EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0496*
HOUSE BILL 496
K3 2lr0610
By: Delegates Wilson, Valderrama Delegates Valderrama, Wilson, and Kelly
Introduced and read first time: January 21, 2022
Assigned to: Economic Matters
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 10, 2022
CHAPTER ______
AN ACT concerning 1
Labor and Employment – Commission on the Establishment of a Family and 2
Medical Leave Insurance Program – Establishment 3
FOR the purpose of establishing the Commission on the Establishment of a Family and 4
Medical Leave Insurance Program in the Maryland Department of Labor to provide 5
certain benefits to individuals who take leave from employment for certain purposes; 6
establishing the Division of Family and Medical Leave Insurance in the Department 7
to administer the Program; establishing the Family and Medical Leave Insurance 8
Fund as a special, nonlapsing fund; requiring, beginning on a certain date, certain 9
employees, employers, and self–employed individuals to contribute to the Fund in a 10
certain manner; requiring the Division, under certain circumstances, to deduct and 11
withhold a certain amount from benefits paid; authorizing certain employees to bring 12
a certain action against certain employers for certain violations of this Act under 13
certain circumstances; requiring the Secretary of Labor to establish a system of 14
appeals for certain covered individuals; requiring that certain judicial review be 15
allowed after a certain aggrieved party has exhausted certain administrative 16
remedies; requiring interest earnings of the Fund to be credited to the Fund; to study 17
and make recommendations for establishing a Family Medical Leave and Insurance 18
Program in the State; providing that the intent of the General Assembly is to 19
establish a certain statutory framework for a family medical leave and insurance 20
program in the State that is effective not later than a certain date; and generally 21
relating to the Family and Medical Leave Insurance Program a State family and 22
medical leave insurance program. 23
BY adding to 24 2 HOUSE BILL 496
Article – Labor and Employment 1
Section 8.3–101 through 8.3–1001 to be under the new title “Title 8.3. Family and 2
Medical Leave Insurance Program” 3
Annotated Code of Maryland 4
(2016 Replacement Volume and 2021 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – State Finance and Procurement 7
Section 6–226(a)(2)(i) 8
Annotated Code of Maryland 9
(2021 Replacement Volume) 10
BY repealing and reenacting, with amendments, 11
Article – State Finance and Procurement 12
Section 6–226(a)(2)(ii)144. and 145. 13
Annotated Code of Maryland 14
(2021 Replacement Volume) 15
BY adding to 16
Article – State Finance and Procurement 17
Section 6–226(a)(2)(ii)146. 18
Annotated Code of Maryland 19
(2021 Replacement Volume) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
(a) There is a Commission on the Establishment of a Family Medical Leave and 23
Insurance Program. 24
(b) The purpose of the Commission is to study and make recommendations for 25
establishing a Family Medical Leave and Insurance Program in the State. 26
(c) The Commission consists of the following members: 27
(1) two members of the Senate, appointed by the President of the Senate; 28
(2) two members of the House of Delegates, appointed by the Speaker of 29
the House of Delegates; 30
(3) the Secretary of Labor, or the Secretary’s designee; 31
(4) the State Treasurer, or the State Treasurer’s designee; 32
(5) the Comptroller, or the Comptroller’s designee; 33
HOUSE BILL 496 3
(6) one representative of the National Federation of Independent Business, 1
designated by the President of the National Federation of Independent Business; 2
(7) one representative of the Maryland Chamber of Commerce, designated 3
by the President of the Maryland Chamber of Commerce; 4
(8) one representative of the Maryland Retailers Association, designated 5
by the President of the Maryland Retailers Association; and 6
(9) the following members, appointed jointly by the President of the Senate 7
and the Speaker of the House of Delegates: 8
(i) one representative from a national organization with expertise 9
in the implementation of family medical and leave insurance programs in other states; 10
(ii) one representative from a private sector labor union; 11
(iii) one representative of a community organization that advocates 12
for working families; and 13
(iv) one economist. 14
(d) The President of the Senate and the Speaker of the House of Delegates shall 15
appoint cochairs of the Commission from among its members as follows: 16
(i) one cochair from the Senate, appointed by the President of the Senate; 17
and 18
(ii) one cochair from the House of Delegates, appointed by the Speaker of 19
the House of Delegates. 20
(e) The Maryland Department of Labor and the Department of Legislative 21
Services jointly shall provide staff for the Commission. 22
(f) A member of the Commission: 23
(1) may not receive compensation as a member of the Commission; but 24
(2) is entitled to reimbursement of expenses under the Standard State 25
Travel Regulations, as provided in the State budget. 26
(g) The Commission shall study and make recommendations on establishing a 27
Family Medical Leave and Insurance Program in the State, including recommendations 28
regarding: 29
4 HOUSE BILL 496
(1) when employers and employees should begin making contributions to 1
fund the Program so that benefits under the Program are able to begin being paid not later 2
than January 1, 2024; 3
(2) the appropriate cost sharing formula between employers and employees 4
for making contributions to fund the Program, including various formulas that range 5
between a cost share of: 6
(i) 1. 75% paid by employers; and 7
2. 25% paid by employees; and 8
(ii) 1. 25% paid by employers; and 9
2. 75% paid by employees; 10
(3) to what extent, if any, the cost shared between employers and 11
employees should affect or determine the leave benefits provided to employees under the 12
Program, including whether the proportion of the cost shared should impact who approves 13
employees to take leave under the Program; 14
(4) any oversight mechanisms for the Program; 15
(5) the appropriate eligibility criteria for an individual to qualify for leave 16
benefits under the Program; 17
(6) the appropriate duration for which an individual may receive leave 18
benefits under the Program; 19
(7) the cost, efficiency, and benefits of the Maryland Department of Labor 20
issuing a request for proposals seeking the services of an outside contractor for the 21
following: 22
(i) premium collection; 23
(ii) claims administration; 24
(iii) data management; 25
(iv) fraud control; 26
(v) marketing and advertising; or 27
(vi) implementing any other elements of the Program; 28
(8) the minimum time an individual should be employed with the 29
individual’s employer before qualifying for leave benefits under the Program; and 30 HOUSE BILL 496 5
(9) any other relevant aspects of family medical and leave insurance 1
programs as determined by the Commission. 2
(h) In conducting the study and making recommendations under subsection (g) of 3
this section, the Commission shall consider: 4
(1) how other states have established family medical leave and insurance 5
programs; and 6
(2) the results from an actuarial analysis regarding sustainable funding 7
levels. 8
(i) The Commission shall contract with any consultants necessary to carry out 9
this section. 10
(j) On or before December 1, 2022, the Commission shall report its findings and 11
recommendations to the Governor and, in accordance with § 2–1257 of the State 12
Government Article, the General Assembly. 13
Article – Labor and Employment 14
TITLE 8.3. FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. 15
SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS. 16
8.3–101. 17
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
(B) “APPLICATION YEAR ” MEANS THE 12–MONTH PERIOD BEGINNI NG ON 20
THE FIRST DAY OF THE CALENDAR WEEK IN WHI CH A COVERED INDIVID UAL FILES 21
AN APPLICATION FOR B ENEFITS. 22
(C) “BENEFITS” MEANS THE MONEY PAYA BLE UNDER THIS TITLE TO A 23
COVERED INDIVIDUAL. 24
(D) “COVERED EMPLOYEE ” MEANS AN EMPLOYEE WH O HAS WORKED AT 25
LEAST 680 HOURS OVER THE 12–MONTH PERIOD IMMEDIA TELY PRECEDING THE 26
DATE ON WHICH LEAVE IS TO BEGIN. 27
(E) “COVERED INDIVIDUAL ” MEANS A COVERED EMPL OYEE OR A 28
SELF–EMPLOYED INDIVIDU AL WHO ELECTS TO PAR TICIPATE IN THE PROGRAM 29
UNDER § 8.3–201 OF THIS TITLE. 30
6 HOUSE BILL 496
(F) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF LABOR. 1
(G) “DIVISION” MEANS THE DIVISION OF FAMILY AND MEDICAL LEAVE 2
INSURANCE. 3
(H) “EMPLOYER” MEANS A PERSON OR GO VERNMENTAL ENTITY THAT 4
EMPLOYS AT LEAST ONE INDIVIDUAL IN THE STATE. 5
(I) “FAMILY MEMBER ” MEANS: 6
(1) A BIOLOGICAL CHILD , AN ADOPTED CHILD , A FOSTER CHILD, OR A 7
STEPCHILD OF THE COV ERED INDIVIDUAL ; 8
(2) A CHILD FOR WHOM THE COVERED INDIVIDUAL H AS LEGAL OR 9
PHYSICAL CUSTODY OR GUARDIANSHIP ; 10
(3) A CHILD FOR WHOM THE COVERED INDIVIDUAL S TANDS IN LOCO 11
PARENTIS, REGARDLESS OF THE CH ILD’S AGE; 12
(4) A BIOLOGICAL PARENT , AN ADOPTIVE PARENT , A FOSTER PARENT , 13
OR A STEPPARENT OF T HE COVERED INDIVIDUA L OR OF THE COVERED INDIVIDUAL ’S 14
SPOUSE; 15
(5) THE LEGAL GUARDIAN O F THE COVERED INDIVI DUAL OR THE 16
WARD OF THE COVERED INDIVIDUAL OR OF THE COVERED INDIVIDUAL ’S SPOUSE; 17
(6) AN INDIVIDUAL WHO AC TED AS A PARENT OR S TOOD IN LOCO 18
PARENTIS TO THE COVE RED INDIVIDUAL OR TH E COVERED INDIVIDUAL ’S SPOUSE 19
WHEN THE COVERED IND IVIDUAL OR THE COVER ED INDIVIDUAL’S SPOUSE WAS A 20
MINOR; 21
(7) THE SPOUSE OF THE CO VERED INDIVIDUAL ; 22
(8) A BIOLOGICAL GRANDPA RENT, AN ADOPTED GRANDPARE NT, A 23
FOSTER GRANDPARENT , OR A STEPGRANDPARENT OF THE COVERED INDIVIDU AL; 24
(9) A BIOLOGICAL GRANDCH ILD, AN ADOPTED GRANDCHIL D, A 25
FOSTER GRANDCHILD , OR A STEPGRANDCHILD OF THE COVERED INDIV IDUAL; OR 26
(10) A BIOLOGICAL SIBLING , AN ADOPTED SIBLING , A FOSTER SIBLING, 27
OR A STEPSIBLING OF THE COVERED INDIVI DUAL. 28
(J) “FUND” MEANS THE FAMILY AND MEDICAL LEAVE INSURANCE FUND 29
ESTABLISHED UNDER § 8.3–501 OF THIS TITLE. 30 HOUSE BILL 496 7
(K) “GOVERNMENTAL ENTITY ” HAS THE MEANING STAT ED IN § 8–101 OF 1
THIS ARTICLE. 2
(L) “NEXT OF KIN” MEANS THE NEAREST BL OOD RELATIVE . 3
(M) “PROGRAM” MEANS THE FAMILY AND MEDICAL LEAVE INSURANCE 4
PROGRAM ESTABLISHED U NDER § 8.3–301 OF THIS TITLE. 5
(N) “QUALIFYING EXIGENCY ” MEANS ANY OF THE FOL LOWING REASONS 6
FOR WHICH LEAVE MAY BE NEEDED BY A FAMIL Y MEMBER OF A SERVIC E MEMBER: 7
(1) BECAUSE THE SERVICE MEMBER H AS RECEIVED NOTICE O F 8
DEPLOYMENT WITHIN 7 DAYS BEFORE THE DEPL OYMENT IS TO BEGIN ; 9
(2) TO ATTEND MILITARY E VENTS AND RELATED AC TIVITIES 10
INCLUDING FAMILY SUP PORT PROGRAMS RELATE D TO THE ACTIVE DUTY OF THE 11
SERVICE MEMBER ; 12
(3) TO ARRANGE, PROVIDE, OR ATTEND CHILD CARE OR SCHOOL 13
ACTIVITIES ONLY WHEN THE SERVICE MEMBER I S ON ACTIVE DUTY CAL L OR ACTIVE 14
DUTY STATUS; 15
(4) TO MAKE FINANCIAL AN D LEGAL ARRANGEMENTS FOR THE 16
SERVICE MEMBER ’S ABSENCE OR BECAUSE OF THE ABSENCE ; 17
(5) TO ATTEND COUNSELING THAT : 18
(I) IS NEEDED DUE TO THE ACTIVE DUTY OR CALL TO ACTIVE 19
DUTY STATUS OF THE S ERVICE MEMBER ; AND 20
(II) IS PROVIDED BY AN IN DIVIDUAL WHO IS NOT A LICENSED 21
HEALTH CARE PROVIDER ; 22
(6) TO SPEND UP TO 15 CALENDAR DAYS WITH A SERVICE MEMBER 23
WHO IS ON SHORT –TERM TEMPORARY REST AND RECUPERATION LEA VE DURING 24
THE PERIOD OF DEPLOY MENT; 25
(7) TO ATTEND POSTDEPLOY MENT ACTIVITIES INCL UDING 26
REINTEGRATION SERVIC ES FOR A PERIOD OF 90 DAYS IMMEDIATELY FOL LOWING 27
THE TERMINATION OF A CTIVE STATUS; 28
(8) TO ATTEND TO MATTERS RELATED TO THE DEATH OF THE 29
SERVICE MEMBER WHILE ON ACTIVE DUTY STATU S; 30 8 HOUSE BILL 496
(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 TREATMENT 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 DUT Y 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 HEALTH CONDI TION EXISTS OR PERSI STS; 29
HOUSE BILL 496 9
(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 WHOM T HE INFORMATION RELATES, 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 I NDIVIDUAL MAY ELECT TO PARTICIPATE 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 EFFECTIVE ON THE DATE THE WRITTEN NOTICE IS 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 PART ICIPATION PERIOD EXP IRES, 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
PARTICIPATION IN THE PROGRAM UNDER PARAGRAPH (2) OF THIS SUBSECTION , 30 10 HOUSE BILL 496
WITHIN 30 DAYS BEFORE THE PART ICIPATION PERIOD EXP IRES, THE 1
SELF–EMPLOYED INDIVIDUAL SHALL NOTIFY THE SECRETARY IN WRITING OF THE 2
SELF–EMPLOYED INDIVIDUAL ’S WITHDRAWAL FROM TH E PROGRAM. 3
(C) DURING THE PERIOD A S ELF–EMPLOYED INDIVIDUAL PART ICIPATES IN 4
THE PROGRAM, THE SELF–EMPLOYED INDIVIDUAL SHALL PAY THE CONTRI BUTION 5
REQUIRED UNDER § 8.3–601 OF THIS TITLE. 6
8.3–202. 7
THIS TITLE MAY NOT BE CONSTRUED TO DIMINIS H AN EMPLOYER ’S 8
OBLIGATION TO COMPLY WITH A COLLECTIVE BA RGAINING AGREEMENT OR AN 9
EMPLOYER POLICY THAT ALLOWS AN EMPLOYEE T O TAKE LEAVE FOR A L ONGER 10
PERIOD OF TIME THAN THE EMPLOYEE WOULD B E ABLE TO RECEIVE BE NEFITS 11
UNDER THIS TITLE . 12
8.3–203. 13
(A) AN EMPLOYEE ’S RIGHT TO BENEFITS UNDER THIS TITLE MAY NOT BE 14
DIMINISHED BY A COLLECTIVE BARGAINING AGREEMENT ENTERED INTO OR 15
RENEWED OR BY AN EMP LOYER POLICY ADOPTED OR RETAINED ON OR AF TER JUNE 16
1, 2021. 17
(B) AN AGREEMENT TO WAIVE THE EMPLOYEE ’S RIGHTS UNDER THIS TITLE 18
IS VOID AS AGAINST P UBLIC POLICY. 19
SUBTITLE 3. ESTABLISHMENT OF THE DIVISION AND PROGRAM. 20
8.3–301. 21
(A) THERE IS A DIVISION OF FAMILY AND MEDICAL LEAVE INSURANCE IN 22
THE DEPARTMENT . 23
(B) THE DIVISION OF FAMILY AND MEDICAL LEAVE INSURANCE SHALL 24
PERFORM ANY FUNCTION S THAT THE SECRETARY ASSIGNS TO IT TO CARRY OUT 25
THIS TITLE. 26
(C) (1) (I) IN ACCORDANCE WITH TH E PROVISIONS OF THE STATE 27
PERSONNEL AND PENSIONS ARTICLE, THE SECRETARY MAY EMPLOY THE STAFF 28
NECESSARY TO CARRY O UT THIS TITLE. 29
(II) IN ACCORDANCE WITH TH E STATE BUDGET , THE 30
SECRETARY MAY SET THE COMPENSATION OF AN EMPLOYEE UNDER TH IS 31
SUBSECTION IN A POSI TION THAT: 32 HOUSE BILL 496 11
1. IS UNIQUE TO THE DEPARTMENT ; 1
2. REQUIRES SPECIFIC SK ILLS OR EXPERIENCE T O 2
PERFORM THE DUTIES O F THE POSITION; AND 3
3. DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 4
FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 5
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 6
(III) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 7
CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 8
WHICH THE SECRETARY MAY SET COMPENSATION UND ER SUBPARAGRAPH (II) OF 9
THIS PARAGRAPH . 10
(IV) SUBJECT TO OTHER APPL ICABLE PROVISIONS OF THIS 11
TITLE, THE SECRETARY MAY APPOINT EMPLOYEES AND SET TH EIR POWERS AND 12
DUTIES AS NECESSARY TO CARRY OUT THIS TI TLE. 13
(2) THE SECRETARY SHALL DETERMINE WHETHER AN EMPLOYEE 14
WHO HANDLES MONEY FO R THE DEPARTMENT UNDER THIS TITLE SHOULD BE 15
COVERED UNDER A BOND . 16
(3) (I) THE SECRETARY SHALL PRINT : 17
1. THIS TITLE; 18
2. EACH ANNUAL REPORT T HAT THE SECRETARY 19
SUBMITS TO THE GOVERNOR; AND 20
3. ANY OTHER MATERIAL T HAT THE SECRETARY 21
CONSIDERS RELEVANT A ND SUITABLE. 22
(II) ON REQUEST BY ANY PER SON, THE SECRETARY SHALL GIVE 23
THE PERSON A COPY OF : 24
1. ANY MATERIAL THAT TH E SECRETARY PRINTS UNDE R 25
THIS SUBSECTION ; AND 26
2. THE CURRENT REGULATIONS ADOPTED TO CARRY 27
OUT THIS TITLE. 28
8.3–302. 29
12 HOUSE BILL 496
(A) THERE IS A FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. 1
(B) THE PURPOSE OF THE PROGRAM IS TO PROVIDE TEMPORARY BENEFITS 2
TO A COVERED INDIVID UAL WHO IS TAKING LE AVE FROM EMPLOYMENT : 3
(1) TO CARE FOR A CHILD DURING THE FIRST YEAR AFTER THE 4
CHILD’S BIRTH OR AFTER THE PLACEMENT OF THE CHI LD THROUGH FOSTER CA RE, 5
KINSHIP CARE, OR ADOPTION; 6
(2) TO CARE FOR A FAMILY MEMBER WITH A SERIOU S HEALTH 7
CONDITION; 8
(3) BECAUSE THE COVERED INDIVIDUAL HAS A SERIOUS HEALTH 9
CONDITION THAT RESUL TS IN THE COVERED IN DIVIDUAL BEING UNABL E TO 10
PERFORM THE FUNCTION S OF THE COVERED IND IVIDUAL’S POSITION; 11
(4) TO CARE FOR A SERVIC E MEMBER WHO IS THE COVERED 12
INDIVIDUAL’S NEXT OF KIN; OR 13
(5) BECAUSE THE COVERED INDIVIDUAL HAS A QUALIFYI NG 14
EXIGENCY ARISING OUT OF THE DEPLOYMENT OF A SERVICE MEMBER WHO IS A 15
FAMILY MEMBER OF THE COVERED INDIVIDUAL . 16
SUBTITLE 4. ADMINISTRATION . 17
8.3–401. 18
THIS TITLE SHALL BE A DMINISTERED UNDER TH E SUPERVISION OF THE 19
SECRETARY BY THE DIVISION OF FAMILY AND MEDICAL LEAVE INSURANCE 20
ESTABLISHED UNDER § 8.3–301 OF THIS TITLE. 21
8.3–402. 22
THE SECRETARY MAY DELEGAT E TO AN EMPLOYEE OF THE DEPARTMENT ANY 23
POWER OR DUTY THAT I S REASONABLE AND PRO PER FOR THE ADMINIST RATION OF 24
THIS TITLE. 25
8.3–403. 26
(A) THE SECRETARY SHALL : 27
(1) SUBJECT TO SUBSECTIO N (B) OF THIS SECTION , ADOPT 28
REGULATIONS NECESSAR Y TO CARRY OUT THIS TITLE; 29
HOUSE BILL 496 13
(2) ESTABLISH PROCEDURES AND FORMS FOR FILING CLAIMS FOR 1
BENEFITS, INCLUDING: 2
(I) PROCEDURES FOR NOTIF YING AN EMPLOYER WI THIN 5 3
BUSINESS DAYS AFTER AN EMPLOYEE OF THE E MPLOYER FILES A CLAI M FOR 4
BENEFITS UNDER THIS TITLE; AND 5
(II) NOTICES OF ELECTIONS BY SELF–EMPLOYED INDIVIDUALS 6
FOR BENEFITS UNDER § 8.3–201 OF THIS TITLE; 7
(3) USE INFORMATION –SHARING AND INTEGRAT ION TECHNOLOGY TO 8
FACILITATE THE DISCL OSURE OF RELEVANT IN FORMATION OR RECORDS NEEDED 9
FOR THE ADMINISTRATI ON OF THIS TITLE; AND 10
(4) SUBJECT TO SUBSECTIO N (D) OF THIS SECTION , CARRY OUT A 11
PUBLIC EDUCATION PRO GRAM. 12
(B) THE REGULATIONS ADOPT ED UNDER SUBSECTION (A)(1) OF THIS 13
SECTION SHALL BE CON SISTENT WITH REGULAT IONS ADOPTED TO IMPL EMENT THE 14
FEDERAL FAMILY AND MEDICAL LEAVE ACT AND ANY RELEVANT STATE LAWS TO 15
THE EXTENT THAT THE ADOPTED REGULATIONS DO NOT CONFLICT WITH THIS 16
TITLE. 17
(C) (1) SUBJECT TO PARAGRAP H (2) OF THIS SUBSECTION , A COVERED 18
INDIVIDUAL UNDER § 8.3–302(B)(2), (3), (4), OR (5) OF THIS TITLE SHALL PROVIDE 19
CERTIFICATION FOR A CLAIM FOR BENEFITS U NDER THIS TITLE. 20
(2) A CERTIFICATION FOR A CLAIM FOR BENEFITS F OR A COVERED 21
INDIVIDUAL UNDER § 8.3–302(B)(2), (3), OR (4) OF THIS TITLE SHALL INCLUDE: 22
(I) THE DATE ON WHICH TH E SERIOUS HEALTH CON DITION OF 23
THE FAMILY MEMBER , COVERED INDIVIDUAL , OR SERVICE MEMBER CO MMENCED; 24
(II) THE PROBABLE DURATIO N OF THE SERIOUS HEA LTH 25
CONDITION; 26
(III) THE APPROPRIATE FACTS RE LATED TO THE SERIOUS 27
HEALTH CONDITION WIT HIN THE KNOWLEDGE OF THE LICENSED HEALTH CARE 28
PROVIDER; 29
(IV) 1. FOR A CLAIM FOR BENE FITS UNDER § 8.3–302(B)(2) 30
OF THIS TITLE, A STATEMENT THAT THE COVERED INDIVIDUAL N EEDS TO CARE FOR 31
A FAMILY MEMBER AND AN ESTIMATE OF THE AMOU NT OF TIME REQUIRED TO 32
PROVIDE THE CARE ; OR 33 14 HOUSE BILL 496
2. FOR A CLAIM FOR BENE FITS UNDER § 8.3–302(B)(3) 1
OF THIS TITLE, A STATEMENT THAT THE COVERED INDIVIDUAL I S UNABLE TO 2
PERFORM THE FUNCTION S OF THE COVERED IND IVIDUAL’S POSITION; AND 3
(V) FOR A CERTIFICATION FOR INTERMITTENT LEA VE, THE 4
EXPECTED DATES AND D URATION OF THE LEAVE . 5
(3) THE SECRETARY SHALL ESTAB LISH STANDARDS IN RE GULATION 6
FOR THE CERTIFICATIO N OF CLAIMS FOR BENE FITS UNDER § 8.3–302(B)(5) OF THIS 7
TITLE. 8
(D) (1) THE SECRETARY MAY USE A P ORTION OF THE FUNDS PAID UNDER 9
§ 8.3–601 OF THIS TITLE OR OTH ER AVAILABLE FUNDING TO PAY FOR AND CARRY 10
OUT THE REQUIREMENTS UNDER SUBSECTION (A)(4) OF THIS SECTION. 11
(2) MATERIALS USED IN THE PUBLIC EDUCATION PRO GRAM 12
REQUIRED UNDER SUBSEC TION (A)(4) OF THIS SECTION SHAL L BE MADE AVAILABLE 13
IN ENGLISH AND SPANISH. 14
8.3–404. 15
(A) TO ENFORCE THIS TITLE , THE SECRETARY MAY : 16
(1) CONDUCT AN INVESTIGA TION UNDER THIS TITL E, ON THE 17
SECRETARY’S OWN INITIATIVE OR ON RECEIPT OF A WRITTEN COMPLAINT ; 18
(2) ADMINISTER AN OATH ; 19
(3) CERTIFY TO AN OFFICI AL ACT; 20
(4) TAKE A DEPOSITION ; 21
(5) ISSUE A SUBPOENA FOR THE ATTENDANCE OF A WITNESS TO 22
TESTIFY OR THE PRODU CTION OF BOOKS , CORRESPONDENCE , MEMORANDA , 23
PAPERS, OR OTHER RECORDS ; AND 24
(6) BRING A CIVIL ACTION IN THE COUNTY WHERE THE VIOLATION 25
ALLEGEDLY OCCURRED . 26
(B) (1) A SUBPOENA ISSUED UNDE R SUBSECTION (A)(5) OF THIS SECTION 27
SHALL BE SERVED IN A NY MANNER IN WHICH A SUBPOENA OF A COURT MAY BE 28
SERVED. 29
HOUSE BILL 496 15
(2) IF A PERSON FAILS TO COMPLY WITH A SUB POENA ISSUED UNDER 1
SUBSECTION (A)(5) OF THIS SECTION ON A COMPLAINT FILED BY T HE SECRETARY, 2
THE CIRCUIT COURT FO R THE COUNTY WHERE T HE INVESTIGATION IS BEING 3
CONDUCTED OR WHERE T HE PERSON RESIDES , IS PRESENT, OR TRANSACTS 4
BUSINESS MAY I SSUE AN ORDER DIRECT ING COMPLIANCE WITH THE SUBPOENA OR 5
COMPELLING TESTIMONY . 6
(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 7
PERSON MAY NOT BE EX CUSED FROM COMPLYING WITH A SUBPOENA ISSU ED UNDER 8
SUBSECTION (A)(5) OF THIS SECTION ON T HE GROUND THAT THE EVIDENCE OR 9
TESTIMONY REQUIRED M AY TEND TO INCRIMINA TE THE PERSON OR SUB JECT THE 10
PERSON TO A FORFEITU RE OR PENALTY . 11
(II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 12
THIS SUBPARAGRAPH , AFTER CLAIMING THE P RIVILEGE AGAINST 13
SELF–INCRIMINATION , A PERSON MAY NOT BE PROSECUTED OR SUBJEC TED TO ANY 14
FORFEITURE OR PENALT Y BECAUSE OF ANY MAT TER, THING, OR TRANSACTION 15
ABOUT WHICH THE PERS ON IS COMPELLED TO P RODUCE EVIDENCE OR T ESTIFY. 16
2. IF THE PERSON COMMITS PERJURY WHILE GIVING 17
TESTIMONY, THE PERSON IS SUBJECT TO PROSECUTION FOR THAT OFFENSE. 18
8.3–405. 19
IN A CIVIL ACTION TO ENFORCE THIS TITLE , THE SECRETARY AND THE STATE 20
MAY BE REPRESENTED B Y: 21
(1) THE ATTORNEY GENERAL; OR 22
(2) ANY QUALIFIED ATTORN EY WHO: 23
(I) IS A SALARIED EMPLOY EE OF THE SECRETARY; AND 24
(II) ON RECOMMENDATION OF THE ATTORNEY GENERAL, IS 25
DESIGNATED TO REPRES ENT THE SECRETARY OR THE BOARD OF APPEALS AND THE 26
STATE. 27
8.3–406. 28
(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, THE SECRETARY SHALL 29
SUBMIT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 30
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY AN ANNUAL RE PORT ON THE 31
ADMINISTRATION AND O PERATION OF THIS TIT LE DURING THE IMMEDI ATELY 32
PRECEDING FISCAL YEA R. 33 16 HOUSE BILL 496
(B) THE ANNUAL REPORT SHA LL INCLUDE INFORMATI ON REGARDING : 1
(1) PROJECTED AND ACTUAL PROGRAM PARTICIPATION RATES; 2
(2) CONTRIBUTION RATES ; 3
(3) PROJECTED AND ACTUAL FUND BALANCES ; 4
(4) PUBLIC OUTREACH AND TECHNICAL ASSISTANCE EFFORTS; 5
(5) ALL ENFORCEMENT EFFO RTS; 6
(6) THE NUMBER AND STATU S OF COMPLAINTS UNDER SUBTITLE 9 OF 7
THIS TITLE; AND 8
(7) THE COST OF ADMINIST ERING THE PROGRAM. 9
SUBTITLE 5. THE FAMILY AND MEDICAL LEAVE INSURANCE FUND. 10
8.3–501. 11
THERE IS A FAMILY AND MEDICAL LEAVE INSURANCE FUND. 12
8.3–502. 13
(A) THE SECRETARY SHALL ADMIN ISTER THE FUND. 14
(B) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT SUBJECT TO 15
§ 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 16
(C) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , AND THE 17
COMPTROLLER SHALL ACC OUNT FOR THE FUND. 18
8.3–503. 19
(A) THE FUND CONSISTS OF : 20
(1) EMPLOYEE CONTRIBUTIO NS REQUIRED UNDER § 8.3–601 OF THIS 21
TITLE; 22
(2) SELF–EMPLOYED INDIVIDUAL CONTRIBUTIONS REQUIR ED UNDER 23
§ 8.3–601 OF THIS TITLE; 24
HOUSE BILL 496 17
(3) EMPLOYER CONTRIBUTIO NS REQUIRED UNDER § 8.3–601 OF THIS 1
TITLE; 2
(4) MONEY PAID TO THE FUND FOR THE PURPOSE OF REIMBURSING 3
THE SECRETARY UNDER § 8.3–902 OF THIS TITLE FOR BE NEFITS PAID IN ERROR ; 4
(5) INTEREST EARNED ON M ONEY IN THE FUND; AND 5
(6) MONEY RECEIVED FOR T HE FUND FROM ANY OTHER S OURCE. 6
(B) MONEY IN THE FUND MAY BE COMMINGLED . 7
(C) THE FUND MAY BE USED ONLY FOR THE PURPOSES OF THIS TITLE. 8
8.3–504. 9
(A) (1) THE STATE TREASURER IS CUSTODIA N OF THE FUND. 10
(2) THE STATE TREASURER SHALL MANAG E THE FUND IN 11
ACCORDANCE WITH REGU LATIONS THAT THE SECRETARY ADOPTS . 12
(B) UNDER THE DIRECTION O F THE SECRETARY, THE STATE TREASURER 13
SHALL ESTABLISH THE FUND ACCOUNT IN ANY F INANCIAL INSTITUTION IN WHICH 14
THE GENERAL FUND OF THE STATE MAY BE DEPOSITE D. 15
(C) ON RECEIPT OF ANY MON EY PAYABLE TO THE FUND, THE SECRETARY 16
SHALL ENSU RE IMMEDIATE DEPOSIT OF THE MONEY INTO TH E FUND ACCOUNT AS 17
REQUIRED BY THE STATE TREASURER. 18
(D) IN ACCORDANCE WITH RE GULATIONS THAT THE SECRETARY ADOPTS , 19
MONEY IN THE FUND ACCOUNT : 20
(1) SHALL BE USED TO PAY BENEFITS UNDER THIS TITLE; AND 21
(2) MAY BE USED TO PAY FOR : 22
(I) THE PUBLIC EDUCATION PROGRAM; AND 23
(II) ANY COSTS ASSOCIATED WITH THE INITIAL 24
IMPLEMENTATION AND O NGOING ADMINISTRATIO N OF THIS TITLE. 25
8.3–505. 26
A CHECK THAT THE STATE TREASURER ISSUES TO P AY BENEFITS OR 27
REFUNDS SHALL : 28 18 HOUSE BILL 496
(1) BE ISSUED ONLY ON A WARRANT SIGNED BY TH E SECRETARY; 1
(2) BEAR THE SIGNATURE O F THE STATE TREASURER; AND 2
(3) BE COUNTERSIGNED BY AN AUTHORIZED AGENT . 3
8.3–506. 4
THIS TITLE DOES NOT G RANT AN EMPLOYEE ANY PRIOR CLAIM OR RIGHT TO 5
MONEY THE EMPLOYEE P AYS INTO THE FUND. 6
SUBTITLE 6. CONTRIBUTIONS . 7
8.3–601. 8
(A) BEGINNING JANUARY 1, 2023, EACH EMPLOYEE OF AN EMPLOYER, 9
EACH EMPLOYER WITH 15 OR MORE EMPLOYEES , AND EACH SELF –EMPLOYED 10
INDIVIDUAL PARTICIPA TING IN THE PROGRAM SHALL CONTRIB UTE TO THE FUND. 11
(B) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 12
SECRETARY SHALL SET A TOTAL RATE OF CONTRI BUTION TO BE PAID IN 13
ACCORDANCE WITH THIS SUBSECTION. 14
(II) THE TOTAL RATE OF CON TRIBUTION ESTABLISHE D UNDER 15
SUBPARAGRAPH (I) OF THIS PARAGRAPH : 16
1. MAY NOT EXCEED 1.0% OF AN EMPLOYEE ’S WAGES; 17
2. SHALL BE APPLIED TO ALL WAGES UP TO AND 18
INCLUDING THE SOCIAL SECURITY WAGE BASE ; 19
3. EXCEPT AS PROVIDED U NDER PARAGRAPH (3)(I)2 OF 20
THIS SUBSECTION , SHALL BE SHARED EQUA LLY BY EMPLOYERS AND EMPLOYE ES; 21
AND 22
4. SHALL BE SUFFICIENT TO FUND THE BENEFITS 23
PAYABLE UNDER THIS T ITLE. 24
(2) (I) EACH EMPLOYER WITH 15 OR MORE EMPLOYEES SH ALL 25
CONTRIBUTE AN AMOUNT EQUAL TO 50% OF THE TOTAL RATE OF CONTRIBUTION 26
FOR EACH EMPLOYEE EM PLOYED BY THE EMPLOY ER. 27
(II) 1. FOR THE PURPOSE OF DE TERMINING WHETHER AN 28
EMPLOYER IS REQUIRED TO CONTRIBUTE , THE NUMBER OF EMPLOY EES OF AN 29 HOUSE BILL 496 19
EMPLOYER SHALL BE DE TERMINED BY CALCULAT ING THE AVERAGE MONT HLY 1
NUMBER OF EMPLOYEES EMPLOYED BY THE EMPL OYER DURING THE IMME DIATELY 2
PRECEDING 12–MONTH PERIOD . 3
2. EACH EMPLOYEE OF AN E MPLOYER SHALL BE 4
INCLUDED IN THE CALC ULATION MADE UNDER S UBSUBPARAGRAPH 1 OF THIS 5
SUBPARAGRAPH WITHOUT REGARD TO WHETHER TH E EMPLOYEE IS A FULL –TIME, 6
PART–TIME, TEMPORARY , OR SEASONAL EMPLOYEE OR WOULD BE ELI GIBLE FOR 7
BENEFITS UNDER THIS TITLE. 8
(3) (I) 1. EACH EMPLOYEE OF AN E MPLOYER WITH 15 OR MORE 9
EMPLOYEES SHALL CONT RIBUTE AN AMOUNT EQU AL TO 50% OF THE TOTAL RATE 10
OF CONTRIBUTION . 11
2. EACH EMPLOYEE OF AN E MPLOYER WITH LESS TH AN 12
15 EMPLOYEES SHALL CONTRIBUTE AN AMOUNT PROPORTIONALLY EQUAL TO THE 13
AMOUNT CONTRIBUTED B Y AN EMPLOYEE UNDER SUBSUBPARAGRAPH 1 OF THIS 14
SUBPARAGRAPH . 15
(II) THE EMPLOYER OF THE EMPL OYEE SHALL DEDUCT TH E 16
CONTRIBUTION REQUIRE D UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH FR OM 17
THE WAGES OF THE EMPLOYE E. 18
(4) EACH SELF–EMPLOYED INDIVIDUAL PARTICIPATING IN THE 19
PROGRAM SHALL : 20
(I) PAY CONTRIBUTIONS DU RING EACH YEAR THAT THE 21
SELF–EMPLOYED INDIVIDUAL PARTICIPATES IN THE PROGRAM; AND 22
(II) CONTRIBUTE AN AMOUNT EQUAL TO THE TOTAL RATE OF 23
CONTRIBUTION ESTABLI SHED UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION . 24
SUBTITLE 7. BENEFITS. 25
8.3–701. 26
(A) BEGINNING JULY 1, 2024, A COVERED INDIVIDUAL TAKING LEAVE FROM 27
EMPLOYMENT MAY SUBMI T A CLAIM FOR BENEFI TS TO: 28
(1) CARE FOR A NEWBORN C HILD OR A CHILD NEWLY PLA CED FOR 29
ADOPTION, FOSTER CARE , OR KINSHIP CARE WITH THE COVERED INDIVIDU AL 30
DURING THE FIRST YEA R AFTER THE BIRTH , ADOPTION, OR PLACEMENT ; 31
20 HOUSE BILL 496
(2) CARE FOR A FAMILY ME MBER WITH A SERIOUS HEALTH 1
CONDITION; 2
(3) ATTEND TO A SERIOUS HEALTH CONDITION THA T RESULTS IN THE 3
COVERED INDIVIDUAL B EING UNABLE TO PERFO RM THE FUNCTIONS OF THE 4
COVERED INDIVIDUAL ’S POSITION; 5
(4) CARE FOR A SERVICE M EMBER WITH A SERIOUS HEALTH 6
CONDITION RESULTING FROM MILITARY SERVIC E WHO IS THE COVERED 7
INDIVIDUAL’S NEXT OF KIN; OR 8
(5) ATTEND TO A QUALIFYI NG EXIGENCY ARISING OUT OF THE 9
DEPLOYMENT OF A SERV ICE MEMBER WHO IS A FAMILY MEMBER OF THE COVERED 10
INDIVIDUAL. 11
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A COVERED 12
INDIVIDUAL MAY TAKE THE LEAVE F OR WHICH THE INDIVID UAL IS ELIGIBLE FOR 13
BENEFITS UNDER SUBSE CTION (A) OF THIS SECTION ON A N INTERMITTENT LEAVE 14
SCHEDULE. 15
(2) IF LEAVE IS TAKEN ON AN INTERMITTENT LEAV E SCHEDULE, THE 16
COVERED INDIVIDUAL S HALL: 17
(I) MAKE A REASONABLE EF FORT TO SCHEDULE THE 18
INTERMITTENT LEAVE I N A MANNER THAT DOES NOT UNDULY DISRUPT T HE 19
OPERATIONS OF THE EM PLOYER; AND 20
(II) PROVIDE THE EMPLOYER WITH REASONABLE AND 21
PRACTICABLE PRIOR NO TICE OF THE REASON F OR WHICH THE INTERMI TTENT 22
LEAVE IS NECESSARY . 23
(3) IF LEAVE IS TAKEN ON AN INTERMITT ENT LEAVE SCHEDULE , AN 24
EMPLOYER MAY NOT RED UCE THE TOTAL AMOUNT OF LEAVE TO WHICH TH E 25
COVERED INDIVIDUAL I S ENTITLED BEYOND TH E AMOUNT OF LEAVE AC TUALLY 26
TAKEN. 27
8.3–702. 28
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 29
COVERED INDIVIDUAL M AY NOT RECEIVE MORE THAN 12 WEEKS OF BENEFITS IN AN 30
APPLICATION YEAR . 31
(2) A COVERED INDIVIDUAL M AY RECEIVE AN ADDITI ONAL 12 WEEKS 32
OF BENEFITS IF THE C OVERED INDIVIDUAL DU RING THE SAME APPLIC ATION YEAR: 33 HOUSE BILL 496 21
(I) RECEIVED BENEFITS BE CAUSE THE COVERED IND IVIDUAL 1
WAS ELIGIBLE FOR BEN EFITS UNDER § 8.3–701(A)(3) OF THIS SUBTITLE; AND 2
(II) BECOMES ELIGIBLE FOR BENEFITS UNDER § 3
8.3–701(A)(1), (2), (4), OR (5) OF THIS SUBTITLE. 4
(B) IF A COVERED INDIVIDU AL TAKES LEAVE FOR W HICH THE COVERED 5
INDIVIDUAL IS RECEIV ING BENEFITS UNDER T HIS TITLE, THE LEAVE SHALL RUN 6
CONCURRENTLY WITH EL IGIBLE LEAVE THAT MA Y BE TAKEN BY THE CO VERED 7
INDIVIDUAL UNDER THE FEDERAL FAMILY AND MEDICAL LEAVE ACT. 8
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 9
AN INDIVIDUAL RECEIV ING BENEFITS UNDER TITLE 8 OF THIS ARTICLE OR W AGE 10
REPLACEMENT BENEFITS UNDER TITLE 9 OF THIS ARTICLE IS N OT ELIGIBLE TO 11
RECEIVE BENEFITS UND ER THIS TITLE. 12
(2) AN INDIVIDUAL RECEIVI NG COMPENSATION FOR A PERMANENT 13
PARTIAL DISABILITY UNDER TITLE 9 OF THIS ARTICLE MAY BE ELIGIBLE FOR 14
BENEFITS UNDER THIS TITLE. 15
8.3–703. 16
(A) AN EMPLOYER MAY ALLOW A COVERED INDIVIDUAL TO USE PAID 17
VACATION, PAID SICK LEAVE , OR OTHER PAID TIME O FF UNDER AN EMPLOYER 18
POLICY IN ADDITION T O THE BENEFITS AVAILABLE UN DER THIS TITLE TO RE PLACE 19
THE COVERED INDIVIDU AL’S WAGES UP TO 100% OF THE COVERED INDIV IDUAL’S 20
WEEKLY WAGE DURING T HE PERIOD OF LEAVE F OR WHICH BENEFITS AR E RECEIVED 21
UNDER THIS TITLE . 22
(B) AN EMPLOYER CONTRIBUT ING TO THE FUND MAY REQUIRE A COVERED 23
INDIVIDUAL WHO RECEI VES BENEFITS UNDER T HIS TITLE TO USE THO SE BENEFITS 24
CONCURRENTLY WITH FA MILY OR MEDICAL LEAV E BENEFITS PROVIDED UNDER AN 25
EMPLOYER POLICY . 26
8.3–704. 27
(A) FOR THE PURPOSES OF T HIS SECTION: 28
(1) THE COVERED INDIVIDU AL’S AVERAGE WEEKLY WAG E SHALL BE 29
CALCULATED AS THE TO TAL WAGES RECEIVED B Y THE COVERED INDIVI DUAL OVER 30
THE LAST 680 HOURS FOR WHICH THE COVERED INDIVIDUAL W AS PAID DIVIDED BY 31
THE NUMBER OF WEEKS WORKED; AND 32
22 HOUSE BILL 496
(2) THE STATE AVERAGE WEEKLY WAGE SHALL BE THE W AGE 1
CALCULATED UNDER § 9–603 OF THIS ARTICLE. 2
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE WEEKLY 3
BENEFIT AMOUNT PAYAB LE TO A COVERED INDI VIDUAL UNDER THIS TI TLE SHALL 4
BE: 5
(I) IF THE COVERED INDIV IDUAL’S AVERAGE WEEKLY WAG E IS 6
65% OR LESS OF THE STATE AVERAGE WEEKLY WAGE, 90% OF THE COVERED 7
INDIVIDUAL’S AVERAGE WEEKLY WAG E; 8
(II) IF THE COVERED INDIV IDUAL’S AVERAGE WEEKLY WAG E IS 9
GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE, THE SUM OF: 10
1. 90% OF THE COVERED INDIV IDUAL’S AVERAGE 11
WEEKLY WAGE UP TO 65% OF THE STATE AVERAGE WEEKLY WAGE; AND 12
2. 50% OF THE COVERED INDIV IDUAL’S AVERAGE 13
WEEKLY WAGE THAT IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE; 14
OR 15
(III) IF THE COVERED INDIV IDUAL IS TAKING PART IALLY PAID 16
LEAVE, THE LESSER OF: 17
1. THE AMOUNT REQUIRED TO MAKE UP THE 18
DIFFERENCE BETWEEN T HE WAGES PAID TO THE COVERED INDIVIDUAL W HILE THE 19
COVERED INDIVIDUAL I S TAKING PARTIALLY P AID LEAVE AND THE FU LL WAGES 20
NORMALLY PAID TO THE COVERED INDIVIDUAL ; AND 21
2. IF THE COVERED INDIVIDUA L’S AVERAGE WEEKLY 22
WAGE IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE, THE SUM OF: 23
A. 90% OF THE COVERED INDIV IDUAL’S AVERAGE 24
WEEKLY WAGE UP TO 65% OF THE STATE AVERAGE WEEKLY WAGE; AND 25
B. 50% OF THE COVERED INDIVIDUAL’S AVERAGE 26
WEEKLY WAGE THAT IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE. 27
(2) THE WEEKLY BENEFIT AM OUNT PAYABLE UNDER P ARAGRAPH (1) 28
OF THIS SUBSECTION : 29
(I) SHALL BE AT LEAST $50; AND 30
(II) MAY NOT EXCEED : 31 HOUSE BILL 496 23
1. FOR THE 12–MONTH PERIOD BEGINNING JULY 1, 1
2024, $1,000; AND 2
2. FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 3
2025, AND EACH SUBSEQUENT 12–MONTH PERIOD , THE AMOUNT DETERMINE D AND 4
ANNOUNCED BY THE SECRETARY UNDER PARAG RAPH (3) OF THIS SUBSECTION . 5
(3) (I) IN THIS PARAGR APH, “CONSUMER PRICE INDEX” MEANS 6
THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE 7
WASHINGTON–ARLINGTON–ALEXANDRIA, DC–VA–MD–WV METROPOLITAN AREA 8
OR A SUCCESSOR INDEX PUBLISHED BY THE FED ERAL BUREAU OF LABOR 9
STATISTICS. 10
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (IV) OF THIS 11
PARAGRAPH , FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 2025, AND EACH 12
SUBSEQUENT 12–MONTH PERIOD , THE MAXIMUM WEEKLY B ENEFIT AMOUNT SHALL 13
BE INCREASED BY THE AMOUNT, ROUNDED TO THE NEARE ST CENT, THAT EQUALS 14
THE PRODUCT OF : 15
1. THE MAXIMUM WEEKLY B ENEFIT AMOUNT IN EFF ECT 16
FOR THE IMMEDIATELY PRECEDING 12–MONTH PERIOD ; AND 17
2. THE ANNUAL PERCENTAG E GROWTH IN THE 18
CONSUMER PRICE INDEX FOR THE IMMEDIA TELY PRECEDING 12–MONTH PERIOD , 19
AS DETERMINED BY THE SECRETARY UNDER SUBPA RAGRAPH (III)1 OF THIS 20
PARAGRAPH . 21
(III) BEGINNING MARCH 1, 2025, AND ON EACH SUBSEQUE NT 22
SEPTEMBER 1, THE SECRETARY SHALL DETER MINE AND ANNOUNCE : 23
1. THE ANNUAL PERCENTAG E GROWTH, IF ANY, IN THE 24
CONSUMER PRICE INDEX BASED ON THE MO ST RECENT 12–MONTH PER IOD FOR 25
WHICH DATA ARE AVAIL ABLE ON SEPTEMBER 1; AND 26
2. THE MAXIMUM WEEKLY B ENEFIT AMOUNT EFFECT IVE 27
FOR THE 12–MONTH PERIOD BEGINNI NG THE IMMEDIATELY F OLLOWING JULY 1. 28
(IV) IF THERE IS A DECLINE OR NO GROWTH IN THE CONSUMER 29
PRICE INDEX, THE MAXIMUM WEEKLY BENEF IT AMOUNT SHALL REMA IN THE SAME 30
AS THE AMOUNT THAT W AS IN EFFECT FOR THE PRECEDING 12–MONTH PERIOD . 31
24 HOUSE BILL 496
(C) AN INCREASE IN THE WE EKLY BENEFIT AMOUNT UNDER SUBSECTION 1
(B)(3) OF THIS SECTION APPL IES ONLY TO A CLAIM FOR BENEFITS FILED A FTER THE 2
DATE THE INCREASE BE COMES EFFECTIVE . 3
(D) THE DIVISION SHALL: 4
(1) NOTIFY THE EMPLOYER OF A COVERED INDIVID UAL WITHIN 5 5
BUSINESS DAYS AFTER THE COVERED INDIVIDU AL FILES A CLAIM FOR BENEFITS 6
UNDER THIS TITLE ; 7
(2) APPROVE OR DENY THE CLAIM AND NOTI FY THE COVERED 8
INDIVIDUAL WITHIN 10 BUSINESS DAYS AFTER THE COVERED INDIVIDU AL FILES THE 9
CLAIM; 10
(3) MAKE THE FIRST PAYME NT OF BENEFITS TO A COVERED 11
INDIVIDUAL WITHIN 5 BUSINESS DAYS AFTER THE CLAIM IS APPROVE D; AND 12
(4) MAKE SUBSEQUENT PAYM ENTS EVERY 2 WEEKS UNTIL THE 13
BENEFIT PERIOD ENDS . 14
8.3–705. 15
(A) IF THE INTERNAL REVENUE SERVICE DETERMINES TH AT BENEFITS 16
PAID UNDER THIS SUBT ITLE ARE SUBJECT TO FEDERAL INCOME TAX , AT THE TIME 17
A COVERED INDIVIDUAL FILES A NEW CLAIM FO R BENEFITS, THE DIVISION SHALL 18
NOTIFY THE COVERED I NDIVIDUAL THAT : 19
(1) THE INTERNAL REVENUE SERVICE HAS DETERMINE D THAT THE 20
BENEFITS ARE SUBJECT TO FEDERAL INCOME TA X; 21
(2) THERE ARE REQUIREMEN TS REGARDING ESTIMAT ED TAX 22
PAYMENTS; 23
(3) THE COVERED INDIVIDU AL MAY ELECT TO HAVE FEDERAL 24
INCOME TAX DEDUCTED AND WITHHELD FROM TH E BENEFITS THAT THE COVERED 25
INDIVIDUAL RECEIVES UNDER THIS TITLE AT THE RATE SPECIFIED I N THE 26
INTERNAL REVENUE CODE; AND 27
(4) THE COVERED INDIVIDU AL IS ALLOWED TO CHA NGE A 28
PREVIOUSLY ELECTED W ITHHOLDING STATUS . 29
(B) (1) IF A COVERED INDIVIDU AL ELECTS TO HAVE FE DERAL INCOME 30
TAX DEDUCTED AND WIT HHELD UNDER SUBSECTI ON (A)(3) OF THIS SECTION , THE 31
DIVISION SHALL DEDUCT AND WITHHOLD AN AMOU NT AT THE RATE SPECI FIED IN 32 HOUSE BILL 496 25
THE INTERNAL REVENUE CODE IN A MANNER REQU IRED BY THE INTERNAL 1
REVENUE SERVICE. 2
(2) IF THE DIVISION DEDUCTS AND WITHHOLDS FEDERAL IN COME 3
TAX UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE AMOUNT DEDUCTED AND 4
WITHHELD SHALL REMAI N IN THE FUND UNTIL IT IS TRAN SFERRED TO THE 5
INTERNAL REVENUE SERVICE AS A PAY MENT OF INCOME TAX . 6
8.3–706. 7
(A) AN EMPLOYER MAY SATIS FY THE REQUIREMENTS OF THIS TITLE 8
THROUGH A PRIVATE EM PLOYER PLAN CONSISTI NG OF EMPLOYER –PROVIDED 9
BENEFITS, INSURANCE, OR A COMBINATION OF BOTH IF THE PRIVATE EMPLOYER 10
PLAN IS OFFERED TO A LL OF THE EMPLOYER’S ELIGIBLE EMPLOYEES AND MEETS 11
OR EXCEEDS THE RIGHT S, PROTECTIONS , AND BENEFITS PROVIDE D TO A COVERED 12
EMPLOYEE UNDER THIS TITLE. 13
(B) A PRIVATE EMPLOYER PLA N SHALL BE FILED WIT H THE DIVISION FOR 14
APPROVAL. 15
(C) AN EMPLOYER THAT PROV IDES COVERED EM PLOYEES WITH A PRIVA TE 16
EMPLOYER PLAN AND AN EMPLOYEE THAT IS COV ERED BY A PRIVATE EM PLOYER 17
PLAN ARE EXEMPT FROM THE CONTRIBUTIONS RE QUIRED UNDER SUBTITLE 6 OF 18
THIS TITLE. 19
8.3–707. 20
IF A COVERED INDIVIDU AL RECEIVES BENEFITS UNDER THIS TITLE OR TAKES 21
LEAVE FROM WORK FOR WHICH BENEFITS MAY BE PAID UNDER THIS TITLE , THE 22
EMPLOYER OF THE COVE RED INDIVIDUAL SHALL , ON THE EXPIRATION OF THE 23
LEAVE, RESTORE THE COVERED INDIVIDUAL TO AN EQU IVALENT POSITION OF 24
EMPLOYMENT . 25
8.3–708. 26
IF A COVERED INDIVIDU AL IS RECEIVING BENEFITS U NDER THIS TITLE OR I S 27
TAKING LEAVE FOR WHI CH BENEFITS MAY BE P AID UNDER THIS TITLE , THE 28
EMPLOYER OF THE COVE RED INDIVIDUAL SHALL CONTINUE ANY EMPLOYM ENT 29
BENEFITS IN THE SAME MANNER AS REQUIRED U NDER TITLE 3, SUBTITLE 12 OF 30
THIS ARTICLE FOR THE TIME PERIOD THAT THE COVERED IND IVIDUAL IS ABSENT 31
FROM WORK OR RECEIVI NG BENEFITS UNDER TH IS TITLE. 32
SUBTITLE 8. NOTICE TO EMPLOYEES. 33
26 HOUSE BILL 496
8.3–801. 1
(A) AN EMPLOYER SHALL PRO VIDE WRITTEN NOTICE TO EACH EMPLOYEE 2
OF THE RIGHTS AND DU TIES OF AN EMPLOYEE UNDER THIS TITLE AT THE TIME OF 3
HIRE AND ANNUALLY TH EREAFTER. 4
(B) (1) WHEN AN EMPLOYEE REQU ESTS LEAVE UNDER THI S TITLE, OR 5
WHEN AN EMPLOYER KNO WS THAT AN EMPLOYEE ’S LEAVE MAY BE FOR A REASON 6
UNDER § 8.3–302 OF THIS TITLE, THE EMPLOYER SHALL N OTIFY THE EM PLOYEE OF 7
THE EMPLOYEE ’S ELIGIBILITY TO TAK E LEAVE FOR WHICH BE NEFITS MAY BE PAID 8
UNDER THIS TITLE WIT HIN 5 BUSINESS DAYS. 9
(2) THE NOTICE PROVIDED U NDER PARAGRAPH (1) OF THIS 10
SUBSECTION SHALL INC LUDE: 11
(I) THE RIGHT OF AN ELIG IBLE EMPLOYEE TO REC EIVE 12
PROGRAM BENEFITS UNDE R THIS TITLE; 13
(II) THE PROCEDURE FOR FI LING A CLAIM FOR BEN EFITS; 14
(III) AN ELIGIBLE EMPLOYEE ’S RESPONSIBILITIES W ITH 15
RESPECT TO PROVIDING NOTIFICATION PRIOR T O THE COMMENCEMENT O F LEAVE 16
AND ANY PENALTIES FO R FAILING TO DO SO; 17
(IV) THE RIGHT OF AN EMPL OYEE TO FILE A COMPL AINT FOR 18
ALLEGED VIOLATIONS O F THIS TITLE; 19
(V) THE RIGHT OF AN ELIG IBLE EMPLOYEE TO JOB 20
PROTECTION ; AND 21
(VI) A DESCRIPTION OF THE PROHIBITED ACTS , PENALTIES, AND 22
COMPLAINT PROCEDURES UNDER SUBTITLE 9 OF THIS TITLE. 23
(C) THE NOTICES REQUIRED UNDER THIS SUBTITLE SHALL BE PROVIDED IN 24
ACCORDANCE WITH REGU LATIONS ADOPTED BY T HE SECRETARY. 25
SUBTITLE 9. PROHIBITED ACTS; PENALTIES. 26
8.3–901. 27
(A) IF AN INDIVIDUAL WILL FULLY MAKES A FALSE STATEMENT OR 28
MISREPRESENTATION RE GARDING A MATERIAL F ACT OR WILLFULLY FAI LS TO 29
REPORT A MATERIAL FA CT TO OBTAIN BENEFIT S UNDER THIS TITLE , THE 30
INDIVIDUAL IS DISQUA LIFIED FROM RECEIVIN G BENEFITS FOR 1 YEAR. 31 HOUSE BILL 496 27
(B) IF AN EMPLOYER WILLFU LLY MAKES OR CAUSES TO BE MADE A FAL SE 1
STATEMENT OR WILLFUL LY FAILS TO REPORT A MATERIAL FACT REGARD ING A 2
CLAIM FOR BENEFITS B Y AN EMPLOYEE , THE EMPLOYER IS SUBJ ECT TO A CIVIL 3
PENALTY OF UP TO $1,000 FOR EACH OCCURRENCE . 4
(C) AN EMPLOYER MAY NOT W ILLFULLY: 5
(1) FAIL OR REFUSE TO PA Y CONTRIBUTIONS TO THE FUND; OR 6
(2) TAKE DEDUCTIONS FROM THE WAGES OF AN EMPL OYEE TO PAY 7
ANY PORTION OF THE E MPLOYER CONTRIBUTION S DUE FROM THE EMPLO YER. 8
8.3–902. 9
(A) THE DIVISION MAY SEEK REP AYMENT OF BENEFITS F ROM AN 10
INDIVIDUAL WHO RECEI VED BENEFITS UNDE R THIS TITLE IF: 11
(1) THE BENEFITS WERE PA ID ERRONEOUSLY OR AS A RESULT OF 12
WILLFUL MISREPRESENT ATION BY THE INDIVID UAL; OR 13
(2) A CLAIM FOR BENEFITS UNDER THIS TITLE IS REJECTED AFTER 14
THE BENEFITS WERE PA ID. 15
(B) THE SECRETARY MAY WAIVE I N WHOLE OR IN PART THE REPAYMENT O F 16
BENEFITS UNDER SUBSE CTION (A) OF THIS SECTION IF: 17
(1) THE ERROR IN PAYMENT WAS NOT DUE TO ANY F ALSE STATEMENT , 18
NONDISCLOSURE OF MAT ERIAL FACT, OR MISREPRESENTATION BY A COVERED 19
INDIVIDUAL; OR 20
(2) THE REPAYMENT WOULD BE AGAINST EQUITY AND GOOD 21
CONSCIENCE OR ADMINI STRATIVE EFFICIENCY . 22
8.3–903. 23
IF AN EMPLOYER FAILS TO PAY THE CONTRIBUT IONS DUE TO THE FUND, THE 24
SECRETARY MAY , IN ACCORDANCE WITH § 8.3–404 OF THIS TITLE: 25
(1) ASSESS THE AMOUNT OF CONTRIBUTIONS AND IN TEREST DUE; 26
(2) MAKE AN ADDITIONAL A SSESSMENT IN AN AMOU NT NOT TO 27
EXCEED TWO TIMES THE CONTRIBUTIONS WITHHE LD, AS A PENALTY FOR FAI LURE 28
TO PAY THE CONTRIBUT IONS DUE; AND 29
28 HOUSE BILL 496
(3) ORDER AN AUDIT OF TH E EMPLOYER FOR THE I MMEDIATELY 1
FOLLOWING FISCAL YEA R TO INVESTIGATE AND DETERMINE COMPLI ANCE WITH 2
THIS TITLE AND TITLES 3, 8, AND 9 OF THIS ARTICLE. 3
8.3–904. 4
A PERSON MAY NOT DISCH ARGE, DEMOTE, OR OTHERWISE DISCRIM INATE OR 5
TAKE ADVERSE ACTION AGAINST A COVERED IN DIVIDUAL BECAUSE THE COVERED 6
INDIVIDUAL HAS: 7
(1) FILED FOR, APPLIED FOR, OR RECEIVED BENEFITS , OR TAKEN 8
FAMILY OR MEDICAL LE AVE FOR WHICH BENEFI TS MAY BE PAID UNDER THIS TITLE; 9
(2) INQUIRED ABOUT THE R IGHTS AND RESPONSIBI LITIES UNDER 10
THIS TITLE; 11
(3) COMMUNICATED TO THE PERSON AN INTENT TO FILE A CLAIM, A 12
COMPLAINT, OR AN APPEAL UNDER T HIS TITLE; OR 13
(4) TESTIFIED OR INTENDS TO TESTIFY OR OTHERW ISE HAS ASSISTED 14
IN A PROCEEDING UNDE R THIS TITLE. 15
8.3–905. 16
(A) (1) AN EMPLOYEE ALLEGING A VIOLATION OF THIS SUBTITLE MAY 17
FILE A COMPLAINT WIT H THE SECRETARY TO RECOVER LOST WAGE S AND DAMAGES 18
EQUAL TO THE AMOUNT OF WAGES, SALARY, EMPLOYMENT BENEFITS , OR OTHER 19
COMPENSATION DENIED OR LOST, AND APPROPRIATE PUNI TIVE DAMAGES . 20
(2) A COMPLAINT UNDER THIS SUBSECTION MAY ALSO SEEK 21
APPROPRIATE RELIEF I NCLUDING REINSTA TEMENT OR THE HIRING OF EMPLOYEES 22
WITH OR WITHOUT BACK PAY. 23
(B) THIS SECTION DOES NOT DEPRIVE A PRIVATE RI GHT OR CAUSE OF 24
ACTION TO ANY EMPLOY EE FOR VIOLATIONS OF § 8.3–904 OF THIS SUBTITLE OR § 25
8.3–707 OF THIS TITLE. 26
8.3–906. 27
(A) (1) NOTWITHSTANDING ANY ADMINISTRATIVE R EMEDY AVAILABLE 28
UNDER § 8.3–905 OF THIS SUBTITLE, AN EMPLOYEE MAY BRIN G AN ACTION AGAINST 29
AN EMPLOYER FOR VIOL ATIONS OF § 8.3–904 OF THIS SUBTITLE OR § 8.3–707 OR § 30
8.3–708 OF THIS TITLE TO REC OVER LOST WAGES AND DAMAGES EQUAL TO THE 31 HOUSE BILL 496 29
AMOUNT OF WAGES , SALARY, EMPLOYMENT BENEFITS , OR OTHER COMPENSATIO N 1
DENIED OR LOST , AND APPROPRIATE PUNI TIVE DAMAGES . 2
(2) AN ACTION UNDER THIS SUBSECTION MAY SEEK INJUNCTIVE AND 3
OTHER APPROPRIATE EQ UITABLE RELIEF INCLU DING REINSTATEMENT O R THE 4
HIRING OF EMPLOYEES WITH OR WIT HOUT BACK PAY . 5
(B) ON A FINDING THAT AN EMPLOYEE IS ENTITLED TO JUDGMENT IN AN 6
ACTION UNDER SUBSECT ION (A) OF THIS SECTION , THE COURT SHALL ALLO W 7
AGAINST THE EMPLOYER REASONABLE ATTORNEY ’S FEES AND OTHER COS TS. 8
8.3–907. 9
(A) (1) THE SECRETARY SHALL ESTAB LISH A SYSTEM FOR AP PEALS BY 10
COVERED INDIVIDUALS IN THE CASE OF DENIA L OF BENEFITS UNDER THIS TITLE. 11
(2) THE SECRETARY MAY USE THE PROCEDURES UNDER § 8–806 OF 12
THIS ARTICLE FOR THE SYSTEM REQUIRED UNDE R PARAGRAPH (1) OF THIS 13
SUBSECTION. 14
(B) JUDICIAL REVIEW OF AN Y DECISION WITH RESP ECT TO BENEFITS 15
UNDER THIS TITLE SHA LL BE ALLOWED IN A C OURT OF COMPETENT JU RISDICTION 16
AFTER AN AGGRIEVED P ARTY HAS EXHAUSTED A LL ADMINISTRATIVE RE MEDIES 17
ESTABLISHED BY THE SECRETARY UNDER THIS TITLE. 18
(C) THE SECRETARY SHALL IMPLE MENT PROCEDURES TO E NSURE 19
CONFIDENTIALITY OF A LL INFORMATION RELAT ED TO ANY CLAIMS FIL ED OR 20
APPEALS TAKEN TO THE MAXIMUM EXTENT ALLOW ED BY LAW. 21
SUBTITLE 10. SHORT TITLE. 22
8.3–1001. 23
THIS TITLE MAY BE CIT ED AS THE MARYLAND FAMILY AND MEDICAL LEAVE 24
INSURANCE PROGRAM. 25
Article – State Finance and Procurement 26
6–226. 27
(a) (2) (i) Notwithstanding any other provision of law, and unless 28
inconsistent with a federal law, grant agreement, or other federal requirement or with the 29
terms of a gift or settlement agreement, net interest on all State money allocated by the 30
State Treasurer under this section to special funds or accounts, and otherwise entitled to 31 30 HOUSE BILL 496
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 1
Fund of the State. 2
(ii) The provisions of subparagraph (i) of this paragraph do not apply 3
to the following funds: 4
144. the Health Equity Resource Community Reserve Fund; 5
[and] 6
145. the Access to Counsel in Evictions Special Fund; AND 7
146. THE FAMILY AND MEDICAL LEAVE INSURANCE 8
FUND. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 10
apply only prospectively and may not be applied or interpreted to have any effect on or 11
application to any collective bargaining agreement entered into before the effective date of 12
this Act. 13
SECTION 3. AND BE IT FURTHER ENACTED, That, on or before October 1, 2022, 14
the Secretary of Labor shall adopt regulations as required under § 8.3–403 of the Labor and 15
Employment Article, as enacted by Section 1 of this Act it is the intent of the General 16
Assembly that $25,000,000 be set aside in the fiscal year 2023 budget to support the work 17
of the Commission on the Establishment of a Family Medical Leave and Insurance 18
Program, as enacted by Section 1 of this Act, and any other changes necessary for the 19
Maryland Department of Labor to prepare for the implementation of a Family Medical 20
Leave and Insurance Program. 21
SECTION 4. 3. AND BE IT FURTHER ENACTED, That it is the intent of the 22
General Assembly that the statutory framework establishing a Family Medical Leave and 23
Insurance Program in the State shall: 24
(1) general funds be loaned to the Family and Medical Leave Insurance 25
Fund by July 1, 2023, in an amount sufficient to supplement contributions and provide 26
funding for costs to administer the Family and Medical Leave Insurance Program; and 27
(2) any funds loaned to the Family and Medical Leave Insurance Fund be 28
repaid to the General Fund by the Secretary of Labor as soon as the Fund receives enough 29
contributions to become self–sustaining be effective not later than June 1, 2023; 30
(2) include, to the extent practicable, the findings and recommendations of 31
the Commission on the Family Medical Leave and Insurance Program, as enact ed by 32
Section 1 of this Act; 33
(3) enable individuals to receive benefits under the Program by June 1, 34
2024; 35
HOUSE BILL 496 31
(4) require employers and employees to share in the cost of contributions 1
to fund the Program; and 2
(5) generally provide temporary benefits to certain individuals who take 3
leave from employment for family– and medical–related reasons. 4
SECTION 5. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
June 1, 2022. Section 2 of this Act shall remain effective for a period of 1 year and 1 month 6
and, at the end of June 30, 2023, this Act, with no further action required by the General 7
Assembly, shall be abrogated and of no further force and effect. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.