO IS TAKING LE AVE FROM EMPLOYMENT : 4
(1) TO CARE FOR A CHILD DURING THE FIRST YEA R AFTER THE 5
CHILD’S BIRTH OR AFTER THE PLACEMENT OF THE CHI LD THROUGH FOSTER CA RE, 6
KINSHIP CARE, OR ADOPTION; 7
(2) TO CARE FOR A FAMILY MEMBER WITH A SERIOU S HEALTH 8
CONDITION; 9
(3) BECAUSE THE COVERED INDIVIDUAL HAS A SERIOUS HE ALTH 10
CONDITION THAT RESUL TS IN THE COVERED IN DIVIDUAL BEING UNABL E TO 11
PERFORM THE FUNCTION S OF THE COVERED IND IVIDUAL’S POSITION; 12
(4) TO CARE FOR A SERVIC E MEMBER WHO IS THE COVERED 13
INDIVIDUAL’S NEXT OF KIN; OR 14
(5) BECAUSE THE COV ERED INDIVIDUAL HAS A QUALIFYING 15
EXIGENCY ARISING OUT OF THE DEPLOYMENT OF A SERVICE MEMBER WHO IS A 16
FAMILY MEMBER OF THE COVERED INDIVIDUAL . 17
SUBTITLE 4. ADMINISTRATION . 18
8.3–401. 19
THIS TITLE SHALL BE A DMINISTERED UNDER TH E SUPERVISION OF THE 20
SECRETARY B Y THE DIVISION OF FAMILY AND MEDICAL LEAVE INSURANCE 21
ESTABLISHED UNDER § 8.3–301 OF THIS TITLE. 22
8.3–402. 23
THE SECRETARY MAY DELEGAT E TO AN EMPLOYEE OF THE DEPARTMENT ANY 24
POWER OR DUTY THAT I S REASONABLE AND PRO PER FOR THE ADMINIST RATION OF 25
THIS TITLE. 26
8.3–403. 27
(A) THE SECRETARY SHALL : 28 10 HOUSE BILL 496
(1) SUBJECT TO SUBSECTIO N (B) OF THIS SECTION , ADOPT 1
REGULATIONS NECESSAR Y TO CARRY OUT THIS TITLE; 2
(2) ESTABLISH PROCEDURES AND FORMS FOR FILING CLAIMS FOR 3
BENEFITS, INCLUDING: 4
(I) PROCEDURES FOR NOTIF YING AN EMPLOYER WITHIN 5 5
BUSINESS DAYS AFTER AN EMPLOYEE OF THE E MPLOYER FILES A CLAI M FOR 6
BENEFITS UNDER THIS TITLE; AND 7
(II) NOTICES OF ELECTIONS BY SELF–EMPLOYED INDIVIDUALS 8
FOR BENEFITS UNDER § 8.3–201 OF THIS TITLE; 9
(3) USE INFORMATION –SHARING AND INT EGRATION TECHNOLOGY TO 10
FACILITATE THE DISCL OSURE OF RELEVANT IN FORMATION OR RECORDS NEEDED 11
FOR THE ADMINISTRATI ON OF THIS TITLE; AND 12
(4) SUBJECT TO SUBSECTIO N (D) OF THIS SECTION , CARRY OUT A 13
PUBLIC EDUCATION PRO GRAM. 14
(B) THE REGULATIONS ADOPT ED UNDER SUBSECTION (A)(1) OF THIS 15
SECTION SHALL BE CON SISTENT WITH REGULAT IONS ADOPTED TO IMPL EMENT THE 16
FEDERAL FAMILY AND MEDICAL LEAVE ACT AND ANY RELEVANT STATE LAWS TO 17
THE EXTENT THAT THE ADOPTED REGULATIONS DO NOT CONFLICT WITH THIS 18
TITLE. 19
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A COVERED 20
INDIVIDUAL UNDER § 8.3–302(B)(2), (3), (4), OR (5) OF THIS TITLE SHALL PROVIDE 21
CERTIFICATION FOR A CLAIM FOR BENEFITS U NDER THIS TITLE. 22
(2) A CERTIFICATION FOR A CLAIM FOR BENEFITS F OR A COVERED 23
INDIVIDUAL UNDER § 8.3–302(B)(2), (3), OR (4) OF THIS TITLE SHALL INCLUDE: 24
(I) THE DATE ON WHICH TH E SERIOUS HEALTH CON DITION OF 25
THE FAMILY MEMBER , COVERED INDIVIDUAL , OR SERVICE MEMBER CO MMENCED; 26
(II) THE PROBABLE DURATIO N OF THE SERIOUS HEA LTH 27
CONDITION; 28
(III) THE APPROPRIATE FACT S RELATED TO THE SER IOUS 29
HEALTH CONDITION WIT HIN THE KNOWLEDGE OF THE LICENSED HEALTH CARE 30
PROVIDER; 31 HOUSE BILL 496 11
(IV) 1. FOR A CLAIM FOR BENE FITS UNDER § 8.3–302(B)(2) 1
OF THIS TITLE, A STATEMENT THAT THE COVERED INDIVIDUAL N EEDS TO CARE FOR 2
A FAMILY MEMBER AND AN ESTIMATE OF THE A MOUNT OF TIME REQUIR ED TO 3
PROVIDE THE CARE ; OR 4
2. FOR A CLAIM FOR BENE FITS UNDER § 8.3–302(B)(3) 5
OF THIS TITLE, A STATEMENT THAT THE COVERED INDIVIDUAL I S UNABLE TO 6
PERFORM THE FUNCTION S OF THE COVERED INDIVIDUAL’S POSITION; AND 7
(V) FOR A CERTIFICATION FOR INTERMITTENT LEA VE, THE 8
EXPECTED DATES AND D URATION OF THE LEAVE . 9
(3) THE SECRETARY SHALL ESTAB LISH STANDARDS IN RE GULATION 10
FOR THE CERTIFICATIO N OF CLAIMS FOR BENE FITS UNDER § 8.3–302(B)(5) OF THIS 11
TITLE. 12
(D) (1) THE SECRETARY MAY USE A P ORTION OF THE FUNDS PAID UNDER 13
§ 8.3–601 OF THIS TITLE OR OTH ER AVAILABLE FUNDING TO PAY FOR AND CARRY 14
OUT THE REQUIREMENTS UNDER SUBSECTION (A)(4) OF THIS SECTION. 15
(2) MATERIALS USED IN THE PUBLIC EDUCATIO N PROGRAM 16
REQUIRED UNDER SUBSE CTION (A)(4) OF THIS SECTION SHAL L BE MADE AVAILABLE 17
IN ENGLISH AND SPANISH. 18
8.3–404. 19
(A) TO ENFORCE THIS TITLE , THE SECRETARY MAY : 20
(1) CONDUCT AN INVESTIGA TION UNDER THIS TITL E, ON THE 21
SECRETARY’S OWN INITIATIVE OR ON RECEIPT OF A WRITTEN COMPLAINT; 22
(2) ADMINISTER AN OATH ; 23
(3) CERTIFY TO AN OFFICI AL ACT; 24
(4) TAKE A DEPOSITION ; 25
(5) ISSUE A SUBPOENA FOR THE ATTENDANCE OF A WITNESS TO 26
TESTIFY OR THE PRODU CTION OF BOOKS , CORRESPONDENCE , MEMORANDA , 27
PAPERS, OR OTHER RECORDS; AND 28
(6) BRING A CIVIL ACTION IN THE COUNTY WHERE THE VIOLATION 29 12 HOUSE BILL 496
ALLEGEDLY OCCURRED . 1
(B) (1) A SUBPOENA ISSUED UNDE R SUBSECTION (A)(5) OF THIS SECTION 2
SHALL BE SERVED IN A NY MANNER IN WHICH A SUBPOENA OF A COURT MAY BE 3
SERVED. 4
(2) IF A PERSON FAILS TO COMP LY WITH A SUBPOENA I SSUED UNDER 5
SUBSECTION (A)(5) OF THIS SECTION ON A COMPLAINT FILED BY T HE SECRETARY, 6
THE CIRCUIT COURT FO R THE COUNTY WHERE T HE INVESTIGATION IS BEING 7
CONDUCTED OR WHERE T HE PERSON RESIDES , IS PRESENT, OR TRANSACTS 8
BUSINESS MAY ISSUE AN ORDER DIRECTING COMP LIANCE WITH THE SUBP OENA OR 9
COMPELLING TESTIMONY . 10
(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 11
PERSON MAY NOT BE EX CUSED FROM COMPLYING WITH A SUBPOENA ISSU ED UNDER 12
SUBSECTION (A)(5) OF THIS SECTION ON THE GROUND THAT T HE EVIDENCE OR 13
TESTIMONY REQUIRED M AY TEND TO INCRIMINA TE THE PERSON OR SUB JECT THE 14
PERSON TO A FORFEITU RE OR PENALTY . 15
(II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 16
THIS SUBPARAGRAPH , AFTER CLAIMING THE P RIVILEGE AGAINST 17
SELF–INCRIMINATION , A PERSON MAY NOT BE PROSECUTED OR SUBJEC TED TO ANY 18
FORFEITURE OR PENALT Y BECAUSE OF ANY MAT TER, THING, OR TRANSACTION 19
ABOUT WHICH THE PERS ON IS COMPELLED TO P RODUCE EVIDENCE OR T ESTIFY. 20
2. IF THE PERSON COMMITS PERJURY WHILE GIVING 21
TESTIMONY, THE PERSON IS SUBJEC T TO PROSECUTION FOR THAT OFFENSE . 22
8.3–405. 23
IN A CIVIL ACTION TO ENFORCE THIS TITLE , THE SECRETARY AND THE STATE 24
MAY BE REPRESENTED B Y: 25
(1) THE ATTORNEY GENERAL; OR 26
(2) ANY QUALIFIED ATTORN EY WHO: 27
(I) IS A SALARIED EMPLOYEE OF THE SECRETARY; AND 28
(II) ON RECOMMENDATION OF THE ATTORNEY GENERAL, IS 29
DESIGNATED TO REPRES ENT THE SECRETARY OR THE BOARD OF APPEALS AND THE 30
STATE. 31
HOUSE BILL 496 13
8.3–406. 1
(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, THE SECRETARY SHALL 2
SUBMIT TO THE GOVERNOR AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE 3
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY AN ANNUAL RE PORT ON THE 4
ADMINISTRATION AND O PERATION OF THIS TIT LE DURING THE IMMEDI ATELY 5
PRECEDING FISCAL YEA R. 6
(B) THE ANNUAL REPORT SHA LL INCLUDE INFORMATI ON REGARDING: 7
(1) PROJECTED AND ACTUAL PROGRAM PARTICIPATION RATES; 8
(2) CONTRIBUTION RATES ; 9
(3) PROJECTED AND ACTUAL FUND BALANCES ; 10
(4) PUBLIC OUTREACH AND TECHNICAL ASSISTANCE EFFORTS; 11
(5) ALL ENFORCEMENT EFFO RTS; 12
(6) THE NUMBER AND STATU S OF COMPLAINTS UNDER SUBTITLE 9 OF 13
THIS TITLE; AND 14
(7) THE COST OF ADMINIST ERING THE PROGRAM. 15
SUBTITLE 5. THE FAMILY AND MEDICAL LEAVE INSURANCE FUND. 16
8.3–501. 17
THERE IS A FAMILY AND MEDICAL LEAVE INSURANCE FUND. 18
8.3–502. 19
(A) THE SECRETARY SHALL ADMIN ISTER THE FUND. 20
(B) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT SUBJECT TO 21
§ 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 22
(C) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , AND THE 23
COMPTROLLER SHALL ACC OUNT FOR THE FUND. 24
8.3–503. 25
14 HOUSE BILL 496
(A) THE FUND CONSISTS OF : 1
(1) EMPLOYEE CONTRIBUTIO NS REQUIRED UNDER § 8.3–601 OF THIS 2
TITLE; 3
(2) SELF–EMPLOYED INDIVIDUAL CONTRIBUTIONS REQUIRED UNDER 4
§ 8.3–601 OF THIS TITLE; 5
(3) EMPLOYER CONTRIBUTIO NS REQUIRED UNDER § 8.3–601 OF THIS 6
TITLE; 7
(4) MONEY PAID TO THE FUND FOR THE PURPOSE OF REIMBURSING 8
THE SECRETARY UNDER § 8.3–902 OF THIS TITLE FOR BE NEFITS PAID IN ERROR ; 9
(5) INTEREST EARNED ON M ONEY IN THE FUND; AND 10
(6) MONEY RECEIVED FOR T HE FUND FROM ANY OTHER S OURCE. 11
(B) MONEY IN THE FUND MAY BE COMMINGLE D. 12
(C) THE FUND MAY BE USED ONLY FOR THE PURPOSES OF THIS TITLE. 13
8.3–504. 14
(A) (1) THE STATE TREASURER IS CUSTODIA N OF THE FUND. 15
(2) THE STATE TREASURER SHALL MANAG E THE FUND IN 16
ACCORDANCE WITH REGU LATIONS THAT THE SECRETARY ADOPTS. 17
(B) UNDER THE DIRECTION O F THE SECRETARY, THE STATE TREASURER 18
SHALL ESTABLISH THE FUND ACCOUNT IN ANY F INANCIAL INSTITUTION IN WHICH 19
THE GENERAL FUND OF THE STATE MAY BE DEPOSITE D. 20
(C) ON RECEIPT OF ANY MON EY PAYABLE TO THE FUND, THE SECRETARY 21
SHALL ENSURE IMMEDIA TE DEPOSIT OF THE MO NEY INTO THE FUND ACCOUNT AS 22
REQUIRED BY THE STATE TREASURER. 23
(D) IN ACCORDANCE WITH RE GULATIONS THAT THE SECRETARY ADOPTS , 24
MONEY IN THE FUND ACCOUNT : 25
(1) SHALL BE USED TO PAY BENEFITS UNDER THIS TITLE; AND 26
(2) MAY BE USED TO PAY F OR: 27 HOUSE BILL 496 15
(I) THE PUBLIC EDUCATION PROGRAM; AND 1
(II) ANY COSTS ASSOCIATED WITH THE INITIAL 2
IMPLEMENTATION AND O NGOING ADMINISTRATIO N OF THIS TITLE. 3
8.3–505. 4
A CHECK THAT THE STATE TREASURER ISSUES TO P AY BENEFITS OR 5
REFUNDS SHAL L: 6
(1) BE ISSUED ONLY ON A WARRANT SIGNED BY TH E SECRETARY; 7
(2) BEAR THE SIGNATURE O F THE STATE TREASURER; AND 8
(3) BE COUNTERSIGNED BY AN AUTHORIZED AGENT . 9
8.3–506. 10
THIS TITLE DOES NOT G RANT AN EMPLOYEE ANY PRIOR CLAIM OR RIGHT TO 11
MONEY THE EMPLOYEE PAYS INTO T HE FUND. 12
SUBTITLE 6. CONTRIBUTIONS . 13
8.3–601. 14
(A) BEGINNING JANUARY 1, 2023, EACH EMPLOYEE OF AN EMPLOYER, 15
EACH EMPLOYER WITH 15 OR MORE EMPLOYEES , AND EACH SELF –EMPLOYED 16
INDIVIDUAL PARTICIPA TING IN THE PROGRAM SHALL CONTRIB UTE TO THE FUND. 17
(B) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 18
SECRETARY SHALL SET A TOTAL RATE OF CONTRI BUTION TO BE PAID IN 19
ACCORDANCE WITH THIS SUBSECTION. 20
(II) THE TOTAL RATE OF CON TRIBUTION ESTABLISHE D UNDER 21
SUBPARAGRAPH (I) OF THIS PARAGRAPH: 22
1. MAY NOT EXCEED 1.0% OF AN EMPLOYEE ’S WAGES; 23
2. SHALL BE APPLIED TO ALL WAGES UP TO AND 24
INCLUDING THE SOCIAL SECURITY WAGE BASE ; 25
3. EXCEPT AS PROVIDED U NDER PARAGRAPH (3)(I)2 OF 26 16 HOUSE BILL 496
THIS SUBSECTION , SHALL BE SHARED EQUA LLY BY EMPLOYERS AND EMPLOY EES; 1
AND 2
4. SHALL BE SUFFICIENT TO FUND THE BENEFITS 3
PAYABLE UNDER THIS T ITLE. 4
(2) (I) EACH EMPLOYER WITH 15 OR MORE EMPLOYEES SHALL 5
CONTRIBUTE AN AMOUNT EQUAL TO 50% OF THE TOTAL RATE OF CONTRIBUTION 6
FOR EACH EMPLOYEE EM PLOYED BY THE EMPLOYER . 7
(II) 1. FOR THE PURPOSE OF DE TERMINING WHETHER AN 8
EMPLOYER IS REQUIRED TO CONTRIBUTE , THE NUMBER OF EMPLOY EES OF AN 9
EMPLOYER SHALL BE DE TERMINED BY CALCULAT ING THE AVERAGE MONT HLY 10
NUMBER OF EMPLOYEES EMPLOYED BY THE EMPL OYER DURING TH E IMMEDIATELY 11
PRECEDING 12–MONTH PERIOD . 12
2. EACH EMPLOYEE OF AN E MPLOYER SHALL BE 13
INCLUDED IN THE CALC ULATION MADE UNDER S UBSUBPARAGRAPH 1 OF THIS 14
SUBPARAGRAPH WITHOUT REGARD TO WHETHER TH E EMPLOYEE IS A FULL –TIME, 15
PART–TIME, TEMPORARY , OR SEASONAL EMPLOYEE OR WOULD BE ELIGIBLE FOR 16
BENEFITS UNDER TH IS TITLE. 17
(3) (I) 1. EACH EMPLOYEE OF AN E MPLOYER WITH 15 OR MORE 18
EMPLOYEES SHALL CONTRIBUTE AN AMOUNT EQUAL TO 50% OF THE TOTAL RATE 19
OF CONTRIBUTION . 20
2. EACH EMPLOYEE OF AN E MPLOYER WITH LESS THAN 21
15 EMPLOYEES SHALL CONT RIBUTE AN AMOUNT PROPORTIO NALLY EQUAL TO THE 22
AMOUNT CONTRIBUTED B Y AN EMPLOYEE UNDER SUBSUBPARAGRAPH 1 OF THIS 23
SUBPARAGRAPH . 24
(II) THE EMPLOYER OF THE EMPL OYEE SHALL DEDUCT TH E 25
CONTRIBUTION REQUIRE D UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH FR OM 26
THE WAGES OF THE EMP LOYEE. 27
(4) EACH SELF–EMPLOYED INDIVIDUAL PARTICIPATING IN THE 28
PROGRAM SHALL : 29
(I) PAY CONTRIBUTIONS DU RING EACH YEAR THAT THE 30
SELF–EMPLOYED INDIVIDUAL PARTICIPATES IN THE PROGRAM; AND 31
(II) CONTRIBUTE AN AMOUNT EQUAL TO THE TOTAL R ATE OF 32
CONTRIBUTION ESTABLI SHED UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION . 33 HOUSE BILL 496 17
SUBTITLE 7. BENEFITS. 1
8.3–701. 2
(A) BEGINNING JULY 1, 2024, A COVERED INDIVIDUAL TAKING LEAVE FROM 3
EMPLOYMENT MAY SUBMI T A CLAIM FOR BENEFI TS TO: 4
(1) CARE FOR A NEWBORN C HILD OR A CHILD NEWL Y PLACED FOR 5
ADOPTION, FOSTER CARE , OR KINSHIP CARE WITH THE COVERED INDIVIDU AL 6
DURING THE FIRST YEA R AFTER THE BIRTH , ADOPTION, OR PLACEMENT ; 7
(2) CARE FOR A FAMILY ME MBER WITH A SERIOUS HEALTH 8
CONDITION; 9
(3) ATTEND TO A SERIOUS HEALTH CONDITION THA T RESULTS IN THE 10
COVERED INDIVIDUAL B EING UNABLE TO PERFO RM THE FUNCTIONS OF THE 11
COVERED INDIVIDUAL ’S POSITION; 12
(4) CARE FOR A SERVICE M EMBER WITH A SERIOUS HEALTH 13
CONDITION RESULTING FROM MILITARY SERVIC E WHO IS THE COVERED 14
INDIVIDUAL’S NEXT OF KIN; OR 15
(5) ATTEND TO A QUALIFYING EX IGENCY ARISING OUT O F THE 16
DEPLOYMENT OF A SERV ICE MEMBER WHO IS A FAMILY MEMBER OF THE COVERED 17
INDIVIDUAL. 18
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A COVERED 19
INDIVIDUAL MAY TAKE THE LEAVE FOR WHICH THE INDIVIDUAL IS EL IGIBLE FOR 20
BENEFITS UNDER SUBSE CTION (A) OF THIS SECTION ON A N INTERMITTENT LEAVE 21
SCHEDULE. 22
(2) IF LEAVE IS TAKEN ON AN INTERMITTENT LEAV E SCHEDULE, THE 23
COVERED INDIVIDUAL S HALL: 24
(I) MAKE A REASONABLE EF FORT TO SCHEDULE THE 25
INTERMITTENT LEAVE I N A MANNE R THAT DOES NOT UNDU LY DISRUPT THE 26
OPERATIONS OF THE EM PLOYER; AND 27
(II) PROVIDE THE EMPLOYER WITH REASONABLE AND 28
PRACTICABLE PRIOR NO TICE OF THE REASON F OR WHICH THE INTERMI TTENT 29
LEAVE IS NECESSARY . 30
18 HOUSE BILL 496
(3) IF LEAVE IS TAKEN ON AN INTERMITTENT LEAV E SCHEDULE, AN 1
EMPLOYER MAY NOT RED UCE THE TOTAL AMOUNT OF LEAVE TO WHICH TH E 2
COVERED INDIVIDUAL I S ENTITLED BEYOND TH E AMOUNT OF LEAVE AC TUALLY 3
TAKEN. 4
8.3–702. 5
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 6
COVERED INDIVIDUAL M AY NOT RECEIVE MORE THAN 12 WEEKS OF BENEFITS IN AN 7
APPLICATION YEAR . 8
(2) A COVERED INDIVIDUAL M AY RECEIVE AN ADDITI ONAL 12 WEEKS 9
OF BENEFITS IF THE C OVERED INDIVIDUAL DU RING THE SAME APPLIC ATION YEAR: 10
(I) RECEIVED BENEFITS BE CAUSE THE COVERED IN DIVIDUAL 11
WAS ELIGIBLE FOR BENEFITS UNDER § 8.3–701(A)(3) OF THIS SUBTITLE; AND 12
(II) BECOMES ELIGIBLE FOR BENEFITS UNDER § 13
8.3–701(A)(1), (2), (4), OR (5) OF THIS SUBTITLE. 14
(B) IF A COVERED INDIVIDU AL TAKES LEAVE FOR W HICH THE COVERED 15
INDIVIDUAL IS RECEIV ING BENEFITS UNDER THIS TITLE, THE LEAVE SHALL RUN 16
CONCURRENTLY WITH EL IGIBLE LEAVE THAT MA Y BE TAKEN BY THE CO VERED 17
INDIVIDUAL UNDER THE FEDERAL FAMILY AND MEDICAL LEAVE ACT. 18
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 19
AN INDIVIDUAL RECE IVING BENEFITS UNDER TITLE 8 OF THIS ARTICLE OR W AGE 20
REPLACEMENT BENEFITS UNDER TITLE 9 OF THIS ARTICLE IS N OT ELIGIBLE TO 21
RECEIVE BENEFITS UND ER THIS TITLE. 22
(2) AN INDIVIDUAL RECEIVI NG COMPENSATION FOR A PERMANENT 23
PARTIAL DISABILITY U NDER TITLE 9 OF THIS ARTICLE MAY BE EL IGIBLE FOR 24
BENEFITS UNDER THIS TITLE. 25
8.3–703. 26
(A) AN EMPLOYER MAY ALLOW A COVERED INDIVIDUAL TO USE PAID 27
VACATION, PAID SICK LEAVE , OR OTHER PAID TIME O FF UNDER AN EMPLOYER 28
POLICY IN ADDITION T O THE BENEFITS AVAIL ABLE UNDER THIS TIT LE TO REPLACE 29
THE COVERED INDIVIDU AL’S WAGES UP TO 100% OF THE COVERED INDIV IDUAL’S 30
WEEKLY WAGE DURING T HE PERIOD OF LEAVE F OR WHICH BENEFITS AR E RECEIVED 31
UNDER THIS TITLE . 32
HOUSE BILL 496 19
(B) AN EMPLOYER CONTRIBUT ING TO THE FUND MAY REQUIRE A COVERED 1
INDIVIDUAL WHO REC EIVES BENEFITS UNDER THIS TITLE TO USE TH OSE BENEFITS 2
CONCURRENTLY WITH FA MILY OR MEDICAL LEAV E BENEFITS PROVIDED UNDER AN 3
EMPLOYER POLICY . 4
8.3–704. 5
(A) FOR THE PURPOSES OF T HIS SECTION: 6
(1) THE COVERED INDIVIDU AL’S AVERAGE WEEKLY WAG E SHALL BE 7
CALCULATED AS THE TOTAL W AGES RECEIVED BY THE COVERED INDIVIDUAL O VER 8
THE LAST 680 HOURS FOR WHICH THE COVERED INDIVIDUAL W AS PAID DIVIDED BY 9
THE NUMBER OF WEEKS WORKED; AND 10
(2) THE STATE AVERAGE WEEKLY WAGE SHALL BE THE WA GE 11
CALCULATED UNDER § 9–603 OF THIS ARTICLE. 12
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE WEEKLY 13
BENEFIT AMOUNT PAYAB LE TO A COVERED INDI VIDUAL UNDER THIS TI TLE SHALL 14
BE: 15
(I) IF THE COVERED INDIV IDUAL’S AVERAGE WEEKLY WAG E IS 16
65% OR LESS OF THE STATE AVERAGE WEEKLY WAGE, 90% OF THE COVERED 17
INDIVIDUAL’S AVERAGE WEEKLY WAG E; 18
(II) IF THE COVERED INDIV IDUAL’S AVERAGE WEEKLY WAG E IS 19
GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE, THE SUM OF: 20
1. 90% OF THE COVERED INDIV IDUAL’S AVERAGE 21
WEEKLY WAGE UP TO 65% OF THE STATE AVERAGE WEEKLY WAGE; AND 22
2. 50% OF THE COVERED INDIV IDUAL’S AVERAGE 23
WEEKLY WAGE THAT IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE; 24
OR 25
(III) IF THE COVERED INDIV IDUAL IS TAKING PART IALLY PAID 26
LEAVE, THE LESSER OF: 27
1. THE AMOUNT REQUIRED TO MAKE UP THE 28
DIFFERENCE BETWEEN T HE WAGES PAID TO THE COVERED INDIVIDUAL W HILE THE 29
COVERED INDIVIDUAL I S TAKING PARTIALLY P AID LEAVE AND THE FU LL WAGES 30
NORMALLY PAID TO THE COVERED INDIVIDUAL ; AND 31
20 HOUSE BILL 496
2. IF THE COVERED INDIV IDUAL’S AVERAGE WEEKLY 1
WAGE IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE, THE SUM OF: 2
A. 90% OF THE COVERED INDIV IDUAL’S AVERAGE 3
WEEKLY WAGE UP TO 65% OF THE STATE AVERAGE WEEKLY WAGE ; AND 4
B. 50% OF THE COVERED INDIV IDUAL’S AVERAGE 5
WEEKLY WAGE THAT IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE. 6
(2) THE WEEKLY BENEFIT AM OUNT PAYABLE UNDER P ARAGRAPH (1) 7
OF THIS SUBSECTION : 8
(I) SHALL BE AT LEAST $50; AND 9
(II) MAY NOT EXCEED : 10
1. FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 11
2024, $1,000; AND 12
2. FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 13
2025, AND EACH SUBSEQUENT 12–MONTH PERIOD , THE AMOUNT DETERMINE D AND 14
ANNOUNCED BY THE SECRETARY UNDER PARAG RAPH (3) OF THIS SUBSECTION . 15
(3) (I) IN THIS PARAGRAPH , “CONSUMER PRICE INDEX” MEANS 16
THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE 17
WASHINGTON–ARLINGTON–ALEXANDRIA, DC–VA–MD–WV METROPOLITAN AREA 18
OR A SUCCESSOR INDEX PUBLISHED BY THE FED ERAL BUREAU OF LABOR 19
STATISTICS. 20
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (IV) OF THIS 21
PARAGRAPH , FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 2025, AND EACH 22
SUBSEQUENT 12–MONTH PERIOD , THE MAXIMUM WEEKLY B ENEFIT AMOUNT SHALL 23
BE INCREASED BY THE AMOUNT, ROUNDED TO T HE NEAREST CENT , THAT EQUALS 24
THE PRODUCT OF : 25
1. THE MAXIMUM WEEKLY B ENEFIT AMOUNT IN EFF ECT 26
FOR THE IMMEDIATELY PRECEDING 12–MONTH PERIOD ; AND 27
2. THE ANNUAL PERCENT AGE GROWTH IN THE 28
CONSUMER PRICE INDEX FOR THE IMMEDIA TELY PRECEDING 12–MONTH PERIOD , 29
AS DETERMINED BY THE SECRETARY UNDER SUBPA RAGRAPH (III)1 OF THIS 30
PARAGRAPH . 31
HOUSE BILL 496 21
(III) BEGINNING MARCH 1, 2025, AND ON EACH SUBSEQUE NT 1
SEPTEMBER 1, THE SECRETARY SHALL DETER MINE AND ANNOUNCE : 2
1. THE ANNUAL PERCENT AGE GROWTH, IF ANY, IN THE 3
CONSUMER PRICE INDEX BASED ON THE MO ST RECENT 12–MONTH PERIOD FOR 4
WHICH DATA ARE AVAIL ABLE ON SEPTEMBER 1; AND 5
2. THE MAXIMUM WEEKLY B ENEFIT AMOUNT EFFECT IVE 6
FOR THE 12–MONTH PERIO D BEGINNING THE IMME DIATELY FOLLOWING JULY 1. 7
(IV) IF THERE IS A DECLINE OR NO GROWTH IN THE CONSUMER 8
PRICE INDEX, THE MAXIMUM WEEKLY B ENEFIT AMOUNT SHALL REMAIN THE SAME 9
AS THE AMOUNT THAT W AS IN EFFECT FOR THE PRECEDING 12–MONTH PERIOD . 10
(C) AN INCREASE IN THE WEEKLY B ENEFIT AMOUNT UNDER SUBSECTION 11
(B)(3) OF THIS SECTION APPL IES ONLY TO A CLAIM FOR BENEFITS FILED A FTER THE 12
DATE THE INCREASE BE COMES EFFECTIVE . 13
(D) THE DIVISION SHALL: 14
(1) NOTIFY THE EMPLOYER OF A COVERED INDIVID UAL WITHIN 5 15
BUSINESS DAYS AFTER THE CO VERED INDIVIDUAL FIL ES A CLAIM FOR BENEF ITS 16
UNDER THIS TITLE ; 17
(2) APPROVE OR DENY THE CLAIM AND NOTIFY THE COVERED 18
INDIVIDUAL WITHIN 10 BUSINESS DAYS AFTER THE COVERED INDIVIDU AL FILES THE 19
CLAIM; 20
(3) MAKE THE FIRST PAYME NT OF BENE FITS TO A COVERED 21
INDIVIDUAL WITHIN 5 BUSINESS DAYS AFTER THE CLAIM IS APPROVE D; AND 22
(4) MAKE SUBSEQUENT PAYM ENTS EVERY 2 WEEKS UNTIL THE 23
BENEFIT PERIOD ENDS . 24
8.3–705. 25
(A) IF THE INTERNAL REVENUE SERVICE DETERMINES TH AT BENEFITS 26
PAID UNDER THIS SUBTITLE ARE SUBJECT TO FEDERAL INCOME TA X, AT THE TIME 27
A COVERED INDIVIDUAL FILES A NEW CLAIM FO R BENEFITS, THE DIVISION SHALL 28
NOTIFY THE COVERED I NDIVIDUAL THAT : 29
(1) THE INTERNAL REVENUE SERVICE HAS DETERMINE D THAT THE 30
BENEFITS ARE SUBJECT TO FEDERAL INCOME TAX; 31 22 HOUSE BILL 496
(2) THERE ARE REQUIREMEN TS REGARDING ESTIMAT ED TAX 1
PAYMENTS; 2
(3) THE COVERED INDIVIDU AL MAY ELECT TO HAVE FEDERAL 3
INCOME TAX DEDUCTED AND WITHHELD FROM TH E BENEFITS THAT THE COVERED 4
INDIVIDUAL RECEIVES UNDER THIS TITLE AT THE RATE SPECIFI ED IN THE 5
INTERNAL REVENUE CODE; AND 6
(4) THE COVERED INDIVIDU AL IS ALLOWED TO CHA NGE A 7
PREVIOUSLY ELECTED W ITHHOLDING STATUS . 8
(B) (1) IF A COVERED INDIVIDU AL ELECTS TO HAVE FE DERAL INCOME 9
TAX DEDUCTED AND WIT HHELD UNDER SUBSECTI ON (A)(3) OF THIS SECTION, THE 10
DIVISION SHALL DEDUCT AND WITHHOLD AN AMOU NT AT THE RATE SPECI FIED IN 11
THE INTERNAL REVENUE CODE IN A MANNER REQU IRED BY THE INTERNAL 12
REVENUE SERVICE. 13
(2) IF THE DIVISION DEDUCTS AND WITHHOLDS FEDERAL IN COME 14
TAX UNDER PARAGRAPH (1) OF THIS SUBSEC TION, THE AMOUNT DEDUCTED AND 15
WITHHELD SHALL REMAI N IN THE FUND UNTIL IT IS TRAN SFERRED TO THE 16
INTERNAL REVENUE SERVICE AS A PAYMENT OF INCOME TAX. 17
8.3–706. 18
(A) AN EMPLOYER MAY SATIS FY THE REQUIREMENTS OF THIS TITLE 19
THROUGH A PRIVATE EM PLOYER PLAN CONSI STING OF EMPLOYER –PROVIDED 20
BENEFITS, INSURANCE, OR A COMBINATION OF BOTH IF THE PRIVATE EMPLOYER 21
PLAN IS OFFERED TO A LL OF THE EMPLOYER ’S ELIGIBLE EMPLOYEES AND MEETS 22
OR EXCEEDS THE RIGHT S, PROTECTIONS , AND BENEFITS PROVIDE D TO A COVERED 23
EMPLOYEE UNDER THI S TITLE. 24
(B) A PRIVATE EMPLOYER PLA N SHALL BE FILED WIT H THE DIVISION FOR 25
APPROVAL. 26
(C) AN EMPLOYER THAT PROV IDES COVERED EMPLOYE ES WITH A PRIVATE 27
EMPLOYER PLAN AND AN EMPLOYEE THAT IS COV ERED BY A PRIVATE EM PLOYER 28
PLAN ARE EXEMPT FROM THE CONTRIBUTION S REQUIRED UNDER SUBTITLE 6 OF 29
THIS TITLE. 30
8.3–707. 31
IF A COVERED INDIVIDU AL RECEIVES BENEFITS UNDER THIS TITLE OR TAKES 32 HOUSE BILL 496 23
LEAVE FROM WORK FOR WHICH BENEFITS MAY B E PAID UNDER THIS TI TLE, THE 1
EMPLOYER OF THE COVE RED INDIVIDUAL SHALL , ON THE EXPIRATION OF THE 2
LEAVE, RESTORE THE COVERED INDIVIDUAL TO AN EQU IVALENT POSITION OF 3
EMPLOYMENT . 4
8.3–708. 5
IF A COVERED INDIVIDU AL IS RECEIVING BENE FITS UNDER THIS TITL E OR IS 6
TAKING LEAVE FOR WHI CH BENEFITS MAY BE P AID UNDER THIS TITLE , THE 7
EMPLOYER OF THE COVE RED INDIVIDUAL SHALL CON TINUE ANY EMPLOYMENT 8
BENEFITS IN THE SAME MANNER AS REQUIRED U NDER TITLE 3, SUBTITLE 12 OF 9
THIS ARTICLE FOR THE TIME PERIOD THAT THE COVERED INDIVIDUAL I S ABSENT 10
FROM WORK OR RECEIVI NG BENEFITS UNDER TH IS TITLE. 11
SUBTITLE 8. NOTICE TO EMPLOYEES. 12
8.3–801. 13
(A) AN EMPLOYER SHALL PRO VIDE WRITTEN NOTICE TO EACH EMPLOYEE 14
OF THE RIGHTS AND DU TIES OF AN EMPLOYEE UNDER THIS TITLE AT THE TIME OF 15
HIRE AND ANNUALLY TH EREAFTER. 16
(B) (1) WHEN AN EMPLOYEE REQU ESTS LEAVE UNDER THI S TITLE, OR 17
WHEN AN EMPLOYER KNOWS THAT AN EMPLOYEE ’S LEAVE MAY BE FOR A REASON 18
UNDER § 8.3–302 OF THIS TITLE, THE EMPLOYER SHALL N OTIFY THE EMPLOYEE O F 19
THE EMPLOYEE ’S ELIGIBILITY TO TAK E LEAVE FOR WHICH BE NEFITS MAY BE PAID 20
UNDER THIS TITLE WIT HIN 5 BUSINESS DAYS. 21
(2) THE NOTICE PROVIDED UN DER PARAGRAPH (1) OF THIS 22
SUBSECTION SHALL INC LUDE: 23
(I) THE RIGHT OF AN ELIG IBLE EMPLOYEE TO REC EIVE 24
PROGRAM BENEFITS UNDE R THIS TITLE; 25
(II) THE PROCEDURE FOR FI LING A CLAIM FOR BEN EFITS; 26
(III) AN ELIGIBLE EMPLOYEE ’S RESPONS IBILITIES WITH 27
RESPECT TO PROVIDING NOTIFICATION PRIOR T O THE COMMENCEMENT O F LEAVE 28
AND ANY PENALTIES FO R FAILING TO DO SO; 29
(IV) THE RIGHT OF AN EMPL OYEE TO FILE A COMPL AINT FOR 30
ALLEGED VIOLATIONS O F THIS TITLE; 31
24 HOUSE BILL 496
(V) THE RIGHT OF AN ELIG IBLE EMPLOYE E TO JOB 1
PROTECTION ; AND 2
(VI) A DESCRIPTION OF THE PROHIBITED ACTS , PENALTIES, AND 3
COMPLAINT PROCEDURES UNDER SUBTITLE 9 OF THIS TITLE. 4
(C) THE NOTICES REQUIRED UNDER THIS SUBTITLE SHALL BE PROVIDED IN 5
ACCORDANCE WITH REGU LATIONS ADOPTED BY T HE SECRETARY. 6
SUBTITLE 9. PROHIBITED ACTS; PENALTIES. 7
8.3–901. 8
(A) IF AN INDIVIDUAL WILL FULLY MAKES A FALSE STATEMENT OR 9
MISREPRESENTATION RE GARDING A MATERIAL F ACT OR WILLFULLY FAI LS TO 10
REPORT A MATERIAL FA CT TO OBTAIN BENEFIT S UNDER THIS TITLE , THE 11
INDIVIDUAL IS DISQUA LIFIED FROM RECEIVIN G BENEFITS FOR 1 YEAR. 12
(B) IF AN EMPLOYER WILLFU LLY MAKES OR CAUSES TO BE MADE A FALSE 13
STATEMENT OR WILLFUL LY FAILS TO REPORT A MATERIAL FACT REGARD ING A 14
CLAIM FOR BENEFITS B Y AN EMPLOYEE , THE EMPLOYER IS SUBJ ECT TO A CIVIL 15
PENALTY OF UP TO $1,000 FOR EACH OCCURRENCE . 16
(C) AN EMPLOYER MAY NOT W ILLFULLY: 17
(1) FAIL OR REFUSE TO PA Y CONTRIBUTIONS TO T HE FUND; OR 18
(2) TAKE DEDUCTIONS FROM THE WAGES OF AN EMPL OYEE TO PAY 19
ANY PORTION OF THE E MPLOYER CONTRIBUTION S DUE FROM THE EMPLOYER . 20
8.3–902. 21
(A) THE DIVISION MAY SEEK REP AYMENT OF BENEFITS F ROM AN 22
INDIVIDUAL WHO RECEI VED BENEFITS UNDER T HIS TITLE IF: 23
(1) THE BENEFITS WERE PA ID ERRONEOUSLY OR AS A RESULT OF 24
WILLFUL MISREPRESENT ATION BY THE INDIVID UAL; OR 25
(2) A CLAIM FOR BENEFITS UNDER THIS TITLE IS REJECTED AFTER 26
THE BENEFITS WERE PA ID. 27
(B) THE SECRETARY MAY WAIVE I N WHOLE OR IN PART T HE REPAYMENT OF 28
BENEFITS UNDER SUBSE CTION (A) OF THIS SECTION IF: 29 HOUSE BILL 496 25
(1) THE ERROR IN PAYMENT WAS NOT DUE TO ANY F ALSE STATEMENT, 1
NONDISCLOSURE OF MAT ERIAL FACT, OR MISREPRESENTATION BY A COVERED 2
INDIVIDUAL; OR 3
(2) THE REPAYMENT WOULD BE AGAINST EQUITY AN D GOOD 4
CONSCIENCE OR ADMINI STRATIVE EFFICIENCY . 5
8.3–903. 6
IF AN EMPLOYER FAILS TO PAY THE CONTRIBUT IONS DUE TO THE FUND, THE 7
SECRETARY MAY , IN ACCORDANCE WITH § 8.3–404 OF THIS TITLE: 8
(1) ASSESS THE AMOUNT OF CONTRIBUTIONS AND IN TEREST DUE; 9
(2) MAKE AN ADDITIONAL A SSESSMENT IN AN AMOU NT NOT TO 10
EXCEED TWO TIMES THE CONTRIBUTIONS WITHHE LD, AS A PENALTY FOR FAI LURE 11
TO PAY THE CONTRIBUT IONS DUE; AND 12
(3) ORDER AN AUDIT OF TH E EMPLOYER FOR THE I MMEDIATELY 13
FOLLOWING FISCAL YEA R TO INVESTIGATE AND DETERMINE COMPLIANCE WITH 14
THIS TITLE AND TITLES 3, 8, AND 9 OF THIS ARTICLE. 15
8.3–904. 16
A PERSON MAY NOT DISCH ARGE, DEMOTE, OR OTHERWISE DISCRIM INATE OR 17
TAKE ADVERSE ACTION AGAINST A COVERED IN DIVIDUAL BECAUSE THE COVERED 18
INDIVIDUAL HAS: 19
(1) FILED FOR, APPLIED FOR, OR RECEIVED BENEFITS , OR TAKEN 20
FAMILY OR MEDICAL LE AVE FOR WHICH BENEFI TS MAY BE PAID UNDER THIS TITLE; 21
(2) INQUIRED ABOUT THE R IGHTS AND RESPONSIBI LITIES UNDER 22
THIS TITLE; 23
(3) COMMUNICATED TO THE PERSON AN INTENT TO FILE A CLAIM, A 24
COMPLAINT, OR AN APPEAL UNDER T HIS TITLE; OR 25
(4) TESTIFIED OR INTENDS TO TESTIFY OR OTHERW ISE HAS ASSISTED 26
IN A PROCEEDING UNDER THIS TITLE . 27
8.3–905. 28
26 HOUSE BILL 496
(A) (1) AN EMPLOYEE ALLEGING A VIOLATION OF THIS SUBTITLE MAY 1
FILE A COMPLAINT WIT H THE SECRETARY TO RECOVER LOST WAGES AND DAMAG ES 2
EQUAL TO THE AMOUNT OF WAGES, SALARY, EMPLOYMENT BENEFITS , OR OTHER 3
COMPENSATION DENIED OR LOST, AND APPROPRIATE PUNI TIVE DAMAGES . 4
(2) A COMPLAINT UNDER THIS SUBSECTION MAY ALSO SEEK 5
APPROPRIATE RELIEF I NCLUDING REINSTATEME NT OR THE HIRING OF EMPLOYEES 6
WITH OR WITHOUT BACK PAY. 7
(B) THIS SECTION DOES NOT DEPRIVE A PRIVATE RI GHT OR CAUSE OF 8
ACTION TO ANY EMPLOY EE FOR VIOLATIONS OF § 8.3–904 OF THIS SUBTITLE OR § 9
8.3–707 OF THIS TITLE. 10
8.3–906. 11
(A) (1) NOTWITHSTANDING ANY A DMINISTRATIVE REMEDY AVAILABLE 12
UNDER § 8.3–905 OF THIS SUBTITLE, AN EMPLOYEE MAY BRIN G AN ACTION AGAINST 13
AN EMPLOYER FO R VIOLATIONS OF § 8.3–904 OF THIS SUBTITLE OR § 8.3–707 OR § 14
8.3–708 OF THIS TITLE TO REC OVER LOST WAGES AND DAMAGES EQUAL TO THE 15
AMOUNT OF WAGES , SALARY, EMPLOYMENT BENEFITS , OR OTHER COMPENSATIO N 16
DENIED OR LOST , AND APPROPRIATE PUNI TIVE DAMAGES . 17
(2) AN ACTION UNDER THIS SUBSECTION MAY SEEK INJUNCTIVE AND 18
OTHER APPROPRIATE EQ UITABLE RELIEF INCLU DING REINSTATEMENT O R THE 19
HIRING OF EMPLOYEES WITH OR WITHOUT BACK PAY. 20
(B) ON A FINDING THAT AN EMPLOYEE IS ENTITLED TO JUDGMENT IN AN 21
ACTION UNDER SUBSECT ION (A) OF THIS SECTION , THE COURT SHALL ALLO W 22
AGAINST THE EMPLOYER REASONABLE ATTORNEY ’S FEES AND OTHER COS TS. 23
8.3–907. 24
(A) (1) THE SECRETARY SHALL ESTAB LISH A SYSTEM FOR AP PEALS BY 25
COVERED INDIVIDUALS IN THE CASE OF DENIA L OF BENEFITS UNDER THIS TITLE. 26
(2) THE SECRETARY MAY USE THE PROCEDURES UNDER § 8–806 OF 27
THIS ARTICLE FOR THE SYSTEM REQUIRED UNDE R PARAGRAPH (1) OF THIS 28
SUBSECTION. 29
(B) JUDICIAL REVIEW OF AN Y DECISION WITH RESP ECT TO BENEFITS 30
UNDER THIS TITLE SHA LL BE ALLOWED IN A C OURT OF COMPETEN T JURISDICTION 31
AFTER AN AGGRIEVED P ARTY HAS EXHAUSTED A LL ADMINISTRATIVE RE MEDIES 32
ESTABLISHED BY THE SECRETARY UNDER THIS TITLE. 33 HOUSE BILL 496 27
(C) THE SECRETARY SHALL IMPLE MENT PROCEDURES TO E NSURE 1
CONFIDENTIALITY OF A LL INFORMATION RELAT ED TO ANY CLAIMS FIL ED OR 2
APPEALS TAKEN TO THE MAX IMUM EXTENT ALLOWED BY LAW. 3
SUBTITLE 10. SHORT TITLE. 4
8.3–1001. 5
THIS TITLE MAY BE CIT ED AS THE MARYLAND FAMILY AND MEDICAL LEAVE 6
INSURANCE PROGRAM. 7
Article – State Finance and Procurement 8
6–226. 9
(a) (2) (i) Notwithstanding any other provision of law, and unless 10
inconsistent with a federal law, grant agreement, or other federal requirement or with the 11
terms of a gift or settlement agreement, net interest on all State money allocated by the 12
State Treasurer under this section to special funds or accounts, and otherwise entitled to 13
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 14
Fund of the State. 15
(ii) The provisions of subparagraph (i) of this paragraph do not apply 16
to the following funds: 17
144. the Health Equity Resource Community Reserve Fund; 18
[and] 19
145. the Access to Counsel in Evictions Special Fund; AND 20
146. THE FAMILY AND MEDICAL LEAVE INSURANCE 21
FUND. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 23
apply only prospectively and may not be applied or interpreted to have any effect on or 24
application to any collective bargaining agreement entered into before the effective date of 25
this Act. 26
SECTION 3. AND BE IT FURTHER ENACTED, That, on or before October 1, 2022, 27
the Secretary of Labor shall adopt regulations as required under § 8.3–403 of the Labor and 28
Employment Article, as enacted by Section 1 of this Act. 29
SECTION 4. AND BE IT FURTHER ENACTED, That it is the intent of the General 30
Assembly that: 31 28 HOUSE BILL 496
(1) general funds be loaned to the Family and Medical Leave Insurance 1
Fund by July 1, 2023, in an amount sufficient to supplement contributions and provide 2
funding for costs to administer the Family and Medical Leave Insurance Program; and 3
(2) any funds loaned to the Family and Medical Leave Insurance Fund be 4
repaid to the General Fund by the Secretary of Labor as soon as the Fund receives enough 5
contributions to become self–sustaining. 6
SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect June 7
1, 2022. 8