Maryland 2022 Regular Session

Maryland House Bill HB496 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5	5		Underlining indicates amendments to bill.
6	6		Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7	7		amendment.
8		-	Italics indicate opposite chamber/conference committee amendments.
9	8		hb0496
10	9
11	10		HOUSE BILL 496
12		-	K3 (2lr0610)
13		-	ENROLLED BILL
14		-	— Economic Matters/Finance —
15		-	Introduced by Delegates Wilson, Valderrama Delegates Valderrama, Wilson, and
16		-	Kelly
	11	+	K3 2lr0610
17	12
18		-	Read and Examined by Proofreaders:
19		-
20		-	_______________________________________________
21		-	Proofreader.
22		-	_______________________________________________
23		-	Proofreader.
24		-
25		-	Sealed with the Great Seal and presented to the Governor, for his approval this
26		-
27		-	_______ day of _______________ at ________________________ o’clock, ________M.
28		-
29		-	______________________________________________
30		-	Speaker.
	13	+	By: Delegates Wilson, Valderrama Delegates Valderrama, Wilson, and Kelly
	14	+	Introduced and read first time: January 21, 2022
	15	+	Assigned to: Economic Matters
	16	+	Committee Report: Favorable with amendments
	17	+	House action: Adopted
	18	+	Read second time: March 10, 2022
31	19
32	20		CHAPTER ______
33	21
34	22		AN ACT concerning 1
35	23
36		-	Labor and Employment – Commission on the Establishment of a Labor and 2
37		-	Employment – Family and Medical Leave Insurance Program – Establishment –3
38		-	Establishment 4
39		-	(Time to Care Act 2022) 5
	24	+	Labor and Employment – Commission on the Establishment of a Family and 2
	25	+	Medical Leave Insurance Program – Establishment 3
40	26
41		-	FOR the purpose of establishing the Commission on the Establishment of a Family and 6
42		-	Medical Leave Insurance Program in the Maryland Department of Labor to provide 7
43		-	certain benefits to individuals who take leave from employment for certain purposes; 8
44		-	establishing the Family and Medical Leave Insurance Fund as a special, nonlapsing 9
45		-	fund; requiring, beginning on a certain date, certain employees, employers, and 10
46		-	self–employed individuals to contribute to the Fund in a certain manner; requiring 11
47		-	the Secretary to establish the total rate of contribution and the percentages of the total 12
48		-	rate of contribution to be paid by certain employees and employers; requiring the 13
49		-	Secretary of Labor to establish a system of appeals for certain covered individuals; 14 2 HOUSE BILL 496
	27	+	FOR the purpose of establishing the Commission on the Establishment of a Family and 4
	28	+	Medical Leave Insurance Program in the Maryland Department of Labor to provide 5
	29	+	certain benefits to individuals who take leave from employment for certain purposes; 6
	30	+	establishing the Division of Family and Medical Leave Insurance in the Department 7
	31	+	to administer the Program; establishing the Family and Medical Leave Insurance 8
	32	+	Fund as a special, nonlapsing fund; requiring, beginning on a certain date, certain 9
	33	+	employees, employers, and self–employed individuals to contribute to the Fund in a 10
	34	+	certain manner; requiring the Division, under certain circumstances, to deduct and 11
	35	+	withhold a certain amount from benefits paid; authorizing certain employees to bring 12
	36	+	a certain action against certain employers for certain violations of this Act under 13
	37	+	certain circumstances; requiring the Secretary of Labor to establish a system of 14
	38	+	appeals for certain covered individuals; requiring that certain judicial review be 15
	39	+	allowed after a certain aggrieved party has exhausted certain administrative 16
	40	+	remedies; requiring interest earnings of the Fund to be credited to the Fund; to study 17
	41	+	and make recommendations for establishing a Family Medical Leave and Insurance 18
	42	+	Program in the State; providing that the intent of the General Assembly is to 19
	43	+	establish a certain statutory framework for a family medical leave and insurance 20
	44	+	program in the State that is effective not later than a certain date; and generally 21
	45	+	relating to the Family and Medical Leave Insurance Program a State family and 22
	46	+	medical leave insurance program. 23
	47	+
	48	+	BY adding to 24 2 HOUSE BILL 496
50	49
51	50
52		-	requiring that certain judicial review be allowed after a certain aggrieved party has 1
53		-	exhausted certain administrative remedies; requiring interest earnings of the Fund to 2
54		-	be credited to the Fund; and generally relating to the Family and Medical Leave 3
55		-	Insurance Program. in the Maryland Department of Labor to provide certain benefits 4
56		-	to individuals who take leave from employment for certain purposes; establishing 5
57		-	the Division of Family and Medical Leave Insurance in the Department to 6
58		-	administer the Program; establishing the Family and Medical Leave Insurance Fund 7
59		-	as a special, nonlapsing fund; requiring, beginning on a certain date, certain 8
60		-	employees, employers, and self–employed individuals to contribute to the Fund in a 9
61		-	certain manner; requiring the Division, under certain circumstances, to deduct and 10
62		-	withhold a certain amount from benefits paid; authorizing certain employees to bring 11
63		-	a certain action against certain employers for certain violations of this Act under 12
64		-	certain circumstances; requiring the Secretary of Labor to establish a system of 13
65		-	appeals for certain covered individuals; requiring that certain judicial review be 14
66		-	allowed after a certain aggrieved party has exhausted certain administrative 15
67		-	remedies; requiring interest earnings of the Fund to be credited to the Fund; to study 16
68		-	and make recommendations for establishing a Family Medical Leave and Insurance 17
69		-	Program in the State; providing that the intent of the General Assembly is to 18
70		-	establish a certain statutory framework for a family medical leave and insurance 19
71		-	program in the State that is effective not later than a certain date; and generally 20
72		-	relating to the Family and Medical Leave Insurance Program a State family and 21
73		-	medical leave insurance program. 22
	51	+	Article – Labor and Employment 1
	52	+	Section 8.3–101 through 8.3–1001 to be under the new title “Title 8.3. Family and 2
	53	+	Medical Leave Insurance Program” 3
	54	+	Annotated Code of Maryland 4
	55	+	(2016 Replacement Volume and 2021 Supplement) 5
74	56
75		-	BY adding to 23
76		-	Article – Labor and Employment 24
77		-	Section 8.3–101 through 8.3–1001 to be under the new title “Title 8.3. Family and 25
78		-	Medical Leave Insurance Program” 26
79		-	Annotated Code of Maryland 27
80		-	(2016 Replacement Volume and 2021 Supplement) 28
	57	+	BY repealing and reenacting, without amendments, 6
	58	+	Article – State Finance and Procurement 7
	59	+	Section 6–226(a)(2)(i) 8
	60	+	Annotated Code of Maryland 9
	61	+	(2021 Replacement Volume) 10
81	62
82		-	BY repealing and reenacting, ~~without~~ amendments, 29
83		-	Article – State Finance and Procurement 30
84		-	Section 6–226(a)(2)(i) 31
85		-	Annotated Code of Maryland 32
86		-	(2021 Replacement Volume) 33
	63	+	BY repealing and reenacting, with amendments, 11
	64	+	Article – State Finance and Procurement 12
	65	+	Section 6–226(a)(2)(ii)144. and 145. 13
	66	+	Annotated Code of Maryland 14
	67	+	(2021 Replacement Volume) 15
87	68
88		-	BY ~~repealing and reenacting,~~ ~~with amendments, 34~~
89		-	Article – State Finance and Procurement 35
90		-	Section 6–226(a)(2)(ii)~~144~~. ~~and 145. 36~~
91		-	Annotated Code of Maryland 37
92		-	(2021 Replacement Volume) 38
	69	+	BY adding to 16
	70	+	Article – State Finance and Procurement 17
	71	+	Section 6–226(a)(2)(ii)146. 18
	72	+	Annotated Code of Maryland 19
	73	+	(2021 Replacement Volume) 20
93	74
94		-	BY adding to 39
95		-	Article – State Finance and Procurement 40
96		-	Section 6–226(a)(2)(ii)146. 41
97		-	Annotated Code of Maryland 42
98		-	(2021 Replacement Volume) 43 HOUSE BILL 496 3
	75	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
	76	+	That the Laws of Maryland read as follows: 22
	77	+
	78	+	(a) There is a Commission on the Establishment of a Family Medical Leave and 23
	79	+	Insurance Program. 24
	80	+
	81	+	(b) The purpose of the Commission is to study and make recommendations for 25
	82	+	establishing a Family Medical Leave and Insurance Program in the State. 26
	83	+
	84	+	(c) The Commission consists of the following members: 27
	85	+
	86	+	(1) two members of the Senate, appointed by the President of the Senate; 28
	87	+
	88	+	(2) two members of the House of Delegates, appointed by the Speaker of 29
	89	+	the House of Delegates; 30
	90	+
	91	+	(3) the Secretary of Labor, or the Secretary’s designee; 31
	92	+
	93	+	(4) the State Treasurer, or the State Treasurer’s designee; 32
	94	+
	95	+	(5) the Comptroller, or the Comptroller’s designee; 33
	96	+	HOUSE BILL 496 3
	97	+
	98	+
	99	+	(6) one representative of the National Federation of Independent Business, 1
	100	+	designated by the President of the National Federation of Independent Business; 2
	101	+
	102	+	(7) one representative of the Maryland Chamber of Commerce, designated 3
	103	+	by the President of the Maryland Chamber of Commerce; 4
	104	+
	105	+	(8) one representative of the Maryland Retailers Association, designated 5
	106	+	by the President of the Maryland Retailers Association; and 6
	107	+
	108	+	(9) the following members, appointed jointly by the President of the Senate 7
	109	+	and the Speaker of the House of Delegates: 8
	110	+
	111	+	(i) one representative from a national organization with expertise 9
	112	+	in the implementation of family medical and leave insurance programs in other states; 10
	113	+
	114	+	(ii) one representative from a private sector labor union; 11
	115	+
	116	+	(iii) one representative of a community organization that advocates 12
	117	+	for working families; and 13
	118	+
	119	+	(iv) one economist. 14
	120	+
	121	+	(d) The President of the Senate and the Speaker of the House of Delegates shall 15
	122	+	appoint cochairs of the Commission from among its members as follows: 16
	123	+
	124	+	(i) one cochair from the Senate, appointed by the President of the Senate; 17
	125	+	and 18
	126	+
	127	+	(ii) one cochair from the House of Delegates, appointed by the Speaker of 19
	128	+	the House of Delegates. 20
	129	+
	130	+	(e) The Maryland Department of Labor and the Department of Legislative 21
	131	+	Services jointly shall provide staff for the Commission. 22
	132	+
	133	+	(f) A member of the Commission: 23
	134	+
	135	+	(1) may not receive compensation as a member of the Commission; but 24
	136	+
	137	+	(2) is entitled to reimbursement of expenses under the Standard State 25
	138	+	Travel Regulations, as provided in the State budget. 26
	139	+
	140	+	(g) The Commission shall study and make recommendations on establishing a 27
	141	+	Family Medical Leave and Insurance Program in the State, including recommendations 28
	142	+	regarding: 29
	143	+	4 HOUSE BILL 496
	144	+
	145	+
	146	+	(1) when employers and employees should begin making contributions to 1
	147	+	fund the Program so that benefits under the Program are able to begin being paid not later 2
	148	+	than January 1, 2024; 3
	149	+
	150	+	(2) the appropriate cost sharing formula between employers and employees 4
	151	+	for making contributions to fund the Program, including various formulas that range 5
	152	+	between a cost share of: 6
	153	+
	154	+	(i) 1. 75% paid by employers; and 7
	155	+
	156	+	2. 25% paid by employees; and 8
	157	+
	158	+	(ii) 1. 25% paid by employers; and 9
	159	+
	160	+	2. 75% paid by employees; 10
	161	+
	162	+	(3) to what extent, if any, the cost shared between employers and 11
	163	+	employees should affect or determine the leave benefits provided to employees under the 12
	164	+	Program, including whether the proportion of the cost shared should impact who approves 13
	165	+	employees to take leave under the Program; 14
	166	+
	167	+	(4) any oversight mechanisms for the Program; 15
	168	+
	169	+	(5) the appropriate eligibility criteria for an individual to qualify for leave 16
	170	+	benefits under the Program; 17
	171	+
	172	+	(6) the appropriate duration for which an individual may receive leave 18
	173	+	benefits under the Program; 19
	174	+
	175	+	(7) the cost, efficiency, and benefits of the Maryland Department of Labor 20
	176	+	issuing a request for proposals seeking the services of an outside contractor for the 21
	177	+	following: 22
	178	+
	179	+	(i) premium collection; 23
	180	+
	181	+	(ii) claims administration; 24
	182	+
	183	+	(iii) data management; 25
	184	+
	185	+	(iv) fraud control; 26
	186	+
	187	+	(v) marketing and advertising; or 27
	188	+
	189	+	(vi) implementing any other elements of the Program; 28
	190	+
	191	+	(8) the minimum time an individual should be employed with the 29
	192	+	individual’s employer before qualifying for leave benefits under the Program; and 30 HOUSE BILL 496 5
99	193
100	194
101	195
102		-	BY adding to 1
103		-	Article – Labor and Employment 2
104		-	Section 8.3–101 through 8.3–1001 to be under the new title “Title 8.3. Family and 3
105		-	Medical Leave Insurance Program” 4
106		-	Annotated Code of Maryland 5
107		-	(2016 Replacement Volume and 2021 Supplement) 6
	196	+	(9) any other relevant aspects of family medical and leave insurance 1
	197	+	programs as determined by the Commission. 2
108	198
109		-	BY repealing and reenacting, without amendments, 7
110		-	Article – State Finance and Procurement 8
111		-	Section 6–226(a)(2)(i) 9
112		-	Annotated Code of Maryland 10
113		-	(2021 Replacement Volume) 11
	199	+	(h) In conducting the study and making recommendations under subsection (g) of 3
	200	+	this section, the Commission shall consider: 4
114	201
115		-	BY repealing and reenacting, with amendments, 12
116		-	Article – State Finance and Procurement 13
117		-	Section 6–226(a)(2)(ii)144. and 145. 14
118		-	Annotated Code of Maryland 15
119		-	(2021 Replacement Volume) 16
	202	+	(1) how other states have established family medical leave and insurance 5
	203	+	programs; and 6
120	204
121		-	BY adding to 17
122		-	Article – State Finance and Procurement 18
123		-	Section 6–226(a)(2)(ii)146. 19
124		-	Annotated Code of Maryland 20
125		-	(2021 Replacement Volume) 21
	205	+	(2) the results from an actuarial analysis regarding sustainable funding 7
	206	+	levels. 8
126	207
127		-	~~SECTION 1. BE IT ENACTED BY~~ THE ~~GENERAL ASSEMBLY OF MARYLAND,~~ 22
128		-	~~That the Laws of Maryland read as follows the Laws of Maryland read as follows: 23~~
	208	+	(i) The Commission shall contract with any consultants necessary to carry out 9
	209	+	this section. 10
129	210
130		-	Article – Labor and Employment 24
	211	+	(j) On or before December 1, 2022, the Commission shall report its findings and 11
	212	+	recommendations to the Governor and, in accordance with § 2–1257 of the State 12
	213	+	Government Article, the General Assembly. 13
131	214
132		-	~~TITLE 8.3. FAMILY~~ AND ~~MEDICAL LEAVE INSURANCE PROGRAM. 25~~
	215	+	Article – Labor and Employment 14
133	216
134		-	~~SUBTITLE 1~~. ~~DEFINITIONS; GENERAL PROVISIONS~~. 26
	217	+	TITLE 8.3. FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. 15
135	218
136		-	~~8.3–101~~. 27
	219	+	SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS. 16
137	220
138		-	(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 28
139		-	INDICATED. 29
	221	+	8.3–101. 17
140	222
141		-	(B) “APPLICATION YEAR ” MEANS THE 12–MONTH PERIOD BEGINNI NG ON 30
142		-	THE FIRST DAY OF THE CALENDAR WEEK IN WHI CH A COVERED INDIVID UAL FILES AN 31
143		-	APPLICATION FOR BENE FITS. 32
	223	+	(A) IN THIS TITLE THE FOL LOWING WORDS HAVE THE MEANINGS 18
	224	+	INDICATED. 19
144	225
145		-	(C) “BENEFITS” MEANS THE MONEY PAYA BLE UNDER THIS TITLE TO A 33
146		-	COVERED INDIVIDUAL . 34 4 HOUSE BILL 496
	226	+	(B) “APPLICATION YEAR ” MEANS THE 12–MONTH PERIOD BEGINNI NG ON 20
	227	+	THE FIRST DAY OF THE CALENDAR WEEK IN WHI CH A COVERED INDIVID UAL FILES 21
	228	+	AN APPLICATION FOR B ENEFITS. 22
	229	+
	230	+	(C) “BENEFITS” MEANS THE MONEY PAYA BLE UNDER THIS TITLE TO A 23
	231	+	COVERED INDIVIDUAL. 24
	232	+
	233	+	(D) “COVERED EMPLOYEE ” MEANS AN EMPLOYEE WH O HAS WORKED AT 25
	234	+	LEAST 680 HOURS OVER THE 12–MONTH PERIOD IMMEDIA TELY PRECEDING THE 26
	235	+	DATE ON WHICH LEAVE IS TO BEGIN. 27
	236	+
	237	+	(E) “COVERED INDIVIDUAL ” MEANS A COVERED EMPL OYEE OR A 28
	238	+	SELF–EMPLOYED INDIVIDU AL WHO ELECTS TO PAR TICIPATE IN THE PROGRAM 29
	239	+	UNDER § 8.3–201 OF THIS TITLE. 30
	240	+	6 HOUSE BILL 496
	241	+
	242	+
	243	+	(F) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF LABOR. 1
	244	+
	245	+	(G) “DIVISION” MEANS THE DIVISION OF FAMILY AND MEDICAL LEAVE 2
	246	+	INSURANCE. 3
	247	+
	248	+	(H) “EMPLOYER” MEANS A PERSON OR GO VERNMENTAL ENTITY THAT 4
	249	+	EMPLOYS AT LEAST ONE INDIVIDUAL IN THE STATE. 5
	250	+
	251	+	(I) “FAMILY MEMBER ” MEANS: 6
	252	+
	253	+	(1) A BIOLOGICAL CHILD , AN ADOPTED CHILD , A FOSTER CHILD, OR A 7
	254	+	STEPCHILD OF THE COV ERED INDIVIDUAL ; 8
	255	+
	256	+	(2) A CHILD FOR WHOM THE COVERED INDIVIDUAL H AS LEGAL OR 9
	257	+	PHYSICAL CUSTODY OR GUARDIANSHIP ; 10
	258	+
	259	+	(3) A CHILD FOR WHOM THE COVERED INDIVIDUAL S TANDS IN LOCO 11
	260	+	PARENTIS, REGARDLESS OF THE CH ILD’S AGE; 12
	261	+
	262	+	(4) A BIOLOGICAL PARENT , AN ADOPTIVE PARENT , A FOSTER PARENT , 13
	263	+	OR A STEPPARENT OF T HE COVERED INDIVIDUA L OR OF THE COVERED INDIVIDUAL ’S 14
	264	+	SPOUSE; 15
	265	+
	266	+	(5) THE LEGAL GUARDIAN O F THE COVERED INDIVI DUAL OR THE 16
	267	+	WARD OF THE COVERED INDIVIDUAL OR OF THE COVERED INDIVIDUAL ’S SPOUSE; 17
	268	+
	269	+	(6) AN INDIVIDUAL WHO AC TED AS A PARENT OR S TOOD IN LOCO 18
	270	+	PARENTIS TO THE COVE RED INDIVIDUAL OR TH E COVERED INDIVIDUAL ’S SPOUSE 19
	271	+	WHEN THE COVERED IND IVIDUAL OR THE COVER ED INDIVIDUAL’S SPOUSE WAS A 20
	272	+	MINOR; 21
	273	+
	274	+	(7) THE SPOUSE OF THE CO VERED INDIVIDUAL ; 22
	275	+
	276	+	(8) A BIOLOGICAL GRANDPA RENT, AN ADOPTED GRANDPARE NT, A 23
	277	+	FOSTER GRANDPARENT , OR A STEPGRANDPARENT OF THE COVERED INDIVIDU AL; 24
	278	+
	279	+	(9) A BIOLOGICAL GRANDCH ILD, AN ADOPTED GRANDCHIL D, A 25
	280	+	FOSTER GRANDCHILD , OR A STEPGRANDCHILD OF THE COVERED INDIV IDUAL; OR 26
	281	+
	282	+	(10) A BIOLOGICAL SIBLING , AN ADOPTED SIBLING , A FOSTER SIBLING, 27
	283	+	OR A STEPSIBLING OF THE COVERED INDIVI DUAL. 28
	284	+
	285	+	(J) “FUND” MEANS THE FAMILY AND MEDICAL LEAVE INSURANCE FUND 29
	286	+	ESTABLISHED UNDER § 8.3–501 OF THIS TITLE. 30 HOUSE BILL 496 7
147	287
148	288
149	289
150		-	(D) “COVERED EMPLOYEE ” MEANS AN EMPLOYEE WH O HAS WORKED AT 1
151		-	LEAST 680 HOURS OVER THE 12–MONTH PERIOD IMMEDIA TELY PRECEDING THE 2
152		-	DATE ON WHICH LEAVE IS TO BEGIN. 3
	290	+	(K) “GOVERNMENTAL ENTITY ” HAS THE MEANING STAT ED IN § 8–101 OF 1
	291	+	THIS ARTICLE. 2
153	292
154		-	(E) “COVERED INDIVIDUAL ” MEANS A COVERED EMPL OYEE OR A 4
155		-	SELF–EMPLOYED INDIVIDUAL WHO ELECTS TO PARTIC IPATE IN THE PROGRAM 5
156		-	UNDER § 8.3–201 OF THIS TITLE. 6
	293	+	(L) “NEXT OF KIN” MEANS THE NEAREST BL OOD RELATIVE . 3
157	294
158		-	(F) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF LABOR. 7
	295	+	(M) “PROGRAM” MEANS THE FAMILY AND MEDICAL LEAVE INSURANCE 4
	296	+	PROGRAM ESTABLISHED U NDER § 8.3–301 OF THIS TITLE. 5
159	297
160		-	(G) “DEPLOYMENT ” MEANS A SERVICE MEMB ER ACTING UNDER OFFI CIAL 8
161		-	ORDERS WHO , ON ANY DAY, IS PERFORMING SERVIC E IN A TRAINING EXER CISE OR 9
162		-	OPERATION AT A LOCAT ION OR UNDER CIRCUMSTANCE S THAT MAKE IT IMPOS SIBLE 10
163		-	OR INFEASIBLE FOR TH E SERVICE MEMBER TO SPEND OFF–DUTY TIME IN THE 11
164		-	HOUSING IN WHICH THE SERVICE MEMBER RESID ES WHEN ON GARRISON DUTY AT 12
165		-	THE SERVICE MEMBER ’S PERMANENT DUTY STA TION OR HOMEPORT . 13
	298	+	(N) “QUALIFYING EXIGENCY ” MEANS ANY OF THE FOL LOWING REASONS 6
	299	+	FOR WHICH LEAVE MAY BE NEEDED BY A FAMIL Y MEMBER OF A SERVIC E MEMBER: 7
166	300
167		-	~~(H)~~ (1) ~~“EMPLOYER” MEANS A PERSON OR GO VERNMENTAL ENTITY TH AT 14~~
168		-	~~EMPLOYS AT LEAST ONE INDIVIDUAL IN~~ THE ~~STATE. 15~~
	301	+	(1) BECAUSE THE SERVICE MEMBER H AS RECEIVED NOTICE O F 8
	302	+	DEPLOYMENT WITHIN 7 DAYS BEFORE THE DEPL OYMENT IS TO BEGIN ; 9
169	303
170		-	(2) “EMPLOYER” DOES NOT INCLUDE AN INDIVIDUAL WHO : 16
	304	+	(2) TO ATTEND MILITARY E VENTS AND RELATED AC TIVITIES 10
	305	+	INCLUDING FAMILY SUP PORT PROGRAMS RELATE D TO THE ACTIVE DUTY OF THE 11
	306	+	SERVICE MEMBER ; 12
171	307
172		-	(I) IS THE SOLE OWNER OF A SOLE PROPRIETORSHI P, LIMITED 17
173		-	LIABILITY COMPANY , C CORPORATION , OR S CORPORATION ; AND 18
	308	+	(3) TO ARRANGE, PROVIDE, OR ATTEND CHILD CARE OR SCHOOL 13
	309	+	ACTIVITIES ONLY WHEN THE SERVICE MEMBER I S ON ACTIVE DUTY CAL L OR ACTIVE 14
	310	+	DUTY STATUS; 15
174	311
175		-	(II) IS THE ONLY INDIVIDU AL EMPLOYED BY THE S OLE 19
176		-	PROPRIETORSHIP , LIMITED LIABILITY CO MPANY, C CORPORATION , OR S 20
177		-	CORPORATION . 21
	312	+	(4) TO MAKE FINANCIAL AN D LEGAL ARRANGEMENTS FOR THE 16
	313	+	SERVICE MEMBER ’S ABSENCE OR BECAUSE OF THE ABSENCE ; 17
178	314
179		-	(I) ~~“FAMILY MEMBER ” MEANS~~: 22
	315	+	(5) TO ATTEND COUNSELING THAT : 18
180	316
181		-	(1) ~~A BIOLOGICAL CHILD , AN ADOPTED CHILD , A FOSTER CHILD,~~ OR ~~A 23~~
182		-	~~STEPCHILD~~ OF ~~T HE COVERED INDIVIDUA L~~; 24
	317	+	(I) IS NEEDED DUE TO THE ACTIVE DUTY OR CALL TO ACTIVE 19
	318	+	DUTY STATUS OF THE S ERVICE MEMBER ; AND 20
183	319
184		-	(2) A ~~CHILD FOR WHOM THE COVERED INDIVIDUAL H AS LEGAL OR 25~~
185		-	~~PHYSICAL CUSTODY OR GUARDIANSHIP~~ ; 26
	320	+	(II) IS PROVIDED BY AN IN DIVIDUAL WHO IS NOT A LICENSED 21
	321	+	HEALTH CARE PROVIDER ; 22
186	322
187		-	(3) A CHILD FOR WHOM THE COVERED INDIVIDUAL S TANDS IN LOCO 27
188		-	PARENTIS, REGARDLESS OF THE CH ILD’S AGE; 28
	323	+	(6) TO SPEND UP TO 15 CALENDAR DAYS WITH A SERVICE MEMBER 23
	324	+	WHO IS ON SHORT –TERM TEMPORARY REST AND RECUPERATION LEA VE DURING 24
	325	+	THE PERIOD OF DEPLOY MENT; 25
189	326
190		-	(4) A BIOLOGICAL PARENT , AN ADOPTIVE PARENT , A FOSTER PARENT , 29
191		-	OR A STEPPARENT OF T HE COVERED INDIVIDUA L OR OF THE COVERED INDIVIDUAL’S 30
192		-	SPOUSE; 31 HOUSE BILL 496 5
	327	+	(7) TO ATTEND POSTDEPLOY MENT ACTIVITIES INCL UDING 26
	328	+	REINTEGRATION SERVIC ES FOR A PERIOD OF 90 DAYS IMMEDIATELY FOL LOWING 27
	329	+	THE TERMINATION OF A CTIVE STATUS; 28
	330	+
	331	+	(8) TO ATTEND TO MATTERS RELATED TO THE DEATH OF THE 29
	332	+	SERVICE MEMBER WHILE ON ACTIVE DUTY STATU S; 30 8 HOUSE BILL 496
193	333
194	334
195	335
196		-	(5) THE LEGAL GUARDIAN O F THE COVERED INDIVI DUAL OR THE 1
197		-	WARD OF THE COVERED INDIVIDUAL OR OF THE COVERED INDIVIDUAL ’S SPOUSE; 2
	336	+	(9) TO ARRANGE FOR OR PR OVIDE ALTERNATIVE CA RE FOR A PARENT 1
	337	+	OF THE SERVICE MEMBE R WHEN THE PARENT IS INCAPABLE OF SELF –CARE AND THE 2
	338	+	COVERED ACTIVE DUTY OR CALL TO ACTIVE DUTY NECESSITATES A CHANG E; OR 3
198	339
199		-	(6) AN INDIVIDUAL WHO ACTED AS A PARENT OR STOOD IN LOCO 3
200		-	PARENTIS TO THE COVE RED INDIVIDUAL OR TH E COVERED INDIVIDUAL ’S SPOUSE 4
201		-	WHEN THE COVERED IND IVIDUAL OR THE COVER ED INDIVIDUAL’S SPOUSE WAS A 5
202		-	MINOR; 6
	340	+	(10) BECAUSE OF ANY OTHER ISSUES THAT ARISE OU T OF ACTIVE DUTY 4
	341	+	OR A CALL TO ACTIVE DUTY THAT AN EMPLOYE R AND COVERED EMPLOY EE AGREE 5
	342	+	SHOULD BE COVERED . 6
203	343
204		-	(7) THE ~~SPOUSE~~ OF ~~THE CO VERED INDIVIDUAL ;~~ 7
	344	+	(O) “SECRETARY” MEANS THE SECRETARY OF LABOR. 7
205	345
206		-	(8) ~~A BIOLOGICAL GRANDPARENT~~ , AN ~~ADOPTED GRANDPARE NT~~, A 8
207		-	~~FOSTER GRANDPARENT~~ , OR A ~~STEPGRANDPARENT OF THE COVERED INDIV IDUAL;~~ 9
	346	+	(P) (1) “SERIOUS HEALTH CONDIT ION” MEANS AN ILLNESS , AN INJURY, 8
	347	+	AN IMPAIRMENT , OR A PHYSICAL OR MEN TAL CONDITION THAT I NVOLVES: 9
208	348
209		-	(9) A ~~BIOLOGICAL GRANDCH ILD~~, ~~AN ADOPTED GRANDCHIL D~~, A 10
210		-	~~FOSTER GRANDCHILD , OR A STEPGRANDCHILD OF THE COVERED INDIV IDUAL~~; OR 11
	349	+	(I) INPATIENT CARE IN A HOSPITAL, HOSPICE, OR RESIDENTIAL 10
	350	+	HEALTH CARE FACILITY ; 11
211	351
212		-	(10) A ~~BIOLOGICAL SIBLING,~~ ~~AN ADOPTED SIBLING , A FOSTER SIBLING,~~ 12
213		-	OR ~~A STEPSIBLING OF THE COVERED INDIVIDU AL.~~ 13
	352	+	(II) CONTINUED TREATMENT BY A LICENSED HEALTH CARE 12
	353	+	PROVIDER; OR 13
214	354
215		-	(J) “FUND” MEANS THE FAMILY AND MEDICAL LEAVE INSURANCE FUND 14
216		-	ESTABLISHED UNDER § 8.3–501 OF THIS TITLE. 15
	355	+	(III) CONTINUED TREATMENT OR SUPERVISION AT HO ME BY A 14
	356	+	LICENSED HEALTH CARE PROVIDER OR OTHER CO MPETENT INDIVIDUAL U NDER 15
	357	+	THE SUPERVISION OF A LICENSED HEALTH CARE PROVIDER. 16
217	358
218		-	(K) “GOVERNMENTAL ENTITY ” HAS THE MEANING STAT ED IN § 8–101 OF 16
219		-	THIS ARTICLE. 17
	359	+	(2) “SERIOUS HEALTH CONDIT ION” INCLUDES AN ILLNESS , AN 17
	360	+	INJURY, AN IMPAIRMENT , OR A PHYSICAL OR MEN TAL CONDITION DESCRI BED IN 18
	361	+	PARAGRAPH (1) OF THIS SUBSECTION T HAT CONTINUES OVER A N EXTENDED 19
	362	+	PERIOD OF TIME AND R EQUIRES INTERMITTENT TREATMENT . 20
220	363
221		-	(L) “~~PROGRAM~~” MEANS ~~THE FAMILY AND MEDICAL LEAVE INSURANCE 18~~
222		-	~~PROGRAM ESTABLISHED U NDER § 8.3–301~~ OF ~~THIS TITLE.~~ 19
	364	+	(Q) “SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS AN ACTIVE DUT Y OR 21
	365	+	FORMER MEMBER OF : 22
223	366
224		-	(M) “QUALIFYING EXIGENCY ” MEANS ANY OF THE FOL LOWING REASONS FOR 20
225		-	WHICH LEAVE MAY BE N EEDED BY A FAMILY ME MBER OF A SERV ICE MEMBER: 21
	367	+	(1) THE UNITED STATES ARMED FORCES ; 23
226	368
227		-	(1) ~~BECAUSE~~ THE ~~SERVICE MEMBER HAS RECEIVED NOTICE OF 22~~
228		-	~~DEPLOYMENT WITHIN 7 DAYS BEFORE THE DEPL OYMENT IS TO BEGIN ; 23~~
	369	+	(2) A RESERVE COMPONENT OF THE UNITED STATES ARMED FORCES ; 24
	370	+	OR 25
229	371
230		-	(2) TO ATTEND MILITARY E VENTS AND RELATED AC TIVITIES 24
231		-	INCLUDING FAMILY SUP PORT PROGRAMS RELATE D TO THE ACTIVE DUTY OF THE 25
232		-	SERVICE MEMBER ; 26
	372	+	(3) THE NATIONAL GUARD OF ANY STATE . 26
233	373
234		-	(3) TO ARRANGE , PROVIDE, OR ATTEND CHILD CARE OR SCHOOL 27
235		-	ACTIVITIES ONLY WHEN THE SERVICE MEMBER I S ON ACTIVE DUTY CAL L OR ACTIVE 28
236		-	DUTY STATUS; 29
237		-	6 HOUSE BILL 496
	374	+	(R) “TREATMENT” INCLUDES: 27
	375	+
	376	+	(1) EXAMINATIONS OR TEST ING TO DETERMINE THE EXTENT TO 28
	377	+	WHICH A SERIOUS HEALTH CONDI TION EXISTS OR PERSI STS; 29
	378	+	HOUSE BILL 496 9
238	379
239	380
240		-	(4) ~~TO MAKE FINANCIAL AN D LEGAL ARRANGEMENTS FOR~~ THE 1
241		-	~~SERVICE MEMBER ’S ABSENCE OR BECAUSE OF THE ABSENCE;~~ 2
	381	+	(2) ONGOING OR PERIODIC EVALUATIONS OF THE S ERIOUS HEALTH 1
	382	+	CONDITION; AND 2
242	383
243		-	(5) ~~TO ATTEND COUNSELING THAT:~~ 3
	384	+	(3) ACTUAL TREATMENT BY A HEALTH CARE PROVID ER. 3
244	385
245		-	(I) IS NEEDED DUE TO THE ACTIVE DUTY OR CALL TO ACTIVE 4
246		-	DUTY STATUS OF THE S ERVICE MEMBER ; AND 5
	386	+	8.3–102. 4
247	387
248		-	(II) ~~IS PROVIDED BY AN IN DIVIDUAL WHO IS~~ NOT ~~A LICENSED 6~~
249		-	~~HEALTH CARE PROVIDER ; 7~~
	388	+	(A) THIS SECTION DOES NOT APPLY TO THE DISCLOS URE OF INFORMATION 5
	389	+	TO: 6
250	390
251		-	(6) TO SPEND UP TO 15 CALENDAR DAYS WITH A SER VICE MEMBER 8
252		-	WHO IS ON SHORT –TERM TEMPORARY REST AND RECUPERATION LEA VE DURING THE 9
253		-	PERIOD OF DEPLOYMENT ; 10
	391	+	(1) A PUBLIC EMPLOYEE IN THE PERFORMANCE OF T HE PUBLIC 7
	392	+	EMPLOYEE’S OFFICIAL DUTIES; 8
254	393
255		-	(7) TO ATTEND POSTDEPLOY MENT ACTIVITIES INCL UDING 11
256		-	REINTEGRATION SERVIC ES FOR A PERIOD OF 90 DAYS IMMEDIATELY FOL LOWING 12
257		-	THE TERMIN ATION OF ACTIVE STAT US; 13
	394	+	(2) THE INDIVIDUAL TO WH OM THE INFORMATION R ELATES; OR 9
258	395
259		-	(8) TO ATTEND TO MATTERS RELATED TO THE DEATH OF THE SERVICE 14
260		-	MEMBER WHILE ON ACTI VE DUTY STATUS ; 15
	396	+	(3) IF AN AUTHORIZED REP RESENTATIVE HAS THE SIGNED 10
	397	+	AUTHORIZATION OF THE INDIVIDUAL TO WHOM T HE INFORMATION RELATES, THE 11
	398	+	AUTHORIZED REPRESENT ATIVE. 12
261	399
262		-	(9) ~~TO ARRANGE FOR OR PR OVIDE ALTERNATIVE CA RE FOR A PARENT 16~~
263		-	~~OF THE SERVICE MEMBE R WHEN THE PARENT IS INCAPABLE OF SELF –CARE~~ ~~AND THE 17~~
264		-	~~COVERED ACTIVE DUTY OR CALL TO ACTIVE DU TY NECESSITATES A CH ANGE; OR 18~~
	400	+	(B) AN EMPLOYEE OF THE DEPARTMENT MAY NOT DI SCLOSE INFORMATION 13
	401	+	RELATING TO AN INDIV IDUAL WHO HAS APPLIE D FOR OR RECEIVED BE NEFITS 14
	402	+	UNDER THIS TITLE . 15
265	403
266		-	(10) BECAUSE OF ANY OTHER ISSUES THAT ARISE OU T OF ACTIVE DUTY 19
267		-	OR A CALL TO ACTIVE DUTY THAT AN EMPLOYE R AND COVERED EMPLOY EE AGREE 20
268		-	SHOULD BE COVERED . 21
	404	+	SUBTITLE 2. SCOPE OF TITLE. 16
269	405
270		-	~~(N) “SECRETARY” MEANS THE SECRETARY OF LABOR~~. 22
	406	+	8.3–201. 17
271	407
272		-	(O) (1) “SERIOUS HEALTH CONDIT ION” MEANS AN ILLNESS , AN INJURY, 23
273		-	AN IMPAIRMENT , OR A PHYSICAL OR MEN TAL CONDITION THAT I NVOLVES: 24
	408	+	(A) (1) A SELF–EMPLOYED I NDIVIDUAL MAY ELECT TO PARTICIPATE IN 18
	409	+	THE PROGRAM BY FILING A W RITTEN NOTICE OF ELE CTION WITH THE SECRETARY 19
	410	+	IN ACCORDANCE WITH R EGULATIONS ADOPTED B Y THE SECRETARY. 20
274	411
275		-	(I) ~~INPATIENT CARE IN A HOSPITAL,~~ ~~HOSPICE, OR RESIDENTIAL 25~~
276		-	~~HEALTH CARE FACILITY ; 26~~
	412	+	(2) AN ELECTION MADE UNDE R PARAGRAPH (1) OF THIS SUBSECTION 21
	413	+	BECOMES EFFECTIVE ON THE DATE THE WRITTEN NOTICE IS FILED. 22
277	414
278		-	(II) CONTINUED TREATMENT BY A LICENSED HEALTH CA RE 27
279		-	PROVIDER; OR 28
	415	+	(B) (1) IF A SELF–EMPLOYED INDIVIDUAL ELECTS TO PARTICIPAT E IN 23
	416	+	THE PROGRAM UNDER SUBSECT ION (A) OF THIS SECTION , THE INDIVIDUAL SHALL 24
	417	+	PARTICIPATE FOR AN I NITIAL PERIOD OF NOT LESS THAN 3 YEARS. 25
280	418
281		-	(III) CONTINUED TREATMENT OR SUPERVISION AT HO ME BY A 29
282		-	LICENSED HEALTH CARE PROVIDER OR OTHER CO MPETENT INDIVIDUAL U NDER THE 30
283		-	SUPERVISION OF A LIC ENSED HEALTH CARE PR OVIDER. 31 HOUSE BILL 496 7
	419	+	(2) ONCE THE INITIAL PART ICIPATION PERIOD EXP IRES, THE 26
	420	+	SELF–EMPLOYED INDIVIDUAL MAY RENEW PARTICIPAT ION IN THE PROGRAM FOR A 27
	421	+	PERIOD OF NOT LESS T HAN 1 YEAR. 28
	422	+
	423	+	(3) IF THE SELF–EMPLOYED INDIVIDUAL DOES NOT WISH TO REN EW 29
	424	+	PARTICIPATION IN THE PROGRAM UNDER PARAGRAPH (2) OF THIS SUBSECTION , 30 10 HOUSE BILL 496
	425	+
	426	+
	427	+	WITHIN 30 DAYS BEFORE THE PART ICIPATION PERIOD EXP IRES, THE 1
	428	+	SELF–EMPLOYED INDIVIDUAL SHALL NOTIFY THE SECRETARY IN WRITING OF THE 2
	429	+	SELF–EMPLOYED INDIVIDUAL ’S WITHDRAWAL FROM TH E PROGRAM. 3
	430	+
	431	+	(C) DURING THE PERIOD A S ELF–EMPLOYED INDIVIDUAL PART ICIPATES IN 4
	432	+	THE PROGRAM, THE SELF–EMPLOYED INDIVIDUAL SHALL PAY THE CONTRI BUTION 5
	433	+	REQUIRED UNDER § 8.3–601 OF THIS TITLE. 6
	434	+
	435	+	8.3–202. 7
	436	+
	437	+	THIS TITLE MAY NOT BE CONSTRUED TO DIMINIS H AN EMPLOYER ’S 8
	438	+	OBLIGATION TO COMPLY WITH A COLLECTIVE BA RGAINING AGREEMENT OR AN 9
	439	+	EMPLOYER POLICY THAT ALLOWS AN EMPLOYEE T O TAKE LEAVE FOR A L ONGER 10
	440	+	PERIOD OF TIME THAN THE EMPLOYEE WOULD B E ABLE TO RECEIVE BE NEFITS 11
	441	+	UNDER THIS TITLE . 12
	442	+
	443	+	8.3–203. 13
	444	+
	445	+	(A) AN EMPLOYEE ’S RIGHT TO BENEFITS UNDER THIS TITLE MAY NOT BE 14
	446	+	DIMINISHED BY A COLLECTIVE BARGAINING AGREEMENT ENTERED INTO OR 15
	447	+	RENEWED OR BY AN EMP LOYER POLICY ADOPTED OR RETAINED ON OR AF TER JUNE 16
	448	+	1, 2021. 17
	449	+
	450	+	(B) AN AGREEMENT TO WAIVE THE EMPLOYEE ’S RIGHTS UNDER THIS TITLE 18
	451	+	IS VOID AS AGAINST P UBLIC POLICY. 19
	452	+
	453	+	SUBTITLE 3. ESTABLISHMENT OF THE DIVISION AND PROGRAM. 20
	454	+
	455	+	8.3–301. 21
	456	+
	457	+	(A) THERE IS A DIVISION OF FAMILY AND MEDICAL LEAVE INSURANCE IN 22
	458	+	THE DEPARTMENT . 23
	459	+
	460	+	(B) THE DIVISION OF FAMILY AND MEDICAL LEAVE INSURANCE SHALL 24
	461	+	PERFORM ANY FUNCTION S THAT THE SECRETARY ASSIGNS TO IT TO CARRY OUT 25
	462	+	THIS TITLE. 26
	463	+
	464	+	(C) (1) (I) IN ACCORDANCE WITH TH E PROVISIONS OF THE STATE 27
	465	+	PERSONNEL AND PENSIONS ARTICLE, THE SECRETARY MAY EMPLOY THE STAFF 28
	466	+	NECESSARY TO CARRY O UT THIS TITLE. 29
	467	+
	468	+	(II) IN ACCORDANCE WITH TH E STATE BUDGET , THE 30
	469	+	SECRETARY MAY SET THE COMPENSATION OF AN EMPLOYEE UNDER TH IS 31
	470	+	SUBSECTION IN A POSI TION THAT: 32 HOUSE BILL 496 11
284	471
285	472
286	473
287		-	(2) “SERIOUS HEALTH CONDITION” INCLUDES AN ILLNESS , AN 1
288		-	INJURY, AN IMPAIRMENT , OR A PHYSICAL OR MEN TAL CONDITION DESCRI BED IN 2
289		-	PARAGRAPH (1) OF THIS SUBSECTION T HAT CONTINUES OVER A N EXTENDED PERIOD 3
290		-	OF TIME AND REQUIRES INTERMITTENT TREATME NT. 4
	474	+	1. IS UNIQUE TO THE DEPARTMENT ; 1
291	475
292		-	~~(P) “SERVICE~~ ~~MEMBER ” MEANS AN INDIVIDUAL WHO IS AN A CTIVE DUTY~~ OR 5
293		-	~~FORMER MEMBER OF : 6~~
	476	+	2. REQUIRES SPECIFIC SK ILLS OR EXPERIENCE T O 2
	477	+	PERFORM THE DUTIES O F THE POSITION; AND 3
294	478
295		-	(1) THE UNITED STATES ARMED FORCES ; 7
	479	+	3. DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 4
	480	+	FUNCTIONS THAT ARE C OMPARABLE TO FUNCTIO NS PERFORMED IN OTHE R UNITS 5
	481	+	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 6
296	482
297		-	(2) A RESERVE COMPONENT OF THE UNITED STATES ARMED FORCES ; 8
298		-	OR 9
	483	+	(III) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 7
	484	+	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 8
	485	+	WHICH THE SECRETARY MAY SET COMPENSATION UND ER SUBPARAGRAPH (II) OF 9
	486	+	THIS PARAGRAPH . 10
299	487
300		-	(3) THE NATIONAL GUARD OF ANY STATE . 10
	488	+	(IV) SUBJECT TO OTHER APPL ICABLE PROVISIONS OF THIS 11
	489	+	TITLE, THE SECRETARY MAY APPOINT EMPLOYEES AND SET TH EIR POWERS AND 12
	490	+	DUTIES AS NECESSARY TO CARRY OUT THIS TI TLE. 13
301	491
302		-	(Q) “TREATMENT” INCLUDES: 11
	492	+	(2) THE SECRETARY SHALL DETERMINE WHETHER AN EMPLOYEE 14
	493	+	WHO HANDLES MONEY FO R THE DEPARTMENT UNDER THIS TITLE SHOULD BE 15
	494	+	COVERED UNDER A BOND . 16
303	495
304		-	(1) EXAMINATIONS OR TEST ING TO DETERMINE THE EXT ENT TO 12
305		-	WHICH A SERIOUS HEAL TH CONDITION EXISTS OR PERSISTS; 13
	496	+	(3) (I) THE SECRETARY SHALL PRINT : 17
306	497
307		-	(2) ONGOING OR PERIODIC EVALUATIONS OF THE S ERIOUS HEALTH 14
308		-	CONDITION; AND 15
	498	+	1. THIS TITLE; 18
309	499
310		-	(3) ACTUAL TREATMENT BY A HEALTH CARE PROVID ER. 16
	500	+	2. EACH ANNUAL REPORT T HAT THE SECRETARY 19
	501	+	SUBMITS TO THE GOVERNOR; AND 20
311	502
312		-	8.3–102. 17
	503	+	3. ANY OTHER MATERIAL T HAT THE SECRETARY 21
	504	+	CONSIDERS RELEVANT A ND SUITABLE. 22
313	505
314		-	(A) ~~(1) THIS SUBSECTION DOES NOT APPL Y TO~~ THE ~~DISCLOSURE OF 18~~
315		-	~~INFORMATION TO~~ : 19
	506	+	(II) ON REQUEST BY ANY PER SON, THE SECRETARY SHALL GIVE 23
	507	+	THE PERSON A COPY OF : 24
316	508
317		-	~~(I) A PUBLIC EMPLOYEE IN THE PERFORMANCE OF T HE PUBLIC 20~~
318		-	~~EMPLOYEE’S OFFICIAL DUTIES~~; 21
	509	+	1. ANY MATERIAL THAT TH E SECRETARY PRINTS UNDE R 25
	510	+	THIS SUBSECTION ; AND 26
319	511
320		-	(II) THE INDIVIDUAL TO WH OM THE INFORMATION R ELATES; OR 22
	512	+	2. THE CURRENT REGULATIONS ADOPTED TO CARRY 27
	513	+	OUT THIS TITLE. 28
321	514
322		-	(III) IF AN AUTHORIZED REP RESENTATIVE HAS THE SIGNED 23
323		-	AUTHORIZATION OF THE INDIVIDUAL TO WHOM THE INFORMATION RELATES, THE 24
324		-	AUTHORIZED REPRESENT ATIVE. 25
325		-
326		-	(2) AN EMPLOYEE OF THE DEPARTMENT MAY NOT DI SCLOSE 26
327		-	INFORMATION RELATING TO AN INDIVIDUAL WHO HAS APPLIED FOR OR R ECEIVED 27
328		-	BENEFITS UNDER THIS TITLE. 28
329		-	8 HOUSE BILL 496
330		-
331		-
332		-	(B) THIS TITLE PREEM PTS THE AUTHORITY OF A LOCAL JURISDICTION TO 1
333		-	ENACT A LAW ON OR AF TER JUNE 1, 2022, THAT ESTABLISHES A P AID FAMILY AND 2
334		-	MEDICAL LEAVE INSURA NCE PROGRAM FOR EMPL OYEES OF AN EMPLOYER OTHER 3
335		-	THAN THE LOCAL JURIS DICTION. 4
336		-
337		-	SUBTITLE 2. SCOPE OF TITLE. 5
338		-
339		-	8.3–201. 6
340		-
341		-	(A) IN THIS SECTION , “SELF–EMPLOYED INDIVIDUAL ” INCLUDES AN 7
342		-	INDIVIDUAL THAT : 8
343		-
344		-	(1) IS THE SOLE OWNER OF A SOLE PROPRIETORSHI P, LIMITED 9
345		-	LIABILITY COMPANY , C CORPORATION , OR S CORPORATION ; AND 10
346		-
347		-	(2) IS THE ONLY INDIVIDU AL EMPLOYED BY THE S OLE 11
348		-	PROPRIETORSHI P, LIMITED LIABILITY CO MPANY, C CORPORATION , OR S 12
349		-	CORPORATION . 13
350		-
351		-	(B) (1) A SELF–EMPLOYED INDIVIDUAL MAY ELECT TO PARTICI PATE IN 14
352		-	THE PROGRAM BY FILING A W RITTEN NOTICE OF ELE CTION WITH THE SECRETARY IN 15
353		-	ACCORDANCE WITH REGU LATIONS ADOPTED BY T HE SECRETARY. 16
354		-
355		-	(2) AN ELECTION MADE UNDE R PARAGRAPH (1) OF THIS SUBSECTION 17
356		-	BECOMES EFFECTIVE ON THE DATE THE WRITTEN NOTICE IS FILED. 18
357		-
358		-	(C) (1) IF A SELF–EMPLOYED INDIVIDUAL ELECTS TO PARTICIPAT E IN 19
359		-	THE PROGRAM UNDER SUBSECT ION (B) OF THIS SECTION , THE INDIVIDUAL SHALL 20
360		-	PARTICIPATE FOR AN I NITIAL PERIOD OF NOT LESS THAN 3 YEARS. 21
361		-
362		-	(2) ONCE THE INITIAL PART ICIPATION PERIOD EXP IRES, THE 22
363		-	SELF–EMPLOYED INDIVIDUAL MAY RENEW PARTICIPAT ION IN THE PROGRAM FOR A 23
364		-	PERIOD OF NOT LESS T HAN 1 YEAR. 24
365		-
366		-	(3) IF THE SELF–EMPLOYED INDIVIDUAL DOES NOT WISH TO REN EW 25
367		-	PARTICIPATION IN THE PROGRAM UNDER PARAGRA PH (2) OF THIS SUBSECTION , 26
368		-	WITHIN 30 DAYS BEFORE THE PART ICIPATION PERIOD EXP IRES, THE 27
369		-	SELF–EMPLOYED INDIVIDUAL SHALL NOTIFY THE SECRETARY IN WRITING OF THE 28
370		-	SELF–EMPLOYED INDIVIDUAL ’S WITHDRAWAL FROM TH E PROGRAM. 29
371		-
372		-	(D) DURING THE PERIOD A S ELF–EMPLOYED INDIVIDUAL PARTICIPATES IN 30
373		-	THE PROGRAM, THE SELF–EMPLOYED INDIVIDUAL SHALL PAY THE CONTRI BUTION 31
374		-	REQUIRED UNDER § 8.3–601 OF THIS TITLE. 32
375		-	HOUSE BILL 496 9
376		-
377		-
378		-	8.3–202. 1
379		-
380		-	THIS TITLE M AY NOT BE CONSTRUED TO DIMINISH AN EMPLO YER’S 2
381		-	OBLIGATION TO COMPLY WITH A COLLECTIVE BA RGAINING AGREEMENT O R AN 3
382		-	EMPLOYER POLICY THAT ALLOWS AN EMPLOYEE T O TAKE LEAVE FOR A L ONGER 4
383		-	PERIOD OF TIME THAN THE EMPLOYEE WOULD B E ABLE TO RECEIVE BE NEFITS 5
384		-	UNDER THIS TITLE. 6
385		-
386		-	8.3–203. 7
387		-
388		-	(A) AN EMPLOYEE’S RIGHT TO BENEFITS UNDER THIS TITLE MAY NOT BE 8
389		-	DIMINISHED BY A COLL ECTIVE BARGAINING AG REEMENT OR BY AN EMP LOYER 9
390		-	POLICY. 10
391		-
392		-	(B) AN AGREEMENT TO WAIVE THE EMPLOYEE ’S RIGHTS UNDER THIS TITLE 11
393		-	IS VOID AS AGAINST P UBLIC POLICY. 12
394		-
395		-	SUBTITLE 3. ESTABLISHMENT OF PROGRAM. 13
396		-
397		-	8.3–301. 14
398		-
399		-	THERE IS A FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM IN THE 15
400		-	DEPARTMENT . 16
401		-
402		-	8.3–302. 17
403		-
404		-	THE PURPOSE OF THE PROGRAM IS TO PROVIDE TEMPORARY BENEFITS T O A 18
405		-	COVERED INDIVIDUAL W HO IS TAKING LEAVE F ROM EMPLOYMENT : 19
406		-
407		-	(1) TO CARE FOR A CHILD DURING THE FIRST YEA R AFTER THE 20
408		-	CHILD’S BIRTH OR AFTER THE PLACEMENT OF THE CHI LD THROUGH FOSTER CA RE, 21
409		-	KINSHIP CARE, OR ADOPTION; 22
410		-
411		-	(2) TO CARE FOR A FAMILY MEMBER WITH A SERIOU S HEALTH 23
412		-	CONDITION; 24
413		-
414		-	(3) BECAUSE THE COVERED INDIVIDUAL H AS A SERIOUS HEALTH 25
415		-	CONDITION THAT RESUL TS IN THE COVERED IN DIVIDUAL BEING UNABL E TO 26
416		-	PERFORM THE FUNCTION S OF THE COVERED IND IVIDUAL’S POSITION; 27
417		-
418		-	(4) TO CARE FOR A SERVIC E MEMBER WHO IS THE COVERED 28
419		-	INDIVIDUAL’S NEXT OF KIN; OR 29
420		-	10 HOUSE BILL 496
421		-
422		-
423		-	(5) BECAUSE THE COVERED INDIVIDUAL HAS A QUA LIFYING EXIGENCY 1
424		-	ARISING OUT OF THE D EPLOYMENT OF A SERVI CE MEMBER WHO IS A F AMILY MEMBER 2
425		-	OF THE COVERED INDIV IDUAL. 3
426		-
427		-	SUBTITLE 4. ADMINISTRATION . 4
428		-
429		-	8.3–401. 5
430		-
431		-	THIS TITLE SHALL BE A DMINISTERED UNDER TH E SUPERVISION OF THE 6
432		-	SECRETARY. 7
433		-
434		-	8.3–402. 8
435		-
436		-	THE SECRETARY MAY DELEGAT E TO AN EMPLOYEE OF THE DEPARTMENT ANY 9
437		-	POWER OR DUTY THAT I S REASONABLE AND PRO PER FOR THE ADMINIST RATION OF 10
438		-	THIS TITLE. 11
439		-
440		-	8.3–403. 12
441		-
442		-	(A) THE SECRETARY, IN CONSULTATION WITH OTHER STATE AGENCIES AND 13
443		-	RELEVANT STAKEHOLDERS , SHALL: 14
444		-
445		-	(1) SUBJECT TO SUBSECTIO N (B) OF THIS SECTION , ADOPT 15
446		-	REGULATIONS NECESSAR Y TO CARRY OUT THIS TITLE; 16
447		-
448		-	(2) ESTABLISH PROCEDURES AND FORMS FOR FILING CLAIMS FOR 17
449		-	BENEFITS, INCLUDING: 18
450		-
451		-	(I) PROCEDURES FOR NOTIF YING AN EMPLOYER WITHIN 5 19
452		-	BUSINESS DAYS AFTER AN EMPLOYEE OF THE E MPLOYER FILES A CLAI M FOR 20
453		-	BENEFITS UNDER THIS TITLE; AND 21
454		-
455		-	(II) NOTICES OF ELECTIONS BY SELF–EMPLOYED INDIVIDUALS 22
456		-	FOR BENEFITS UNDER § 8.3–201 OF THIS TITLE; 23
457		-
458		-	(3) USE INFORMATION –SHARING AND INTEGRAT ION TECHNOLOGY TO 24
459		-	FACILITATE THE DISCL OSURE OF RELEVANT IN FORMATION OR RECORDS NEEDED 25
460		-	FOR THE ADMINISTRATI ON OF THIS TITLE; AND 26
461		-
462		-	(4) SUBJECT TO SUBSECTIO N (D) OF THIS SECTION , CARRY OUT A 27
463		-	PUBLIC EDUCATION PRO GRAM. 28
464		-
465		-	(B) THE REGULATIONS ADOPT ED UNDER SUBSECTI ON (A)(1) OF THIS 29
466		-	SECTION SHALL BE CON SISTENT WITH REGULAT IONS ADOPTED TO IMPL EMENT THE 30 HOUSE BILL 496 11
467		-
468		-
469		-	FEDERAL FAMILY AND MEDICAL LEAVE ACT AND ANY RELEVANT STATE LAWS TO 1
470		-	THE EXTENT THAT THE ADOPTED REGULATIONS DO NOT CONFLICT WITH THIS TITLE. 2
471		-
472		-	(C) (1) SUBJECT TO PARAGR APH (2) OF THIS SUBSECTION , A COVERED 3
473		-	INDIVIDUAL UNDER § 8.3–302(2), (3), (4), OR (5) OF THIS TITLE SHALL PROVIDE 4
474		-	CERTIFICATION FOR A CLAIM FOR BENEFITS U NDER THIS TITLE. 5
475		-
476		-	(2) A CERTIFICATION FOR A CLAIM FOR BENEFITS F OR A COVERED 6
477		-	INDIVIDUAL UNDER § 8.3–302(2), (3), OR (4) OF THIS TITLE SHALL INCLUDE: 7
478		-
479		-	(I) THE DATE ON WHICH TH E SERIOUS HEALTH CON DITION OF 8
480		-	THE FAMILY MEMBER , COVERED INDIVIDUAL , OR SERVICE MEMBER CO MMENCED; 9
481		-
482		-	(II) THE PROBABLE DURATIO N OF THE SERIOUS HEA LTH 10
483		-	CONDITION; 11
484		-
485		-	(III) THE APP ROPRIATE FACTS RELAT ED TO THE SERIOUS 12
486		-	HEALTH CONDITION WIT HIN THE KNOWLEDGE OF THE LICENSED HEALTH CARE 13
487		-	PROVIDER; 14
488		-
489		-	(IV) 1. FOR A CLAIM FOR BENE FITS UNDER § 8.3–302(2) OF 15
490		-	THIS TITLE, A STATEMENT THAT THE COVERED INDIVIDUAL N EEDS TO CARE FOR A 16
491		-	FAMILY MEMB ER AND AN ESTIMATE O F THE AMOUNT OF TIME REQUIRED TO PROVIDE 17
492		-	THE CARE; OR 18
493		-
494		-	2. FOR A CLAIM FOR BENE FITS UNDER § 8.3–302(3) OF 19
495		-	THIS TITLE, A STATEMENT THAT THE COVERED INDIVIDUAL I S UNABLE TO PERFORM 20
496		-	THE FUNCTIONS OF THE COVERED INDIVIDUAL ’S POSITION; AND 21
497		-
498		-	(V) 1. FOR A CERTIFICATION FOR INTERMITTENT LEA VE 22
499		-	UNDER § 8.3–302(2) OR (4) OF THIS TITLE, A STATEMENT THAT THE COVERED 23
500		-	INDIVIDUAL NEEDS TO CARE FOR A FAMILY ME MBER OR SERVICE MEMB ER AND THE 24
501		-	EXPECTED DURATION OF THE INTERMITTENT LEA VE; OR 25
502		-
503		-	2. FOR A CERTIFICATION OF I NTERMITTENT LEAVE 26
504		-	UNDER § 8.3–302(3) OF THIS TITLE, A STATEMENT THAT THE COVERED INDIVIDUAL 27
505		-	IS UNABLE TO PERFORM THE FUNCTIONS OF THE COVERED INDIVIDUAL ’S POSITION 28
506		-	AND THE EXPECTED DUR ATION OF THE INTERMI TTENT LEAVE. 29
507		-
508		-	(3) THE SECRETARY SHALL ESTABLISH : 30
509		-
510		-	(I) STANDARDS IN REGULAT ION FOR THE CERTIFIC ATION OF 31
511		-	CLAIMS FOR BENEFITS UNDER § 8.3–302(5) OF THIS TITLE; 32
	515	+	8.3–302. 29
512	516		12 HOUSE BILL 496
513	517
514	518
515		-	(II) STANDARDS FOR VERIFY ING THE IDENTITY OF A FAMILY 1
516		-	MEMBER FOR A CLAIM F OR BENEFITS UNDER § 8.3–302(2) OF THIS TITLE; AND 2
	519	+	(A) THERE IS A FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. 1
517	520
518		-	(~~III~~) ~~PROCEDURES FOR AN EM PLOYER~~ TO PROVIDE ~~EV IDENCE OF 3~~
519		-	~~SUSPECTED FRAUD~~ TO ~~T HE SECRETARY.~~ 4
	521	+	(B) THE PURPOSE OF THE PROGRAM IS TO PROVIDE TEMPORARY BENEFITS 2
	522	+	TO A COVERED INDIVID UAL WHO IS TAKING LE AVE FROM EMPLOYMENT : 3
520	523
521		-	~~(D)~~ (1) ~~THE SECRETARY MAY USE~~ A ~~P ORTION OF~~ THE ~~FUNDS PAID UNDER 5~~
522		-	~~§ 8.3–601~~ OF ~~THIS TITLE OR OTH ER AVAILABLE FUNDING TO PAY FOR AND CARRY 6~~
523		-	~~OUT THE REQUIREMENTS UNDER SUBSECTION (A)(4) OF THIS SECTION. 7~~
	524	+	(1) TO CARE FOR A CHILD DURING THE FIRST YEAR AFTER THE 4
	525	+	CHILD’S BIRTH OR AFTER THE PLACEMENT OF THE CHI LD THROUGH FOSTER CA RE, 5
	526	+	KINSHIP CARE, OR ADOPTION; 6
524	527
525		-	(2) MATERIALS USED IN THE PUBLIC EDUCATION PRO GRAM 8
526		-	REQUIRED UNDER SUBSE CTION (A)(4) OF THIS SECTION SHAL L BE MADE AVAILABLE 9
527		-	IN ENGLISH AND SPANISH. 10
	528	+	(2) TO CARE FOR A FAMILY MEMBER WITH A SERIOU S HEALTH 7
	529	+	CONDITION; 8
528	530
529		-	8.3–404. 11
	531	+	(3) BECAUSE THE COVERED INDIVIDUAL HAS A SERIOUS HEALTH 9
	532	+	CONDITION THAT RESUL TS IN THE COVERED IN DIVIDUAL BEING UNABL E TO 10
	533	+	PERFORM THE FUNCTION S OF THE COVERED IND IVIDUAL’S POSITION; 11
530	534
531		-	(A) ~~SUBJECT~~ TO ~~§ 8.3–905 OF THIS TITLE,~~ ~~TO ENFORCE THIS TITLE,~~ THE 12
532		-	~~SECRETARY MAY :~~ 13
	535	+	(4) TO CARE FOR A SERVIC E MEMBER WHO IS THE COVERED 12
	536	+	INDIVIDUAL’S NEXT OF KIN; OR 13
533	537
534		-	(1) CONDUCT AN INVESTIGA TION UNDER THIS TITL E, ON THE 14
535		-	SECRETARY’S OWN INITIATIVE OR ON RECEIPT OF A WRIT TEN COMPLAINT ; 15
	538	+	(5) BECAUSE THE COVERED INDIVIDUAL HAS A QUALIFYI NG 14
	539	+	EXIGENCY ARISING OUT OF THE DEPLOYMENT OF A SERVICE MEMBER WHO IS A 15
	540	+	FAMILY MEMBER OF THE COVERED INDIVIDUAL . 16
536	541
537		-	~~(2) ADMINISTER AN OATH ; 16~~
	542	+	SUBTITLE 4. ADMINISTRATION . 17
538	543
539		-	~~(3) CERTIFY TO AN OFFICI AL ACT; 17~~
	544	+	8.3–401. 18
540	545
541		-	(4) TAKE A DEPOSITION ; 18
	546	+	THIS TITLE SHALL BE A DMINISTERED UNDER TH E SUPERVISION OF THE 19
	547	+	SECRETARY BY THE DIVISION OF FAMILY AND MEDICAL LEAVE INSURANCE 20
	548	+	ESTABLISHED UNDER § 8.3–301 OF THIS TITLE. 21
542	549
543		-	(5) ISSUE A SUBPOENA FOR THE ATT ENDANCE OF A WITNESS TO 19
544		-	TESTIFY OR THE PRODU CTION OF BOOKS , CORRESPONDENCE , MEMORANDA , 20
545		-	PAPERS, OR OTHER RECORDS ; AND 21
	550	+	8.3–402. 22
546	551
547		-	(6) BRING A CIVIL ACTION IN THE COUNTY WHERE THE VIOLATION 22
548		-	ALLEGEDLY OCCURRED . 23
	552	+	THE SECRETARY MAY DELEGAT E TO AN EMPLOYEE OF THE DEPARTMENT ANY 23
	553	+	POWER OR DUTY THAT I S REASONABLE AND PRO PER FOR THE ADMINIST RATION OF 24
	554	+	THIS TITLE. 25
549	555
550		-	(B) (1) A SUBPOENA ISSUED UNDE R SUBSECTION (A)(5) OF THIS SECTION 24
551		-	SHALL BE SERVED IN A NY MANNER IN WHICH A SUBPOENA OF A COURT MAY BE 25
552		-	SERVED. 26
	556	+	8.3–403. 26
553	557
554		-	(2) IF A PERSON FAILS TO COMPLY WITH A SUBPOE NA ISSUED UNDER 27
555		-	SUBSECTION (A)(5) OF THIS SECTION ON A COMPLAINT FILED BY T HE SECRETARY, 28
556		-	THE CIRCUIT COURT FOR THE COUNTY WHERE THE INVESTIGAT ION IS BEING 29
557		-	CONDUCTED OR WHERE T HE PERSON RESIDES , IS PRESENT, OR TRANSACTS 30 HOUSE BILL 496 13
	558	+	(A) THE SECRETARY SHALL : 27
	559	+
	560	+	(1) SUBJECT TO SUBSECTIO N (B) OF THIS SECTION , ADOPT 28
	561	+	REGULATIONS NECESSAR Y TO CARRY OUT THIS TITLE; 29
	562	+	HOUSE BILL 496 13
558	563
559	564
560		-	~~BUSINESS MAY ISSUE A N ORDER DIRECTING CO MPLIANCE WITH THE SU BPOENA OR~~ 1
561		-	~~COMPELLING TESTIMONY .~~ 2
	565	+	(2) ESTABLISH PROCEDURES AND FORMS FOR FILING CLAIMS FOR 1
	566	+	BENEFITS, INCLUDING: 2
562	567
563		-	(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 3
564		-	PERSON MAY NOT BE EX CUSED FROM COMPLYING WITH A SUBPOENA ISSU ED UNDER 4
565		-	SUBSECTION (A)(5) OF THIS SECTION ON T HE GROUND THAT THE E VIDENCE OR 5
566		-	TESTIMONY REQUIRED M AY TEND TO INCRIMINA TE THE PERSON OR SUB JECT THE 6
567		-	PERSON TO A FORFEITU RE OR PENALTY. 7
	568	+	(I) PROCEDURES FOR NOTIF YING AN EMPLOYER WI THIN 5 3
	569	+	BUSINESS DAYS AFTER AN EMPLOYEE OF THE E MPLOYER FILES A CLAI M FOR 4
	570	+	BENEFITS UNDER THIS TITLE; AND 5
568	571
569		-	(II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 8
570		-	THIS SUBPARAGRAPH , AFTER CLAIMING THE P RIVILEGE AGAINST 9
571		-	SELF–INCRIMINATION , A PERSON MAY NOT BE PROSECUTED OR SUBJEC TED TO ANY 10
572		-	FORFEITURE OR PENALT Y BECAUSE OF ANY MAT TER, THING, OR TRANSACTION 11
573		-	ABOUT WHICH THE PERSON I S COMPELLED TO PRODU CE EVIDENCE OR TESTI FY. 12
	572	+	(II) NOTICES OF ELECTIONS BY SELF–EMPLOYED INDIVIDUALS 6
	573	+	FOR BENEFITS UNDER § 8.3–201 OF THIS TITLE; 7
574	574
575		-	2. IF THE PERSON COMMITS PERJURY WHILE GIVING 13
576		-	TESTIMONY, THE PERSON IS SUBJEC T TO PROSECUTION FOR THAT OFFENSE . 14
	575	+	(3) USE INFORMATION –SHARING AND INTEGRAT ION TECHNOLOGY TO 8
	576	+	FACILITATE THE DISCL OSURE OF RELEVANT IN FORMATION OR RECORDS NEEDED 9
	577	+	FOR THE ADMINISTRATI ON OF THIS TITLE; AND 10
577	578
578		-	8.3–405. 15
	579	+	(4) SUBJECT TO SUBSECTIO N (D) OF THIS SECTION , CARRY OUT A 11
	580	+	PUBLIC EDUCATION PRO GRAM. 12
579	581
580		-	SUBJECT TO § 8.3–905 OF THIS TITLE, IN A CIVIL ACTION TO EN FORCE THIS 16
581		-	TITLE, THE SECRETARY AND THE STATE MAY BE REPRESEN TED BY: 17
	582	+	(B) THE REGULATIONS ADOPT ED UNDER SUBSECTION (A)(1) OF THIS 13
	583	+	SECTION SHALL BE CON SISTENT WITH REGULAT IONS ADOPTED TO IMPL EMENT THE 14
	584	+	FEDERAL FAMILY AND MEDICAL LEAVE ACT AND ANY RELEVANT STATE LAWS TO 15
	585	+	THE EXTENT THAT THE ADOPTED REGULATIONS DO NOT CONFLICT WITH THIS 16
	586	+	TITLE. 17
582	587
583		-	(1) THE ATTORNEY GENERAL; OR 18
	588	+	(C) (1) SUBJECT TO PARAGRAP H (2) OF THIS SUBSECTION , A COVERED 18
	589	+	INDIVIDUAL UNDER § 8.3–302(B)(2), (3), (4), OR (5) OF THIS TITLE SHALL PROVIDE 19
	590	+	CERTIFICATION FOR A CLAIM FOR BENEFITS U NDER THIS TITLE. 20
584	591
585		-	(2) ANY QUALIFIED ATTORN EY WHO: 19
	592	+	(2) A CERTIFICATION FOR A CLAIM FOR BENEFITS F OR A COVERED 21
	593	+	INDIVIDUAL UNDER § 8.3–302(B)(2), (3), OR (4) OF THIS TITLE SHALL INCLUDE: 22
586	594
587		-	(I) IS A SALARIED EMPLOY EE OF THE SECRETARY; AND 20
	595	+	(I) THE DATE ON WHICH TH E SERIOUS HEALTH CON DITION OF 23
	596	+	THE FAMILY MEMBER , COVERED INDIVIDUAL , OR SERVICE MEMBER CO MMENCED; 24
588	597
589		-	(II) ON RECOMMENDATION OF THE ATTORNEY GENERAL, IS 21
590		-	DESIGNATED TO REPRESENT THE SECRETARY OR THE BOARD OF APPEALS AND THE 22
591		-	STATE. 23
	598	+	(II) THE PROBABLE DURATIO N OF THE SERIOUS HEA LTH 25
	599	+	CONDITION; 26
592	600
593		-	8.3–406. 24
	601	+	(III) THE APPROPRIATE FACTS RE LATED TO THE SERIOUS 27
	602	+	HEALTH CONDITION WIT HIN THE KNOWLEDGE OF THE LICENSED HEALTH CARE 28
	603	+	PROVIDER; 29
594	604
595		-	(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, THE SECRETARY SHALL 25
596		-	SUBMIT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 26
597		-	GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY AN ANNUAL REPORT ON THE 27
598		-	ADMINISTRATION AND O PERATION OF THIS TIT LE DURING THE IMMEDI ATELY 28
599		-	PRECEDING FISCAL YEA R. 29
600		-
601		-	(B) THE ANNUAL REPORT SHA LL INCLUDE INFORMATI ON REGARDING : 30
602		-
603		-	(1) PROJECTED AND ACTUAL PROGRAM PARTICIPATION RATES; 31 14 HOUSE BILL 496
	605	+	(IV) 1. FOR A CLAIM FOR BENE FITS UNDER § 8.3–302(B)(2) 30
	606	+	OF THIS TITLE, A STATEMENT THAT THE COVERED INDIVIDUAL N EEDS TO CARE FOR 31
	607	+	A FAMILY MEMBER AND AN ESTIMATE OF THE AMOU NT OF TIME REQUIRED TO 32
	608	+	PROVIDE THE CARE ; OR 33 14 HOUSE BILL 496
604	609
605	610
606	611
607		-	(2) CONTRIBUTION RATES ; 1
	612	+	2. FOR A CLAIM FOR BENE FITS UNDER § 8.3–302(B)(3) 1
	613	+	OF THIS TITLE, A STATEMENT THAT THE COVERED INDIVIDUAL I S UNABLE TO 2
	614	+	PERFORM THE FUNCTION S OF THE COVERED IND IVIDUAL’S POSITION; AND 3
608	615
609		-	(3) PROJECTED AND ACTUAL FUND BALANCES ; 2
	616	+	(V) FOR A CERTIFICATION FOR INTERMITTENT LEA VE, THE 4
	617	+	EXPECTED DATES AND D URATION OF THE LEAVE . 5
610	618
611		-	(4) PUBLIC OUTREACH AND TECHNICAL ASSISTANCE EFFORTS; 3
	619	+	(3) THE SECRETARY SHALL ESTAB LISH STANDARDS IN RE GULATION 6
	620	+	FOR THE CERTIFICATIO N OF CLAIMS FOR BENE FITS UNDER § 8.3–302(B)(5) OF THIS 7
	621	+	TITLE. 8
612	622
613		-	(5) ALL ENFORCEMENT EFFO RTS; 4
	623	+	(D) (1) THE SECRETARY MAY USE A P ORTION OF THE FUNDS PAID UNDER 9
	624	+	§ 8.3–601 OF THIS TITLE OR OTH ER AVAILABLE FUNDING TO PAY FOR AND CARRY 10
	625	+	OUT THE REQUIREMENTS UNDER SUBSECTION (A)(4) OF THIS SECTION. 11
614	626
615		-	(6) THE NUMBER AND STATU S OF COMPLAINTS UNDE R SUBTITLE 9 OF 5
616		-	THIS TITLE; 6
	627	+	(2) MATERIALS USED IN THE PUBLIC EDUCATION PRO GRAM 12
	628	+	REQUIRED UNDER SUBSEC TION (A)(4) OF THIS SECTION SHAL L BE MADE AVAILABLE 13
	629	+	IN ENGLISH AND SPANISH. 14
617	630
618		-	(7) THE COSTS OF ADMINIS TERING THE PROGRAM ATTRIBUTABLE TO 7
619		-	EACH OF THE FOLLOWIN G: 8
	631	+	8.3–404. 15
620	632
621		-	(I) ~~EMPLOYERS; 9~~
	633	+	(A) TO ENFORCE THIS TITLE , THE SECRETARY MAY : 16
622	634
623		-	(II) EMPLOYEES OF EMPLOYE RS; 10
	635	+	(1) CONDUCT AN INVESTIGA TION UNDER THIS TITL E, ON THE 17
	636	+	SECRETARY’S OWN INITIATIVE OR ON RECEIPT OF A WRITTEN COMPLAINT ; 18
624	637
625		-	(~~III~~) ~~SELF–EMPLOYED INDIVIDUALS~~ ; ~~AND 11~~
	638	+	(2) ADMINISTER AN OATH ; 19
626	639
627		-	(IV) ~~THE STATE~~; 12
	640	+	(3) CERTIFY TO AN OFFICI AL ACT; 20
628	641
629		-	(8) THE STATE AGENCIES AND RE LEVANT STAKEHOLDERS THAT WERE 13
630		-	CONSULTED AS REQUIRE D UNDER THIS TITLE ; AND 14
	642	+	(4) TAKE A DEPOSITION ; 21
631	643
632		-	(9) THE CAPABILITY AND C APACITY OF THE DEPARTMENT TO 15
633		-	ADMINISTER THE PROGRAM AS COMPARED T O THE FINDINGS AND 16
634		-	RECOMMENDATIONS OF T HE CAPABILITY AND CA PACITY STUDY COMPLET ED UNDER 17
635		-	§ 5 OF CHAPTER _____ (H.B. 496) OF THE ACTS OF THE GENERAL ASSEMBLY OF 18
636		-	2022. 19
	644	+	(5) ISSUE A SUBPOENA FOR THE ATTENDANCE OF A WITNESS TO 22
	645	+	TESTIFY OR THE PRODU CTION OF BOOKS , CORRESPONDENCE , MEMORANDA , 23
	646	+	PAPERS, OR OTHER RECORDS ; AND 24
637	647
638		-	SUBTITLE 5. THE FAMILY AND MEDICAL LEAVE INSURANCE FUND. 20
	648	+	(6) BRING A CIVIL ACTION IN THE COUNTY WHERE THE VIOLATION 25
	649	+	ALLEGEDLY OCCURRED . 26
639	650
640		-	8.3–501. 21
641		-
642		-	THERE IS A FAMILY AND MEDICAL LEAVE INSURANCE FUND. 22
643		-
644		-	8.3–502. 23
645		-
646		-	(A) THE SECRETARY SHALL ADMIN ISTER THE FUND. 24
647		-
648		-	(B) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT SUBJECT TO § 25
649		-	7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 26
	651	+	(B) (1) A SUBPOENA ISSUED UNDE R SUBSECTION (A)(5) OF THIS SECTION 27
	652	+	SHALL BE SERVED IN A NY MANNER IN WHICH A SUBPOENA OF A COURT MAY BE 28
	653	+	SERVED. 29
650	654		HOUSE BILL 496 15
651	655
652	656
653		-	(C) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , AND THE 1
654		-	COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2
	657	+	(2) IF A PERSON FAILS TO COMPLY WITH A SUB POENA ISSUED UNDER 1
	658	+	SUBSECTION (A)(5) OF THIS SECTION ON A COMPLAINT FILED BY T HE SECRETARY, 2
	659	+	THE CIRCUIT COURT FO R THE COUNTY WHERE T HE INVESTIGATION IS BEING 3
	660	+	CONDUCTED OR WHERE T HE PERSON RESIDES , IS PRESENT, OR TRANSACTS 4
	661	+	BUSINESS MAY I SSUE AN ORDER DIRECT ING COMPLIANCE WITH THE SUBPOENA OR 5
	662	+	COMPELLING TESTIMONY . 6
655	663
656		-	8.3–503. 3
	664	+	(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 7
	665	+	PERSON MAY NOT BE EX CUSED FROM COMPLYING WITH A SUBPOENA ISSU ED UNDER 8
	666	+	SUBSECTION (A)(5) OF THIS SECTION ON T HE GROUND THAT THE EVIDENCE OR 9
	667	+	TESTIMONY REQUIRED M AY TEND TO INCRIMINA TE THE PERSON OR SUB JECT THE 10
	668	+	PERSON TO A FORFEITU RE OR PENALTY . 11
657	669
658		-	(A) THE FUND CONSISTS OF : 4
	670	+	(II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 12
	671	+	THIS SUBPARAGRAPH , AFTER CLAIMING THE P RIVILEGE AGAINST 13
	672	+	SELF–INCRIMINATION , A PERSON MAY NOT BE PROSECUTED OR SUBJEC TED TO ANY 14
	673	+	FORFEITURE OR PENALT Y BECAUSE OF ANY MAT TER, THING, OR TRANSACTION 15
	674	+	ABOUT WHICH THE PERS ON IS COMPELLED TO P RODUCE EVIDENCE OR T ESTIFY. 16
659	675
660		-	(1) EMPLOYEE CONTRIBUTIO NS; 5
	676	+	2. IF THE PERSON COMMITS PERJURY WHILE GIVING 17
	677	+	TESTIMONY, THE PERSON IS SUBJECT TO PROSECUTION FOR THAT OFFENSE. 18
661	678
662		-	~~(2) SELF–EMPLOYED INDIVIDUAL CONTRIBUT IONS; 6~~
	679	+	8.3–405. 19
663	680
664		-	(3) EMPLOYER CONTRIBUTIO NS; 7
	681	+	IN A CIVIL ACTION TO ENFORCE THIS TITLE , THE SECRETARY AND THE STATE 20
	682	+	MAY BE REPRESENTED B Y: 21
665	683
666		-	(4) MONEY PAID TO THE FUND FOR THE PURPOSE OF REIMBURSING 8
667		-	THE SECRETARY UNDER § 8.3–902 OF THIS TITLE FOR BE NEFITS PAID IN ERROR ; 9
	684	+	(1) THE ATTORNEY GENERAL; OR 22
668	685
669		-	(5) ~~INTEREST EARNED ON M ONEY IN THE FUND; AND 10~~
	686	+	(2) ANY QUALIFIED ATTORN EY WHO: 23
670	687
671		-	(6) ~~MONEY RECEIVED FOR~~ THE ~~FUND FROM ANY OTHER S OURCE. 11~~
	688	+	(I) IS A SALARIED EMPLOY EE OF THE SECRETARY; AND 24
672	689
673		-	(B) MONEY IN THE FUND MAY BE COMMINGLE D. 12
	690	+	(II) ON RECOMMENDATION OF THE ATTORNEY GENERAL, IS 25
	691	+	DESIGNATED TO REPRES ENT THE SECRETARY OR THE BOARD OF APPEALS AND THE 26
	692	+	STATE. 27
674	693
675		-	~~(C) THE FUND MAY BE USED ONLY FOR THE PURPOSES OF THIS TITLE~~. 13
	694	+	8.3–406. 28
676	695
677		-	8.3–504. 14
678		-
679		-	(A) (1) THE STATE TREASURER IS CUSTODIA N OF THE FUND. 15
680		-
681		-	(2) THE STATE TREASURER SHALL MANAG E THE FUND IN 16
682		-	ACCORDANCE WITH REGU LATIONS THAT THE SECRETARY ADOPTS . 17
683		-
684		-	(B) UNDER THE DIRECTION O F THE SECRETARY, THE STATE TREASURER 18
685		-	SHALL ESTABLISH THE FUND ACCOUNT IN ANY F INANCIAL INSTITUTION IN WHICH 19
686		-	THE GENERAL FUND OF THE STATE MAY BE DEPOSITE D. 20
687		-
688		-	(C) ON RECEIPT OF ANY MON EY PAYABLE TO THE FUND, THE SECRETARY 21
689		-	SHALL ENSURE IMMEDIA TE DEPOSIT OF THE MO NEY INTO THE FUND ACCOUNT AS 22
690		-	REQUIRED BY THE STATE TREASURER. 23
691		-
692		-	(D) IN ACCORDANCE WITH RE GULATIONS THAT THE SECRETARY ADOPTS , 24
693		-	MONEY IN THE FUND ACCOUNT : 25
694		-
695		-	(1) SHALL BE USED TO PAY BENEFITS UNDER THIS TITLE; AND 26
696		-	16 HOUSE BILL 496
	696	+	(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, THE SECRETARY SHALL 29
	697	+	SUBMIT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 30
	698	+	GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY AN ANNUAL RE PORT ON THE 31
	699	+	ADMINISTRATION AND O PERATION OF THIS TIT LE DURING THE IMMEDI ATELY 32
	700	+	PRECEDING FISCAL YEA R. 33 16 HOUSE BILL 496
697	701
698	702
699		-	(2) MAY BE USED TO PAY F OR: 1
700	703
701		-	(I) THE ~~PUBLIC EDUCATION PROGRAM;~~ ~~AND 2~~
	704	+	(B) THE ANNUAL REPORT SHA LL INCLUDE INFORMATI ON REGARDING : 1
702	705
703		-	(II) ANY COSTS ASSOCIATED WITH THE INITIAL 3
704		-	IMPLEMENTATION AND O NGOING ADMINISTRATIO N OF THIS TITLE. 4
	706	+	(1) PROJECTED AND ACTUAL PROGRAM PARTICIPATION RATES; 2
705	707
706		-	8.3~~–505. 5~~
	708	+	(2) CONTRIBUTION RATES ; 3
707	709
708		-	A CHECK THAT THE STATE TREASURER ISSUES TO P AY BENEFITS OR REFUN DS 6
709		-	SHALL: 7
	710	+	(3) PROJECTED AND ACTUAL FUND BALANCES ; 4
710	711
711		-	(1) ~~BE ISSUED ONLY ON A WARRANT SIGNED BY TH E SECRETARY~~; 8
	712	+	(4) PUBLIC OUTREACH AND TECHNICAL ASSISTANCE EFFORTS; 5
712	713
713		-	(2) ~~BEAR THE SIGNATURE O F THE STATE TREASURER~~; ~~AND 9~~
	714	+	(5) ALL ENFORCEMENT EFFO RTS; 6
714	715
715		-	(3) BE COUNTERSIGNED BY AN AUTHORIZED AGENT . 10
	716	+	(6) THE NUMBER AND STATU S OF COMPLAINTS UNDER SUBTITLE 9 OF 7
	717	+	THIS TITLE; AND 8
716	718
717		-	~~8.3–506~~. 11
	719	+	(7) THE COST OF ADMINIST ERING THE PROGRAM. 9
718	720
719		-	THIS TITLE DOES NOT GRANT AN EMPLOYE E ANY PRIOR CLAIM OR RIGHT TO 12
720		-	MONEY THE EMPLOYEE P AYS INTO THE FUND. 13
	721	+	SUBTITLE 5. THE FAMILY AND MEDICAL LEAVE INSURANCE FUND. 10
721	722
722		-	~~SUBTITLE 6~~. ~~CONTRIBUTIONS . 14~~
	723	+	8.3–501. 11
723	724
724		-	~~8.3–601~~. 15
	725	+	THERE IS A FAMILY AND MEDICAL LEAVE INSURANCE FUND. 12
725	726
726		-	(A) BEGINNING OCTOBER 1, 2023, EACH EMPLOYEE OF AN EMPLOYER, EACH 16
727		-	EMPLOYER WITH 15 OR MORE EMPLOYEES , AND EACH 17
728		-	SELF–EMPLOYED INDIVIDUAL PARTICIPA TING IN THE PROGRAM SHALL 18
729		-	CONTRIBUTE TO THE FUND. 19
	727	+	8.3–502. 13
730	728
731		-	(B) ON OR BEFORE DECEMBER 1 EVERY 2 YEARS, BEGINNING IN 2025, THE 20
732		-	SECRETARY, IN CONSULTATION WITH STATE AGENCIES AND RE LEVANT 21
733		-	STAKEHOLDERS , SHALL CONDUCT A COST ANALYSIS OF THE PROGRAM THAT IS 22
734		-	FOCUSED ON THE COST OF MAINTAINING SOLVE NCY AND PAYING BENEF ITS TO 23
735		-	COVERED INDIVIDUALS . 24
	729	+	(A) THE SECRETARY SHALL ADMIN ISTER THE FUND. 14
736	730
737		-	(C) (1) ONCE EVERY 2 YEARS, BEGINNING IN 2025, THE SECRETARY, IN 25
738		-	CONSULTATION WITH STATE AGENCIES AND RE LEVANT STAKEHOLDERS , SHALL 26
739		-	STUDY AND MAKE RECOM MENDATIONS REGARDING THE F OLLOWING: 27
	731	+	(B) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT SUBJECT TO 15
	732	+	§ 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 16
740	733
741		-	(I) THE APPROPRIATE TOTA L RATE OF CONTRIBUTI ON; 28
	734	+	(C) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , AND THE 17
	735	+	COMPTROLLER SHALL ACC OUNT FOR THE FUND. 18
	736	+
	737	+	8.3–503. 19
	738	+
	739	+	(A) THE FUND CONSISTS OF : 20
	740	+
	741	+	(1) EMPLOYEE CONTRIBUTIO NS REQUIRED UNDER § 8.3–601 OF THIS 21
	742	+	TITLE; 22
	743	+
	744	+	(2) SELF–EMPLOYED INDIVIDUAL CONTRIBUTIONS REQUIR ED UNDER 23
	745	+	§ 8.3–601 OF THIS TITLE; 24
742	746		HOUSE BILL 496 17
743	747
744	748
745		-	(II) THE APPROPRIATE COST –SHARING FORMULA BETW EEN 1
746		-	EMPLOYERS AND EMPLOY EES FOR MAKING CONTR IBUTIONS TO FUND THE 2
747		-	PROGRAM, INCLUDING VARIOUS FO RMULAS THAT RANGE BE TWEEN A CO ST SHARE 3
748		-	OF: 4
	749	+	(3) EMPLOYER CONTRIBUTIO NS REQUIRED UNDER § 8.3–601 OF THIS 1
	750	+	TITLE; 2
749	751
750		-	1. A. 75% PAID BY EMPLOYERS ; AND 5
	752	+	(4) MONEY PAID TO THE FUND FOR THE PURPOSE OF REIMBURSING 3
	753	+	THE SECRETARY UNDER § 8.3–902 OF THIS TITLE FOR BE NEFITS PAID IN ERROR ; 4
751	754
752		-	~~B. 25%~~ ~~PAID BY EMPLOYEES~~ ; AND 6
	755	+	(5) INTEREST EARNED ON M ONEY IN THE FUND; AND 5
753	756
754		-	2. ~~A. 25% PAID BY EMPLOYERS ; AND 7~~
	757	+	(6) MONEY RECEIVED FOR T HE FUND FROM ANY OTHER S OURCE. 6
755	758
756		-	B. ~~75% PAID BY EMPLOYEES ; 8~~
	759	+	(B) MONEY IN THE FUND MAY BE COMMINGLED . 7
757	760
758		-	(III) THE COST EFFICIENCY AND BENEFITS OF THE DEPARTMENT 9
759		-	ISSUING A REQUEST FO R PROPOSALS SEEKING THE SERVICES OF AN O UTSIDE 10
760		-	CONTRACTOR FOR THE F OLLOWING: 11
	761	+	(C) THE FUND MAY BE USED ONLY FOR THE PURPOSES OF THIS TITLE. 8
761	762
762		-	1. ~~PREMIUM COLLECTION ; 12~~
	763	+	8.3–504. 9
763	764
764		-	2. ~~CLAIMS ADMINISTRATIO N; 13~~
	765	+	(A) (1) THE STATE TREASURER IS CUSTODIA N OF THE FUND. 10
765	766
766		-	3. DATA MANAGEMENT ; 14
	767	+	(2) THE STATE TREASURER SHALL MANAG E THE FUND IN 11
	768	+	ACCORDANCE WITH REGU LATIONS THAT THE SECRETARY ADOPTS . 12
767	769
768		-	4. FRAUD CONTROL ; 15
	770	+	(B) UNDER THE DIRECTION O F THE SECRETARY, THE STATE TREASURER 13
	771	+	SHALL ESTABLISH THE FUND ACCOUNT IN ANY F INANCIAL INSTITUTION IN WHICH 14
	772	+	THE GENERAL FUND OF THE STATE MAY BE DEPOSITE D. 15
769	773
770		-	5. MARKETING AND ADVERT ISING; OR 16
	774	+	(C) ON RECEIPT OF ANY MON EY PAYABLE TO THE FUND, THE SECRETARY 16
	775	+	SHALL ENSU RE IMMEDIATE DEPOSIT OF THE MONEY INTO TH E FUND ACCOUNT AS 17
	776	+	REQUIRED BY THE STATE TREASURER. 18
771	777
772		-	~~6. IMPLEMENTING ANY OTH ER ELEMENTS OF~~ THE 17
773		-	~~PROGRAM. 18~~
	778	+	(D) IN ACCORDANCE WITH RE GULATIONS THAT THE SECRETARY ADOPTS , 19
	779	+	MONEY IN THE FUND ACCOUNT : 20
774	780
775		-	(2) ON OR BEFORE APRIL 1 EACH YEAR A STUDY IS CONDUCTED 19
776		-	UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE SECRETARY SHALL REPOR T THE 20
777		-	FINDINGS AND RECOMME NDATIONS TO THE SENATE FINANCE COMMITTEE, THE 21
778		-	HOUSE ECONOMIC MATTERS COMMITTEE, AND THE JOINT COMMITTEE ON 22
779		-	ADMINISTRATIVE , EXECUTIVE, AND LEGISLATIVE REVIEW IN ACCORDANCE WITH § 23
780		-	2–1257 OF THE STATE GOVERNMENT ARTICLE. 24
	781	+	(1) SHALL BE USED TO PAY BENEFITS UNDER THIS TITLE; AND 21
781	782
782		-	(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR BEFORE 25
783		-	JUNE 1 EVERY 2 YEARS, BEGINNING IN 2025, THE SECRETARY SHALL SET T HE TOTAL 26
784		-	RATE OF CONTRIBUTION AND THE PERCENTAGE O F THE TOTAL RATE OF 27
785		-	CONTRIBUTION TO BE P AID BY EMPLOYEES OF EMPLOYERS AND EMPLOY ERS WITH 28
786		-	15 OR MORE EMPLOYEES TH AT WILL BE IN EFFECT FOR THE 24–MONTH PERIOD 29
787		-	BEGINNING ON THE IMM EDIATELY FOLLOWING JANUARY 1. 30
788		-	18 HOUSE BILL 496
	783	+	(2) MAY BE USED TO PAY FOR : 22
789	784
	785	+	(I) THE PUBLIC EDUCATION PROGRAM; AND 23
790	786
791		-	(2) THE RATE AND PERCENTA GES SET UNDER PARAGR APH (1) OF THIS 1
792		-	SUBSECTION SHALL BE BASED ON THE STUDY R EQUIRED UNDER SUBSEC TION (C) OF 2
793		-	THIS SECTION. 3
	787	+	(II) ANY COSTS ASSOCIATED WITH THE INITIAL 24
	788	+	IMPLEMENTATION AND O NGOING ADMINISTRATIO N OF THIS TITLE. 25
794	789
795		-	(3) THE TOTAL RATE OF CON TRIBUTION SHALL BE A PPLIED TO ALL 4
796		-	WAGES UP TO AND INCL UDING THE SOCIAL SECURITY WAGE BASE. 5
	790	+	8.3–505. 26
797	791
798		-	(4) THE PERCENTAGES SET U NDER PARAGRAPH (1) OF THIS 6
799		-	SUBSECTION MAY NOT V ARY BETWEEN EMPLOYEE S OR EMPLOYERS . 7
800		-
801		-	(E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 8
802		-	THE EMPLOYER OF THE EMPL OYEE SHALL DEDUCT TH E EMPLOYEE’S REQUIRED 9
803		-	CONTRIBUTION FROM TH E WAGES OF THE EMPLO YEE. 10
804		-
805		-	(2) IF THE EMPLOYER OF AN EMPLOYEE ELECTS TO P AY A PORTION OF 11
806		-	THE EMPLOYEE ’S REQUIRED CONTRIBUT ION, THE EMPLOYER MAY DED UCT AN 12
807		-	AMOUNT THAT IS LESS THAN 75% OF THE RATE OF CONTR IBUTION REQUIRED FRO M 13
808		-	THE WAGES OF THE EMPLOYEE . 14
809		-
810		-	(F) EACH SELF–EMPLOYED INDIVIDUAL PARTICIPATING IN THE PROGRAM 15
811		-	SHALL: 16
812		-
813		-	(1) PAY CONTRIBUTIONS DU RING EACH YEAR THAT THE 17
814		-	SELF–EMPLOYED INDIVIDUAL PARTICIPATES IN THE PROGRAM; AND 18
815		-
816		-	(2) CONTRIBUTE AN AMOUNT EQUAL TO THE TOTAL R ATE OF 19
817		-	CONTRIBUTION SET UND ER SUBSECTION (D) OF THIS SECTION. 20
818		-
819		-	SUBTITLE 7. BENEFITS. 21
820		-
821		-	8.3–701. 22
822		-
823		-	(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , BEGINNING 23
824		-	JANUARY 1, 2025, A COVERED INDIVIDUAL TAKING LEAVE FROM EM PLOYMENT MAY 24
825		-	SUBMIT A CLAIM FOR B ENEFITS TO: 25
826		-
827		-	(I) CARE FOR A NEWBORN C HILD OR A CHILD NEWL Y PLACED 26
828		-	FOR ADOPTION , FOSTER CARE, OR KINSHIP CARE WITH THE COVERED INDIVIDU AL 27
829		-	DURING THE FIRST YEA R AFTER THE BIRTH , ADOPTION, OR PLACEMENT ; 28
830		-
831		-	(II) CARE FOR A FAMILY ME MBER WITH A SERIOUS HEALTH 29
832		-	CONDITION; 30
833		-	HOUSE BILL 496 19
834		-
835		-
836		-	(III) ATTEND TO A SERIOUS HEALTH CONDITION THA T RESULTS 1
837		-	IN THE COVERED INDIV IDUAL BEING UNABLE T O PERFORM THE FUNCTI ONS OF THE 2
838		-	COVERED INDIVIDUAL ’S POSITION; 3
839		-
840		-	(IV) CARE FOR A SERVICE M EMBER WITH A SERIOUS HEALTH 4
841		-	CONDITION RESULTING FROM M ILITARY SERVICE WHO IS THE COVERED 5
842		-	INDIVIDUAL’S NEXT OF KIN; OR 6
843		-
844		-	(V) ATTEND TO A QUALIFYI NG EXIGENCY ARISING OUT OF THE 7
845		-	DEPLOYMENT OF A SERV ICE MEMBER WHO IS A FAMILY MEMBER OF THE COVERED 8
846		-	INDIVIDUAL. 9
847		-
848		-	(2) (I) EXCEPT AS PROVIDED UN DER SUBPARAGRAPH (II) OF THIS 10
849		-	PARAGRAPH , IF THE NEED TO USE L EAVE IS FORESEEABLE , AN EMPLOYER MAY 11
850		-	REQUIRE A COVERED EM PLOYEE TAKING LEAVE UNDER THIS TITLE TO PROVIDE THE 12
851		-	EMPLOYER WITH WRITTE N NOTICE OF THE COVE RED EMPLOYEE ’S INTENTION TO 13
852		-	TAKE LEAVE AT LEAST 30 DAYS BEFORE COM MENCING THE LEAVE . 14
853		-
854		-	(II) IF THE NEED TO USE LE AVE IS NOT FORESEEAB LE, THE 15
855		-	COVERED EMPLOYEE SHA LL: 16
856		-
857		-	1. PROVIDE NOTICE TO TH E EMPLOYER AS SOON A S 17
858		-	PRACTICABLE; AND 18
859		-
860		-	2. GENERALLY COMPLY WIT H THE EMPLOYER ’S NOTICE 19
861		-	OR PROCEDURAL REQUIR EMENTS FOR REQUE STING OR REPORTING O THER LEAVE, 20
862		-	IF THOSE REQUIREMENT S DO NOT INTERFERE W ITH THE COVERED EMPL OYEE’S 21
863		-	ABILITY TO USE LEAVE FOR WHICH BENEFITS M AY BE PAID UNDER THI S TITLE. 22
864		-
865		-	(B) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , A 23
866		-	COVERED INDIVIDUAL MAY TAKE THE LEAVE F OR WHICH THE INDIVID UAL IS 24
867		-	ELIGIBLE FOR BENEFIT S UNDER SUBSECTION (A) OF THIS SECTION ON A N 25
868		-	INTERMITTENT LEAVE S CHEDULE. 26
869		-
870		-	(2) IF LEAVE IS TAKEN ON AN INTERMITTENT LEAV E SCHEDULE, THE 27
871		-	COVERED INDIVIDUAL S HALL: 28
872		-
873		-	(I) MAKE A REASONABLE EFFORT TO SCHEDULE T HE 29
874		-	INTERMITTENT LEAVE I N A MANNER THAT DOES NOT UNDULY DISRUPT T HE 30
875		-	OPERATIONS OF THE EM PLOYER; AND 31
876		-
877		-	(II) PROVIDE THE EMPLOYER WITH REASONABLE AND 32
878		-	PRACTICABLE PRIOR NO TICE OF THE REASON F OR WHICH THE INTERMI TTENT LEAVE 33
879		-	IS NECESSARY. 34 20 HOUSE BILL 496
	792	+	A CHECK THAT THE STATE TREASURER ISSUES TO P AY BENEFITS OR 27
	793	+	REFUNDS SHALL : 28 18 HOUSE BILL 496
880	794
881	795
882	796
883		-	(3) A COVERED EMPLOYEE MAY NOT TAKE INTERMITTEN T LEAVE IN 1
884		-	AN INCREMENT OF LESS THAN 4 HOURS. 2
	797	+	(1) BE ISSUED ONLY ON A WARRANT SIGNED BY TH E SECRETARY; 1
885	798
886		-	(4) IF LEAVE IS TAKEN ON AN INTERMITTENT LEAV E SCHEDULE, AN 3
887		-	EMPLOYER MAY NOT RED UCE THE TOTAL AMOUNT OF LEAVE TO WHICH TH E 4
888		-	COVERED INDIVIDUAL I S ENTITLED BE YOND THE AMOUNT OF L EAVE ACTUALLY 5
889		-	TAKEN. 6
	799	+	(2) BEAR THE SIGNATURE O F THE STATE TREASURER; AND 2
890	800
891		-	8.3~~–702~~. 7
	801	+	(3) BE COUNTERSIGNED BY AN AUTHORIZED AGENT . 3
892	802
893		-	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 8
894		-	COVERED INDIVIDUAL M AY NOT RECEIVE MORE THAN 12 WEEKS OF BENEFITS IN AN 9
895		-	APPLICATION YEAR . 10
	803	+	8.3–506. 4
896	804
897		-	~~(2) A COVERED INDIVIDUAL M AY RECEIVE~~ AN ~~ADDITIONAL 12 WEEKS 11~~
898		-	~~OF BENEFITS IF~~ THE ~~C OVERED INDIVIDUAL DU RING~~ THE ~~SAME APPLIC ATION YEAR: 12~~
	805	+	THIS TITLE DOES NOT G RANT AN EMPLOYEE ANY PRIOR CLAIM OR RIGHT TO 5
	806	+	MONEY THE EMPLOYEE P AYS INTO THE FUND. 6
899	807
900		-	(I) 1. RECEIVED BENEFITS BE CAUSE THE COVERED 13
901		-	INDIVIDUAL WAS ELIGI BLE FOR BENEFITS UND ER § 8.3–701(A)(1)(I) OF THIS 14
902		-	SUBTITLE; AND 15
	808	+	SUBTITLE 6. CONTRIBUTIONS . 7
903	809
904		-	2. BECOMES ELIGIBLE FOR BENEFITS UNDER § 16
905		-	8.3–701(A)(1)(III) OF THIS SUBTITLE; OR 17
	810	+	8.3–601. 8
906	811
907		-	(II) 1~~. RECEIVED BENEFITS BE CAUSE THE COVERED 18~~
908		-	~~INDIVIDUAL WAS ELIGI BLE FOR BENEFITS UND ER § 8.3~~–~~701(A)(1)(III) OF THIS 19~~
909		-	~~SUBTITLE; AND 20~~
	812	+	(A) BEGINNING JANUARY 1, 2023, EACH EMPLOYEE OF AN EMPLOYER, 9
	813	+	EACH EMPLOYER WITH 15 OR MORE EMPLOYEES , AND EACH SELF –EMPLOYED 10
	814	+	INDIVIDUAL PARTICIPA TING IN THE PROGRAM SHALL CONTRIB UTE TO THE FUND. 11
910	815
911		-	2. BECOMES ELIGIBLE FOR BENEFITS UNDER § 21
912		-	8.3–701(A)(1)(I) OF THIS SUBTITLE. 22
	816	+	(B) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 12
	817	+	SECRETARY SHALL SET A TOTAL RATE OF CONTRI BUTION TO BE PAID IN 13
	818	+	ACCORDANCE WITH THIS SUBSECTION. 14
913	819
914		-	(B) IF A COVERED INDIVIDU AL TAKES LEAVE FOR W HICH THE COVERED 23
915		-	INDIVIDUAL IS RECEIV ING BENEFITS UNDER T HIS TITLE, THE LEAVE SHALL RUN 24
916		-	CONCURRENTLY WITH EL IGIBLE LEAVE THAT MA Y BE TAKEN BY THE CO VERED 25
917		-	INDIVIDUAL UNDER THE FEDERAL FAMILY AND MEDICAL LEAVE ACT. 26
	820	+	(II) THE TOTAL RATE OF CON TRIBUTION ESTABLISHE D UNDER 15
	821	+	SUBPARAGRAPH (I) OF THIS PARAGRAPH : 16
918	822
919		-	(C) (1) A COVERED INDIVIDUAL S HALL EXHAUST ALL 27
920		-	EMPLOYER–PROVIDED LEAVE THAT IS NOT REQUIRED TO B E PROVIDED UNDER LAW 28
921		-	BEFORE RECEIVING BEN EFITS UNDER THIS TIT LE. 29
	823	+	1. MAY NOT EXCEED 1.0% OF AN EMPLOYEE ’S WAGES; 17
922	824
923		-	(2) FOR THE PURPOSES OF §§ 8.3–706 AND 8.3–707 OF THIS SUBTITLE 30
924		-	AND §§ 8.3–904 AND 8.3–905 OF THIS TITLE, EMPLOYER–PROVIDED LEAVE THAT IS 31
925		-	BEING EXHAUSTED AS R EQUIRED UNDER PARAGR APH (1) OF THIS SUBSECTION 32 HOUSE BILL 496 21
	825	+	2. SHALL BE APPLIED TO ALL WAGES UP TO AND 18
	826	+	INCLUDING THE SOCIAL SECURITY WAGE BASE ; 19
	827	+
	828	+	3. EXCEPT AS PROVIDED U NDER PARAGRAPH (3)(I)2 OF 20
	829	+	THIS SUBSECTION , SHALL BE SHARED EQUA LLY BY EMPLOYERS AND EMPLOYE ES; 21
	830	+	AND 22
	831	+
	832	+	4. SHALL BE SUFFICIENT TO FUND THE BENEFITS 23
	833	+	PAYABLE UNDER THIS T ITLE. 24
	834	+
	835	+	(2) (I) EACH EMPLOYER WITH 15 OR MORE EMPLOYEES SH ALL 25
	836	+	CONTRIBUTE AN AMOUNT EQUAL TO 50% OF THE TOTAL RATE OF CONTRIBUTION 26
	837	+	FOR EACH EMPLOYEE EM PLOYED BY THE EMPLOY ER. 27
	838	+
	839	+	(II) 1. FOR THE PURPOSE OF DE TERMINING WHETHER AN 28
	840	+	EMPLOYER IS REQUIRED TO CONTRIBUTE , THE NUMBER OF EMPLOY EES OF AN 29 HOUSE BILL 496 19
926	841
927	842
928		-	SHALL BE TREATED THE SAME AS LEAVE FROM W ORK FOR WHICH BENEFITS MAY BE 1
929		-	PAID UNDER THIS TITL E. 2
	843	+	EMPLOYER SHALL BE DE TERMINED BY CALCULAT ING THE AVERAGE MONT HLY 1
	844	+	NUMBER OF EMPLOYEES EMPLOYED BY THE EMPL OYER DURING THE IMME DIATELY 2
	845	+	PRECEDING 12–MONTH PERIOD . 3
930	846
931		-	(3) THIS SUBSECTION MAY N OT BE CONSTRUED TO R EDUCE ANY 3
932		-	WEEKS OF LEAVE FOR W HICH BENEFITS MAY BE PAID UNDER THIS TITL E. 4
	847	+	2. EACH EMPLOYEE OF AN E MPLOYER SHALL BE 4
	848	+	INCLUDED IN THE CALC ULATION MADE UNDER S UBSUBPARAGRAPH 1 OF THIS 5
	849	+	SUBPARAGRAPH WITHOUT REGARD TO WHETHER TH E EMPLOYEE IS A FULL –TIME, 6
	850	+	PART–TIME, TEMPORARY , OR SEASONAL EMPLOYEE OR WOULD BE ELI GIBLE FOR 7
	851	+	BENEFITS UNDER THIS TITLE. 8
933	852
934		-	(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 5
935		-	AN INDIVIDUAL RECEIV ING BENEFITS UNDER TITLE 8 OF THIS ARTICLE OR W AGE 6
936		-	REPLACEMENT BENEFITS UNDER TITLE 9 OF THIS ARTICLE IS N OT ELIGIBLE TO 7
937		-	RECEIVE BENEFITS UND ER THIS TITLE. 8
	853	+	(3) (I) 1. EACH EMPLOYEE OF AN E MPLOYER WITH 15 OR MORE 9
	854	+	EMPLOYEES SHALL CONT RIBUTE AN AMOUNT EQU AL TO 50% OF THE TOTAL RATE 10
	855	+	OF CONTRIBUTION . 11
938	856
939		-	(2) AN INDIVIDUAL RECEIVI NG COMPENSATION FOR A PERMANENT 9
940		-	PARTIAL DISABILITY U NDER TITLE 9 OF THIS ARTICLE MAY BE ELIGIBLE FOR 10
941		-	BENEFITS UNDER THIS TITLE. 11
	857	+	2. EACH EMPLOYEE OF AN E MPLOYER WITH LESS TH AN 12
	858	+	15 EMPLOYEES SHALL CONTRIBUTE AN AMOUNT PROPORTIONALLY EQUAL TO THE 13
	859	+	AMOUNT CONTRIBUTED B Y AN EMPLOYEE UNDER SUBSUBPARAGRAPH 1 OF THIS 14
	860	+	SUBPARAGRAPH . 15
942	861
943		-	8.3–703. 12
	862	+	(II) THE EMPLOYER OF THE EMPL OYEE SHALL DEDUCT TH E 16
	863	+	CONTRIBUTION REQUIRE D UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH FR OM 17
	864	+	THE WAGES OF THE EMPLOYE E. 18
944	865
945		-	(A) FOR THE PURPOSES OF T HIS SECTION: 13
	866	+	(4) EACH SELF–EMPLOYED INDIVIDUAL PARTICIPATING IN THE 19
	867	+	PROGRAM SHALL : 20
946	868
947		-	(1) THE COVERED INDIVIDU AL’S AVERAGE WEEKLY WAG E SHALL BE 14
948		-	CALCULATED AS THE TO TAL WAGES RECEIVED B Y THE COVERED INDIVI DUAL OVER 15
949		-	THE LAST 680 HOURS FOR WHICH THE COVERED INDIVIDU AL WAS PAID DIVIDED BY 16
950		-	THE NUMBER OF WEEKS WORKED; AND 17
	869	+	(I) PAY CONTRIBUTIONS DU RING EACH YEAR THAT THE 21
	870	+	SELF–EMPLOYED INDIVIDUAL PARTICIPATES IN THE PROGRAM; AND 22
951	871
952		-	(2) THE ~~STATE AVERAGE WEEKLY WAGE SHALL BE THE WA GE 18~~
953		-	~~CALCULATED~~ UNDER ~~§ 9–603~~ OF THIS ~~ARTICLE~~. 19
	872	+	(II) CONTRIBUTE AN AMOUNT EQUAL TO THE TOTAL RATE OF 23
	873	+	CONTRIBUTION ESTABLI SHED UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION . 24
954	874
955		-	(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE WEEKLY 20
956		-	BENEFIT AMOUNT PA YABLE TO A COVERED I NDIVIDUAL UNDER THIS TITLE SHALL 21
957		-	BE: 22
	875	+	SUBTITLE 7. BENEFITS. 25
958	876
959		-	(I) IF THE COVERED INDIV IDUAL’S AVERAGE WEEKLY WAG E IS 23
960		-	65% OR LESS OF THE STATE AVERAGE WEEKLY WAGE, 90% OF THE COVERED 24
961		-	INDIVIDUAL’S AVERAGE WEEKLY WAG E; 25
	877	+	8.3–701. 26
962	878
963		-	(II) ~~IF THE~~ COVERED ~~INDIV IDUAL’S AVERAGE WEEKLY WAGE IS 26~~
964		-	~~GREATER THAN 65%~~ ~~OF THE STATE AVERAGE WEEKLY WAGE,~~ ~~THE SUM OF~~: 27
	879	+	(A) BEGINNING JULY 1, 2024, A COVERED INDIVIDUAL TAKING LEAVE FROM 27
	880	+	EMPLOYMENT MAY SUBMI T A CLAIM FOR BENEFI TS TO: 28
965	881
966		-	1. 90% OF THE COVERED INDIV IDUAL’S AVERAGE 28
967		-	WEEKLY WAGE UP TO 65% OF THE STATE AVERAGE WEEKLY WAGE; AND 29
	882	+	(1) CARE FOR A NEWBORN C HILD OR A CHILD NEWLY PLA CED FOR 29
	883	+	ADOPTION, FOSTER CARE , OR KINSHIP CARE WITH THE COVERED INDIVIDU AL 30
	884	+	DURING THE FIRST YEA R AFTER THE BIRTH , ADOPTION, OR PLACEMENT ; 31
	885	+	20 HOUSE BILL 496
968	886
969		-	2. 50% OF THE COVERED INDIV IDUAL’S AVERAGE 30
970		-	WEEKLY WAGE THAT IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE; 31
971		-	OR 32 22 HOUSE BILL 496
	887	+
	888	+	(2) CARE FOR A FAMILY ME MBER WITH A SERIOUS HEALTH 1
	889	+	CONDITION; 2
	890	+
	891	+	(3) ATTEND TO A SERIOUS HEALTH CONDITION THA T RESULTS IN THE 3
	892	+	COVERED INDIVIDUAL B EING UNABLE TO PERFO RM THE FUNCTIONS OF THE 4
	893	+	COVERED INDIVIDUAL ’S POSITION; 5
	894	+
	895	+	(4) CARE FOR A SERVICE M EMBER WITH A SERIOUS HEALTH 6
	896	+	CONDITION RESULTING FROM MILITARY SERVIC E WHO IS THE COVERED 7
	897	+	INDIVIDUAL’S NEXT OF KIN; OR 8
	898	+
	899	+	(5) ATTEND TO A QUALIFYI NG EXIGENCY ARISING OUT OF THE 9
	900	+	DEPLOYMENT OF A SERV ICE MEMBER WHO IS A FAMILY MEMBER OF THE COVERED 10
	901	+	INDIVIDUAL. 11
	902	+
	903	+	(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A COVERED 12
	904	+	INDIVIDUAL MAY TAKE THE LEAVE F OR WHICH THE INDIVID UAL IS ELIGIBLE FOR 13
	905	+	BENEFITS UNDER SUBSE CTION (A) OF THIS SECTION ON A N INTERMITTENT LEAVE 14
	906	+	SCHEDULE. 15
	907	+
	908	+	(2) IF LEAVE IS TAKEN ON AN INTERMITTENT LEAV E SCHEDULE, THE 16
	909	+	COVERED INDIVIDUAL S HALL: 17
	910	+
	911	+	(I) MAKE A REASONABLE EF FORT TO SCHEDULE THE 18
	912	+	INTERMITTENT LEAVE I N A MANNER THAT DOES NOT UNDULY DISRUPT T HE 19
	913	+	OPERATIONS OF THE EM PLOYER; AND 20
	914	+
	915	+	(II) PROVIDE THE EMPLOYER WITH REASONABLE AND 21
	916	+	PRACTICABLE PRIOR NO TICE OF THE REASON F OR WHICH THE INTERMI TTENT 22
	917	+	LEAVE IS NECESSARY . 23
	918	+
	919	+	(3) IF LEAVE IS TAKEN ON AN INTERMITT ENT LEAVE SCHEDULE , AN 24
	920	+	EMPLOYER MAY NOT RED UCE THE TOTAL AMOUNT OF LEAVE TO WHICH TH E 25
	921	+	COVERED INDIVIDUAL I S ENTITLED BEYOND TH E AMOUNT OF LEAVE AC TUALLY 26
	922	+	TAKEN. 27
	923	+
	924	+	8.3–702. 28
	925	+
	926	+	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 29
	927	+	COVERED INDIVIDUAL M AY NOT RECEIVE MORE THAN 12 WEEKS OF BENEFITS IN AN 30
	928	+	APPLICATION YEAR . 31
	929	+
	930	+	(2) A COVERED INDIVIDUAL M AY RECEIVE AN ADDITI ONAL 12 WEEKS 32
	931	+	OF BENEFITS IF THE C OVERED INDIVIDUAL DU RING THE SAME APPLIC ATION YEAR: 33 HOUSE BILL 496 21
972	932
973	933
974	934
975		-	(~~III~~) IF THE COVERED ~~INDIV IDUAL IS TAKING PART IALLY PAID~~ 1
976		-	~~LEAVE, THE LESSER~~ OF: 2
	935	+	(I) RECEIVED BENEFITS BE CAUSE THE COVERED IND IVIDUAL 1
	936	+	WAS ELIGIBLE FOR BEN EFITS UNDER § 8.3–701(A)(3) OF THIS SUBTITLE; AND 2
977	937
978		-	1. THE AMOUNT REQUIRED TO MAKE UP THE 3
979		-	DIFFERENCE BETWEEN T HE WAGES PAID TO THE COVERED INDIVIDUAL W HILE THE 4
980		-	COVERED INDIVIDUAL I S TAKING PARTIALLY P AID LEAVE AND THE FU LL WAGES 5
981		-	NORMALLY PAID TO THE COVERED INDIVIDUAL ; AND 6
	938	+	(II) BECOMES ELIGIBLE FOR BENEFITS UNDER § 3
	939	+	8.3–701(A)(1), (2), (4), OR (5) OF THIS SUBTITLE. 4
982	940
983		-	2. IF THE COVERED INDIV IDUAL’S AVERAGE WEEKLY 7
984		-	WAGE IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE, THE SUM OF: 8
	941	+	(B) IF A COVERED INDIVIDU AL TAKES LEAVE FOR W HICH THE COVERED 5
	942	+	INDIVIDUAL IS RECEIV ING BENEFITS UNDER T HIS TITLE, THE LEAVE SHALL RUN 6
	943	+	CONCURRENTLY WITH EL IGIBLE LEAVE THAT MA Y BE TAKEN BY THE CO VERED 7
	944	+	INDIVIDUAL UNDER THE FEDERAL FAMILY AND MEDICAL LEAVE ACT. 8
985	945
986		-	A. 90% OF THE COVERED INDIVIDUAL ’S AVERAGE 9
987		-	WEEKLY WAGE UP TO 65% OF THE STATE AVERAGE WEEKLY WAGE; AND 10
	946	+	(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 9
	947	+	AN INDIVIDUAL RECEIV ING BENEFITS UNDER TITLE 8 OF THIS ARTICLE OR W AGE 10
	948	+	REPLACEMENT BENEFITS UNDER TITLE 9 OF THIS ARTICLE IS N OT ELIGIBLE TO 11
	949	+	RECEIVE BENEFITS UND ER THIS TITLE. 12
988	950
989		-	B. 50% OF THE COVERED INDIV IDUAL’S AVERAGE 11
990		-	WEEKLY WAGE THAT IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE. 12
	951	+	(2) AN INDIVIDUAL RECEIVI NG COMPENSATION FOR A PERMANENT 13
	952	+	PARTIAL DISABILITY UNDER TITLE 9 OF THIS ARTICLE MAY BE ELIGIBLE FOR 14
	953	+	BENEFITS UNDER THIS TITLE. 15
991	954
992		-	(2) THE WEEKLY BENEFIT AM OUNT PAYABLE UNDER P ARAGRAPH (1) 13
993		-	OF THIS SUBSECTION : 14
	955	+	8.3–703. 16
994	956
995		-	(I) SHALL BE AT LEAST $50; AND 15
	957	+	(A) AN EMPLOYER MAY ALLOW A COVERED INDIVIDUAL TO USE PAID 17
	958	+	VACATION, PAID SICK LEAVE , OR OTHER PAID TIME O FF UNDER AN EMPLOYER 18
	959	+	POLICY IN ADDITION T O THE BENEFITS AVAILABLE UN DER THIS TITLE TO RE PLACE 19
	960	+	THE COVERED INDIVIDU AL’S WAGES UP TO 100% OF THE COVERED INDIV IDUAL’S 20
	961	+	WEEKLY WAGE DURING T HE PERIOD OF LEAVE F OR WHICH BENEFITS AR E RECEIVED 21
	962	+	UNDER THIS TITLE . 22
996	963
997		-	(II) MAY NOT EXCEED : 16
	964	+	(B) AN EMPLOYER CONTRIBUT ING TO THE FUND MAY REQUIRE A COVERED 23
	965	+	INDIVIDUAL WHO RECEI VES BENEFITS UNDER T HIS TITLE TO USE THO SE BENEFITS 24
	966	+	CONCURRENTLY WITH FA MILY OR MEDICAL LEAV E BENEFITS PROVIDED UNDER AN 25
	967	+	EMPLOYER POLICY . 26
998	968
999		-	1. FOR THE 12–MONTH PERIOD BEGINNI NG JANUARY 1, 17
1000		-	2025, $1,000; AND 18
	969	+	8.3–704. 27
1001	970
1002		-	2. FOR THE 12–MONTH PERIOD BEGINNI NG JANUARY 1, 19
1003		-	2026, AND EACH SUBSEQUENT 12–MONTH PERI OD, THE AMOUNT DETERMINE D AND 20
1004		-	ANNOUNCED BY THE SECRETARY UNDER PARAG RAPH (3) OF THIS SUBSECTION . 21
	971	+	(A) FOR THE PURPOSES OF T HIS SECTION: 28
1005	972
1006		-	(3) (I) IN THIS PARAGRAPH , “CONSUMER PRICE INDEX” MEANS 22
1007		-	THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE 23
1008		-	WASHINGTON–ARLINGTON–ALEXANDRIA, DC–VA–MD–WV METROPOLITAN AREA 24
1009		-	OR A SUCCESSOR INDEX PUBLISHED BY THE FED ERAL BUREAU OF LABOR 25
1010		-	STATISTICS. 26
1011		-
1012		-	(II) SUBJECT TO SUBSECTION (E) OF THIS SECTION , FOR THE 27
1013		-	12–MONTH PERIOD BEGINNI NG JANUARY 1, 2026, AND EACH SUBSEQUENT 28
1014		-	12–MONTH PERIOD , THE MAXIMUM WEEKLY B ENEFIT AMOUNT SHALL B E INCREASED 29
1015		-	BY THE AMOUNT , ROUNDED TO THE NEARE ST CENT, THAT EQUALS THE PROD UCT OF: 30
1016		-	HOUSE BILL 496 23
	973	+	(1) THE COVERED INDIVIDU AL’S AVERAGE WEEKLY WAG E SHALL BE 29
	974	+	CALCULATED AS THE TO TAL WAGES RECEIVED B Y THE COVERED INDIVI DUAL OVER 30
	975	+	THE LAST 680 HOURS FOR WHICH THE COVERED INDIVIDUAL W AS PAID DIVIDED BY 31
	976	+	THE NUMBER OF WEEKS WORKED; AND 32
	977	+	22 HOUSE BILL 496
1017	978
1018	979
1019		-	1. THE ~~MAXIMUM~~ WEEKLY ~~B ENEFIT AMOUNT IN EFF ECT~~ 1
1020		-	~~FOR THE IMMEDIATELY PRECEDING 12–MONTH PERIOD ; AND~~ 2
	980	+	(2) THE STATE AVERAGE WEEKLY WAGE SHALL BE THE W AGE 1
	981	+	CALCULATED UNDER § 9–603 OF THIS ARTICLE. 2
1021	982
1022		-	2. THE ANNUAL PERCENTAG E GROWTH IN THE 3
1023		-	CONSUMER PRICE INDEX FOR THE IMMEDIA TELY PRECEDING 12–MONTH PERIOD , 4
1024		-	AS DETERMINED BY THE SECRETARY UNDER SUBPA RAGRAPH (III)1 OF THIS 5
1025		-	PARAGRAPH . 6
	983	+	(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE WEEKLY 3
	984	+	BENEFIT AMOUNT PAYAB LE TO A COVERED INDI VIDUAL UNDER THIS TI TLE SHALL 4
	985	+	BE: 5
1026	986
1027		-	(III) BEGINNING SEPTEMBER 1, 2025, AND ON EACH 7
1028		-	SUBSEQUENT SEPTEMBER 1, THE SECRETARY SHALL DETER MINE AND ANNOUNCE: 8
	987	+	(I) IF THE COVERED INDIV IDUAL’S AVERAGE WEEKLY WAG E IS 6
	988	+	65% OR LESS OF THE STATE AVERAGE WEEKLY WAGE, 90% OF THE COVERED 7
	989	+	INDIVIDUAL’S AVERAGE WEEKLY WAG E; 8
1029	990
1030		-	1. THE ANNUAL PERCENTAG E GROWTH, IF ANY, IN THE 9
1031		-	CONSUMER PRICE INDEX BASED ON THE MO ST RECENT 12–MONTH PERIOD FOR 10
1032		-	WHICH DATA ARE AVAIL ABLE ON SEPTEMBER 1; AND 11
	991	+	(II) IF THE COVERED INDIV IDUAL’S AVERAGE WEEKLY WAG E IS 9
	992	+	GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE, THE SUM OF: 10
1033	993
1034		-	2. THE MAXIMUM WEEKLY B ENEFIT AMOUNT EFFECT IVE 12
1035		-	FOR THE 12–MONTH PERIOD BEGINN ING THE IMMEDIATELY FOLLOWING JANUARY 13
1036		-	1. 14
	994	+	1. 90% OF THE COVERED INDIV IDUAL’S AVERAGE 11
	995	+	WEEKLY WAGE UP TO 65% OF THE STATE AVERAGE WEEKLY WAGE; AND 12
1037	996
1038		-	~~(C) AN INCREASE IN~~ THE ~~WE EKLY BENEFIT AMOUNT UNDER SUBSECTION 15~~
1039		-	~~(B)(3)~~ OF ~~THIS SECTION APPL IES ONLY TO A CLAIM FOR BENEFITS FILED A FTER~~ THE 16
1040		-	~~DATE THE INCREASE BE COMES EFFECTIVE . 17~~
	997	+	2. 50% OF THE COVERED INDIV IDUAL’S AVERAGE 13
	998	+	WEEKLY WAGE THAT IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE; 14
	999	+	OR 15
1041	1000
1042		-	(D) THE DEPARTMENT SHALL : 18
	1001	+	(III) IF THE COVERED INDIV IDUAL IS TAKING PART IALLY PAID 16
	1002	+	LEAVE, THE LESSER OF: 17
1043	1003
1044		-	(1) NOTIFY THE EMPLOYER OF A COVERED INDIVIDUAL WITHIN 5 19
1045		-	BUSINESS DAYS AFTER THE COVERED INDIVIDU AL FILES A CLAIM FOR BENEFITS 20
1046		-	UNDER THIS TITLE ; 21
	1004	+	1. THE AMOUNT REQUIRED TO MAKE UP THE 18
	1005	+	DIFFERENCE BETWEEN T HE WAGES PAID TO THE COVERED INDIVIDUAL W HILE THE 19
	1006	+	COVERED INDIVIDUAL I S TAKING PARTIALLY P AID LEAVE AND THE FU LL WAGES 20
	1007	+	NORMALLY PAID TO THE COVERED INDIVIDUAL ; AND 21
1047	1008
1048		-	(2) APPROVE OR DENY THE CLAIM AND NOTIFY THE COVERED 22
1049		-	INDIVIDUAL AND THE C OVERED INDIVIDUAL ’S EMPLOYER WITHIN 10 BUSINESS DAYS 23
1050		-	AFTER THE COVERED IN DIVIDUAL FILES THE C LAIM; 24
	1009	+	2. IF THE COVERED INDIVIDUA L’S AVERAGE WEEKLY 22
	1010	+	WAGE IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE, THE SUM OF: 23
1051	1011
1052		-	~~(3) MAKE~~ THE ~~FIRST PAYME NT OF BENEFITS TO A~~ COVERED 25
1053		-	~~INDIVIDUAL WITHIN 5 BUSINESS DAYS AFTER~~ THE ~~CLAIM IS APPROVE D~~; AND 26
	1012	+	A. 90% OF THE COVERED INDIV IDUAL’S AVERAGE 24
	1013	+	WEEKLY WAGE UP TO 65% OF THE STATE AVERAGE WEEKLY WAGE; AND 25
1054	1014
1055		-	~~(4) MAKE SUBSEQUENT PAYM ENTS EVERY 2 WEEKS UNTIL~~ THE 27
1056		-	~~BENEFIT PERIOD ENDS~~ . 28
	1015	+	B. 50% OF THE COVERED INDIVIDUAL’S AVERAGE 26
	1016	+	WEEKLY WAGE THAT IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE. 27
1057	1017
1058		-	(E) (1) ~~IN THIS SUBSECTION , “BOARD” MEANS THE BOARD OF PUBLIC 29~~
1059		-	~~WORKS. 30~~
	1018	+	(2) THE WEEKLY BENEFIT AM OUNT PAYABLE UNDER P ARAGRAPH (1) 28
	1019	+	OF THIS SUBSECTION : 29
1060	1020
1061		-	(2) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , ON OR BEFORE 31
1062		-	SEPTEMBER 1 EACH YEAR, BEGINNING IN 2025, THE BOARD SHALL DETERMINE 32 24 HOUSE BILL 496
	1021	+	(I) SHALL BE AT LEAST $50; AND 30
1063	1022
1064		-
1065		-	WHETHER THE SEASONAL LY ADJUSTED TOTAL EM PLOYMENT FROM THE CURRENT 1
1066		-	EMPLOYMENT STATISTICS SERIES AS REPORTED BY THE U.S. BUREAU OF LABOR 2
1067		-	STATISTICS FOR THE MO ST RECENT 6–MONTH PERIOD IS NEGA TIVE AS COMPARED 3
1068		-	WITH THE IMMEDIATELY PRECEDING 6–MONTH PERIOD . 4
1069		-
1070		-	(3) (I) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTIO N, THE 5
1071		-	BOARD MAY TEMPORARILY SUSPEND AN INCREASE IN THE MAXIMUM WEEKL Y 6
1072		-	BENEFIT SPECIFIED UN DER SUBSECTION (B)(2)(II) OF THIS SECTION IF T HE BOARD 7
1073		-	DETERMINED UNDER PAR AGRAPH (2) OF THIS SUBSECTION T HAT THE SEASONALLY 8
1074		-	ADJUSTED TOTAL EMPLO YMENT IS NEGATIVE . 9
1075		-
1076		-	(II) IF THE SEASONALLY ADJ USTED TOTAL EMPLOYME NT IS 10
1077		-	NEGATIVE, THE BOARD MAY CONSIDER TH E PERFORMANCE OF STATE REVENUES IN 11
1078		-	THE IMMEDIATELY PREC EDING 6 MONTHS, AS REPORTED BY THE OFFICE OF THE 12
1079		-	COMPTROLLER , IN DETERMINING WHETH ER TO TEMPORARILY SU SPEND AN 13
1080		-	INCREASE TO THE MAXI MUM WEEKLY BENEFIT S PECIFIED UNDER SUBSE CTION 14
1081		-	(B)(2)(II) OF THIS SECTION. 15
1082		-
1083		-	(4) IF THE BOARD TEMPORARILY SUS PENDS AN INCREASE TO THE 16
1084		-	MAXIMUM WEEKLY BENEF IT SPECIFIED UNDER S UBSECTION (B)(2)(II)2 OF THIS 17
1085		-	SECTION: 18
1086		-
1087		-	(I) THE MAXIMUM WEEKLY BENEFIT IN EF FECT FOR THE 19
1088		-	PERIOD BEGINNING THE FOLLOWING JANUARY 1 SHALL REMAIN THE SAM E AS THE 20
1089		-	RATE THAT WAS IN EFF ECT FOR THE IMMEDIAT ELY PRECEDING 12–MONTH PERIOD ; 21
1090		-	AND 22
1091		-
1092		-	(II) THE BOARD SHALL NOTIFY TH E SECRETARY THAT THE 23
1093		-	MAXIMUM WEEKLY BENEF IT INCREASE FOR THE PER IOD BEGINNING THE 24
1094		-	FOLLOWING JANUARY 1 IS SUSPENDED FOR 1 YEAR. 25
1095		-
1096		-	(F) THE DEPARTMENT SHALL NOTI FY EACH EMPLOYER OF THE INCREASE 26
1097		-	TO THE MAXIMUM WEEKL Y BENEFIT SPECIFIED UNDER SUBSECTION (B)(2)(II) OF 27
1098		-	THIS SECTION. 28
1099		-
1100		-	8.3–704. 29
1101		-
1102		-	(A) IF THE INTERNAL REVENUE SERVICE DETERMINES TH AT BENEFITS 30
1103		-	PAID UNDER THIS SUBT ITLE ARE SUBJECT TO FEDERAL INCOME TAX , AT THE TIME A 31
1104		-	COVERED INDIVIDUAL F ILES A NEW CLAIM FOR BENEFITS, THE DEPARTMENT SHALL 32
1105		-	NOTIFY THE COVERED I NDIVIDUAL THAT : 33
1106		-
1107		-	(1) THE INTERNAL REVENUE SERVICE HAS DETERMINE D THAT THE 34
1108		-	BENEFITS ARE SUBJECT TO FEDERAL INCOME TA X; 35 HOUSE BILL 496 25
	1023	+	(II) MAY NOT EXCEED : 31 HOUSE BILL 496 23
1109	1024
1110	1025
1111	1026
1112		-	~~(2) THERE ARE REQUIREMEN TS REGARDING ESTIMAT ED TAX~~ 1
1113		-	~~PAYMENTS~~; 2
	1027	+	1. FOR THE 12–MONTH PERIOD BEGINNING JULY 1, 1
	1028	+	2024, $1,000; AND 2
1114	1029
1115		-	(3) THE COVERED INDIVIDU AL MAY ELECT TO HAVE FEDERAL INCOME 3
1116		-	TAX DEDUCTED AND WIT HHELD FROM THE BENEF ITS THAT THE COVERED 4
1117		-	INDIVIDUAL RECEIVES UNDER THIS TITLE AT THE RATE SPECIFIED I N THE INTERNAL 5
1118		-	REVENUE CODE; AND 6
	1030	+	2. FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 3
	1031	+	2025, AND EACH SUBSEQUENT 12–MONTH PERIOD , THE AMOUNT DETERMINE D AND 4
	1032	+	ANNOUNCED BY THE SECRETARY UNDER PARAG RAPH (3) OF THIS SUBSECTION . 5
1119	1033
1120		-	(4) THE COVERED INDIVIDU AL IS ALLOWED TO CHA NGE A PREVIOUSLY 7
1121		-	ELECTED WITHHOLDING STATUS. 8
	1034	+	(3) (I) IN THIS PARAGR APH, “CONSUMER PRICE INDEX” MEANS 6
	1035	+	THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE 7
	1036	+	WASHINGTON–ARLINGTON–ALEXANDRIA, DC–VA–MD–WV METROPOLITAN AREA 8
	1037	+	OR A SUCCESSOR INDEX PUBLISHED BY THE FED ERAL BUREAU OF LABOR 9
	1038	+	STATISTICS. 10
1122	1039
1123		-	(B) (1) ~~IF A COVERED INDIVIDU AL ELECTS TO HAVE FE DERAL INCOME TAX 9~~
1124		-	~~DEDUCTED~~ AND ~~WITHHEL D UNDER SUBSECTION (A)(3) OF THIS SECTION , THE 10~~
1125		-	~~DEPARTMENT~~ SHALL ~~DEDU CT AND WITHHOLD AN A MOUNT AT THE RATE SP ECIFIED 11~~
1126		-	~~IN THE INTERNAL REVENUE CODE IN A MANNER REQU IRED~~ BY THE ~~INTERNAL 12~~
1127		-	~~REVENUE SERVICE.~~ 13
	1040	+	(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (IV) OF THIS 11
	1041	+	PARAGRAPH , FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 2025, AND EACH 12
	1042	+	SUBSEQUENT 12–MONTH PERIOD , THE MAXIMUM WEEKLY B ENEFIT AMOUNT SHALL 13
	1043	+	BE INCREASED BY THE AMOUNT, ROUNDED TO THE NEARE ST CENT, THAT EQUALS 14
	1044	+	THE PRODUCT OF : 15
1128	1045
1129		-	(2) IF THE DEPARTMENT DED UCTS AND WITHHOLDS F EDERAL 14
1130		-	INCOME TAX UNDER PAR AGRAPH (1) OF THIS SUBSECTION , THE AMOUNT DEDUCTED 15
1131		-	AND WITHHELD SHALL R EMAIN IN THE FUND UNTIL IT IS TRAN SFERRED TO THE 16
1132		-	INTERNAL REVENUE SERVICE AS A PAYMENT OF INCOME TAX. 17
	1046	+	1. THE MAXIMUM WEEKLY B ENEFIT AMOUNT IN EFF ECT 16
	1047	+	FOR THE IMMEDIATELY PRECEDING 12–MONTH PERIOD ; AND 17
1133	1048
1134		-	8.3–705. 18
	1049	+	2. THE ANNUAL PERCENTAG E GROWTH IN THE 18
	1050	+	CONSUMER PRICE INDEX FOR THE IMMEDIA TELY PRECEDING 12–MONTH PERIOD , 19
	1051	+	AS DETERMINED BY THE SECRETARY UNDER SUBPA RAGRAPH (III)1 OF THIS 20
	1052	+	PARAGRAPH . 21
1135	1053
1136		-	(A) AN EMPLOYER MAY SATI SFY THE REQUIREMENTS OF THIS TITLE 19
1137		-	THROUGH A PRIVATE EM PLOYER PLAN CONSISTI NG OF EMPLOYER –PROVIDED 20
1138		-	BENEFITS, INSURANCE, OR A COMBINATION OF BOTH IF THE PRIVATE EMPLOYER 21
1139		-	PLAN IS OFFERED TO A LL OF THE EMPLOYER ’S ELIGIBLE EMPLOYEES AND MEETS OR 22
1140		-	EXCEEDS THE RI GHTS, PROTECTIONS , AND BENEFITS PROVIDE D TO A COVERED 23
1141		-	EMPLOYEE UNDER THIS TITLE. 24
	1054	+	(III) BEGINNING MARCH 1, 2025, AND ON EACH SUBSEQUE NT 22
	1055	+	SEPTEMBER 1, THE SECRETARY SHALL DETER MINE AND ANNOUNCE : 23
1142	1056
1143		-	(B) A PRIVATE EMPLOYER PLA N SHALL BE FILED WIT H THE DEPARTMENT 25
1144		-	FOR APPROVAL . 26
	1057	+	1. THE ANNUAL PERCENTAG E GROWTH, IF ANY, IN THE 24
	1058	+	CONSUMER PRICE INDEX BASED ON THE MO ST RECENT 12–MONTH PER IOD FOR 25
	1059	+	WHICH DATA ARE AVAIL ABLE ON SEPTEMBER 1; AND 26
1145	1060
1146		-	(C) AN EMPLOYER THAT PROV IDES COVERED EMPLOYE ES WITH A PRIVATE 27
1147		-	EMPLOYER PLAN AND AN EMPLOYEE THAT IS COVERED BY A PRIVATE EMPLOYER 28
1148		-	PLAN ARE EXEMPT FROM THE CONTRIBUTIONS RE QUIRED UNDER SUBTITLE 6 OF 29
1149		-	THIS TITLE. 30
	1061	+	2. THE MAXIMUM WEEKLY B ENEFIT AMOUNT EFFECT IVE 27
	1062	+	FOR THE 12–MONTH PERIOD BEGINNI NG THE IMMEDIATELY F OLLOWING JULY 1. 28
1150	1063
1151		-	~~8.3–706. 31~~
1152		-
1153		-	~~(A) THIS SECTION DOES NOT APPLY TO AN EMPLOYER WHO IS AN 32~~
1154		-	~~INDIVIDUAL WITH A DE VELOPMENTAL DISABILI TY, AND WHO SELF –DIRECTS 33 26~~ HOUSE BILL 496
	1064	+	(IV) IF THERE IS A DECLINE OR NO GROWTH IN THE CONSUMER 29
	1065	+	PRICE INDEX, THE MAXIMUM WEEKLY BENEF IT AMOUNT SHALL REMA IN THE SAME 30
	1066	+	AS THE AMOUNT THAT W AS IN EFFECT FOR THE PRECEDING 12–MONTH PERIOD . 31
	1067	+	24 HOUSE BILL 496
1155	1068
1156	1069
1157		-	SERVICES UNDER THE MARYLAND MEDICAID HOME– AND COMMUNITY–BASED 1
1158		-	SERVICES WAIVER PROGRAM. 2
	1070	+	(C) AN INCREASE IN THE WE EKLY BENEFIT AMOUNT UNDER SUBSECTION 1
	1071	+	(B)(3) OF THIS SECTION APPL IES ONLY TO A CLAIM FOR BENEFITS FILED A FTER THE 2
	1072	+	DATE THE INCREASE BE COMES EFFECTIVE . 3
1159	1073
1160		-	(B) EXCEPT AS PROVIDED IN SUBSECTION (C)(2) OF THIS SECTION , IF A 3
1161		-	COVERED INDIVIDUAL R ECEIVES BENEFITS UND ER THIS TITLE OR TAK ES LEAVE 4
1162		-	FROM WORK FOR WHICH BENEFITS MA Y BE PAID UNDER THIS TITLE, THE EMPLOYER 5
1163		-	OF THE COVERED INDIV IDUAL SHALL, ON THE EXPIRATION OF THE LEAVE, RESTORE 6
1164		-	THE COVERED INDIVIDU AL TO AN EQUIVALENT POSITION OF EMPLOYME NT. 7
	1074	+	(D) THE DIVISION SHALL: 4
1165	1075
1166		-	(C) AN EMPLOYER MAY : 8
	1076	+	(1) NOTIFY THE EMPLOYER OF A COVERED INDIVID UAL WITHIN 5 5
	1077	+	BUSINESS DAYS AFTER THE COVERED INDIVIDU AL FILES A CLAIM FOR BENEFITS 6
	1078	+	UNDER THIS TITLE ; 7
1167	1079
1168		-	(1) ~~DURING A PERIOD OF L EAVE FROM WORK FOR W HICH BENEFITS 9~~
1169		-	~~MAY BE PAID UNDER TH IS TITLE, TERMINATE EMPLOYMENT OF~~ THE COVERED 10
1170		-	~~INDIVIDUAL TAKING TH E LEAVE ONLY FOR CAU SE~~; ~~AND 11~~
	1080	+	(2) APPROVE OR DENY THE CLAIM AND NOTI FY THE COVERED 8
	1081	+	INDIVIDUAL WITHIN 10 BUSINESS DAYS AFTER THE COVERED INDIVIDU AL FILES THE 9
	1082	+	CLAIM; 10
1171	1083
1172		-	(2) ~~DENY RESTORATION~~ OF A COVERED ~~INDIVIDUAL ’S POSITION OF 12~~
1173		-	~~EMPLOYMENT UNDER SUB SECTION (B) OF THIS SECTION IF:~~ 13
	1084	+	(3) MAKE THE FIRST PAYME NT OF BENEFITS TO A COVERED 11
	1085	+	INDIVIDUAL WITHIN 5 BUSINESS DAYS AFTER THE CLAIM IS APPROVE D; AND 12
1174	1086
1175		-	(I) THE ~~DENIAL IS NECESSARY TO PREVENT SUBSTANTIAL AND 14~~
1176		-	~~GRIEVOUS ECONOMIC IN JURY TO THE OPERATIO NS OF THE EMPLOYER ; 15~~
	1087	+	(4) MAKE SUBSEQUENT PAYM ENTS EVERY 2 WEEKS UNTIL THE 13
	1088	+	BENEFIT PERIOD ENDS . 14
1177	1089
1178		-	(II) THE EMPLOYER NOTIFIE S THE COVERED INDIVI DUAL OF 16
1179		-	THE INTENT OF THE EM PLOYER TO DENY RESTO RATION OF THE COVERE D 17
1180		-	INDIVIDUAL’S POSITION OF EMPLOY MENT AT THE TIME THE EMPLOYER DETERMINES 18
1181		-	THE ECONOMIC INJURY WOULD OCCUR ; AND 19
	1090	+	8.3–705. 15
1182	1091
1183		-	(III) IF THE LEAVE HAS ALR EADY BEGUN IN A CASE OF LEAVE 20
1184		-	FROM WORK FOR WHICH BENEFITS MAY BE PAID UNDER THIS TITLE , THE COVERED 21
1185		-	INDIVIDUAL ELECTS NO T TO RETURN TO EMPLO YMENT AFTER RECE IVING NOTICE OF 22
1186		-	THE EMPLOYER ’S INTENTION TO DENY RESTORATION OF THE C OVERED 23
1187		-	INDIVIDUAL’S POSITION OF EMPLOY MENT. 24
	1092	+	(A) IF THE INTERNAL REVENUE SERVICE DETERMINES TH AT BENEFITS 16
	1093	+	PAID UNDER THIS SUBT ITLE ARE SUBJECT TO FEDERAL INCOME TAX , AT THE TIME 17
	1094	+	A COVERED INDIVIDUAL FILES A NEW CLAIM FO R BENEFITS, THE DIVISION SHALL 18
	1095	+	NOTIFY THE COVERED I NDIVIDUAL THAT : 19
1188	1096
1189		-	8.3–707. 25
	1097	+	(1) THE INTERNAL REVENUE SERVICE HAS DETERMINE D THAT THE 20
	1098	+	BENEFITS ARE SUBJECT TO FEDERAL INCOME TA X; 21
1190	1099
1191		-	IF A COVERED INDIVIDU AL IS RECEIVING BENE FITS UNDER THIS TITL E OR IS 26
1192		-	TAKING LEAVE FOR WHI CH BENEFITS MAY BE P AID UNDER THIS TITLE , THE 27
1193		-	EMPLOYER OF THE COVE RED INDIVIDUAL SHALL CONTINUE ANY EMPLOYM ENT 28
1194		-	HEALTH BENEFITS IN THE SAME MANNER AS REQUIRED U NDER MAINTENANCE OF 29
1195		-	HEALTH BENEFITS IN T HE FEDERAL FAMILY AND MEDICAL LEAVE ACT FOR THE 30
1196		-	TIME PERIOD THAT THE COVERED INDIVIDUAL I S ABSENT FROM WORK OR RECEIVI NG 31
1197		-	BENEFITS UNDER THIS TITLE. 32
	1100	+	(2) THERE ARE REQUIREMEN TS REGARDING ESTIMAT ED TAX 22
	1101	+	PAYMENTS; 23
	1102	+
	1103	+	(3) THE COVERED INDIVIDU AL MAY ELECT TO HAVE FEDERAL 24
	1104	+	INCOME TAX DEDUCTED AND WITHHELD FROM TH E BENEFITS THAT THE COVERED 25
	1105	+	INDIVIDUAL RECEIVES UNDER THIS TITLE AT THE RATE SPECIFIED I N THE 26
	1106	+	INTERNAL REVENUE CODE; AND 27
	1107	+
	1108	+	(4) THE COVERED INDIVIDU AL IS ALLOWED TO CHA NGE A 28
	1109	+	PREVIOUSLY ELECTED W ITHHOLDING STATUS . 29
	1110	+
	1111	+	(B) (1) IF A COVERED INDIVIDU AL ELECTS TO HAVE FE DERAL INCOME 30
	1112	+	TAX DEDUCTED AND WIT HHELD UNDER SUBSECTI ON (A)(3) OF THIS SECTION , THE 31
	1113	+	DIVISION SHALL DEDUCT AND WITHHOLD AN AMOU NT AT THE RATE SPECI FIED IN 32 HOUSE BILL 496 25
	1114	+
	1115	+
	1116	+	THE INTERNAL REVENUE CODE IN A MANNER REQU IRED BY THE INTERNAL 1
	1117	+	REVENUE SERVICE. 2
	1118	+
	1119	+	(2) IF THE DIVISION DEDUCTS AND WITHHOLDS FEDERAL IN COME 3
	1120	+	TAX UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE AMOUNT DEDUCTED AND 4
	1121	+	WITHHELD SHALL REMAI N IN THE FUND UNTIL IT IS TRAN SFERRED TO THE 5
	1122	+	INTERNAL REVENUE SERVICE AS A PAY MENT OF INCOME TAX . 6
	1123	+
	1124	+	8.3–706. 7
	1125	+
	1126	+	(A) AN EMPLOYER MAY SATIS FY THE REQUIREMENTS OF THIS TITLE 8
	1127	+	THROUGH A PRIVATE EM PLOYER PLAN CONSISTI NG OF EMPLOYER –PROVIDED 9
	1128	+	BENEFITS, INSURANCE, OR A COMBINATION OF BOTH IF THE PRIVATE EMPLOYER 10
	1129	+	PLAN IS OFFERED TO A LL OF THE EMPLOYER’S ELIGIBLE EMPLOYEES AND MEETS 11
	1130	+	OR EXCEEDS THE RIGHT S, PROTECTIONS , AND BENEFITS PROVIDE D TO A COVERED 12
	1131	+	EMPLOYEE UNDER THIS TITLE. 13
	1132	+
	1133	+	(B) A PRIVATE EMPLOYER PLA N SHALL BE FILED WIT H THE DIVISION FOR 14
	1134	+	APPROVAL. 15
	1135	+
	1136	+	(C) AN EMPLOYER THAT PROV IDES COVERED EM PLOYEES WITH A PRIVA TE 16
	1137	+	EMPLOYER PLAN AND AN EMPLOYEE THAT IS COV ERED BY A PRIVATE EM PLOYER 17
	1138	+	PLAN ARE EXEMPT FROM THE CONTRIBUTIONS RE QUIRED UNDER SUBTITLE 6 OF 18
	1139	+	THIS TITLE. 19
	1140	+
	1141	+	8.3–707. 20
	1142	+
	1143	+	IF A COVERED INDIVIDU AL RECEIVES BENEFITS UNDER THIS TITLE OR TAKES 21
	1144	+	LEAVE FROM WORK FOR WHICH BENEFITS MAY BE PAID UNDER THIS TITLE , THE 22
	1145	+	EMPLOYER OF THE COVE RED INDIVIDUAL SHALL , ON THE EXPIRATION OF THE 23
	1146	+	LEAVE, RESTORE THE COVERED INDIVIDUAL TO AN EQU IVALENT POSITION OF 24
	1147	+	EMPLOYMENT . 25
	1148	+
	1149	+	8.3–708. 26
	1150	+
	1151	+	IF A COVERED INDIVIDU AL IS RECEIVING BENEFITS U NDER THIS TITLE OR I S 27
	1152	+	TAKING LEAVE FOR WHI CH BENEFITS MAY BE P AID UNDER THIS TITLE , THE 28
	1153	+	EMPLOYER OF THE COVE RED INDIVIDUAL SHALL CONTINUE ANY EMPLOYM ENT 29
	1154	+	BENEFITS IN THE SAME MANNER AS REQUIRED U NDER TITLE 3, SUBTITLE 12 OF 30
	1155	+	THIS ARTICLE FOR THE TIME PERIOD THAT THE COVERED IND IVIDUAL IS ABSENT 31
	1156	+	FROM WORK OR RECEIVI NG BENEFITS UNDER TH IS TITLE. 32
1198	1157
1199	1158		SUBTITLE 8. NOTICE TO EMPLOYEES. 33
1200		-	HOUSE BILL 496 27
	1159	+	26 HOUSE BILL 496
1201	1160
1202	1161
1203	1162		8.3–801. 1
1204	1163
1205		-	(A) AN EMPLOYER SHALL PRO VIDE WRITTEN NOTICE TO EACH EMPLOYEE OF 2
1206		-	THE RIGHTS AND ~~DUTIE S~~ OF AN EMPLOYEE ~~UND ER~~ THIS TITLE AT THE TIME OF ~~HIRE~~ 3
1207		-	AND ANNUALLY ~~THEREAFTER~~ . 4
	1164	+	(A) AN EMPLOYER SHALL PRO VIDE WRITTEN NOTICE TO EACH EMPLOYEE 2
	1165	+	OF THE RIGHTS AND DU TIES OF AN EMPLOYEE UNDER THIS TITLE AT THE TIME OF 3
	1166	+	HIRE AND ANNUALLY TH EREAFTER. 4
1208	1167
1209	1168		(B) (1) WHEN AN EMPLOYEE REQU ESTS LEAVE UNDER THI S TITLE, OR 5
1210	1169		WHEN AN EMPLOYER KNO WS THAT AN EMPLOYEE ’S LEAVE MAY BE FOR A REASON 6
1211	1170		UNDER § 8.3–302 OF THIS TITLE, THE EMPLOYER SHALL N OTIFY THE EM PLOYEE OF 7
1212	1171		THE EMPLOYEE ’S ELIGIBILITY TO TAK E LEAVE FOR WHICH BE NEFITS MAY BE PAID 8
1213	1172		UNDER THIS TITLE WIT HIN 5 BUSINESS DAYS. 9
1214	1173
1215	1174		(2) THE NOTICE PROVIDED U NDER PARAGRAPH (1) OF THIS 10
1216	1175		SUBSECTION SHALL INC LUDE: 11
1217	1176
1218	1177		(I) THE RIGHT OF AN ELIG IBLE EMPLOYEE TO REC EIVE 12
1219	1178		PROGRAM BENEFITS UNDE R THIS TITLE; 13
1220	1179
1221	1180		(II) THE PROCEDURE FOR FI LING A CLAIM FOR BEN EFITS; 14
1222	1181
1223	1182		(III) AN ELIGIBLE EMPLOYEE ’S RESPONSIBILITIES W ITH 15
1224	1183		RESPECT TO PROVIDING NOTIFICATION PRIOR T O THE COMMENCEMENT O F LEAVE 16
1225	1184		AND ANY PENALTIES FO R FAILING TO DO SO; 17
1226	1185
1227	1186		(IV) THE RIGHT OF AN EMPL OYEE TO FILE A COMPL AINT FOR 18
1228	1187		ALLEGED VIOLATIONS O F THIS TITLE; 19
1229	1188
1230	1189		(V) THE RIGHT OF AN ELIG IBLE EMPLOYEE TO JOB 20
1231	1190		PROTECTION ; AND 21
1232	1191
1233	1192		(VI) A DESCRIPTION OF THE PROHIBITED ACTS , PENALTIES, AND 22
1234	1193		COMPLAINT PROCEDURES UNDER SUBTITLE 9 OF THIS TITLE. 23
1235	1194
1236		-	(C) ~~(1)~~ THE ~~DEPARTMENT~~ SHALL ~~DE VELOP STANDARD NOTIC ES FOR AN~~ 24
1237		-	~~EMPLOYER TO USE UNDE R THIS SUBTITLE~~. 25
	1195	+	(C) THE NOTICES REQUIRED UNDER THIS SUBTITLE SHALL BE PROVIDED IN 24
	1196	+	ACCORDANCE WITH REGU LATIONS ADOPTED BY T HE SECRETARY. 25
1238	1197
1239		-	(2) THE NOTICES REQUIRED UNDER THIS SUBTITLE SHALL BE 26
1240		-	PROVIDED IN ACCORDAN CE WITH REGULATIONS ADOPTED BY THE SECRETARY. 27
	1198	+	SUBTITLE 9. PROHIBITED ACTS; PENALTIES. 26
1241	1199
1242		-	~~SUBTITLE 9~~. ~~PROHIBITED ACTS; PENALTIES. 28~~
	1200	+	8.3–901. 27
1243	1201
1244		-	8.3–901. 29
	1202	+	(A) IF AN INDIVIDUAL WILL FULLY MAKES A FALSE STATEMENT OR 28
	1203	+	MISREPRESENTATION RE GARDING A MATERIAL F ACT OR WILLFULLY FAI LS TO 29
	1204	+	REPORT A MATERIAL FA CT TO OBTAIN BENEFIT S UNDER THIS TITLE , THE 30
	1205	+	INDIVIDUAL IS DISQUA LIFIED FROM RECEIVIN G BENEFITS FOR 1 YEAR. 31 HOUSE BILL 496 27
	1206	+
	1207	+
	1208	+
	1209	+	(B) IF AN EMPLOYER WILLFU LLY MAKES OR CAUSES TO BE MADE A FAL SE 1
	1210	+	STATEMENT OR WILLFUL LY FAILS TO REPORT A MATERIAL FACT REGARD ING A 2
	1211	+	CLAIM FOR BENEFITS B Y AN EMPLOYEE , THE EMPLOYER IS SUBJ ECT TO A CIVIL 3
	1212	+	PENALTY OF UP TO $1,000 FOR EACH OCCURRENCE . 4
	1213	+
	1214	+	(C) AN EMPLOYER MAY NOT W ILLFULLY: 5
	1215	+
	1216	+	(1) FAIL OR REFUSE TO PA Y CONTRIBUTIONS TO THE FUND; OR 6
	1217	+
	1218	+	(2) TAKE DEDUCTIONS FROM THE WAGES OF AN EMPL OYEE TO PAY 7
	1219	+	ANY PORTION OF THE E MPLOYER CONTRIBUTION S DUE FROM THE EMPLO YER. 8
	1220	+
	1221	+	8.3–902. 9
	1222	+
	1223	+	(A) THE DIVISION MAY SEEK REP AYMENT OF BENEFITS F ROM AN 10
	1224	+	INDIVIDUAL WHO RECEI VED BENEFITS UNDE R THIS TITLE IF: 11
	1225	+
	1226	+	(1) THE BENEFITS WERE PA ID ERRONEOUSLY OR AS A RESULT OF 12
	1227	+	WILLFUL MISREPRESENT ATION BY THE INDIVID UAL; OR 13
	1228	+
	1229	+	(2) A CLAIM FOR BENEFITS UNDER THIS TITLE IS REJECTED AFTER 14
	1230	+	THE BENEFITS WERE PA ID. 15
	1231	+
	1232	+	(B) THE SECRETARY MAY WAIVE I N WHOLE OR IN PART THE REPAYMENT O F 16
	1233	+	BENEFITS UNDER SUBSE CTION (A) OF THIS SECTION IF: 17
	1234	+
	1235	+	(1) THE ERROR IN PAYMENT WAS NOT DUE TO ANY F ALSE STATEMENT , 18
	1236	+	NONDISCLOSURE OF MAT ERIAL FACT, OR MISREPRESENTATION BY A COVERED 19
	1237	+	INDIVIDUAL; OR 20
	1238	+
	1239	+	(2) THE REPAYMENT WOULD BE AGAINST EQUITY AND GOOD 21
	1240	+	CONSCIENCE OR ADMINI STRATIVE EFFICIENCY . 22
	1241	+
	1242	+	8.3–903. 23
	1243	+
	1244	+	IF AN EMPLOYER FAILS TO PAY THE CONTRIBUT IONS DUE TO THE FUND, THE 24
	1245	+	SECRETARY MAY , IN ACCORDANCE WITH § 8.3–404 OF THIS TITLE: 25
	1246	+
	1247	+	(1) ASSESS THE AMOUNT OF CONTRIBUTIONS AND IN TEREST DUE; 26
	1248	+
	1249	+	(2) MAKE AN ADDITIONAL A SSESSMENT IN AN AMOU NT NOT TO 27
	1250	+	EXCEED TWO TIMES THE CONTRIBUTIONS WITHHE LD, AS A PENALTY FOR FAI LURE 28
	1251	+	TO PAY THE CONTRIBUT IONS DUE; AND 29
1245	1252		28 HOUSE BILL 496
1246	1253
1247	1254
1248		-	(A) IF AN INDIVIDUAL WILLFULLY MAKES A FALSE STATEM ENT OR 1
1249		-	MISREPRESENTATION RE GARDING A MATERIAL F ACT OR WILLFULLY FAI LS TO 2
1250		-	REPORT A MATERIAL FA CT TO OBTAIN BENEFIT S UNDER THIS TITLE , THE 3
1251		-	INDIVIDUAL IS DISQUA LIFIED FROM RECEIVIN G BENEFITS FOR 1 YEAR. 4
	1255	+	(3) ORDER AN AUDIT OF TH E EMPLOYER FOR THE I MMEDIATELY 1
	1256	+	FOLLOWING FISCAL YEA R TO INVESTIGATE AND DETERMINE COMPLI ANCE WITH 2
	1257	+	THIS TITLE AND TITLES 3, 8, AND 9 OF THIS ARTICLE. 3
1252	1258
1253		-	(B) IF AN EMPLOYER WILLFULLY MAKE S OR CAUSES TO BE MA DE A FALSE 5
1254		-	STATEMENT OR WILLFUL LY FAILS TO REPORT A MATERIAL FACT REGARD ING A CLAIM 6
1255		-	FOR BENEFITS BY AN E MPLOYEE, THE EMPLOYER IS SUBJ ECT TO A CIVIL PENAL TY OF 7
1256		-	UP TO $1,000 FOR EACH OCCURRENCE . 8
	1259	+	8.3–904. 4
1257	1260
1258		-	(C) AN EMPLOYER MAY N OT WILLFULLY: 9
	1261	+	A PERSON MAY NOT DISCH ARGE, DEMOTE, OR OTHERWISE DISCRIM INATE OR 5
	1262	+	TAKE ADVERSE ACTION AGAINST A COVERED IN DIVIDUAL BECAUSE THE COVERED 6
	1263	+	INDIVIDUAL HAS: 7
1259	1264
1260		-	(1) FAIL OR REFUSE TO PA Y CONTRIBUTIONS TO T HE FUND; OR 10
	1265	+	(1) FILED FOR, APPLIED FOR, OR RECEIVED BENEFITS , OR TAKEN 8
	1266	+	FAMILY OR MEDICAL LE AVE FOR WHICH BENEFI TS MAY BE PAID UNDER THIS TITLE; 9
1261	1267
1262		-	(2) ~~TAKE DEDUCTIONS FROM~~ THE ~~WAGES OF AN EMPL OYEE TO PAY 11~~
1263		-	~~ANY PORTION OF THE E MPLOYER CONTRIBUTION S DUE FROM THE EMPLO YER. 12~~
	1268	+	(2) INQUIRED ABOUT THE R IGHTS AND RESPONSIBI LITIES UNDER 10
	1269	+	THIS TITLE; 11
1264	1270
1265		-	8.3–902. 13
	1271	+	(3) COMMUNICATED TO THE PERSON AN INTENT TO FILE A CLAIM, A 12
	1272	+	COMPLAINT, OR AN APPEAL UNDER T HIS TITLE; OR 13
1266	1273
1267		-	(A) ~~THE DEPARTMENT MAY SEEK R EPAYMENT OF BENE FITS FROM AN~~ 14
1268		-	~~INDIVIDUAL WHO RECEI VED BENEFITS UNDER T HIS~~ TITLE ~~IF:~~ 15
	1274	+	(4) TESTIFIED OR INTENDS TO TESTIFY OR OTHERW ISE HAS ASSISTED 14
	1275	+	IN A PROCEEDING UNDE R THIS TITLE. 15
1269	1276
1270		-	(1) THE BENEFITS WERE PA ID ERRONEOUSLY OR AS A RESULT OF 16
1271		-	WILLFUL MISREPRESENT ATION BY THE INDIVID UAL; OR 17
	1277	+	8.3–905. 16
1272	1278
1273		-	(2) A CLAIM FOR BENEFITS UNDER THIS TITLE IS REJECTED AFTER 18
1274		-	THE BENEFITS WERE PAID. 19
	1279	+	(A) (1) AN EMPLOYEE ALLEGING A VIOLATION OF THIS SUBTITLE MAY 17
	1280	+	FILE A COMPLAINT WIT H THE SECRETARY TO RECOVER LOST WAGE S AND DAMAGES 18
	1281	+	EQUAL TO THE AMOUNT OF WAGES, SALARY, EMPLOYMENT BENEFITS , OR OTHER 19
	1282	+	COMPENSATION DENIED OR LOST, AND APPROPRIATE PUNI TIVE DAMAGES . 20
1275	1283
1276		-	(B) THE SECRETARY MAY WAIVE I N WHOLE OR IN PART T HE REPAYMENT OF 20
1277		-	BENEFITS UNDER SUBSE CTION (A) OF THIS SECTION IF: 21
	1284	+	(2) A COMPLAINT UNDER THIS SUBSECTION MAY ALSO SEEK 21
	1285	+	APPROPRIATE RELIEF I NCLUDING REINSTA TEMENT OR THE HIRING OF EMPLOYEES 22
	1286	+	WITH OR WITHOUT BACK PAY. 23
1278	1287
1279		-	(1) ~~THE ERROR IN PAYMENT WAS~~ NOT ~~DUE TO ANY F ALSE STATEMENT , 22~~
1280		-	~~NONDISCLOSURE~~ OF ~~MAT ERIAL FACT,~~ OR ~~MISREPRESENTATION BY A COVERED 23~~
1281		-	~~INDIVIDUAL; OR 24~~
	1288	+	(B) THIS SECTION DOES NOT DEPRIVE A PRIVATE RI GHT OR CAUSE OF 24
	1289	+	ACTION TO ANY EMPLOY EE FOR VIOLATIONS OF § 8.3–904 OF THIS SUBTITLE OR § 25
	1290	+	8.3–707 OF THIS TITLE. 26
1282	1291
1283		-	(2) THE REPAYMENT WOULD BE AGAINST EQUITY AN D GOOD 25
1284		-	CONSCIENCE OR ADMINI STRATIVE EFFICIENCY . 26
	1292	+	8.3–906. 27
1285	1293
1286		-	8.3–903. 27
1287		-
1288		-	IF AN EMPLOYER FAILS TO PAY THE CONTRIBUT IONS DUE TO THE FUND, THE 28
1289		-	SECRETARY MAY , IN ACCORDANCE WITH § 8.3–404 OF THIS TITLE: 29
1290		-
1291		-	(1) ASSESS THE AMOUNT OF CONTRIBUTIONS AND IN TEREST DUE; 30 HOUSE BILL 496 29
	1294	+	(A) (1) NOTWITHSTANDING ANY ADMINISTRATIVE R EMEDY AVAILABLE 28
	1295	+	UNDER § 8.3–905 OF THIS SUBTITLE, AN EMPLOYEE MAY BRIN G AN ACTION AGAINST 29
	1296	+	AN EMPLOYER FOR VIOL ATIONS OF § 8.3–904 OF THIS SUBTITLE OR § 8.3–707 OR § 30
	1297	+	8.3–708 OF THIS TITLE TO REC OVER LOST WAGES AND DAMAGES EQUAL TO THE 31 HOUSE BILL 496 29
1292	1298
1293	1299
	1300	+	AMOUNT OF WAGES , SALARY, EMPLOYMENT BENEFITS , OR OTHER COMPENSATIO N 1
	1301	+	DENIED OR LOST , AND APPROPRIATE PUNI TIVE DAMAGES . 2
1294	1302
1295		-	(2) ~~MAKE~~ AN ~~ADDITIONAL A SSESSMENT IN AN AMOU NT NOT TO 1~~
1296		-	~~EXCEED TWO TIMES~~ THE ~~CONTRIBUTIONS WITHHE LD, AS A PENALTY FOR FAI LURE 2~~
1297		-	TO PAY ~~THE CONTRIBUT IONS DUE; AND 3~~
	1303	+	(2) AN ACTION UNDER THIS SUBSECTION MAY SEEK INJUNCTIVE AND 3
	1304	+	OTHER APPROPRIATE EQ UITABLE RELIEF INCLU DING REINSTATEMENT O R THE 4
	1305	+	HIRING OF EMPLOYEES WITH OR WIT HOUT BACK PAY . 5
1298	1306
1299		-	(3) ~~ORDER~~ AN ~~AUDIT OF TH E EMPLOYER FOR THE IMMEDIATELY 4~~
1300		-	~~FOLLOWING FISCAL YEA R TO INVESTIGATE AND DETERMINE COMPLIANCE WITH~~ THIS 5
1301		-	~~TITLE~~ AND ~~TITLES 3,~~ 8~~, AND 9 OF THIS ARTICLE. 6~~
	1307	+	(B) ON A FINDING THAT AN EMPLOYEE IS ENTITLED TO JUDGMENT IN AN 6
	1308	+	ACTION UNDER SUBSECT ION (A) OF THIS SECTION , THE COURT SHALL ALLO W 7
	1309	+	AGAINST THE EMPLOYER REASONABLE ATTORNEY ’S FEES AND OTHER COS TS. 8
1302	1310
1303		-	8.3–~~904~~. 7
	1311	+	8.3–907. 9
1304	1312
1305		-	A PERSON MAY NOT DISCH ARGE, DEMOTE, OR OTHERWISE DISCRIM INATE OR 8
1306		-	TAKE ADVERSE ACTION AGAINST A COVERED IN DIVIDUAL BECAUSE THE COVE RED 9
1307		-	INDIVIDUAL HAS: 10
	1313	+	(A) (1) THE SECRETARY SHALL ESTAB LISH A SYSTEM FOR AP PEALS BY 10
	1314	+	COVERED INDIVIDUALS IN THE CASE OF DENIA L OF BENEFITS UNDER THIS TITLE. 11
1308	1315
1309		-	(1) FILED FOR, APPLIED FOR, OR RECEIVED BENEFITS , OR TAKEN 11
1310		-	FAMILY OR MEDICAL LE AVE FOR WHICH BENEFI TS MAY BE PAID UNDER THIS TITLE; 12
	1316	+	(2) THE SECRETARY MAY USE THE PROCEDURES UNDER § 8–806 OF 12
	1317	+	THIS ARTICLE FOR THE SYSTEM REQUIRED UNDE R PARAGRAPH (1) OF THIS 13
	1318	+	SUBSECTION. 14
1311	1319
1312		-	(2) INQUIRED ABOUT THE R IGHTS AND RESPONSIBI LITIES UNDER 13
1313		-	THIS TITLE; 14
	1320	+	(B) JUDICIAL REVIEW OF AN Y DECISION WITH RESP ECT TO BENEFITS 15
	1321	+	UNDER THIS TITLE SHA LL BE ALLOWED IN A C OURT OF COMPETENT JU RISDICTION 16
	1322	+	AFTER AN AGGRIEVED P ARTY HAS EXHAUSTED A LL ADMINISTRATIVE RE MEDIES 17
	1323	+	ESTABLISHED BY THE SECRETARY UNDER THIS TITLE. 18
1314	1324
1315		-	(3) COMMUNICATED TO THE PE RSON AN INTENT TO FI LE A CLAIM, A 15
1316		-	COMPLAINT, OR AN APPEAL UNDER T HIS TITLE; OR 16
	1325	+	(C) THE SECRETARY SHALL IMPLE MENT PROCEDURES TO E NSURE 19
	1326	+	CONFIDENTIALITY OF A LL INFORMATION RELAT ED TO ANY CLAIMS FIL ED OR 20
	1327	+	APPEALS TAKEN TO THE MAXIMUM EXTENT ALLOW ED BY LAW. 21
1317	1328
1318		-	(4) TESTIFIED OR INTENDS TO TESTIFY OR OTHERW ISE HAS ASSISTED 17
1319		-	IN A PROCEEDING UNDE R THIS TITLE. 18
	1329	+	SUBTITLE 10. SHORT TITLE. 22
1320	1330
1321		-	8.3–~~905~~. 19
	1331	+	8.3–1001. 23
1322	1332
1323		-	~~(A) IF AN EMPLOYEE BELIEV ES THAT AN EMPLOYER HAS VIOLATED~~ THIS 20
1324		-	~~TITLE, THE EMPLOYEE MAY FIL E A WRITTEN COMPLAIN T WITH THE SECRETARY~~. 21
	1333	+	THIS TITLE MAY BE CIT ED AS THE MARYLAND FAMILY AND MEDICAL LEAVE 24
	1334	+	INSURANCE PROGRAM. 25
1325	1335
1326		-	(B) (1) WITHIN 90 DAYS AFTER THE RECEI PT OF A WRITTEN COMP LAINT, 22
1327		-	THE SECRETARY SHALL CONDU CT AN INVESTIGATION AND ATTEMPT TO RESOL VE 23
1328		-	THE ISSUE INFORMALLY THROUGH MEDIATION. 24
	1336	+	Article – State Finance and Procurement 26
1329	1337
1330		-	(2) (I) IF THE SECRETARY IS UNABLE T O RESOLVE AN ISSUE 25
1331		-	THROUGH MEDIATION DU RING THE PERIOD STAT ED IN PARAGRAPH (1) OF THIS 26
1332		-	SUBSECTION AND THE SECRETARY DETERMINES THAT AN EMPLOYER HAS VIOLATED 27
1333		-	THIS SUBTITLE, THE SECRETARY SHALL ISSUE AN ORDER. 28
	1338	+	6–226. 27
1334	1339
1335		-	(II) AN ORDER ISSUED UNDER SUBPARAGRAPH (I) OF THIS 29
1336		-	PARAGRAPH : 30
1337		-	30 HOUSE BILL 496
	1340	+	(a) (2) (i) Notwithstanding any other provision of law, and unless 28
	1341	+	inconsistent with a federal law, grant agreement, or other federal requirement or with the 29
	1342	+	terms of a gift or settlement agreement, net interest on all State money allocated by the 30
	1343	+	State Treasurer under this section to special funds or accounts, and otherwise entitled to 31 30 HOUSE BILL 496
1338	1344
1339	1345
1340		-	1. SHALL DESCRIBE THE V IOLATION; 1
	1346	+	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 1
	1347	+	Fund of the State. 2
1341	1348
1342		-	2. SHALL DIRECT, IF APPROPRIATE , THE RECOVERY OF 2
1343		-	LOST WAGES AND DAMAG ES EQUAL TO THE AMOU NT OF WAGES , SALARY, 3
1344		-	EMPLOYMENT BENEFITS , OR OTHER COMP ENSATION DENIED OR L OST, AND ANY 4
1345		-	ACTUAL ECONOMIC DAMA GES; 5
	1349	+	(ii) The provisions of subparagraph (i) of this paragraph do not apply 3
	1350	+	to the following funds: 4
1346	1351
1347		-	3. ~~MAY, IN~~ THE ~~SECRETARY’S DISCRETION , SEEK 6~~
1348		-	~~REINSTATEMENT OR THE HIRING OF EMPLOYEES WITH OR WITHOUT BACK PAY; AND 7~~
	1352	+	144. the Health Equity Resource Community Reserve Fund; 5
	1353	+	[and] 6
1349	1354
1350		-	4. MAY, IN THE COMMISSIONER ’S DISCRETION, ASSESS A 8
1351		-	CIVIL PENALTY OF UP TO $1,000 FOR EACH EMPLOYEE FO R WHOM THE EMPLOYER IS 9
1352		-	NOT IN COMPLIANCE WI TH THIS TITLE. 10
	1355	+	145. the Access to Counsel in Evictions Special Fund; AND 7
1353	1356
1354		-	(3) THE ACTIONS TAKEN UND ER PARAGRAPHS (1) AND (2) OF THIS 11
1355		-	SUBSECTION ARE SUBJE CT TO THE HEARING AN D NOTICE REQUIREMENT S OF TITLE 12
1356		-	10, SUBTITLE 2 OF THE STATE GOVERNMEN T ARTICLE. 13
	1357	+	146. THE FAMILY AND MEDICAL LEAVE INSURANCE 8
	1358	+	FUND. 9
1357	1359
1358		-	(C) (1) WITHIN 30 DAYS AFTER THE SECRETARY ISSUES AN O RDER, AN 14
1359		-	EMPLOYER SHALL COMPL Y WITH THE ORDER . 15
	1360	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 10
	1361	+	apply only prospectively and may not be applied or interpreted to have any effect on or 11
	1362	+	application to any collective bargaining agreement entered into before the effective date of 12
	1363	+	this Act. 13
1360	1364
1361		-	(2) IF AN EMPLOYER DOES N OT COMPLY WITH AN OR DER WITHIN THE 16
1362		-	TIME PERIOD STATED I N PARAGRAPH (1) OF THIS SUBSECTION : 17
	1365	+	SECTION 3. AND BE IT FURTHER ENACTED, That, on or before October 1, 2022, 14
	1366	+	the Secretary of Labor shall adopt regulations as required under § 8.3–403 of the Labor and 15
	1367	+	Employment Article, as enacted by Section 1 of this Act it is the intent of the General 16
	1368	+	Assembly that $25,000,000 be set aside in the fiscal year 2023 budget to support the work 17
	1369	+	of the Commission on the Establishment of a Family Medical Leave and Insurance 18
	1370	+	Program, as enacted by Section 1 of this Act, and any other changes necessary for the 19
	1371	+	Maryland Department of Labor to prepare for the implementation of a Family Medical 20
	1372	+	Leave and Insurance Program. 21
1363	1373
1364		-	(I) THE SECRETARY M AY: 18
	1374	+	SECTION 4. 3. AND BE IT FURTHER ENACTED, That it is the intent of the 22
	1375	+	General Assembly that the statutory framework establishing a Family Medical Leave and 23
	1376	+	Insurance Program in the State shall: 24
1365	1377
1366		-	1~~. WITH~~ THE ~~WRITTEN CON SENT OF THE EMPLOYEE , ASK 19~~
1367		-	~~THE ATTORNEY GENERAL~~ TO ~~BRING AN A CTION ON BEHALF OF T HE EMPLOYEE IN 20~~
1368		-	~~THE COUNTY WHERE~~ THE ~~EMPLOYER IS LOCATED~~ ; ~~OR 21~~
	1378	+	(1) general funds be loaned to the Family and Medical Leave Insurance 25
	1379	+	Fund by July 1, 2023, in an amount sufficient to supplement contributions and provide 26
	1380	+	funding for costs to administer the Family and Medical Leave Insurance Program; and 27
1369	1381
1370		-	2. BRING AN ACTION TO E NFORCE THE ORDER FOR THE 22
1371		-	CIVIL PENALTY IN THE COUNTY WHERE THE EMPLOYER I S LOCATED; AND 23
	1382	+	(2) any funds loaned to the Family and Medical Leave Insurance Fund be 28
	1383	+	repaid to the General Fund by the Secretary of Labor as soon as the Fund receives enough 29
	1384	+	contributions to become self–sustaining be effective not later than June 1, 2023; 30
1372	1385
1373		-	(II) ~~WITHIN 3 YEARS AFTER~~ THE ~~DATE~~ OF ~~THE ORDER , AN 24~~
1374		-	~~EMPLOYEE MAY BRING A CIVIL ACTION TO ENFO RCE~~ THE ~~ORDER IN THE COUNTY 25~~
1375		-	~~WHERE THE EMPLOYER I S LOCATED.~~ 26
	1386	+	(2) include, to the extent practicable, the findings and recommendations of 31
	1387	+	the Commission on the Family Medical Leave and Insurance Program, as enact ed by 32
	1388	+	Section 1 of this Act; 33
1376	1389
1377		-	(3) IF AN EMPLOYEE PREVAI LS IN AN ACTION BROU GHT UNDER 27
1378		-	PARAGRAPH (2)(II) OF THIS SUBSECTION T O ENFORCE AN ORDER , THE COURT MAY 28
1379		-	AWARD: 29
1380		-
1381		-	(I) THREE TIMES THE VALU E OF THE EMPLOYEE ’S LOST WAGES 30
1382		-	AND DAMAGES EQUAL TO THE AMOUNT OF WAGES , SALARY, EMPLOYMENT BENEFITS , 31
1383		-	OR OTHER COMPENSATIO N DENIED OR LOST ; 32 HOUSE BILL 496 31
	1390	+	(3) enable individuals to receive benefits under the Program by June 1, 34
	1391	+	2024; 35
	1392	+	HOUSE BILL 496 31
1384	1393
1385	1394
	1395	+	(4) require employers and employees to share in the cost of contributions 1
	1396	+	to fund the Program; and 2
1386	1397
1387		-	(II) ~~PUNITIVE DAMAGES IN AN AMOUNT~~ TO ~~BE DETE RMINED BY 1~~
1388		-	~~THE COURT;~~ 2
	1398	+	(5) generally provide temporary benefits to certain individuals who take 3
	1399	+	leave from employment for family– and medical–related reasons. 4
1389	1400
1390		-	(III) REASONABLE COUNSEL F EES AND OTHER COSTS ; 3
1391		-
1392		-	(IV) INJUNCTIVE RELIEF , IF APPROPRIATE; AND 4
1393		-
1394		-	(V) ANY OTHER RELIEF THA T THE COURT DEEMS AP PROPRIATE. 5
1395		-
1396		-	8.3–906. 6
1397		-
1398		-	(A) (1) THE SECRETARY SH ALL ESTABLISH A SYST EM FOR APPEALS BY 7
1399		-	COVERED INDIVIDUALS IN THE CASE OF DENIA L OF BENEFITS UNDER THIS TITLE. 8
1400		-
1401		-	(2) THE SECRETARY MAY USE THE PROCEDURES UNDER § 8–806 OF 9
1402		-	THIS ARTICLE FOR THE SYSTEM REQUIRED UNDE R PARAGRAPH (1) OF THIS 10
1403		-	SUBSECTION. 11
1404		-
1405		-	(B) JUDICIAL REVIEW OF AN Y DECISION WITH RESP ECT TO BENEFITS UNDE R 12
1406		-	THIS TITLE SHALL BE ALLOWED IN A COURT O F COMPETENT JURISDIC TION AFTER 13
1407		-	AN AGGRIEVED PARTY H AS EXHAUSTED ALL ADM INISTRATIVE REMEDIES 14
1408		-	ESTABLISHED BY THE SECRETARY UNDER THIS TITLE. 15
1409		-
1410		-	(C) THE SECRETARY SHALL IMPLEMEN T PROCEDURES TO ENSU RE 16
1411		-	CONFIDENTIALITY OF A LL INFORMATION RELAT ED TO ANY CLAIMS FIL ED OR 17
1412		-	APPEALS TAKEN TO THE MAXIMUM EXTENT ALLOW ED BY LAW. 18
1413		-
1414		-	SUBTITLE 10. SHORT TITLE. 19
1415		-
1416		-	8.3–1001. 20
1417		-
1418		-	THIS TITLE MAY BE CIT ED AS THE MARYLAND FAMILY AND MEDICAL LEAVE 21
1419		-	INSURANCE PROGRAM. 22
1420		-
1421		-	Article – State Finance and Procurement 23
1422		-
1423		-	6–226. 24
1424		-
1425		-	(a) (2) (i) Notwithstanding any other provision of law, and unless 25
1426		-	inconsistent with a federal law, grant agreement, or other federal requirement or with the 26
1427		-	terms of a gift or settlement agreement, net interest on all State money allocated by the State 27
1428		-	Treasurer under this section to special funds or accounts, and otherwise entitled to receive 28
1429		-	interest earnings, as accounted for by the Comptroller, shall accrue to the General Fund of 29
1430		-	the State. 30 32 HOUSE BILL 496
1431		-
1432		-
1433		-
1434		-	(ii) The provisions of subparagraph (i) of this paragraph do not apply 1
1435		-	to the following funds: 2
1436		-
1437		-	144. the Health Equity Resource Community Reserve Fund; 3
1438		-	[and] 4
1439		-
1440		-	145. the Access to Counsel in Evictions Special Fund; AND 5
1441		-
1442		-	146. THE FAMILY AND MEDICAL LEAVE INSURANCE FUND. 6
1443		-
1444		-	(a) There is a Commission on the Establishment of a Family Medical Leave and 7
1445		-	Insurance Program. 8
1446		-
1447		-	(b) The purpose of the Commission is to study and make recommendations for 9
1448		-	establishing a Family Medical Leave and Insurance Program in the State. 10
1449		-
1450		-	(c) The Commission consists of the following members: 11
1451		-
1452		-	(1) two members of the Senate, appointed by the President of the Senate; 12
1453		-
1454		-	(2) two members of the House of Delegates, appointed by the Speaker of 13
1455		-	the House of Delegates; 14
1456		-
1457		-	(3) the Secretary of Labor, or the Secretary’s designee; 15
1458		-
1459		-	(4) the State Treasurer, or the State Treasurer’s designee; 16
1460		-
1461		-	(5) the Comptroller, or the Comptroller’s designee; 17
1462		-
1463		-	(6) one representative of the National Federation of Independent Business, 18
1464		-	designated by the President of the National Federation of Independent Business; 19
1465		-
1466		-	(7) one representative of the Maryland Chamber of Commerce, designated 20
1467		-	by the President of the Maryland Chamber of Commerce; 21
1468		-
1469		-	(8) one representative of the Maryland Retailers Association, designated 22
1470		-	by the President of the Maryland Retailers Association; and 23
1471		-
1472		-	(9) the following members, appointed jointly by the President of the Senate 24
1473		-	and the Speaker of the House of Delegates: 25
1474		-
1475		-	(i) one representative from a national organization with expertise 26
1476		-	in the implementation of family medical and leave insurance programs in other states; 27
1477		-
1478		-	(ii) one representative from a private sector labor union; 28 HOUSE BILL 496 33
1479		-
1480		-
1481		-
1482		-	(iii) one representative of a community organization that advocates 1
1483		-	for working families; and 2
1484		-
1485		-	(iv) one economist. 3
1486		-
1487		-	(d) The President of the Senate and the Speaker of the House of Delegates shall 4
1488		-	appoint cochairs of the Commission from among its members as follows: 5
1489		-
1490		-	(i) one cochair from the Senate, appointed by the President of the Senate; 6
1491		-	and 7
1492		-
1493		-	(ii) one cochair from the House of Delegates, appointed by the Speaker of 8
1494		-	the House of Delegates. 9
1495		-
1496		-	(e) The Maryland Department of Labor and the Department of Legislative 10
1497		-	Services jointly shall provide staff for the Commission. 11
1498		-
1499		-	(f) A member of the Commission: 12
1500		-
1501		-	(1) may not receive compensation as a member of the Commission; but 13
1502		-
1503		-	(2) is entitled to reimbursement of expenses under the Standard State 14
1504		-	Travel Regulations, as provided in the State budget. 15
1505		-
1506		-	(g) The Commission shall study and make recommendations on establishing a 16
1507		-	Family Medical Leave and Insurance Program in the State, including recommendations 17
1508		-	regarding: 18
1509		-
1510		-	(1) when employers and employees should begin making contributions to 19
1511		-	fund the Program so that benefits under the Program are able to begin being paid not later 20
1512		-	than January 1, 2024; 21
1513		-
1514		-	(2) the appropriate cost sharing formula between employers and employees 22
1515		-	for making contributions to fund the Program, including various formulas that range 23
1516		-	between a cost share of: 24
1517		-
1518		-	(i) 1. 75% paid by employers; and 25
1519		-
1520		-	2. 25% paid by employees; and 26
1521		-
1522		-	(ii) 1. 25% paid by employers; and 27
1523		-
1524		-	2. 75% paid by employees; 28
1525		-
1526		-	(3) to what extent, if any, the cost shared between employers and 29
1527		-	employees should affect or determine the leave benefits provided to employees under the 30 34 HOUSE BILL 496
1528		-
1529		-
1530		-	Program, including whether the proportion of the cost shared should impact who approves 1
1531		-	employees to take leave under the Program; 2
1532		-
1533		-	(4) any oversight mechanisms for the Program; 3
1534		-
1535		-	(5) the appropriate eligibility criteria for an individual to qualify for leave 4
1536		-	benefits under the Program; 5
1537		-
1538		-	(6) the appropriate duration for which an individual may receive leave 6
1539		-	benefits under the Program; 7
1540		-
1541		-	(7) the cost, efficiency, and benefits of the Maryland Department of Labor 8
1542		-	issuing a request for proposals seeking the services of an outside contractor for the 9
1543		-	following: 10
1544		-
1545		-	(i) premium collection; 11
1546		-
1547		-	(ii) claims administration; 12
1548		-
1549		-	(iii) data management; 13
1550		-
1551		-	(iv) fraud control; 14
1552		-
1553		-	(v) marketing and advertising; or 15
1554		-
1555		-	(vi) implementing any other elements of the Program; 16
1556		-
1557		-	(8) the minimum time an individual should be employed with the 17
1558		-	individual’s employer before qualifying for leave benefits under the Program; and 18
1559		-
1560		-	(9) any other relevant aspects of family medical and leave insurance 19
1561		-	programs as determined by the Commission. 20
1562		-
1563		-	(h) In conducting the study and making recommendations under subsection (g) of 21
1564		-	this section, the Commission shall consider: 22
1565		-
1566		-	(1) how other states have established family medical leave and insurance 23
1567		-	programs; and 24
1568		-
1569		-	(2) the results from an actuarial analysis regarding sustainable funding 25
1570		-	levels. 26
1571		-
1572		-	(i) The Commission shall contract with any consultants necessary to carry out 27
1573		-	this section. 28
1574		-	HOUSE BILL 496 35
1575		-
1576		-
1577		-	(j) On or before December 1, 2022, the Commission shall report its findings and 1
1578		-	recommendations to the Governor and, in accordance with § 2 –1257 of the State 2
1579		-	Government Article, the General Assembly. 3
1580		-
1581		-	Article – Labor and Employment 4
1582		-
1583		-	TITLE 8.3. FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. 5
1584		-
1585		-	SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS. 6
1586		-
1587		-	8.3–101. 7
1588		-
1589		-	(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 8
1590		-	INDICATED. 9
1591		-
1592		-	(B) “APPLICATION YEAR ” MEANS THE 12–MONTH PERIOD BEGINNI NG ON 10
1593		-	THE FIRST DAY OF THE CALENDAR WEEK IN WHI CH A COVERED INDIVID UAL FILES 11
1594		-	AN APPLICATION FOR B ENEFITS. 12
1595		-
1596		-	(C) “BENEFITS” MEANS THE MONEY PAYA BLE UNDER THIS TITLE TO A 13
1597		-	COVERED INDIVIDUAL . 14
1598		-
1599		-	(D) “COVERED EMPLOYEE ” MEANS AN EMPLOYEE WH O HAS WORKED AT 15
1600		-	LEAST 680 HOURS OVER THE 12–MONTH PERIOD IMMEDIA TELY PRECEDING THE 16
1601		-	DATE ON WHICH LEAVE IS TO BEGIN. 17
1602		-
1603		-	(E) “COVERED INDIVIDUAL ” MEANS A COVERED EMPL OYEE OR A 18
1604		-	SELF–EMPLOYED INDIVIDUAL WHO ELECTS TO PARTIC IPATE IN THE PROGRAM 19
1605		-	UNDER § 8.3–201 OF THIS TITLE. 20
1606		-
1607		-	(F) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF LABOR. 21
1608		-
1609		-	(G) “DIVISION” MEANS THE DIVISION OF FAMILY AND MEDICAL LEAVE 22
1610		-	INSURANCE. 23
1611		-
1612		-	(H) “EMPLOYER” MEANS A PERSON OR GO VERNMENTAL ENTITY TH AT 24
1613		-	EMPLOYS AT LEAST ONE INDIVIDUAL IN THE STATE. 25
1614		-
1615		-	(I) “FAMILY MEMBER ” MEANS: 26
1616		-
1617		-	(1) A BIOLOGICAL CHILD , AN ADOPTED CHILD , A FOSTER CHILD, OR A 27
1618		-	STEPCHILD OF THE COV ERED INDIVIDUAL ; 28
1619		-
1620		-	(2) A CHILD FOR WHOM THE COVERED INDIVIDUAL H AS LEGAL OR 29
1621		-	PHYSICAL CUSTODY OR GUARDIANSHIP ; 30 36 HOUSE BILL 496
1622		-
1623		-
1624		-
1625		-	(3) A CHILD FOR WHOM THE COVERED INDIVIDUAL S TANDS IN LOCO 1
1626		-	PARENTIS, REGARDLESS OF THE CH ILD’S AGE; 2
1627		-
1628		-	(4) A BIOLOGICAL PARENT , AN ADOPTIVE PARENT , A FOSTER PARENT , 3
1629		-	OR A STEPPARENT OF T HE COVERED INDIVIDUA L OR OF THE COVERED INDIVIDUAL’S 4
1630		-	SPOUSE; 5
1631		-
1632		-	(5) THE LEGAL GUARDIAN OF THE COVERED INDIVIDUAL O R THE 6
1633		-	WARD OF THE COVERED INDIVIDUAL OR OF THE COVERED INDIVIDUAL ’S SPOUSE; 7
1634		-
1635		-	(6) AN INDIVIDUAL WHO AC TED AS A PARENT OR S TOOD IN LOCO 8
1636		-	PARENTIS TO THE COVE RED INDIVIDUAL OR TH E COVERED INDIVIDUAL ’S SPOUSE 9
1637		-	WHEN THE COVERED INDIVIDUAL O R THE COVERED INDIVI DUAL’S SPOUSE WAS A 10
1638		-	MINOR; 11
1639		-
1640		-	(7) THE SPOUSE OF THE CO VERED INDIVIDUAL ; 12
1641		-
1642		-	(8) A BIOLOGICAL GRANDPA RENT, AN ADOPTED GRANDPARE NT, A 13
1643		-	FOSTER GRANDPARENT , OR A STEPGRANDPARENT OF THE COVERED INDIV IDUAL; 14
1644		-
1645		-	(9) A BIOLOGIC AL GRANDCHILD , AN ADOPTED GRANDCHIL D, A 15
1646		-	FOSTER GRANDCHILD , OR A STEPGRANDCHILD OF THE COVERED INDIV IDUAL; OR 16
1647		-
1648		-	(10) A BIOLOGICAL SIBLING , AN ADOPTED SIBLING , A FOSTER SIBLING, 17
1649		-	OR A STEPSIBLING OF THE COVERED INDIVIDU AL. 18
1650		-
1651		-	(J) “FUND” MEANS THE FAMILY AND MEDICAL LEAVE INSURANCE FUND 19
1652		-	ESTABLISHED UNDER § 8.3–501 OF THIS TITLE. 20
1653		-
1654		-	(K) “GOVERNMENTAL ENTITY ” HAS THE MEANING STAT ED IN § 8–101 OF 21
1655		-	THIS ARTICLE. 22
1656		-
1657		-	(L) “NEXT OF KIN” MEANS THE NEAREST BL OOD RELATIVE . 23
1658		-
1659		-	(M) “PROGRAM” MEANS THE FAMILY AND MEDICAL LEAVE INSURANCE 24
1660		-	PROGRAM ESTABLISHED U NDER § 8.3–301 OF THIS TITLE. 25
1661		-
1662		-	(N) “QUALIFYING EXIGENCY ” MEANS ANY OF THE FOL LOWING REASONS 26
1663		-	FOR WHICH LEAVE MAY BE NEEDED BY A FAMIL Y MEMBER OF A SERVIC E MEMBER: 27
1664		-
1665		-	(1) BECAUSE THE SERVICE MEMBER HAS RECEIVED NOTICE OF 28
1666		-	DEPLOYMENT WITHIN 7 DAYS BEFORE THE DEPL OYMENT IS TO BEGIN ; 29
1667		-	HOUSE BILL 496 37
1668		-
1669		-
1670		-	(2) TO ATTEND MILITARY E VENTS AND RELATED AC TIVITIES 1
1671		-	INCLUDING FAMILY SUP PORT PROGRAMS RELATE D TO THE ACTIVE DUTY OF THE 2
1672		-	SERVICE MEMBER ; 3
1673		-
1674		-	(3) TO ARRANGE , PROVIDE, OR ATTEND CHILD CARE OR SCHOOL 4
1675		-	ACTIVITIES ONLY WHEN THE SERVICE MEMBER I S ON ACTIVE DUTY CAL L OR ACTIVE 5
1676		-	DUTY STATUS; 6
1677		-
1678		-	(4) TO MAKE FINANCIAL AN D LEGAL ARRANGEMENTS FOR THE 7
1679		-	SERVICE MEMBER ’S ABSENCE OR BECAUSE OF THE ABSENCE ; 8
1680		-
1681		-	(5) TO ATTEND COUNS ELING THAT: 9
1682		-
1683		-	(I) IS NEEDED DUE TO THE ACTIVE DUTY OR CALL TO ACTIVE 10
1684		-	DUTY STATUS OF THE S ERVICE MEMBER ; AND 11
1685		-
1686		-	(II) IS PROVIDED BY AN IN DIVIDUAL WHO IS NOT A LICENSED 12
1687		-	HEALTH CARE PROVIDER ; 13
1688		-
1689		-	(6) TO SPEND UP TO 15 CALENDAR DAYS WITH A SERVICE MEMBER 14
1690		-	WHO IS ON SHORT–TERM TEMPORARY REST AND RECUPERATION LEA VE DURING 15
1691		-	THE PERIOD OF DEPLOY MENT; 16
1692		-
1693		-	(7) TO ATTEND POSTDEPLOY MENT ACTIVITIES INCL UDING 17
1694		-	REINTEGRATION SERVIC ES FOR A PERIOD OF 90 DAYS IMMEDIATELY FOL LOWING 18
1695		-	THE TERMINATION OF A CTIVE STATUS; 19
1696		-
1697		-	(8) TO ATTEND TO MATTERS RE LATED TO THE DEATH O F THE 20
1698		-	SERVICE MEMBER WHILE ON ACTIVE DUTY STATU S; 21
1699		-
1700		-	(9) TO ARRANGE FOR OR PR OVIDE ALTERNATIVE CA RE FOR A PARENT 22
1701		-	OF THE SERVICE MEMBE R WHEN THE PARENT IS INCAPABLE OF SELF –CARE AND THE 23
1702		-	COVERED ACTIVE DUTY OR CALL TO ACTIVE DUTY NECESSIT ATES A CHANGE ; OR 24
1703		-
1704		-	(10) BECAUSE OF ANY OTHER ISSUES THAT ARISE OU T OF ACTIVE DUTY 25
1705		-	OR A CALL TO ACTIVE DUTY THAT AN EMPLOYE R AND COVERED EMPLOY EE AGREE 26
1706		-	SHOULD BE COVERED . 27
1707		-
1708		-	(O) “SECRETARY” MEANS THE SECRETARY OF LABOR. 28
1709		-
1710		-	(P) (1) “SERIOUS HEALTH CONDITION ” MEANS AN ILLNESS , AN INJURY, 29
1711		-	AN IMPAIRMENT , OR A PHYSICAL OR MEN TAL CONDITION THAT I NVOLVES: 30
1712		-	38 HOUSE BILL 496
1713		-
1714		-
1715		-	(I) INPATIENT CARE IN A HOSPITAL, HOSPICE, OR RESIDENTIAL 1
1716		-	HEALTH CARE FACILITY ; 2
1717		-
1718		-	(II) CONTINUED TREATMENT BY A LICENSED HEALTH CARE 3
1719		-	PROVIDER; OR 4
1720		-
1721		-	(III) CONTINUED TREATMENT OR SUPERVISION AT HO ME BY A 5
1722		-	LICENSED HEALTH CARE PROVIDER OR OTHER CO MPETENT INDIVIDUAL U NDER 6
1723		-	THE SUPERVISION OF A LICENSED HEALTH CARE PROVIDER. 7
1724		-
1725		-	(2) “SERIOUS HEALTH CONDIT ION” INCLUDES AN ILLNESS , AN 8
1726		-	INJURY, AN IMPAIRMENT , OR A PHYSICAL OR MEN TAL CONDITION DESCRI BED IN 9
1727		-	PARAGRAPH (1) OF THIS SUBSECTION T HAT CONTINUES OVER A N EXTENDED 10
1728		-	PERIOD OF TIME AND R EQUIRES INTERMITTENT TREATMENT . 11
1729		-
1730		-	(Q) “SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS AN ACTIVE DUT Y OR 12
1731		-	FORMER MEM BER OF: 13
1732		-
1733		-	(1) THE UNITED STATES ARMED FORCES ; 14
1734		-
1735		-	(2) A RESERVE COMPONENT OF THE UNITED STATES ARMED FORCES ; 15
1736		-	OR 16
1737		-
1738		-	(3) THE NATIONAL GUARD OF ANY STATE . 17
1739		-
1740		-	(R) “TREATMENT” INCLUDES: 18
1741		-
1742		-	(1) EXAMINATIONS OR TEST ING TO DETERMINE THE EXTENT TO 19
1743		-	WHICH A SERIOUS HEALTH CONDITION EXI STS OR PERSISTS; 20
1744		-
1745		-	(2) ONGOING OR PERIODIC EVALUATIONS OF THE S ERIOUS HEALTH 21
1746		-	CONDITION; AND 22
1747		-
1748		-	(3) ACTUAL TREATMENT BY A HEALTH CARE PROVID ER. 23
1749		-
1750		-	8.3–102. 24
1751		-
1752		-	(A) THIS SECTION DOES NOT APPLY TO THE DISCLOS URE OF INFORMATION 25
1753		-	TO: 26
1754		-
1755		-	(1) A PUBLIC EMPLOYEE IN T HE PERFORMANCE OF TH E PUBLIC 27
1756		-	EMPLOYEE’S OFFICIAL DUTIES; 28
1757		-
1758		-	(2) THE INDIVIDUAL TO WH OM THE INFORMATION R ELATES; OR 29 HOUSE BILL 496 39
1759		-
1760		-
1761		-
1762		-	(3) IF AN AUTHORIZED REP RESENTATIVE HAS THE SIGNED 1
1763		-	AUTHORIZATION OF THE INDIVIDUAL TO WHOM T HE INFORMATION RELAT ES, THE 2
1764		-	AUTHORIZED REPRESENT ATIVE. 3
1765		-
1766		-	(B) AN EMPLOYEE OF THE DEPARTMENT MAY NOT DI SCLOSE INFORMATION 4
1767		-	RELATING TO AN INDIV IDUAL WHO HAS APPLIE D FOR OR RECEIVED BE NEFITS 5
1768		-	UNDER THIS TITLE . 6
1769		-
1770		-	SUBTITLE 2. SCOPE OF TITLE. 7
1771		-
1772		-	8.3–201. 8
1773		-
1774		-	(A) (1) A SELF–EMPLOYED INDIVIDUAL MAY ELECT TO PARTICIP ATE IN 9
1775		-	THE PROGRAM BY FILING A W RITTEN NOTICE OF ELE CTION WITH THE SECRETARY 10
1776		-	IN ACCORDANCE WITH R EGULATIONS ADOPTED B Y THE SECRETARY. 11
1777		-
1778		-	(2) AN ELECTION MADE UNDE R PARAGRAPH (1) OF THIS SUBSECTION 12
1779		-	BECOMES EFFECTIVE ON THE DATE THE WRITTEN NOTICE IS FI LED. 13
1780		-
1781		-	(B) (1) IF A SELF–EMPLOYED INDIVIDUAL ELECTS TO PARTICIPAT E IN 14
1782		-	THE PROGRAM UNDER SUBSECT ION (A) OF THIS SECTION , THE INDIVIDUAL SHALL 15
1783		-	PARTICIPATE FOR AN I NITIAL PERIOD OF NOT LESS THAN 3 YEARS. 16
1784		-
1785		-	(2) ONCE THE INITIAL PART ICIPATION PERIOD EXP IRES, THE 17
1786		-	SELF–EMPLOYED INDIVIDUAL MAY RENEW PARTICIPAT ION IN THE PROGRAM FOR A 18
1787		-	PERIOD OF NOT LESS T HAN 1 YEAR. 19
1788		-
1789		-	(3) IF THE SELF–EMPLOYED INDIVIDUAL DOES NOT WISH TO REN EW 20
1790		-	PARTICIPATION IN THE PROGRAM UNDER PARAG RAPH (2) OF THIS SUBSECTION , 21
1791		-	WITHIN 30 DAYS BEFORE THE PART ICIPATION PERIOD EXP IRES, THE 22
1792		-	SELF–EMPLOYED INDIVIDUAL SHALL NOTIFY THE SECRETARY IN WRITING OF THE 23
1793		-	SELF–EMPLOYED INDIVIDUAL ’S WITHDRAWAL FROM TH E PROGRAM. 24
1794		-
1795		-	(C) DURING THE PERIOD A S ELF–EMPLOYED INDIVIDUAL PARTICIPA TES IN 25
1796		-	THE PROGRAM, THE SELF–EMPLOYED INDIVIDUAL SHALL PAY THE CONTRI BUTION 26
1797		-	REQUIRED UNDER § 8.3–601 OF THIS TITLE. 27
1798		-
1799		-	8.3–202. 28
1800		-
1801		-	THIS TITLE MAY NOT BE CONSTRUED TO DIMINIS H AN EMPLOYER ’S 29
1802		-	OBLIGATION TO COMPLY WITH A COLLECTIVE BA RGAINING AGREEMENT OR AN 30
1803		-	EMPLOYER POLICY THAT ALLOWS AN EMPLOYEE T O TAKE LEAVE FOR A L ONGER 31 40 HOUSE BILL 496
1804		-
1805		-
1806		-	PERIOD OF TIME THAN THE EMPLOYEE WOULD B E ABLE TO RECEIVE BE NEFITS 1
1807		-	UNDER THIS TITLE . 2
1808		-
1809		-	8.3–203. 3
1810		-
1811		-	(A) AN EMPLOYEE ’S RIGHT TO BENEFITS UNDER THIS TITLE MAY NOT BE 4
1812		-	DIMINISHED BY A COLLECTIVE BARG AINING AGREEMENT ENT ERED INTO OR 5
1813		-	RENEWED OR BY AN EMP LOYER POLICY ADOPTED OR RETAINED ON OR AF TER JUNE 6
1814		-	1, 2021. 7
1815		-
1816		-	(B) AN AGREEMENT TO WAIVE THE EMPLOYEE ’S RIGHTS UNDER THIS TITLE 8
1817		-	IS VOID AS AGAINST P UBLIC POLICY. 9
1818		-
1819		-	SUBTITLE 3. ESTABLISHM ENT OF THE DIVISION AND PROGRAM. 10
1820		-
1821		-	8.3–301. 11
1822		-
1823		-	(A) THERE IS A DIVISION OF FAMILY AND MEDICAL LEAVE INSURANCE IN 12
1824		-	THE DEPARTMENT . 13
1825		-
1826		-	(B) THE DIVISION OF FAMILY AND MEDICAL LEAVE INSURANCE SHALL 14
1827		-	PERFORM ANY FUNCTION S THAT THE SECRETARY ASSIGNS TO IT TO CARRY OUT 15
1828		-	THIS TITLE. 16
1829		-
1830		-	(C) (1) (I) IN ACCORDANCE WITH TH E PROVISIONS OF THE STATE 17
1831		-	PERSONNEL AND PENSIONS ARTICLE, THE SECRETARY MAY EMPLOY THE STAFF 18
1832		-	NECESSARY TO CARRY O UT THIS TITLE. 19
1833		-
1834		-	(II) IN ACCORDANCE WITH TH E STATE BUDGET , THE 20
1835		-	SECRETARY MAY SET THE COMPENSATION OF AN E MPLOYEE UNDER THIS 21
1836		-	SUBSECTION IN A POSI TION THAT: 22
1837		-
1838		-	1. IS UNIQUE TO THE DEPARTMENT ; 23
1839		-
1840		-	2. REQUIRES SPECIFIC SK ILLS OR EXPERIENCE T O 24
1841		-	PERFORM THE DUTIES O F THE POSITION; AND 25
1842		-
1843		-	3. DOES NOT REQUIRE THE EMPLOYEE TO PERFORM 26
1844		-	FUNCTIONS THAT ARE COMPARABLE TO FUNCTIONS PERFORM ED IN OTHER UNITS 27
1845		-	OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT . 28
1846		-
1847		-	(III) THE SECRETARY OF BUDGET AND MANAGEMENT , IN 29
1848		-	CONSULTATION WITH TH E SECRETARY, SHALL DETERMINE THE POSITIONS FOR 30 HOUSE BILL 496 41
1849		-
1850		-
1851		-	WHICH THE SECRETARY MAY SET COM PENSATION UNDER SUBPAR AGRAPH (II) OF 1
1852		-	THIS PARAGRAPH . 2
1853		-
1854		-	(IV) SUBJECT TO OTHER APPL ICABLE PROVISIONS OF THIS 3
1855		-	TITLE, THE SECRETARY MAY APPOINT EMPLOYEES AND SET TH EIR POWERS AND 4
1856		-	DUTIES AS NECESSARY TO CARRY OUT THIS TI TLE. 5
1857		-
1858		-	(2) THE SECRETARY SHALL DETER MINE WHETHER AN EMPLOYEE 6
1859		-	WHO HANDLES MONEY FO R THE DEPARTMENT UNDER THIS TITLE SHOULD BE 7
1860		-	COVERED UNDER A BOND . 8
1861		-
1862		-	(3) (I) THE SECRETARY SHALL PRINT : 9
1863		-
1864		-	1. THIS TITLE; 10
1865		-
1866		-	2. EACH ANNUAL REPORT T HAT THE SECRETARY 11
1867		-	SUBMITS TO THE GOVERNOR; AND 12
1868		-
1869		-	3. ANY OTHER MATERIAL THAT THE SECRETARY 13
1870		-	CONSIDERS RELEVANT A ND SUITABLE. 14
1871		-
1872		-	(II) ON REQUEST BY ANY PER SON, THE SECRETARY SHALL GIVE 15
1873		-	THE PERSON A COPY OF : 16
1874		-
1875		-	1. ANY MATERIAL THAT TH E SECRETARY PRINTS UNDE R 17
1876		-	THIS SUBSECTION ; AND 18
1877		-
1878		-	2. THE CURRENT REGULATI ONS ADOPTED TO CARRY 19
1879		-	OUT THIS TITLE. 20
1880		-
1881		-	8.3–302. 21
1882		-
1883		-	(A) THERE IS A FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. 22
1884		-
1885		-	(B) THE PURPOSE OF THE PROGRAM IS TO PROVIDE TEMPORARY BENEFITS 23
1886		-	TO A COVERED INDIVID UAL WHO IS TAKING LE AVE FROM EMPLOYMENT : 24
1887		-
1888		-	(1) TO CARE FOR A CHILD DURING THE FIR ST YEAR AFTER THE 25
1889		-	CHILD’S BIRTH OR AFTER THE PLACEMENT OF THE CHI LD THROUGH FOSTER CA RE, 26
1890		-	KINSHIP CARE, OR ADOPTION; 27
1891		-
1892		-	(2) TO CARE FOR A FAMILY MEMBER WITH A SERIOU S HEALTH 28
1893		-	CONDITION; 29
1894		-	42 HOUSE BILL 496
1895		-
1896		-
1897		-	(3) BECAUSE THE COVERED INDIVIDUAL HAS A SER IOUS HEALTH 1
1898		-	CONDITION THAT RESUL TS IN THE COVERED IN DIVIDUAL BEING UNABL E TO 2
1899		-	PERFORM THE FUNCTION S OF THE COVERED IND IVIDUAL’S POSITION; 3
1900		-
1901		-	(4) TO CARE FOR A SERVIC E MEMBER WHO IS THE COVERED 4
1902		-	INDIVIDUAL’S NEXT OF KIN; OR 5
1903		-
1904		-	(5) BECAUSE THE COVERED INDIVIDUAL HA S A QUALIFYING 6
1905		-	EXIGENCY ARISING OUT OF THE DEPLOYMENT OF A SERVICE MEMBER WHO IS A 7
1906		-	FAMILY MEMBER OF THE COVERED INDIVIDUAL . 8
1907		-
1908		-	SUBTITLE 4. ADMINISTRATION . 9
1909		-
1910		-	8.3–401. 10
1911		-
1912		-	THIS TITLE SHALL BE A DMINISTERED UNDER TH E SUPERVISION OF THE 11
1913		-	SECRETARY BY THE DIVISION OF FAMILY AND MEDICAL LEAVE INSURANCE 12
1914		-	ESTABLISHED UNDER § 8.3–301 OF THIS TITLE. 13
1915		-
1916		-	8.3–402. 14
1917		-
1918		-	THE SECRETARY MAY DELEGAT E TO AN EMPLOYEE OF THE DEPARTMENT ANY 15
1919		-	POWER OR DUTY THAT I S REASONABLE AND PRO PER FOR THE ADMINIST RATION OF 16
1920		-	THIS TITLE. 17
1921		-
1922		-	8.3–403. 18
1923		-
1924		-	(A) THE SECRETARY SHALL : 19
1925		-
1926		-	(1) SUBJECT TO SUBSECTIO N (B) OF THIS SECTION , ADOPT 20
1927		-	REGULATIONS NECESSAR Y TO CARRY OUT THIS TITLE; 21
1928		-
1929		-	(2) ESTABLISH PROCEDURES AND FORMS FOR FILING CLAIMS FOR 22
1930		-	BENEFITS, INCLUDING: 23
1931		-
1932		-	(I) PROCEDURES FOR NOTIF YING AN EMPLOYER WIT HIN 5 24
1933		-	BUSINESS DAYS AFTER AN EMPLOYEE OF THE E MPLOYER FILES A CLAI M FOR 25
1934		-	BENEFITS UNDER THIS TITLE; AND 26
1935		-
1936		-	(II) NOTICES OF ELECTIONS BY SELF–EMPLOYED INDIVIDUALS 27
1937		-	FOR BENEFITS UNDER § 8.3–201 OF THIS TITLE; 28
1938		-	HOUSE BILL 496 43
1939		-
1940		-
1941		-	(3) USE INFORMATION –SHARING AND INTEGRAT ION TECHNOLOG Y TO 1
1942		-	FACILITATE THE DISCL OSURE OF RELEVANT IN FORMATION OR RECORDS NEEDED 2
1943		-	FOR THE ADMINISTRATI ON OF THIS TITLE; AND 3
1944		-
1945		-	(4) SUBJECT TO SUBSECTIO N (D) OF THIS SECTION , CARRY OUT A 4
1946		-	PUBLIC EDUCATION PRO GRAM. 5
1947		-
1948		-	(B) THE REGULATIONS ADOPT ED UNDER SUBSECTION (A)(1) OF THIS 6
1949		-	SECTION SHALL BE CON SISTENT WITH REGULAT IONS ADOPTED TO IMPL EMENT THE 7
1950		-	FEDERAL FAMILY AND MEDICAL LEAVE ACT AND ANY RELEVANT STATE LAWS TO 8
1951		-	THE EXTENT THAT THE ADOPTED REGULATIONS DO NOT CONFLICT WITH THIS 9
1952		-	TITLE. 10
1953		-
1954		-	(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A COVERED 11
1955		-	INDIVIDUAL UNDER § 8.3–302(B)(2), (3), (4), OR (5) OF THIS TITLE SHALL PROVIDE 12
1956		-	CERTIFICATION FOR A CLAIM FOR BENEFITS U NDER THIS TITLE. 13
1957		-
1958		-	(2) A CERTIFICATION FOR A CLAIM FOR BENEFITS F OR A COVERED 14
1959		-	INDIVIDUAL UNDER § 8.3–302(B)(2), (3), OR (4) OF THIS TITLE SHALL INCLUDE: 15
1960		-
1961		-	(I) THE DATE ON WHICH TH E SERIOUS HEALTH CON DITION OF 16
1962		-	THE FAMILY MEMBER , COVERED INDIVIDUAL , OR SERVICE MEMBER CO MMENCED; 17
1963		-
1964		-	(II) THE PROBABLE DURATIO N OF THE SERIOUS HEA LTH 18
1965		-	CONDITION; 19
1966		-
1967		-	(III) THE APPROPRIATE FACT S RELATED TO THE SER IOUS 20
1968		-	HEALTH CONDITION WIT HIN THE KNOWLEDGE OF THE LICENSED HEALTH CARE 21
1969		-	PROVIDER; 22
1970		-
1971		-	(IV) 1. FOR A CLAIM FOR BENE FITS UNDER § 8.3–302(B)(2) 23
1972		-	OF THIS TITLE, A STATEMENT THAT THE COVERED INDIVIDUAL N EEDS TO CARE FOR 24
1973		-	A FAMILY MEMBER AND AN ESTIMATE OF THE AMOU NT OF TIME REQUIRED TO 25
1974		-	PROVIDE THE CARE ; OR 26
1975		-
1976		-	2. FOR A CLAIM FOR BENE FITS UNDER § 8.3–302(B)(3) 27
1977		-	OF THIS TITLE, A STATEMENT THAT THE COVERED INDIVIDUAL I S UNABLE TO 28
1978		-	PERFORM THE FUNCTION S OF THE COVERED IND IVIDUAL’S POSITION; AND 29
1979		-
1980		-	(V) FOR A CERTIFICATION FOR INTERMITTENT LEA VE, THE 30
1981		-	EXPECTED DATES AND D URATION OF THE LEAVE . 31
1982		-	44 HOUSE BILL 496
1983		-
1984		-
1985		-	(3) THE SECRETARY SHALL ESTAB LISH STANDARDS IN RE GULATION 1
1986		-	FOR THE CERTIFICATIO N OF CLAIMS FOR BENE FITS UNDER § 8.3–302(B)(5) OF THIS 2
1987		-	TITLE. 3
1988		-
1989		-	(D) (1) THE SECRETARY MAY USE A P ORTION OF THE FUNDS PAID UNDER 4
1990		-	§ 8.3–601 OF THIS TITLE OR OTH ER AVAILABLE FUNDING TO PAY FOR AND CARRY 5
1991		-	OUT THE REQUIREMENTS UNDER SUBSECTION (A)(4) OF THIS SECTION. 6
1992		-
1993		-	(2) MATERIALS USED IN THE PUBLIC EDUCATION PRO GRAM 7
1994		-	REQUIRED UNDER SUBSECT ION (A)(4) OF THIS SECTION SHAL L BE MADE AVAILABLE 8
1995		-	IN ENGLISH AND SPANISH. 9
1996		-
1997		-	8.3–404. 10
1998		-
1999		-	(A) TO ENFORCE THIS TITLE , THE SECRETARY MAY : 11
2000		-
2001		-	(1) CONDUCT AN INVESTIGA TION UNDER THIS TITL E, ON THE 12
2002		-	SECRETARY’S OWN INITIATIVE OR ON RECEIPT OF A WRITTEN COMPLAINT ; 13
2003		-
2004		-	(2) ADMINISTER AN OATH ; 14
2005		-
2006		-	(3) CERTIFY TO AN OFFICI AL ACT; 15
2007		-
2008		-	(4) TAKE A DEPOSITION ; 16
2009		-
2010		-	(5) ISSUE A SUBPOENA FOR THE ATTENDANCE OF A WITNESS TO 17
2011		-	TESTIFY OR THE PRODU CTION OF BOOKS , CORRESPONDENCE , MEMORANDA , 18
2012		-	PAPERS, OR OTHER RECORDS ; AND 19
2013		-
2014		-	(6) BRING A CIVIL ACTION IN THE COUNTY WHERE THE VIOLATION 20
2015		-	ALLEGEDLY OCCURRED . 21
2016		-
2017		-	(B) (1) A SUBPOENA ISSUED UNDE R SUBSECTION (A)(5) OF THIS SECTION 22
2018		-	SHALL BE SERVED IN A NY MANNER IN WHICH A SUBPOENA OF A COURT MAY BE 23
2019		-	SERVED. 24
2020		-
2021		-	(2) IF A PERSON FAILS T O COMPLY WITH A SUBP OENA ISSUED UNDER 25
2022		-	SUBSECTION (A)(5) OF THIS SECTION ON A COMPLAINT FILED BY T HE SECRETARY, 26
2023		-	THE CIRCUIT COURT FO R THE COUNTY WHERE T HE INVESTIGATION IS BEING 27
2024		-	CONDUCTED OR WHERE T HE PERSON RESIDES , IS PRESENT, OR TRANSACTS 28
2025		-	BUSINESS MAY IS SUE AN ORDER DIRECTI NG COMPLIANCE WITH T HE SUBPOENA OR 29
2026		-	COMPELLING TESTIMONY . 30
2027		-	HOUSE BILL 496 45
2028		-
2029		-
2030		-	(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 1
2031		-	PERSON MAY NOT BE EX CUSED FROM COMPLYING WITH A SUBPOENA ISSU ED UNDER 2
2032		-	SUBSECTION (A)(5) OF THIS SECTION ON T HE GROUND THAT THE EVIDENCE OR 3
2033		-	TESTIMONY REQUIRED M AY TEND TO INCRIMINA TE THE PERSON OR SUB JECT THE 4
2034		-	PERSON TO A FORFEITU RE OR PENALTY . 5
2035		-
2036		-	(II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 6
2037		-	THIS SUBPARAGRAPH , AFTER CLAIMING THE P RIVILEGE AGAINST 7
2038		-	SELF–INCRIMINATION , A PERSON MAY NOT BE PROSECUTED OR SUBJEC TED TO ANY 8
2039		-	FORFEITURE OR PENALT Y BECAUSE OF ANY MAT TER, THING, OR TRANSACTION 9
2040		-	ABOUT WHICH THE PERS ON IS COMPELLED TO P RODUCE EVIDENCE OR T ESTIFY. 10
2041		-
2042		-	2. IF THE PERSON COMMITS PERJURY WHILE GIVING 11
2043		-	TESTIMONY, THE PERSON IS SUBJECT TO P ROSECUTION FOR THAT OFFENSE. 12
2044		-
2045		-	8.3–405. 13
2046		-
2047		-	IN A CIVIL ACTION TO ENFORCE THIS TITLE , THE SECRETARY AND THE STATE 14
2048		-	MAY BE REPRESENTED B Y: 15
2049		-
2050		-	(1) THE ATTORNEY GENERAL; OR 16
2051		-
2052		-	(2) ANY QUALIFIED ATTORN EY WHO: 17
2053		-
2054		-	(I) IS A SALARIED EMPLOY EE OF THE SECRETARY; AND 18
2055		-
2056		-	(II) ON RECOMMENDATION OF THE ATTORNEY GENERAL, IS 19
2057		-	DESIGNATED TO REPRES ENT THE SECRETARY OR THE BOARD OF APPEALS AND THE 20
2058		-	STATE. 21
2059		-
2060		-	8.3–406. 22
2061		-
2062		-	(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, THE SECRETARY SHALL 23
2063		-	SUBMIT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 24
2064		-	GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY AN ANNUAL RE PORT ON THE 25
2065		-	ADMINISTRATION AND O PERATION OF THIS TIT LE DURING THE IMMEDI ATELY 26
2066		-	PRECEDING FISCAL YEA R. 27
2067		-
2068		-	(B) THE ANNUAL REPORT SHA LL INCLUDE INFORMATI ON REGARDING : 28
2069		-
2070		-	(1) PROJECTED AND ACTUAL PROGRAM PARTICIPATION RATES; 29
2071		-
2072		-	(2) CONTRIBUTION RATES ; 30
2073		-	46 HOUSE BILL 496
2074		-
2075		-
2076		-	(3) PROJECTED AND ACTUAL FUND BALANCES ; 1
2077		-
2078		-	(4) PUBLIC OUTREACH AND TECHNICAL ASSISTANCE EFFORTS; 2
2079		-
2080		-	(5) ALL ENFORCEMENT EFFO RTS; 3
2081		-
2082		-	(6) THE NUMBER AND STATU S OF COMPLAINTS UNDER SUBTITLE 9 OF 4
2083		-	THIS TITLE; AND 5
2084		-
2085		-	(7) THE COST OF ADMINIST ERING THE PROGRAM. 6
2086		-
2087		-	SUBTITLE 5. THE FAMILY AND MEDICAL LEAVE INSURANCE FUND. 7
2088		-
2089		-	8.3–501. 8
2090		-
2091		-	THERE IS A FAMILY AND MEDICAL LEAVE INSURANCE FUND. 9
2092		-
2093		-	8.3–502. 10
2094		-
2095		-	(A) THE SECRETARY SHALL ADMIN ISTER THE FUND. 11
2096		-
2097		-	(B) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT SUBJECT TO 12
2098		-	§ 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 13
2099		-
2100		-	(C) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , AND THE 14
2101		-	COMPTROLLER SHALL ACC OUNT FOR THE FUND. 15
2102		-
2103		-	8.3–503. 16
2104		-
2105		-	(A) THE FUND CONSISTS OF: 17
2106		-
2107		-	(1) EMPLOYEE CONTRIBUTIO NS REQUIRED UNDER § 8.3–601 OF THIS 18
2108		-	TITLE; 19
2109		-
2110		-	(2) SELF–EMPLOYED INDIVIDUAL CONTRIBUTIONS REQUIR ED UNDER 20
2111		-	§ 8.3–601 OF THIS TITLE; 21
2112		-
2113		-	(3) EMPLOYER CONTRIBUTIO NS REQUIRED UNDER § 8.3–601 OF THIS 22
2114		-	TITLE; 23
2115		-
2116		-	(4) MONEY PAID TO THE FUND FOR THE PURPOSE OF REIMBURSING 24
2117		-	THE SECRETARY UNDER § 8.3–902 OF THIS TITLE FOR BE NEFITS PAID IN ERROR ; 25
2118		-
2119		-	(5) INTEREST EARNED ON M ONEY IN THE FUND; AND 26
2120		-	HOUSE BILL 496 47
2121		-
2122		-
2123		-	(6) MONEY RECEIVED FOR T HE FUND FROM ANY OTHER S OURCE. 1
2124		-
2125		-	(B) MONEY IN THE FUND MAY BE COMMINGLED . 2
2126		-
2127		-	(C) THE FUND MAY BE USED ONLY FOR THE PURPOSES OF THIS TITLE. 3
2128		-
2129		-	8.3–504. 4
2130		-
2131		-	(A) (1) THE STATE TREASURER IS CUSTODIA N OF THE FUND. 5
2132		-
2133		-	(2) THE STATE TREASURER SHALL MANAG E THE FUND IN 6
2134		-	ACCORDANCE WITH REGU LATIONS THAT THE SECRETARY ADOPTS . 7
2135		-
2136		-	(B) UNDER THE DIRECTION O F THE SECRETARY, THE STATE TREASURER 8
2137		-	SHALL ESTABLISH THE FUND ACCOUNT IN ANY F INANCIAL INSTITUTION IN WHICH 9
2138		-	THE GENERAL FUND OF THE STATE MAY BE DEPOSITE D. 10
2139		-
2140		-	(C) ON RECEIPT OF ANY MON EY PAYABLE TO THE FUND, THE SECRETARY 11
2141		-	SHALL ENSURE IMMEDIATE DEPOSIT OF THE MONEY INTO THE FUND ACCOUNT AS 12
2142		-	REQUIRED BY THE STATE TREASURER. 13
2143		-
2144		-	(D) IN ACCORDANCE WITH RE GULATIONS THAT THE SECRETARY ADOPTS , 14
2145		-	MONEY IN THE FUND ACCOUNT : 15
2146		-
2147		-	(1) SHALL BE USED TO PAY BENEFITS UNDER THIS TITLE; AND 16
2148		-
2149		-	(2) MAY BE USED TO PAY FOR: 17
2150		-
2151		-	(I) THE PUBLIC EDUCATION PROGRAM; AND 18
2152		-
2153		-	(II) ANY COSTS ASSOCIATED WITH THE INITIAL 19
2154		-	IMPLEMENTATION AND O NGOING ADMINISTRATIO N OF THIS TITLE. 20
2155		-
2156		-	8.3–505. 21
2157		-
2158		-	A CHECK THAT THE STATE TREASURER ISSUES TO P AY BENEFITS OR 22
2159		-	REFUNDS SHALL : 23
2160		-
2161		-	(1) BE ISSUED ONLY ON A WAR RANT SIGNED BY THE SECRETARY; 24
2162		-
2163		-	(2) BEAR THE SIGNATURE O F THE STATE TREASURER; AND 25
2164		-
2165		-	(3) BE COUNTERSIGNED BY AN AUTHORIZED AGENT . 26
2166		-	48 HOUSE BILL 496
2167		-
2168		-
2169		-	8.3–506. 1
2170		-
2171		-	THIS TITLE DOES NOT G RANT AN EMPLOYEE ANY PRIOR CLAIM OR RIGHT TO 2
2172		-	MONEY THE EMPLOYEE P AYS INTO THE FUND. 3
2173		-
2174		-	SUBTITLE 6. CONTRIBUTIONS . 4
2175		-
2176		-	8.3–601. 5
2177		-
2178		-	(A) BEGINNING JANUARY 1, 2023, EACH EMPLOYEE OF AN EMPLOYER, 6
2179		-	EACH EMPLOYER WITH 15 OR MORE EMPLOYEES , AND EACH SELF –EMPLOYED 7
2180		-	INDIVIDUAL PARTICIPA TING IN THE PROGRAM SHALL CONTRIB UTE TO THE FUND. 8
2181		-
2182		-	(B) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 9
2183		-	SECRETARY SHALL SET A TOTAL RATE OF CONTRI BUTION TO BE PAID IN 10
2184		-	ACCORDANCE WITH THIS SUBSECTION. 11
2185		-
2186		-	(II) THE TOTAL RATE OF CON TRIBUTION ESTABLISHE D UNDER 12
2187		-	SUBPARAGRAPH (I) OF THIS PARAGRAPH : 13
2188		-
2189		-	1. MAY NOT EXCEED 1.0% OF AN EMPLOYEE ’S WAGES; 14
2190		-
2191		-	2. SHALL BE APPLIED TO ALL WAGES UP TO AND 15
2192		-	INCLUDING THE SOCIAL SECURITY WAGE BASE ; 16
2193		-
2194		-	3. EXCEPT AS PROVIDED U NDER PARAGRAPH (3)(I)2 OF 17
2195		-	THIS SUBSECTION , SHALL BE SHARED EQUA LLY BY EMPLOYERS AND EMPLOYEES; 18
2196		-	AND 19
2197		-
2198		-	4. SHALL BE SUFFICIENT TO FUND THE BENEFITS 20
2199		-	PAYABLE UNDER THIS T ITLE. 21
2200		-
2201		-	(2) (I) EACH EMPLOYER WITH 15 OR MORE EMPLOYEES SH ALL 22
2202		-	CONTRIBUTE AN AMOUNT EQUAL TO 50% OF THE TOTAL RATE OF CONTRIBUTION 23
2203		-	FOR EACH EMPLOYEE EM PLOYED BY THE EMPLOY ER. 24
2204		-
2205		-	(II) 1. FOR THE PURPOSE OF DE TERMINING WHETHER AN 25
2206		-	EMPLOYER IS REQUIRED TO CONTRIBUTE , THE NUMBER OF EMPLOY EES OF AN 26
2207		-	EMPLOYER SHALL BE DE TERMINED BY CALCULAT ING THE AVERAGE MONT HLY 27
2208		-	NUMBER OF EMPLOYEES EMPLOYED BY THE EMPL OYER DURING THE IMME DIATELY 28
2209		-	PRECEDING 12–MONTH PERIOD . 29
2210		-
2211		-	2. EACH EMPLOYEE OF AN E MPLOYER SHALL BE 30
2212		-	INCLUDED IN THE CALC ULATION MADE UNDER S UBSUBPARAGRAPH 1 OF THIS 31 HOUSE BILL 496 49
2213		-
2214		-
2215		-	SUBPARAGRAPH WITHOUT REGARD TO WHETHER TH E EMPLOYEE IS A FULL –TIME, 1
2216		-	PART–TIME, TEMPORARY , OR SEASONAL EMPLOYEE OR WOULD BE ELIGIBLE FOR 2
2217		-	BENEFITS UNDER THIS TITLE. 3
2218		-
2219		-	(3) (I) 1. EACH EMPLOYEE OF AN E MPLOYER WITH 15 OR MORE 4
2220		-	EMPLOYEES SHALL CONT RIBUTE AN AMOUNT EQU AL TO 50% OF THE TOTAL RATE 5
2221		-	OF CONTRIBUTION . 6
2222		-
2223		-	2. EACH EMPLOYEE OF AN E MPLOYER WITH LESS TH AN 7
2224		-	15 EMPLOYEES S HALL CONTRIBUTE AN A MOUNT PROPORTIONALLY EQUAL TO THE 8
2225		-	AMOUNT CONTRIBUTED B Y AN EMPLOYEE UNDER SUBSUBPARAGRAPH 1 OF THIS 9
2226		-	SUBPARAGRAPH . 10
2227		-
2228		-	(II) THE EMPLOYER OF THE EMPL OYEE SHALL DEDUCT TH E 11
2229		-	CONTRIBUTION REQUIRE D UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH FR OM 12
2230		-	THE WAGES OF THE EMP LOYEE. 13
2231		-
2232		-	(4) EACH SELF–EMPLOYED INDIVIDUAL PARTICIPATING IN THE 14
2233		-	PROGRAM SHALL : 15
2234		-
2235		-	(I) PAY CONTRIBUTIONS DU RING EACH YEAR THAT THE 16
2236		-	SELF–EMPLOYED INDIVIDUAL PARTICIPATES IN THE PROGRAM; AND 17
2237		-
2238		-	(II) CONTRIBUTE AN AMOUNT EQUAL TO THE TOTAL RATE OF 18
2239		-	CONTRIBUTION ESTABLI SHED UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION . 19
2240		-
2241		-	SUBTITLE 7. BENEFITS. 20
2242		-
2243		-	8.3–701. 21
2244		-
2245		-	(A) BEGINNING JULY 1, 2024, A COVERED INDIVIDUAL TAKING LEAVE FROM 22
2246		-	EMPLOYMENT MAY SUBMI T A CLAIM FOR BENEFI TS TO: 23
2247		-
2248		-	(1) CARE FOR A NEWBORN CHILD OR A CHILD NEW LY PLACED FOR 24
2249		-	ADOPTION, FOSTER CARE , OR KINSHIP CARE WITH THE COVERED INDIVIDU AL 25
2250		-	DURING THE FIRST YEA R AFTER THE BIRTH , ADOPTION, OR PLACEMENT ; 26
2251		-
2252		-	(2) CARE FOR A FAMILY ME MBER WITH A SERIOUS HEALTH 27
2253		-	CONDITION; 28
2254		-
2255		-	(3) ATTEND TO A SERIOUS HEALTH CONDITION THA T RESULTS IN THE 29
2256		-	COVERED INDIVIDUAL B EING UNABLE TO PERFO RM THE FUNCTIONS OF THE 30
2257		-	COVERED INDIVIDUAL ’S POSITION; 31
2258		-	50 HOUSE BILL 496
2259		-
2260		-
2261		-	(4) CARE FOR A SERVICE M EMBER WITH A SERIOUS HEALTH 1
2262		-	CONDITION RESULTING FROM MILITARY SERVIC E WHO IS THE COVERED 2
2263		-	INDIVIDUAL’S NEXT OF KIN; OR 3
2264		-
2265		-	(5) ATTEND TO A QUALIFYI NG EXIGENCY ARISING OUT OF THE 4
2266		-	DEPLOYMENT OF A SERV ICE MEMBER WHO IS A FAMILY MEMBER OF THE COVERED 5
2267		-	INDIVIDUAL. 6
2268		-
2269		-	(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A COVERED 7
2270		-	INDIVIDUAL MAY TAKE THE LEAVE FOR WHICH THE INDIVIDUAL IS ELIGIB LE FOR 8
2271		-	BENEFITS UNDER SUBSE CTION (A) OF THIS SECTION ON A N INTERMITTENT LEAVE 9
2272		-	SCHEDULE. 10
2273		-
2274		-	(2) IF LEAVE IS TAKEN ON AN INTERMITTENT LEAV E SCHEDULE, THE 11
2275		-	COVERED INDIVIDUAL S HALL: 12
2276		-
2277		-	(I) MAKE A REASONABLE EF FORT TO S CHEDULE THE 13
2278		-	INTERMITTENT LEAVE I N A MANNER THAT DOES NOT UNDULY DISRUPT T HE 14
2279		-	OPERATIONS OF THE EM PLOYER; AND 15
2280		-
2281		-	(II) PROVIDE THE EMPLOYER WITH REASONABLE AND 16
2282		-	PRACTICABLE PRIOR NO TICE OF THE REASON F OR WHICH THE INTERMI TTENT 17
2283		-	LEAVE IS NECESSARY . 18
2284		-
2285		-	(3) IF LEAVE IS TAKEN ON AN INTERMITTENT LEAVE S CHEDULE, AN 19
2286		-	EMPLOYER MAY NOT RED UCE THE TOTAL AMOUNT OF LEAVE TO WHICH TH E 20
2287		-	COVERED INDIVIDUAL I S ENTITLED BEYOND TH E AMOUNT OF LEAVE AC TUALLY 21
2288		-	TAKEN. 22
2289		-
2290		-	8.3–702. 23
2291		-
2292		-	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 24
2293		-	COVERED INDIVIDUAL M AY NOT RECEIVE MORE THAN 12 WEEKS OF BENEFITS IN AN 25
2294		-	APPLICATION YEAR . 26
2295		-
2296		-	(2) A COVERED INDIVIDUAL M AY RECEIVE AN ADDITI ONAL 12 WEEKS 27
2297		-	OF BENEFITS IF THE C OVERED INDIVIDUAL DU RING THE SAME APPLIC ATION YEAR: 28
2298		-
2299		-	(I) RECEIVED BE NEFITS BECAUSE THE C OVERED INDIVIDUAL 29
2300		-	WAS ELIGIBLE FOR BEN EFITS UNDER § 8.3–701(A)(3) OF THIS SUBTITLE; AND 30
2301		-
2302		-	(II) BECOMES ELIGIBLE FOR BENEFITS UNDER § 31
2303		-	8.3–701(A)(1), (2), (4), OR (5) OF THIS SUBTITLE. 32
2304		-	HOUSE BILL 496 51
2305		-
2306		-
2307		-	(B) IF A COVERED INDIVIDU AL TAKES LEAVE FOR WHICH THE COVERED 1
2308		-	INDIVIDUAL IS RECEIV ING BENEFITS UNDER T HIS TITLE, THE LEAVE SHALL RUN 2
2309		-	CONCURRENTLY WITH EL IGIBLE LEAVE THAT MA Y BE TAKEN BY THE CO VERED 3
2310		-	INDIVIDUAL UNDER THE FEDERAL FAMILY AND MEDICAL LEAVE ACT. 4
2311		-
2312		-	(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 5
2313		-	AN INDIVIDUAL RECEIV ING BENEFITS UNDER TITLE 8 OF THIS ARTICLE OR W AGE 6
2314		-	REPLACEMENT BENEFITS UNDER TITLE 9 OF THIS ARTICLE IS N OT ELIGIBLE TO 7
2315		-	RECEIVE BENEFITS UND ER THIS TITLE. 8
2316		-
2317		-	(2) AN INDIVIDUAL RECEIVI NG COMPENSATION FOR A PERMAN ENT 9
2318		-	PARTIAL DISABILITY U NDER TITLE 9 OF THIS ARTICLE MAY BE ELIGIBLE FOR 10
2319		-	BENEFITS UNDER THIS TITLE. 11
2320		-
2321		-	8.3–703. 12
2322		-
2323		-	(A) AN EMPLOYER MAY ALLOW A COVERED INDIVIDUAL TO USE PAID 13
2324		-	VACATION, PAID SICK LEAVE , OR OTHER PAID TIME O FF UNDER AN EMPLOYER 14
2325		-	POLICY IN ADDITIO N TO THE BENEFITS AV AILABLE UNDER THIS T ITLE TO REPLACE 15
2326		-	THE COVERED INDIVIDU AL’S WAGES UP TO 100% OF THE COVERED INDIV IDUAL’S 16
2327		-	WEEKLY WAGE DURING T HE PERIOD OF LEAVE F OR WHICH BENEFITS AR E RECEIVED 17
2328		-	UNDER THIS TITLE . 18
2329		-
2330		-	(B) AN EMPLOYER CONTRIBUT ING TO THE FUN D MAY REQUIRE A COVE RED 19
2331		-	INDIVIDUAL WHO RECEI VES BENEFITS UNDER T HIS TITLE TO USE THO SE BENEFITS 20
2332		-	CONCURRENTLY WITH FA MILY OR MEDICAL LEAV E BENEFITS PROVIDED UNDER AN 21
2333		-	EMPLOYER POLICY . 22
2334		-
2335		-	8.3–704. 23
2336		-
2337		-	(A) FOR THE PURPOSES OF T HIS SECTION: 24
2338		-
2339		-	(1) THE COVERED INDIVIDUAL’S AVERAGE WEEKLY WAG E SHALL BE 25
2340		-	CALCULATED AS THE TO TAL WAGES RECEIVED B Y THE COVERED INDIVI DUAL OVER 26
2341		-	THE LAST 680 HOURS FOR WHICH THE COVERED INDIVIDUAL W AS PAID DIVIDED BY 27
2342		-	THE NUMBER OF WEEKS WORKED; AND 28
2343		-
2344		-	(2) THE STATE AVERAGE WEEKLY WAGE SHA LL BE THE WAGE 29
2345		-	CALCULATED UNDER § 9–603 OF THIS ARTICLE. 30
2346		-
2347		-	(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE WEEKLY 31
2348		-	BENEFIT AMOUNT PAYAB LE TO A COVERED INDI VIDUAL UNDER THIS TI TLE SHALL 32
2349		-	BE: 33
2350		-	52 HOUSE BILL 496
2351		-
2352		-
2353		-	(I) IF THE COVERED INDIV IDUAL’S AVERAGE WEEKLY WAG E IS 1
2354		-	65% OR LESS OF THE STATE AVERAGE WEEKLY WAGE, 90% OF THE COVERED 2
2355		-	INDIVIDUAL’S AVERAGE WEEKLY WAG E; 3
2356		-
2357		-	(II) IF THE COVERED INDIV IDUAL’S AVERAGE WEEKLY WAG E IS 4
2358		-	GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE, THE SUM OF: 5
2359		-
2360		-	1. 90% OF THE COVERED INDIVIDUAL’S AVERAGE 6
2361		-	WEEKLY WAGE UP TO 65% OF THE STATE AVERAGE WEEKLY WAGE; AND 7
2362		-
2363		-	2. 50% OF THE COVERED INDIV IDUAL’S AVERAGE 8
2364		-	WEEKLY WAGE THAT IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE; 9
2365		-	OR 10
2366		-
2367		-	(III) IF THE COVERED INDIV IDUAL IS TAKING PART IALLY PAID 11
2368		-	LEAVE, THE LESSER OF: 12
2369		-
2370		-	1. THE AMOUNT REQUIRED TO MAKE UP THE 13
2371		-	DIFFERENCE BETWEEN T HE WAGES PAID TO THE COVERED INDIVIDUAL W HILE THE 14
2372		-	COVERED INDIVIDUAL I S TAKING PARTIALLY P AID LEAVE AND THE FU LL WAGES 15
2373		-	NORMALLY PAID TO THE COVERED INDIVIDUAL ; AND 16
2374		-
2375		-	2. IF THE COVERED INDIV IDUAL’S AVERAGE WEEKLY 17
2376		-	WAGE IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE, THE SUM OF: 18
2377		-
2378		-	A. 90% OF THE COVERED INDIV IDUAL’S AVERAGE 19
2379		-	WEEKLY WAGE UP TO 65% OF THE STATE AVERAGE WEEKLY WAGE; AND 20
2380		-
2381		-	B. 50% OF THE COVERED INDIVIDUAL ’S AVERAGE 21
2382		-	WEEKLY WAGE THAT IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE. 22
2383		-
2384		-	(2) THE WEEKLY BENEFIT AM OUNT PAYABLE UNDER P ARAGRAPH (1) 23
2385		-	OF THIS SUBSECTION : 24
2386		-
2387		-	(I) SHALL BE AT LEAST $50; AND 25
2388		-
2389		-	(II) MAY NOT EXCEED : 26
2390		-
2391		-	1. FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 27
2392		-	2024, $1,000; AND 28
2393		-
2394		-	2. FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 29
2395		-	2025, AND EACH SUBSEQUENT 12–MONTH PERIOD , THE AMOUNT DETERMINE D AND 30
2396		-	ANNOUNCED BY THE SECRETARY UNDER PARAG RAPH (3) OF THIS SUBSECTION . 31 HOUSE BILL 496 53
2397		-
2398		-
2399		-
2400		-	(3) (I) IN THIS PARAGRAPH , “CONSUMER PRICE INDEX” MEANS 1
2401		-	THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE 2
2402		-	WASHINGTON–ARLINGTON–ALEXANDRIA, DC–VA–MD–WV METROPOLITAN AREA 3
2403		-	OR A SUCCESSOR INDEX PUBLISHED BY THE FED ERAL BUREAU OF LABOR 4
2404		-	STATISTICS. 5
2405		-
2406		-	(II) EXCEPT AS PROVIDED IN SUBPARAG RAPH (IV) OF THIS 6
2407		-	PARAGRAPH , FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 2025, AND EACH 7
2408		-	SUBSEQUENT 12–MONTH PERIOD , THE MAXIMUM WEEKLY B ENEFIT AMOUNT SHALL 8
2409		-	BE INCREASED BY THE AMOUNT, ROUNDED TO THE NEARE ST CENT, THAT EQUALS 9
2410		-	THE PRODUCT O F: 10
2411		-
2412		-	1. THE MAXIMUM WEEKLY B ENEFIT AMOUNT IN EFF ECT 11
2413		-	FOR THE IMMEDIATELY PRECEDING 12–MONTH PERIOD ; AND 12
2414		-
2415		-	2. THE ANNUAL PERCENTAG E GROWTH IN THE 13
2416		-	CONSUMER PRICE INDEX FOR THE IMMEDIA TELY PRECEDING 12–MONTH PERIOD , 14
2417		-	AS DETERMINED BY THE SECRETARY UNDER S UBPARAGRAPH (III)1 OF THIS 15
2418		-	PARAGRAPH . 16
2419		-
2420		-	(III) BEGINNING MARCH 1, 2025, AND ON EACH SUBSEQUE NT 17
2421		-	SEPTEMBER 1, THE SECRETARY SHALL DETER MINE AND ANNOUNCE : 18
2422		-
2423		-	1. THE ANNUAL PERCENTAG E GROWTH, IF ANY, IN THE 19
2424		-	CONSUMER PRICE INDEX BASED ON THE MO ST RECENT 12–MONTH PERIOD FOR 20
2425		-	WHICH DATA ARE AVAIL ABLE ON SEPTEMBER 1; AND 21
2426		-
2427		-	2. THE MAXIMUM WEEKLY B ENEFIT AMOUNT EFFECT IVE 22
2428		-	FOR THE 12–MONTH PERIOD BEGINNI NG THE IMMEDIATELY F OLLOWING JULY 1. 23
2429		-
2430		-	(IV) IF THERE IS A DECLINE OR NO GROWTH IN THE CONSUMER 24
2431		-	PRICE INDEX, THE MAXIMUM WEEKLY B ENEFIT AMOUNT SHALL REMAIN THE SAME 25
2432		-	AS THE AMOUNT THAT W AS IN EFFECT FOR THE PRECEDING 12–MONTH PERIOD . 26
2433		-
2434		-	(C) AN INCREASE IN THE WE EKLY BENEFIT AMOUNT UNDER SUBSECTION 27
2435		-	(B)(3) OF THIS SECTION APPL IES ONLY TO A CLAIM FOR BENEFITS FILED A FTER THE 28
2436		-	DATE THE INCREASE BE COMES EFFECTIVE . 29
2437		-
2438		-	(D) THE DIVISION SHALL: 30
2439		-
2440		-	(1) NOTIFY THE EMPLOYER OF A COVERED INDIVID UAL WITHIN 5 31
2441		-	BUSINESS DAYS AFTER THE COVERED INDIVIDU AL FILES A CLAIM FOR BENEFITS 32
2442		-	UNDER THIS TITLE ; 33 54 HOUSE BILL 496
2443		-
2444		-
2445		-
2446		-	(2) APPROVE OR DENY THE CLAIM AND NOTIFY THE COVERED 1
2447		-	INDIVIDUAL WITHIN 10 BUSINESS DAYS AFTER THE COVERED INDIVIDU AL FILES THE 2
2448		-	CLAIM; 3
2449		-
2450		-	(3) MAKE THE FIRST PAYME NT OF BENEFITS TO A COVERED 4
2451		-	INDIVIDUAL WITHIN 5 BUSINESS DAYS AFTER THE CLAIM IS APPROVE D; AND 5
2452		-
2453		-	(4) MAKE SUBSEQUENT PAYM ENTS EVERY 2 WEEKS UNTIL THE 6
2454		-	BENEFIT PERIOD ENDS . 7
2455		-
2456		-	8.3–705. 8
2457		-
2458		-	(A) IF THE INTERNAL REVENUE SERVICE DETERMINES TH AT BENEFITS 9
2459		-	PAID UNDER THIS SUBT ITLE ARE SUBJECT TO FEDERAL INCOME TAX , AT THE TIME 10
2460		-	A COVERED INDIVIDUAL FILES A NEW CLAIM FO R BENEFITS, THE DIVISION SHALL 11
2461		-	NOTIFY THE COVERED I NDIVIDUAL THAT : 12
2462		-
2463		-	(1) THE INTERNAL REVENUE SERVICE HAS DETERMINE D THAT THE 13
2464		-	BENEFITS ARE SUBJECT TO FEDERAL INCOME TA X; 14
2465		-
2466		-	(2) THERE ARE REQUIREMEN TS REGARDING ESTIMAT ED TAX 15
2467		-	PAYMENTS; 16
2468		-
2469		-	(3) THE COVERED INDIVIDU AL MAY ELECT TO HAV E FEDERAL 17
2470		-	INCOME TAX DEDUCTED AND WITHHELD FROM TH E BENEFITS THAT THE COVERED 18
2471		-	INDIVIDUAL RECEIVES UNDER THIS TITLE AT THE RATE SPECIFIED I N THE 19
2472		-	INTERNAL REVENUE CODE; AND 20
2473		-
2474		-	(4) THE COVERED INDIVIDU AL IS ALLOWED TO CHA NGE A 21
2475		-	PREVIOUSLY ELECTED W ITHHOLDING S TATUS. 22
2476		-
2477		-	(B) (1) IF A COVERED INDIVIDU AL ELECTS TO HAVE FE DERAL INCOME 23
2478		-	TAX DEDUCTED AND WIT HHELD UNDER SUBSECTI ON (A)(3) OF THIS SECTION , THE 24
2479		-	DIVISION SHALL DEDUCT AND WITHHOLD AN AMOU NT AT THE RATE SPECI FIED IN 25
2480		-	THE INTERNAL REVENUE CODE IN A MANNER REQUIRED BY THE INTERNAL 26
2481		-	REVENUE SERVICE. 27
2482		-
2483		-	(2) IF THE DIVISION DEDUCTS AND WITHHOLDS FEDERAL IN COME 28
2484		-	TAX UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE AMOUNT DEDUCTED AND 29
2485		-	WITHHELD SHALL REMAI N IN THE FUND UNTIL IT IS TRAN SFERRED TO THE 30
2486		-	INTERNAL REVENUE SERVICE AS A PAYMENT OF INCOME TAX. 31
2487		-
2488		-	8.3–706. 32 HOUSE BILL 496 55
2489		-
2490		-
2491		-
2492		-	(A) AN EMPLOYER MAY SATIS FY THE REQUIREMENTS OF THIS TITLE 1
2493		-	THROUGH A PRIVATE EM PLOYER PLAN CONSISTI NG OF EMPLOYER –PROVIDED 2
2494		-	BENEFITS, INSURANCE, OR A COMBINATION OF BOTH IF THE PRIVATE EMPLOYER 3
2495		-	PLAN IS OFFERED TO ALL OF THE EMPLOYER ’S ELIGIBLE EMPLOYEES AND MEETS 4
2496		-	OR EXCEEDS THE RIGHT S, PROTECTIONS , AND BENEFITS PROVIDE D TO A COVERED 5
2497		-	EMPLOYEE UNDER THIS TITLE. 6
2498		-
2499		-	(B) A PRIVATE EMPLOYER PLA N SHALL BE FILED WIT H THE DIVISION FOR 7
2500		-	APPROVAL. 8
2501		-
2502		-	(C) AN EMPLOYER THAT PROV IDES COVERED EMPLOYEES WITH A PRIVATE 9
2503		-	EMPLOYER PLAN AND AN EMPLOYEE THAT IS COV ERED BY A PRIVATE EM PLOYER 10
2504		-	PLAN ARE EXEMPT FROM THE CONTRIBUTIONS RE QUIRED UNDER SUBTITLE 6 OF 11
2505		-	THIS TITLE. 12
2506		-
2507		-	8.3–707. 13
2508		-
2509		-	IF A COVERED INDIVIDU AL RECEIVES BENEFITS UNDER THIS TITLE OR TAKES 14
2510		-	LEAVE FROM WORK FOR WHICH BENEFITS MAY B E PAID UNDER THIS TI TLE, THE 15
2511		-	EMPLOYER OF THE COVE RED INDIVIDUAL SHALL , ON THE EXPIRATION OF THE 16
2512		-	LEAVE, RESTORE THE COVERED INDIVIDUAL TO AN EQU IVALENT POSITION OF 17
2513		-	EMPLOYMENT . 18
2514		-
2515		-	8.3–708. 19
2516		-
2517		-	IF A COVERED INDIVIDUAL IS RECEIV ING BENEFITS UNDER T HIS TITLE OR IS 20
2518		-	TAKING LEAVE FOR WHI CH BENEFITS MAY BE P AID UNDER THIS TITLE , THE 21
2519		-	EMPLOYER OF THE COVE RED INDIVIDUAL SHALL CONTINUE ANY EMPLOYM ENT 22
2520		-	BENEFITS IN THE SAME MANNER AS REQUIRED U NDER TITLE 3, SUBTITLE 12 OF 23
2521		-	THIS ARTICLE FOR THE TIME PERIOD THAT THE COVERED INDIVIDUAL I S ABSENT 24
2522		-	FROM WORK OR RECEIVI NG BENEFITS UNDER TH IS TITLE. 25
2523		-
2524		-	SUBTITLE 8. NOTICE TO EMPLOYEES. 26
2525		-
2526		-	8.3–801. 27
2527		-
2528		-	(A) AN EMPLOYER SHALL PRO VIDE WRITTEN NOTICE TO EACH EMPLOYEE 28
2529		-	OF THE RIGHTS AND DU TIES OF AN EMPLOYEE UNDER THIS TITLE AT THE TI ME OF 29
2530		-	HIRE AND ANNUALLY TH EREAFTER. 30
2531		-
2532		-	(B) (1) WHEN AN EMPLOYEE REQU ESTS LEAVE UNDER THI S TITLE, OR 31
2533		-	WHEN AN EMPLOYER KNO WS THAT AN EMPLOYEE ’S LEAVE MAY BE FOR A REASON 32
2534		-	UNDER § 8.3–302 OF THIS TITLE, THE EMPLOYER SHALL NOTIFY THE EMPLOYEE OF 33 56 HOUSE BILL 496
2535		-
2536		-
2537		-	THE EMPLOYEE ’S ELIGIBILITY TO TAK E LEAVE FOR WHICH BE NEFITS MAY BE PAID 1
2538		-	UNDER THIS TITLE WIT HIN 5 BUSINESS DAYS. 2
2539		-
2540		-	(2) THE NOTICE PROVIDED U NDER PARAGRAPH (1) OF THIS 3
2541		-	SUBSECTION SHALL INC LUDE: 4
2542		-
2543		-	(I) THE RIGHT OF AN ELIG IBLE EMPLO YEE TO RECEIVE 5
2544		-	PROGRAM BENEFITS UNDE R THIS TITLE; 6
2545		-
2546		-	(II) THE PROCEDURE FOR FI LING A CLAIM FOR BEN EFITS; 7
2547		-
2548		-	(III) AN ELIGIBLE EMPLOYEE ’S RESPONSIBILITIES W ITH 8
2549		-	RESPECT TO PROVIDING NOTIFICATION PRIOR T O THE COMMENCEMENT O F LEAVE 9
2550		-	AND ANY PENALTIES FO R FAILING TO DO SO; 10
2551		-
2552		-	(IV) THE RIGHT OF AN EMPL OYEE TO FILE A COMPL AINT FOR 11
2553		-	ALLEGED VIOLATIONS O F THIS TITLE; 12
2554		-
2555		-	(V) THE RIGHT OF AN ELIG IBLE EMPLOYEE TO JOB 13
2556		-	PROTECTION ; AND 14
2557		-
2558		-	(VI) A DESCRIPTION OF THE PROHIBITED ACTS , PENALTIES, AND 15
2559		-	COMPLAINT PROCEDURES UNDER SUBTITLE 9 OF THIS TITLE. 16
2560		-
2561		-	(C) THE NOTICES REQUIRED UNDER THIS SUBTITLE SHALL BE PROVIDED IN 17
2562		-	ACCORDANCE WITH REGU LATIONS ADOPTED BY T HE SECRETARY. 18
2563		-
2564		-	SUBTITLE 9. PROHIBITED ACTS; PENALTIES. 19
2565		-
2566		-	8.3–901. 20
2567		-
2568		-	(A) IF AN INDIVIDUAL WILL FULLY MAKES A FALSE STATEMENT OR 21
2569		-	MISREPRESENTATION RE GARDING A MATERIAL F ACT OR WILLFULLY FAI LS TO 22
2570		-	REPORT A MATERIAL FA CT TO OBTAIN BENEFIT S UNDER THIS TITLE , THE 23
2571		-	INDIVIDUAL IS DISQUA LIFIED FROM RECEIVIN G BENEFITS FOR 1 YEAR. 24
2572		-
2573		-	(B) IF AN EMPLOYER WILLFU LLY MAKES OR CAUSES TO BE MADE A FALSE 25
2574		-	STATEMENT OR WILLFUL LY FAILS TO REPORT A MATERIAL FACT REGARD ING A 26
2575		-	CLAIM FOR BENEFITS B Y AN EMPLOYEE , THE EMPLOYER IS SUBJ ECT TO A CIVIL 27
2576		-	PENALTY OF UP TO $1,000 FOR EACH OCCURRENCE . 28
2577		-
2578		-	(C) AN EMPLOYER MAY NOT W ILLFULLY: 29
2579		-
2580		-	(1) FAIL OR REFUSE TO PAY CONTRIBUTIONS TO THE FUND; OR 30 HOUSE BILL 496 57
2581		-
2582		-
2583		-
2584		-	(2) TAKE DEDUCTIONS FROM THE WAGES OF AN EMPL OYEE TO PAY 1
2585		-	ANY PORTION OF THE E MPLOYER CONTRIBUTION S DUE FROM THE EMPLO YER. 2
2586		-
2587		-	8.3–902. 3
2588		-
2589		-	(A) THE DIVISION MAY SEEK REP AYMENT OF BENEFITS F ROM AN 4
2590		-	INDIVIDUAL WHO RECEI VED BENEFITS UNDER THIS TITLE IF: 5
2591		-
2592		-	(1) THE BENEFITS WERE PA ID ERRONEOUSLY OR AS A RESULT OF 6
2593		-	WILLFUL MISREPRESENT ATION BY THE INDIVID UAL; OR 7
2594		-
2595		-	(2) A CLAIM FOR BENEFITS UNDER THIS TITLE IS REJECTED AFTER 8
2596		-	THE BENEFITS WERE PA ID. 9
2597		-
2598		-	(B) THE SECRETARY MAY WAIVE I N WHOLE OR IN PART T HE REPAYMENT OF 10
2599		-	BENEFITS UNDER SUBSE CTION (A) OF THIS SECTION IF: 11
2600		-
2601		-	(1) THE ERROR IN PAYMENT WAS NOT DUE TO ANY F ALSE STATEMENT , 12
2602		-	NONDISCLOSURE OF MAT ERIAL FACT, OR MISREPRESENTATION BY A COVERED 13
2603		-	INDIVIDUAL; OR 14
2604		-
2605		-	(2) THE REPAYMENT WOULD BE AGAINST EQU ITY AND GOOD 15
2606		-	CONSCIENCE OR ADMINI STRATIVE EFFICIENCY . 16
2607		-
2608		-	8.3–903. 17
2609		-
2610		-	IF AN EMPLOYER FAILS TO PAY THE CONTRIBUT IONS DUE TO THE FUND, THE 18
2611		-	SECRETARY MAY , IN ACCORDANCE WITH § 8.3–404 OF THIS TITLE: 19
2612		-
2613		-	(1) ASSESS THE AMOUNT OF CONTRIBUTIONS AND INTEREST DUE ; 20
2614		-
2615		-	(2) MAKE AN ADDITIONAL A SSESSMENT IN AN AMOU NT NOT TO 21
2616		-	EXCEED TWO TIMES THE CONTRIBUTIONS WITHHE LD, AS A PENALTY FOR FAI LURE 22
2617		-	TO PAY THE CONTRIBUT IONS DUE; AND 23
2618		-
2619		-	(3) ORDER AN AUDIT OF TH E EMPLOYER FOR THE I MMEDIATELY 24
2620		-	FOLLOWING FISCAL YE AR TO INVESTIGATE AN D DETERMINE COMPLIAN CE WITH 25
2621		-	THIS TITLE AND TITLES 3, 8, AND 9 OF THIS ARTICLE. 26
2622		-
2623		-	8.3–904. 27
2624		-	58 HOUSE BILL 496
2625		-
2626		-
2627		-	A PERSON MAY NOT DISCH ARGE, DEMOTE, OR OTHERWISE DISCRIM INATE OR 1
2628		-	TAKE ADVERSE ACTION AGAINST A COVERED IN DIVIDUAL BECAUSE THE COVERED 2
2629		-	INDIVIDUAL HAS: 3
2630		-
2631		-	(1) FILED FOR, APPLIED FOR, OR RECEIVED BENEFITS , OR TAKEN 4
2632		-	FAMILY OR MEDICAL LE AVE FOR WHICH BENEFI TS MAY BE PAID UNDER THIS TITLE; 5
2633		-
2634		-	(2) INQUIRED ABOUT THE R IGHTS AND RESPONSIBI LITIES UNDER 6
2635		-	THIS TITLE; 7
2636		-
2637		-	(3) COMMUNICATED TO THE PERSON AN INTENT TO FILE A CLAIM, A 8
2638		-	COMPLAINT, OR AN APPEAL UNDER T HIS TITLE; OR 9
2639		-
2640		-	(4) TESTIFIED OR INTENDS TO TESTIFY OR OTHERW ISE HAS ASSISTED 10
2641		-	IN A PROCEEDING UNDE R THIS TITLE. 11
2642		-
2643		-	8.3–905. 12
2644		-
2645		-	(A) (1) AN EMPLOYEE ALLEGING A VIOLATION OF THIS SUBTITLE MAY 13
2646		-	FILE A COMPLAINT WITH THE SECRETARY TO RECOVER LOST WAGES AND DAMAG ES 14
2647		-	EQUAL TO THE AMOUNT OF WAGES, SALARY, EMPLOYMENT BENEFITS , OR OTHER 15
2648		-	COMPENSATION DENIED OR LOST, AND APPROPRIATE PUNI TIVE DAMAGES . 16
2649		-
2650		-	(2) A COMPLAINT UNDER THIS SUBSECTION MAY ALSO SEEK 17
2651		-	APPROPRIATE RELIE F INCLUDING REINSTAT EMENT OR THE HIRING OF EMPLOYEES 18
2652		-	WITH OR WITHOUT BACK PAY. 19
2653		-
2654		-	(B) THIS SECTION DOES NOT DEPRIVE A PRIVATE RI GHT OR CAUSE OF 20
2655		-	ACTION TO ANY EMPLOY EE FOR VIOLATIONS OF § 8.3–904 OF THIS SUBTITLE OR § 21
2656		-	8.3–707 OF THIS TITLE. 22
2657		-
2658		-	8.3–906. 23
2659		-
2660		-	(A) (1) NOTWITHSTANDING ANY A DMINISTRATIVE REMEDY AVAILABLE 24
2661		-	UNDER § 8.3–905 OF THIS SUBTITLE, AN EMPLOYEE MAY BRIN G AN ACTION AGAINST 25
2662		-	AN EMPLOYER FOR VIOL ATIONS OF § 8.3–904 OF THIS SUBTITLE OR § 8.3–707 OR § 26
2663		-	8.3–708 OF THIS TITLE TO REC OVER LOST WAGES AND DAMAGES EQUAL TO THE 27
2664		-	AMOUNT OF WAGES , SALARY, EMPLOYMENT BENEFITS , OR OTHER COMPENSATIO N 28
2665		-	DENIED OR LOST , AND APPROPRIATE PUNI TIVE DAMAGES . 29
2666		-
2667		-	(2) AN ACTION UNDER THIS SUBSECTION MAY SEEK INJUNCTIVE AND 30
2668		-	OTHER APPROPRIATE EQ UITABLE RELIEF INCLU DING REINSTATEMEN T OR THE 31
2669		-	HIRING OF EMPLOYEES WITH OR WITHOUT BACK PAY. 32
2670		-	HOUSE BILL 496 59
2671		-
2672		-
2673		-	(B) ON A FINDING THAT AN EMPLOYEE IS ENTITLED TO JUDGMENT IN AN 1
2674		-	ACTION UNDER SUBSECT ION (A) OF THIS SECTION , THE COURT SHALL ALLO W 2
2675		-	AGAINST THE EMPLOYER REASONABLE ATTORNEY ’S FEES AND OTHER COS TS. 3
2676		-
2677		-	8.3–907. 4
2678		-
2679		-	(A) (1) THE SECRETARY SHALL ESTAB LISH A SYSTEM FOR AP PEALS BY 5
2680		-	COVERED INDIVIDUALS IN THE CASE OF DENIA L OF BENEFITS UNDER THIS TITLE. 6
2681		-
2682		-	(2) THE SECRETARY MAY USE THE PROCEDURES UNDER § 8–806 OF 7
2683		-	THIS ARTICLE FOR THE SYSTEM REQUIRED UNDE R PARAGRAPH (1) OF THIS 8
2684		-	SUBSECTION. 9
2685		-
2686		-	(B) JUDICIAL REVIEW OF AN Y DECISION WITH RESP ECT TO BENEFITS 10
2687		-	UNDER THIS TITLE SHA LL BE ALLOWED IN A C OURT OF COMPETENT JU RISDICTION 11
2688		-	AFTER AN AGGRIEVED P ARTY HAS EXHAUSTED A LL ADMINISTRATIVE RE MEDIES 12
2689		-	ESTABLISHED BY THE SECRETARY U NDER THIS TITLE. 13
2690		-
2691		-	(C) THE SECRETARY SHALL IMPLE MENT PROCEDURES TO E NSURE 14
2692		-	CONFIDENTIALITY OF A LL INFORMATION RELAT ED TO ANY CLAIMS FIL ED OR 15
2693		-	APPEALS TAKEN TO THE MAXIMUM EXTENT ALLOW ED BY LAW. 16
2694		-
2695		-	SUBTITLE 10. SHORT TITLE. 17
2696		-
2697		-	8.3–1001. 18
2698		-
2699		-	THIS TITLE MAY BE CIT ED AS THE MARYLAND FAMILY AND MEDICAL LEAVE 19
2700		-	INSURANCE PROGRAM. 20
2701		-
2702		-	Article – State Finance and Procurement 21
2703		-
2704		-	6–226. 22
2705		-
2706		-	(a) (2) (i) Notwithstanding any other provision of law, and unless 23
2707		-	inconsistent with a federal law, grant agreement, or other federal requirement or with the 24
2708		-	terms of a gift or settlement agreement, net interest on all State money allocated by the 25
2709		-	State Treasurer under this section to special funds or accounts, and otherwise entitled to 26
2710		-	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 27
2711		-	Fund of the State. 28
2712		-
2713		-	(ii) The provisions of subparagraph (i) of this paragraph do not apply 29
2714		-	to the following funds: 30
2715		-
2716		-	144. the Health Equity Resource Community Reserve Fund; 31
2717		-	[and] 32 60 HOUSE BILL 496
2718		-
2719		-
2720		-
2721		-	145. the Access to Counsel in Evictions Special Fund; AND 1
2722		-
2723		-	146. THE FAMILY AND MEDICAL LEAVE INSURANCE 2
2724		-	FUND. 3
2725		-
2726		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 4
2727		-	apply only prospectively and may not be applied or interpreted to have any effect on or 5
2728		-	application to any collective bargaining agreement entered into before the effective date of 6
2729		-	this Act. 7
2730		-
2731		-	SECTION 3. AND BE IT FURTHER ENACTED, That, on or before October 1, 2022, 8
2732		-	the Secretary of Labor shall adopt regulations as required under § 8.3–403 of the Labor and 9
2733		-	Employment Article, as enacted by Section 1 of this Act it is the intent of the General 10
2734		-	Assembly that $25,000,000 be set aside in the fiscal year 2023 budget to support the work 11
2735		-	of the Commission on the Establishment of a Family Medical Leave and Insurance 12
2736		-	Program, as enacted by Section 1 of this Act, and any other changes necessary for the 13
2737		-	Maryland Department of Labor to prepare for the implementation of a Family Medical 14
2738		-	Leave and Insurance Program. 15
2739		-
2740		-	SECTION 4. 3. AND BE IT FURTHER ENACTED, That it is the intent of the 16
2741		-	General Assembly that the statutory framework establishing a Family Medical Leave and 17
2742		-	Insurance Program in the State shall: 18
2743		-
2744		-	(1) general funds be loaned to the Family and Medical Leave Insurance 19
2745		-	Fund by July 1, 2023, in an amount sufficient to supplement contributions and provide 20
2746		-	funding for costs to administer the Family and Medical Leave Insurance Program; and 21
2747		-
2748		-	(2) any funds loaned to the Family and Medical Leave Insurance Fund be 22
2749		-	repaid to the General Fund by the Secretary of Labor as soon as the Fund receives enough 23
2750		-	contributions to become self–sustaining be effective not later than June 1, 2023; 24
2751		-
2752		-	(2) include, to the extent practicable, the findings and recommendations of 25
2753		-	the Commission on the Family Medical Leave and Insurance Program, as enacted by 26
2754		-	Section 1 of this Act; 27
2755		-
2756		-	(3) enable individuals to receive benefits under the Program by June 1, 28
2757		-	2024; 29
2758		-
2759		-	(4) require employers and employees to share in the cost of contributions 30
2760		-	to fund the Program; and 31
2761		-
2762		-	(5) generally provide temporary benefits to certain individuals who take 32
2763		-	leave from employment for family– and medical–related reasons. 33
2764		-	HOUSE BILL 496 61
2765		-
2766		-
2767		-	SECTION 5. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
2768		-	June 1, 2022. Section 2 of this Act shall remain effective for a period of 1 year and 1 month 2
2769		-	and, at the end of June 30, 2023, this Act, with no further action required by the General 3
2770		-	Assembly, shall be abrogated and of no further force and effect. 4
2771		-
2772		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be c onstrued to 5
2773		-	apply only prospectively and may not be applied or interpreted to have any effect on or 6
2774		-	application to any collective bargaining agreement entered into before the effective date of 7
2775		-	this Act. 8
2776		-
2777		-	SECTION 3. AND BE IT FURTHER ENACTED, That: 9
2778		-
2779		-	(a) On or before June 1, 2023, the Secretary of Labor shall set the total rate of 10
2780		-	contribution and percentage of the total rate of contribution to be paid by employees of 11
2781		-	employers and employers with 15 or more employees under § 8.3–601(a) of the Labor and 12
2782		-	Employment Article, as enacted by Section 1 of this Act, effective October 1, 2023. 13
2783		-
2784		-	(b) The rate and percentages set under subsection (a) of this section shall be: 14
2785		-
2786		-	(1) based on the study required under Section 11(2) of this Act; and 15
2787		-
2788		-	(2) in effect from October 1, 2023, through December 31, 2025, both 16
2789		-	inclusive. 17
2790		-
2791		-	SECTION 4. AND BE IT FURTHER ENACTED, That, on or before January 1, 2023, 18
2792		-	the Maryland Department of Labor shall report to the Senate Finance Committee and the 19
2793		-	House Economic Matters Committee, in accordance with § 2–1257 of the State Government 20
2794		-	Article, on whether a covered employee using benefits under the Maryland Family and 21
2795		-	Medical Leave Insurance Program established under § 8.3 –301 of the Labor and 22
2796		-	Employment Article, as enacted by Section 1 of this Act, is also eligible for Unemployment 23
2797		-	Insurance Benefits under Title 8 of the Labor and Employment Article and the effect that 24
2798		-	dual eligibility has on employer ratings. 25
2799		-
2800		-	SECTION 5. AND BE IT FURTHER ENACTED, That the Maryland Department of 26
2801		-	Labor shall: 27
2802		-
2803		-	(1) conduct an actuarial study on the cost to the State for paying the 28
2804		-	required contribution for community providers, as described in Section 7 of this Act, under 29
2805		-	§ 8.3–601 of the Labor and Employment Article, as enacted by Section 1 of this Act; and 30
2806		-
2807		-	(2) on or before October 1, 2022, report the actuary’s findings and 31
2808		-	recommendations to the Senate Finance Committee and the House Economic Matters 32
2809		-	Committee, in accordance with § 2–1257 of the State Government Article. 33
2810		-
2811		-	SECTION 6. AND BE IT FURTHER ENACTED, That the Department of Legislative 34
2812		-	Services shall: 35
2813		-	62 HOUSE BILL 496
2814		-
2815		-
2816		-	(1) contract with a consultant to study and make recommendations 1
2817		-	regarding the capability and capacity of the Maryland Department of Labor to implement 2
2818		-	and administer the Family and Medical Leave Insurance Program under Title 8.3 of the 3
2819		-	Labor and Employment Article, as enacted by Section 1 of this Act, including 4
2820		-	recommendations regarding any additional resources needed by the Department to meet 5
2821		-	future demands of the Program, such as operating budget appropriations, staff, contracting 6
2822		-	authority, and pay increases; and 7
2823		-
2824		-	(2) on or before October 1, 2022, report the consultant’s findings and 8
2825		-	recommendations to the Governor and, in accordance with § 2–1257 of the State Government 9
2826		-	Article, the General Assembly. 10
2827		-
2828		-	SECTION 7. AND BE IT FURTHER ENACTED, That it is the intent of the General 11
2829		-	Assembly that the State pay the required contribution under § 8.3–601 of the Labor and 12
2830		-	Employment Article, as enacted by Section 1 of this Act, to the Family and Medical Leave 13
2831		-	Insurance Fund established under § 8.3–501 of the Labor and Employment Article, as 14
2832		-	enacted by Section 1 of this Act, for employers that are community providers that are 15
2833		-	community–based agencies or programs funded by the Behavioral Health Administration, 16
2834		-	the Developmental Disabilities Administration, or the Medical Care Programs 17
2835		-	Administration to serve individuals with mental disorders, substance–related disorders, or 18
2836		-	a combination of those disorders or developmental disabilities. 19
2837		-
2838		-	SECTION 8. AND BE IT FURTHER ENACTED, That, if a covered employee makes 20
2839		-	an hourly wage that is less than $15.00 an hour, it is the intent of the General Assembly that 21
2840		-	the State pay the covered employee’s required contribution under § 8.3–601 of the Labor and 22
2841		-	Employment Article, as enacted by Section 1 of this Act, to the Family and Medical Leave 23
2842		-	Insurance Fund established under § 8.3–501 of the Labor and Employment Article, as 24
2843		-	enacted by Section 1 of this Act. 25
2844		-
2845		-	SECTION 9. AND BE IT FURTHER ENACTED, That Section 8 of this Act shall 26
2846		-	remain effective for a period of 3 years and 6 months and, at the end of June 30, 2026, 27
2847		-	Section 8 of this Act, with no further action required by the General Assembly, shall be 28
2848		-	abrogated and of no further force and effect. 29
2849		-
2850		-	SECTION 10. AND BE IT FURTHER ENACTED, That, on or before June 1, 2023, 30
2851		-	the Secretary of Labor shall adopt regulations as required under § 31
2852		-	8.3–403 of the Labor and Employment Article, as enacted by Section 1 of this Act. 32
2853		-
2854		-	SECTION 11. AND BE IT FURTHER ENACTED, Th at, on or before December 1, 33
2855		-	2022, the Secretary of Labor shall: 34
2856		-
2857		-	(1) conduct the cost analysis described in § 8.3–601(b) of the Labor and 35
2858		-	Employment Article, as enacted by Section 1 of this Act; 36
2859		-
2860		-	(2) conduct the study and make recommendations as desc ribed in § 37
2861		-	8.3–601(c) of the Labor and Employment Article, as enacted by Section 1 of this Act; and 38
2862		-	HOUSE BILL 496 63
2863		-
2864		-
2865		-	(3) report the findings and recommendations to the Senate Finance 1
2866		-	Committee, the House Economic Matters Committee, and the Joint Committee on 2
2867		-	Administrative, Executive, and Legislative Review in accordance with § 2–1257 of the State 3
2868		-	Government Article. 4
2869		-
2870		-	SECTION 12. AND BE IT FURTHER ENACTED, That Sections 1, 7, 8, and 10 of 5
2871		-	this Act shall take effect January 1, 2023. 6
2872		-
2873		-	SECTION 13. AND BE IT FU RTHER ENACTED, That, except as provided in 7
2874		-	Section 12 of this Act, this Act shall take effect June 1, 2022. 8
	1401	+	SECTION 5. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
	1402	+	June 1, 2022. Section 2 of this Act shall remain effective for a period of 1 year and 1 month 6
	1403	+	and, at the end of June 30, 2023, this Act, with no further action required by the General 7
	1404	+	Assembly, shall be abrogated and of no further force and effect. 8
2875	1405
2876	1406
2877	1407
2878	1408
2879	1409		Approved:
2880	1410		________________________________________________________________________________
2881	1411		Governor.
2882	1412		________________________________________________________________________________
2883	1413		Speaker of the House of Delegates.
2884	1414		________________________________________________________________________________
2885	1415		President of the Senate.