EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0008*
HOUSE BILL 8
K3 2lr0638
HB 375/21 – ECM (PRE–FILED) CF 2lr0702
By: Delegate Valderrama
Requested: October 5, 2021
Introduced and read first time: January 12, 2022
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Labor and Employment – Family and Medical Leave Insurance Program – 2
Establishment 3
(Time to Care Act of 2022) 4
FOR the purpose of establishing the Family and Medical Leave Insurance Program in the 5
Maryland Department of Labor to provide certain benefits to individuals who take 6
leave from employment for certain purposes; establishing the Family and Medical 7
Leave Insurance Fund as a special, nonlapsing fund; requiring, beginning on a 8
certain date, certain employees, employers, and self–employed individuals to 9
contribute to the Fund in a certain manner; requiring the Department, under certain 10
circumstances, to deduct and withhold a certain amount from benefits paid; 11
authorizing certain employees to bring a certain action against certain employers for 12
certain violations of this Act under certain circumstances; requiring the Secretary of 13
Labor to establish a system of appeals for certain covered individuals; requiring that 14
certain judicial review be allowed after a certain aggrieved party has exhausted 15
certain administrative remedies; requiring interest earnings of the Fund to be 16
credited to the Fund; and generally relating to the Family and Medical Leave 17
Insurance Program. 18
BY adding to 19
Article – Labor and Employment 20
Section 8.3–101 through 8.3–1001 to be under the new title “Title 8.3. Family and 21
Medical Leave Insurance Program” 22
Annotated Code of Maryland 23
(2016 Replacement Volume and 2021 Supplement) 24
BY repealing and reenacting, without amendments, 25
Article – State Finance and Procurement 26
Section 6–226(a)(2)(i) 27
Annotated Code of Maryland 28 2 HOUSE BILL 8
(2021 Replacement Volume) 1
BY repealing and reenacting, with amendments, 2
Article – State Finance and Procurement 3
Section 6–226(a)(2)(ii)144. and 145. 4
Annotated Code of Maryland 5
(2021 Replacement Volume) 6
BY adding to 7
Article – State Finance and Procurement 8
Section 6–226(a)(2)(ii)146. 9
Annotated Code of Maryland 10
(2021 Replacement Volume) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Labor and Employment 14
TITLE 8.3. FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. 15
SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS. 16
8.3–101. 17
(A) IN THIS TITLE THE FOL LOWING WORDS HAVE TH E MEANINGS 18
INDICATED. 19
(B) “APPLICATION YEAR ” MEANS THE 12–MONTH PERIOD BEGINNI NG ON 20
THE FIRST DAY OF THE CALENDAR WEEK IN WHI CH A COVERED INDIVID UAL FILES 21
AN APPLICATION FOR B ENEFITS. 22
(C) “BENEFITS” MEANS THE MONEY PAYA BLE UNDER THIS TITLE TO A 23
COVERED INDIVIDUAL. 24
(D) “COVERED EMPLOYEE ” MEANS AN EMPLOYEE WH O HAS WORKED AT 25
LEAST 680 HOURS OVER THE 12–MONTH PERIOD IMMEDIA TELY PRECEDING THE 26
DATE ON WHICH LEAVE IS TO BEGIN. 27
(E) “COVERED INDIVIDUAL ” MEANS A COVERED EMPL OYEE OR A 28
SELF–EMPLOYED INDIVIDUAL WHO ELECTS TO PARTIC IPATE IN THE PROGRAM 29
UNDER § 8.3–201 OF THIS TITLE. 30
(F) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF LABOR. 31
HOUSE BILL 8 3
(G) “EMPLOYER” MEANS A PERSON OR GO VERNMENTAL ENTITY TH AT 1
EMPLOYS AT LEAST ONE INDIVIDUAL IN THE STATE. 2
(H) “FAMILY MEMB ER” MEANS: 3
(1) A BIOLOGICAL CHILD , AN ADOPTED CHILD , A FOSTER CHILD, OR A 4
STEPCHILD OF THE COV ERED INDIVIDUAL ; 5
(2) A CHILD FOR WHOM THE COVERED INDIVIDUAL H AS LEGAL OR 6
PHYSICAL CUSTODY OR GUARDIANSHIP ; 7
(3) A CHILD FOR WHOM THE COVERED INDIVIDUAL STANDS IN LOCO 8
PARENTIS, REGARDLESS OF THE CH ILD’S AGE; 9
(4) A BIOLOGICAL PARENT , AN ADOPTIVE PARENT , A FOSTER PARENT , 10
OR A STEPPARENT OF T HE COVERED INDIVIDUA L OR OF THE COVERED INDIVIDUAL’S 11
SPOUSE; 12
(5) THE LEGAL GUARDIAN O F THE COVERED INDIVI DUAL OR THE 13
WARD OF THE COVERED INDIVIDUAL OR OF THE COVERED INDIVIDUAL ’S SPOUSE; 14
(6) AN INDIVIDUAL WHO AC TED AS A PARENT OR S TOOD IN LOCO 15
PARENTIS TO THE COVE RED INDIVIDUAL OR TH E COVERED INDIVIDUAL ’S SPOUSE 16
WHEN THE COVERED IND IVIDUAL OR THE COVER ED INDIVIDUAL’S SPOUSE WAS A 17
MINOR; 18
(7) THE SPOUSE OF THE CO VERED INDIVIDUAL ; 19
(8) A BIOLOGICAL GRANDPA RENT, AN ADOPTED GRANDPARE NT, A 20
FOSTER GRANDPARENT , OR A STEPGRANDPARENT OF THE COVERED INDIV IDUAL; 21
(9) A BIOLOGICAL GRANDCH ILD, AN ADOPTED GRANDCHIL D, A 22
FOSTER GRANDCHILD , OR A STEPGRANDCHILD OF THE COVERED INDIV IDUAL; OR 23
(10) A BIOLOGICAL SIBLING , AN ADOPTED SIBLING , A FOSTER SIBLING, 24
OR A STEPSIBLING OF THE COVERED INDIVIDU AL. 25
(I) “FUND” MEANS THE FAMILY AND MEDICAL LEAVE INSURANCE FUND 26
ESTABLISHED UN DER § 8.3–501 OF THIS TITLE. 27
(J) “GOVERNMENTAL ENTITY ” HAS THE MEANING STAT ED IN § 8–101 OF 28
THIS ARTICLE. 29
4 HOUSE BILL 8
(K) “NEXT OF KIN” MEANS THE NEAREST BL OOD RELATIVE . 1
(L) “PROGRAM” MEANS THE FAMILY AND MEDICAL LEAVE INSURANCE 2
PROGRAM ESTABLISHED U NDER § 8.3–301 OF THIS TITLE. 3
(M) “QUALIFYING EXIGENCY ” MEANS ANY OF THE FOL LOWING REASONS 4
FOR WHICH LEAVE MAY BE NEEDED BY A FAMIL Y MEMBER OF A SERVIC E MEMBER: 5
(1) BECAUSE THE SERVICE MEMBER HAS RECEIVED NOTICE OF 6
DEPLOYMENT WITHIN 7 DAYS BEFORE THE DEPL OYMENT IS TO BEGIN; 7
(2) TO ATTEND MILITARY E VENTS AND RELATED AC TIVITIES 8
INCLUDING FAMILY SUP PORT PROGRAMS RELATE D TO THE ACTIVE DUTY OF THE 9
SERVICE MEMBER ; 10
(3) TO ARRANGE , PROVIDE, OR ATTEND CHILD CARE OR SCHOOL 11
ACTIVITIES ONLY WHEN THE SERVICE MEMBER I S ON ACTIVE DUTY CALL O R ACTIVE 12
DUTY STATUS; 13
(4) TO MAKE FINANCIAL AN D LEGAL ARRANGEMENTS FOR THE 14
SERVICE MEMBER ’S ABSENCE OR BECAUSE OF THE ABSENCE ; 15
(5) TO ATTEND COUNSELING THAT: 16
(I) IS NEEDED DUE TO THE ACTIVE DUTY OR CALL TO ACTIVE 17
DUTY STATUS O F THE SERVICE MEMBER ; AND 18
(II) IS PROVIDED BY AN IN DIVIDUAL WHO IS NOT A LICENSED 19
HEALTH CARE PROVIDER ; 20
(6) TO SPEND UP TO 15 CALENDAR DAYS WITH A SERVICE MEMBER 21
WHO IS ON SHORT –TERM TEMPORARY REST AND RECUPERATION LEA VE DURING 22
THE PERIOD OF DEPLOY MENT; 23
(7) TO ATTEND POSTDEPLOY MENT ACTIVITIES INCL UDING 24
REINTEGRATION SERVIC ES FOR A PERIOD OF 90 DAYS IMMEDIATELY FOL LOWING 25
THE TERMINATION OF A CTIVE STATUS; 26
(8) TO ATTEND TO MATTERS RELATED TO THE DEATH OF THE 27
SERVICE MEMBER WHILE ON ACTIVE DUTY ST ATUS; 28
(9) TO ARRANGE FOR OR PR OVIDE ALTERNATIVE CA RE FOR A PARENT 29
OF THE SERVICE MEMBE R WHEN THE PARENT IS INCAPABLE OF SELF –CARE AND THE 30 HOUSE BILL 8 5
COVERED ACTIVE DUTY OR CALL TO ACTIVE DU TY NECESSITATES A CH ANGE; OR 1
(10) BECAUSE OF ANY OTHER ISSUES THAT ARISE OUT OF ACTIVE DUTY 2
OR A CALL TO ACTIVE DUTY THAT AN EMPLOYE R AND COVERED EMPLOY EE AGREE 3
SHOULD BE COVERED . 4
(N) “SECRETARY” MEANS THE SECRETARY OF LABOR. 5
(O) (1) “SERIOUS HEALTH CONDIT ION” MEANS AN ILLNESS , AN INJURY, 6
AN IMPAIRMENT , OR A PHYSICAL OR MENTAL CONDITION THA T INVOLVES: 7
(I) INPATIENT CARE IN A HOSPITAL, HOSPICE, OR RESIDENTIAL 8
HEALTH CARE FACILITY ; 9
(II) CONTINUED TREATMENT BY A LICENSED HEALTH CARE 10
PROVIDER; OR 11
(III) CONTINUED TREATMENT OR SUPERVISION AT HO ME BY A 12
LICENSED HEALT H CARE PROVIDER OR O THER COMPETENT INDIV IDUAL UNDER 13
THE SUPERVISION OF A LICENSED HEALTH CARE PROVIDER. 14
(2) “SERIOUS HEALTH CONDIT ION” INCLUDES AN ILLNESS , AN 15
INJURY, AN IMPAIRMENT , OR A PHYSICAL OR MEN TAL CONDITION DESCRI BED IN 16
PARAGRAPH (1) OF THIS SU BSECTION THAT CONTIN UES OVER AN EXTENDED 17
PERIOD OF TIME AND R EQUIRES INTERMITTENT TREATMENT . 18
(P) “SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS AN ACTIVE DUT Y OR 19
FORMER MEMBER OF : 20
(1) THE UNITED STATES ARMED FORCES ; 21
(2) A RESERVE COMPONENT OF THE UNITED STATES ARMED FORCES ; 22
OR 23
(3) THE NATIONAL GUARD OF ANY STATE . 24
(Q) “TREATMENT” INCLUDES: 25
(1) EXAMINATIONS OR TEST ING TO DETERMINE THE EXTENT TO 26
WHICH A SERIOUS HEAL TH CONDITION EXISTS OR PERSISTS; 27
(2) ONGOING OR PERIODIC EVALUATIONS OF THE S ERIOUS HEALTH 28
CONDITION; AND 29 6 HOUSE BILL 8
(3) ACTUAL TREATMENT BY A HEALTH CARE PROVID ER. 1
8.3–102. 2
(A) THIS SECTION DOES NOT APPLY TO THE DISCLOS URE OF INFORMATION 3
TO: 4
(1) A PUBLIC EMPLOYEE IN THE PERFORMANCE OF T HE PUBLIC 5
EMPLOYEE’S OFFICIAL DUTIES; 6
(2) THE INDIVIDUAL TO WHOM T HE INFORMATION RELAT ES; OR 7
(3) IF AN AUTHORIZED REP RESENTATIVE HAS THE SIGNED 8
AUTHORIZATION OF THE INDIVIDUAL TO WHOM T HE INFORMATION RELAT ES, THE 9
AUTHORIZED REPRESENT ATIVE. 10
(B) AN EMPLOYEE OF THE DEPARTMENT MAY NOT DI SCLOSE INFORM ATION 11
RELATING TO AN INDIV IDUAL WHO HAS APPLIE D FOR OR RECEIVED BE NEFITS 12
UNDER THIS TITLE . 13
SUBTITLE 2. SCOPE OF TITLE. 14
8.3–201. 15
(A) (1) A SELF–EMPLOYED INDIVIDUAL MAY ELECT TO PARTICI PATE IN 16
THE PROGRAM BY FILING A W RITTEN NOTICE OF ELE CTION WITH THE SECRETARY 17
IN ACCORDANCE WITH R EGULATIONS ADOPTED B Y THE SECRETARY. 18
(2) AN ELECTION MADE UNDE R PARAGRAPH (1) OF THIS SUBSECTION 19
BECOMES EFFECTIVE ON THE DATE THE WRITTEN NOTICE IS FILED. 20
(B) (1) IF A SELF–EMPLOYED INDIVIDUAL ELECTS TO PARTICIPAT E IN 21
THE PROGRAM UNDER SUBSECT ION (A) OF THIS SECTION , THE INDIVIDUAL SHALL 22
PARTICIPATE FOR AN I NITIAL PERIOD OF NOT LESS THAN 3 YEARS. 23
(2) ONCE THE INITIAL PART ICIPATION PERIOD EXP IRES, THE 24
SELF–EMPLOYED INDIVIDUAL MAY RENEW PARTICIPAT ION IN THE PROGRAM FOR A 25
PERIOD OF NOT LESS T HAN 1 YEAR. 26
(3) IF THE SELF–EMPLOYED INDIVIDUAL DOES NOT WISH TO REN EW 27
PARTICIPATION IN THE PROGRAM UNDER PARAGRA PH (2) OF THIS SUBSECTION , 28
WITHIN 30 DAYS BEFORE THE PART ICIPATION PERIOD EXP IRES, THE 29 HOUSE BILL 8 7
SELF–EMPLOYED INDIVIDUAL SHALL NOTIFY THE SECRETARY IN WRITING OF THE 1
SELF–EMPLOYED INDIVIDUAL ’S WITHDRAWAL FROM TH E PROGRAM. 2
(C) DURING THE PERIOD A S ELF–EMPLOYED INDIVIDUAL PARTICIPATES IN 3
THE PROGRAM, THE SELF–EMPLOYED INDIVIDUAL SHALL PAY THE CONTRI BUTION 4
REQUIRED UNDER § 8.3–601 OF THIS TITLE. 5
8.3–202. 6
THIS TITLE MAY NOT BE CONSTRUED TO DIMINIS H AN EMPLOYER ’S 7
OBLIGATION TO COMPLY WITH A COLLECTIVE BA RGAINING AGREEMENT O R AN 8
EMPLOYER POLICY THAT ALLOWS AN EMPLOYEE T O TAKE LEAVE FOR A L ONGER 9
PERIOD OF TIME THAN THE EMPLOYEE WOULD BE ABLE TO RECEIVE B ENEFITS 10
UNDER THIS TITLE . 11
8.3–203. 12
(A) AN EMPLOYEE ’S RIGHT TO BENEFITS UNDER THIS TITLE MAY NOT BE 13
DIMINISHED BY A COLL ECTIVE BARGAINING AG REEMENT ENTERED INTO OR 14
RENEWED OR BY AN EMP LOYER POLICY ADOPTED OR RETAINED ON OR AF TER JUNE 15
1, 2022. 16
(B) AN AGREEMENT TO WAIVE THE EMPLOYEE ’S RIGHTS UNDER THIS TITLE 17
IS VOID AS AGAINST P UBLIC POLICY. 18
SUBTITLE 3. ESTABLISHMENT OF PROGRAM. 19
8.3–301. 20
THERE IS A FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM IN THE 21
DEPARTMENT . 22
8.3–302. 23
THE PURPOSE OF THE PROGRAM IS TO PROVIDE TEMPORARY BENEFITS T O A 24
COVERED INDIVIDUAL W HO IS TAKING LEAVE F ROM EMPLOYMENT : 25
(1) TO CARE FOR A CHILD DURING THE FIRST YEA R AFTER THE 26
CHILD’S BIRTH OR AFTER THE PLACEMENT OF THE CHI LD THROUGH FOSTER CA RE, 27
KINSHIP CARE, OR ADOPTION; 28
(2) TO CARE FOR A FAMILY MEMBER WITH A SERIOU S HEALTH 29
CONDITION; 30 8 HOUSE BILL 8
(3) BECAUSE THE COVERED INDIVIDUAL HAS A SER IOUS HEALTH 1
CONDITION THAT RESUL TS IN THE COVERED IN DIVIDUAL BEING UNABL E TO 2
PERFORM THE FUNCTION S OF THE COVERED INDIVIDUAL’S POSITION; 3
(4) TO CARE FOR A SERVIC E MEMBER WHO IS THE COVERED 4
INDIVIDUAL’S NEXT OF KIN; OR 5
(5) BECAUSE THE COVERED INDIVIDUAL HAS A QUA LIFYING 6
EXIGENCY ARISING OUT OF THE DEPLOYMENT OF A SERVICE MEMBER WHO IS A 7
FAMILY MEMBER OF THE COVERED INDIVIDUAL. 8
SUBTITLE 4. ADMINISTRATION . 9
8.3–401. 10
THIS TITLE SHALL BE A DMINISTERED UNDER TH E SUPERVISION OF THE 11
SECRETARY. 12
8.3–402. 13
THE SECRETARY MAY DELEGAT E TO AN EMPLOYEE OF THE DEPARTMENT ANY 14
POWER OR DUTY THAT I S REASONABLE AND PRO PER FOR THE ADMINISTRATION OF 15
THIS TITLE. 16
8.3–403. 17
(A) THE SECRETARY SHALL : 18
(1) SUBJECT TO SUBSECTIO N (B) OF THIS SECTION , ADOPT 19
REGULATIONS NECESSAR Y TO CARRY OUT THIS TITLE; 20
(2) ESTABLISH PROCEDURES AND FORMS FOR FILING CLAIMS FOR 21
BENEFITS, INCLUDING: 22
(I) PROCEDURES FOR NOTIF YING AN EMPLOYER WIT HIN 5 23
BUSINESS DAYS AFTER AN EMPLOYEE OF THE E MPLOYER FILES A CLAI M FOR 24
BENEFITS UNDER THIS TITLE; AND 25
(II) NOTICES OF ELECTIONS BY SELF–EMPLOYED INDIVIDUALS 26
FOR BENEFITS UNDER § 8.3–201 OF THIS TITLE; 27
(3) USE INFORMATION –SHARING AND INTEGRAT ION TECHNOLOGY TO 28 HOUSE BILL 8 9
FACILITATE THE DISCL OSURE OF RELEVANT IN FORMATION OR RECORDS NEEDED 1
FOR THE ADMINISTRATI ON OF THIS TITLE; AND 2
(4) SUBJECT TO SUBSECTIO N (D) OF THIS SECTION , CARRY OUT A 3
PUBLIC EDUCATION PRO GRAM. 4
(B) THE REGULATIONS ADOPT ED UNDER SUBSECTION (A)(1) OF THIS 5
SECTION SHALL BE CON SISTENT WITH REGULAT IONS ADOPTED TO IMPL EMENT THE 6
FEDERAL FAMILY AND MEDICAL LEAVE ACT AND ANY RELEVANT STATE LAWS TO 7
THE EXTENT THAT THE ADOPTED REGULATIONS DO NOT CONFLICT WIT H THIS 8
TITLE. 9
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A COVERED 10
INDIVIDUAL UNDER § 8.3–302(2), (3), (4), OR (5) OF THIS TITLE SHALL PROVIDE 11
CERTIFICATION FOR A CLAIM FOR BENEFITS U NDER THIS TITLE. 12
(2) A CERTIFICATION FOR A CLAIM FOR BENEF ITS FOR A COVERED 13
INDIVIDUAL UNDER § 8.3–302(2), (3), OR (4) OF THIS TITLE SHALL INCLUDE: 14
(I) THE DATE ON WHICH TH E SERIOUS HEALTH CON DITION OF 15
THE FAMILY MEMBER , COVERED INDIVIDUAL , OR SERVICE MEMBER CO MMENCED; 16
(II) THE PROBABLE DURATIO N OF THE SERIOUS HEALTH 17
CONDITION; 18
(III) THE APPROPRIATE FACT S RELATED TO THE SER IOUS 19
HEALTH CONDITION WIT HIN THE KNOWLEDGE OF THE LICENSED HEALTH CARE 20
PROVIDER; 21
(IV) 1. FOR A CLAIM FOR BENE FITS UNDER § 8.3–302(2) OF 22
THIS TITLE, A STATEMENT THAT THE COVERED INDIVIDUAL NEEDS TO CARE FOR A 23
FAMILY MEMBER AND AN ESTIMATE OF THE AMOU NT OF TIME REQUIRED TO 24
PROVIDE THE CARE ; OR 25
2. FOR A CLAIM FOR BENE FITS UNDER § 8.3–302(3) OF 26
THIS TITLE, A STATEMENT THAT THE COVERED INDIVIDUAL I S UNABLE TO PERFORM 27
THE FUNCTIO NS OF THE COVERED IN DIVIDUAL’S POSITION; AND 28
(V) FOR A CERTIFICATION FOR INTERMITTENT LEA VE, THE 29
EXPECTED DATES AND D URATION OF THE LEAVE . 30
(3) THE SECRETARY SHALL ESTAB LISH STANDARDS IN RE GULATION 31
FOR THE CERTIFICATIO N OF CLAIMS FOR BENE FITS UNDER § 8.3–302(5) OF THIS 32 10 HOUSE BILL 8
TITLE. 1
(D) (1) THE SECRETARY MAY USE A P ORTION OF THE FUNDS PAID UNDER 2
§ 8.3–601 OF THIS TITLE OR OTH ER AVAILABLE FUNDING TO PAY FOR AND CARRY 3
OUT THE REQUIREMENTS UNDER SUBSECTION (A)(4) OF THIS SECTION. 4
(2) MATERIALS USED IN THE PUBLIC EDUCATION PRO GRAM 5
REQUIRED UNDER SUBSE CTION (A)(4) OF THIS SECTION SHAL L BE MADE AVAILABLE 6
IN ENGLISH AND SPANISH. 7
8.3–404. 8
(A) TO ENFORCE THIS TITLE , THE SECRETARY MAY : 9
(1) CONDUCT AN INVESTIGA TION UNDER THIS TITL E, ON THE 10
SECRETARY’S OWN INITIATIVE OR ON RECEIP T OF A WRITTEN COMPL AINT; 11
(2) ADMINISTER AN OATH ; 12
(3) CERTIFY TO AN OFFICI AL ACT; 13
(4) TAKE A DEPOSITION ; 14
(5) ISSUE A SUBPOENA FOR THE ATTENDANCE OF A WITNESS TO 15
TESTIFY OR THE PRODU CTION OF BOOKS , CORRESPONDENCE , MEMORANDA , 16
PAPERS, OR OTHER RECORDS ; AND 17
(6) BRING A CIVIL ACTION IN THE COUNTY WHERE THE VIOLATION 18
ALLEGEDLY OCCURRED . 19
(B) (1) A SUBPOENA ISSUED UNDE R SUBSECTION (A)(5) OF THIS SECTION 20
SHALL BE SERVED IN A NY MANNER IN WHICH A SUBPOENA OF A COURT MAY BE 21
SERVED. 22
(2) IF A PERSON FAILS TO COMPLY WITH A SUBPOE NA ISSUED UNDER 23
SUBSECTION (A)(5) OF THIS SECTION ON A COMPLAINT FILED BY T HE SECRETARY, 24
THE CIRCUIT COURT FO R THE COUNTY WHERE T HE INVESTIGATION IS BEING 25
CONDUCTED OR WHERE T HE PERSON RESIDES , IS PRESENT, OR TRANSACTS 26
BUSINESS MAY ISSUE A N ORDER DIRECTING CO MPLIANCE WITH THE SU BPOENA OR 27
COMPELLING TESTIMONY . 28
(3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , A 29
PERSON MAY NOT BE EX CUSED FROM COMPLYING WITH A SUBPOENA ISSU ED UNDER 30 HOUSE BILL 8 11
SUBSECTION (A)(5) OF THIS SECTION ON THE G ROUND THAT THE EVIDE NCE OR 1
TESTIMONY REQUIRED M AY TEND TO INCRIMINA TE THE PERSON OR SUB JECT THE 2
PERSON TO A FORFEITU RE OR PENALTY . 3
(II) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 2 OF 4
THIS SUBPARAGRAPH , AFTER CLAIMING THE P RIVILEGE AG AINST 5
SELF–INCRIMINATION , A PERSON MAY NOT BE PROSECUTED OR SUBJEC TED TO ANY 6
FORFEITURE OR PENALT Y BECAUSE OF ANY MAT TER, THING, OR TRANSACTION 7
ABOUT WHICH THE PERS ON IS COMPELLED TO P RODUCE EVIDENCE OR T ESTIFY. 8
2. IF THE PERSON COMMITS PERJURY WHILE GIVING 9
TESTIMONY, THE PERSON IS SUBJEC T TO PROSECUTION FOR THAT OFFENSE . 10
8.3–405. 11
IN A CIVIL ACTION TO ENFORCE THIS TITLE , THE SECRETARY AND THE STATE 12
MAY BE REPRESENTED B Y: 13
(1) THE ATTORNEY GENERAL; OR 14
(2) ANY QUALIFIED ATTORN EY WHO: 15
(I) IS A SALARIED EMPLOY EE OF THE SECRETARY; AND 16
(II) ON RECOMMENDATION OF THE ATTORNEY GENERAL, IS 17
DESIGNATED TO REPRES ENT THE SECRETARY OR THE BOARD OF APPEALS AND THE 18
STATE. 19
8.3–406. 20
(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, THE SECRETARY SHALL 21
SUBMIT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 22
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY AN ANNUAL RE PORT ON THE 23
ADMINISTRATION AND O PERATION OF THIS TIT LE DURING THE IMMEDI ATELY 24
PRECEDING FISCAL YEA R. 25
(B) THE ANNUAL REPORT SHA LL INCLUDE INFORMATION REGARDIN G: 26
(1) PROJECTED AND ACTUAL PROGRAM PARTICIPATION RATES; 27
(2) CONTRIBUTION RATES ; 28
(3) PROJECTED AND ACTUAL FUND BALANCES ; 29 12 HOUSE BILL 8
(4) PUBLIC OUTREACH AND TECHNICAL ASSISTANCE EFFORTS; 1
(5) ALL ENFORCEMENT EFFO RTS; 2
(6) THE NUMBER AND STATUS OF COMPLAINTS UNDER SUBTITLE 9 OF 3
THIS TITLE; AND 4
(7) THE COST OF ADMINIST ERING THE PROGRAM. 5
SUBTITLE 5. THE FAMILY AND MEDICAL LEAVE INSURANCE FUND. 6
8.3–501. 7
THERE IS A FAMILY AND MEDICAL LEAVE INSURANCE FUND. 8
8.3–502. 9
(A) THE SECRETARY SHALL ADMIN ISTER THE FUND. 10
(B) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT SUBJECT TO 11
§ 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 12
(C) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , AND THE 13
COMPTROLLER SHALL ACC OUNT FOR THE FUND. 14
8.3–503. 15
(A) THE FUND CONSISTS OF : 16
(1) EMPLOYEE CONTRIBUTIO NS; 17
(2) SELF–EMPLOYED INDIVIDUAL CONTRIBUTIONS ; 18
(3) EMPLOYER CONTRIBUTIO NS; 19
(4) MONEY PAID TO THE FUND FOR THE PURPOSE OF REIMBURSING 20
THE SECRETARY UNDER § 8.3–902 OF THIS TITLE FOR BENEFITS P AID IN ERROR; 21
(5) INTEREST EARNED ON M ONEY IN THE FUND; AND 22
(6) MONEY RECEIVED FOR T HE FUND FROM ANY OTHER S OURCE. 23
HOUSE BILL 8 13
(B) MONEY IN THE FUND MAY BE COMMINGLE D. 1
(C) THE FUND MAY BE USED ONLY FOR THE PURPOSES OF THIS TITLE. 2
8.3–504. 3
(A) (1) THE STATE TREASURER IS CUSTODIA N OF THE FUND. 4
(2) THE STATE TREASURER SHALL MANAG E THE FUND IN 5
ACCORDANCE WITH REGU LATIONS THAT THE SECRETARY ADOPTS . 6
(B) UNDER THE DIRECTION O F THE SECRETARY, THE STATE TREASURER 7
SHALL ESTABLISH THE FUND ACCOUNT IN ANY FINANCI AL INSTITUTION IN WH ICH 8
THE GENERAL FUND OF THE STATE MAY BE DEPOSITE D. 9
(C) ON RECEIPT OF ANY MON EY PAYABLE TO THE FUND, THE SECRETARY 10
SHALL ENSURE IMMEDIA TE DEPOSIT OF THE MO NEY INTO THE FUND ACCOUNT AS 11
REQUIRED BY THE STATE TREASURER. 12
(D) IN ACCORDANCE WITH RE GULATIONS THAT THE SECRETARY ADOPTS , 13
MONEY IN THE FUND ACCOUNT : 14
(1) SHALL BE USED TO PAY BENEFITS UNDER THIS TITLE; AND 15
(2) MAY BE USED TO PAY F OR: 16
(I) THE PUBLIC EDUCATION PROGRAM; AND 17
(II) ANY COSTS ASSOCIATED WITH THE INITIAL 18
IMPLEMENTATION AND O NGOING ADMINISTRATIO N OF THIS TITLE. 19
8.3–505. 20
A CHECK THAT THE STATE TREASURER ISSUES TO P AY BENEFITS OR 21
REFUNDS SHALL : 22
(1) BE ISSUED ONLY ON A WARRANT SIGNED BY TH E SECRETARY; 23
(2) BEAR THE SIGNATURE O F THE STATE TREASURER; AND 24
(3) BE COUNTERSIGNED BY AN AUTHORIZED AGENT . 25
8.3–506. 26 14 HOUSE BILL 8
THIS TITLE DOES NOT G RANT AN EMPLOYEE ANY PRIOR CLAIM OR RIGHT TO 1
MONEY THE EMPLOYEE P AYS INTO THE FUND. 2
SUBTITLE 6. CONTRIBUTIONS . 3
8.3–601. 4
(A) BEGINNING JANUARY 1, 2023, EACH EMPLOYEE OF AN EMPLOYER, 5
EACH EMPLOYER , AND EACH SELF –EMPLOYED INDIVIDUAL PARTICIPATING IN THE 6
PROGRAM SHALL CONTRIB UTE TO THE FUND. 7
(B) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 8
SECRETARY SHALL SET A TOTAL RATE OF CONTRI BUTION TO BE PAID IN 9
ACCORDANCE WITH THIS SUBSECTION. 10
(II) THE TOTAL RATE OF CON TRIBUTION ESTABLISHE D UNDER 11
SUBPARAGRAPH (I) OF THIS PARAGRAPH : 12
1. MAY NOT EXCEED 0.75% OF AN EMPLOYEE ’S WAGES; 13
2. SHALL BE APPLIED TO ALL WAGES UP TO AND 14
INCLUDING THE SOCIAL SECURITY WAGE BASE ; 15
3. SHALL BE SHARED EQUA LLY BY EMPLOYERS AND 16
EMPLOYEES; AND 17
4. SHALL BE SUFFICIENT TO FUND THE BENEFITS 18
PAYABLE UNDER THIS T ITLE. 19
(2) EACH EMPLOYER SHALL C ONTRIBUTE AN AMOUNT EQUAL TO 50% 20
OF THE TOTAL RATE OF CONTRIBUTI ON FOR EACH EMPLOYEE EMPLOYED BY THE 21
EMPLOYER. 22
(3) (I) EACH EMPLOYEE OF AN E MPLOYER SHALL CONTRI BUTE AN 23
AMOUNT EQUAL TO 50% OF THE TOTAL RATE OF CONTRIBUTION . 24
(II) THE EMPLOYER OF THE EMPL OYEE SHALL DEDUCT TH E 25
CONTRIBUTION REQUIRE D UNDER SUBPARAGRAP H (I) OF THIS PARAGRAPH FR OM 26
THE WAGES OF THE EMP LOYEE. 27
(4) EACH SELF–EMPLOYED INDIVIDUAL PARTICIPATING IN THE 28
PROGRAM SHALL : 29 HOUSE BILL 8 15
(I) PAY CONTRIBUTIONS DU RING EACH YEAR THAT THE 1
SELF–EMPLOYED INDIVIDUAL PARTICIPATES IN THE PROGRAM; AND 2
(II) CONTRIBUTE AN AMOUNT EQUAL TO THE TOTAL R ATE OF 3
CONTRIBUTION ESTABLI SHED UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION . 4
SUBTITLE 7. BENEFITS. 5
8.3–701. 6
(A) BEGINNING JULY 1, 2024, A COVERED INDIVIDUAL TAKING LEAVE FROM 7
EMPLOYMENT MAY SUBMI T A CLAIM FOR BENEFITS TO: 8
(1) CARE FOR A NEWBORN C HILD OR A CHILD NEWL Y PLACED FOR 9
ADOPTION, FOSTER CARE , OR KINSHIP CARE WITH THE COVERED INDIVIDU AL 10
DURING THE FIRST YEA R AFTER THE BIRTH , ADOPTION, OR PLACEMENT ; 11
(2) CARE FOR A FAMILY ME MBER WITH A SERIOUS HEALTH 12
CONDITION; 13
(3) ATTEND TO A SERIOUS HEALTH CONDITION THA T RESULTS IN THE 14
COVERED INDIVIDUAL B EING UNABLE TO PERFO RM THE FUNCTIONS OF THE 15
COVERED INDIVIDUAL ’S POSITION; 16
(4) CARE FOR A SERVICE M EMBER WITH A SERIOUS HEALTH 17
CONDITION RESULTING FROM MILIT ARY SERVICE WHO IS T HE COVERED 18
INDIVIDUAL’S NEXT OF KIN; OR 19
(5) ATTEND TO A QUALIFYI NG EXIGENCY ARISING OUT OF THE 20
DEPLOYMENT OF A SERV ICE MEMBER WHO IS A FAMILY MEMBER OF THE COVERED 21
INDIVIDUAL. 22
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A COVERED 23
INDIVIDUAL MAY TAKE THE LEAVE FOR WHICH THE INDIVIDUAL IS EL IGIBLE FOR 24
BENEFITS UNDER SUBSE CTION (A) OF THIS SECTION ON A N INTERMITTENT LEAVE 25
SCHEDULE. 26
(2) IF LEAVE IS TAKEN ON AN INTERMITTENT LEAV E SCHEDULE, THE 27
COVERED INDIVIDUAL S HALL: 28
(I) MAKE A REASONABLE EF FORT TO SCHEDULE THE 29
INTERMITTENT LEAVE I N A MANNER THAT DOES NOT UNDULY DISRUPT T HE 30 16 HOUSE BILL 8
OPERATIONS OF THE EM PLOYER; AND 1
(II) PROVIDE THE EMPLOYER WITH REASONABLE AND 2
PRACTICABLE PRIOR NO TICE OF THE REASON F OR WHICH THE INTERMI TTENT 3
LEAVE IS NECESSARY . 4
(3) IF LEAVE IS TAKEN ON AN INTERMITTENT LEAV E SCHEDULE, AN 5
EMPLOYER MAY NOT RED UCE THE TOTAL AMOUNT OF LEAVE TO WHICH TH E 6
COVERED INDIVIDUAL I S ENTITLED BEYOND TH E AMOUNT OF LEAVE AC TUALLY 7
TAKEN. 8
8.3–702. 9
(A) (1) EXCEPT AS PROVIDED IN PARAGRAP H (2) OF THIS SUBSECTION , A 10
COVERED INDIVIDUAL M AY NOT RECEIVE MORE THAN 12 WEEKS OF BENEFITS IN AN 11
APPLICATION YEAR . 12
(2) A COVERED INDIVIDUAL M AY RECEIVE AN ADDITI ONAL 12 WEEKS 13
OF BENEFITS IF THE C OVERED INDIVIDUAL DU RING THE SAME A PPLICATION YEAR : 14
(I) RECEIVED BENEFITS BE CAUSE THE COVERED IN DIVIDUAL 15
WAS ELIGIBLE FOR BEN EFITS UNDER § 8.3–701(A)(3) OF THIS SUBTITLE; AND 16
(II) BECOMES ELIGIBLE FOR BENEFITS UNDER § 17
8.3–701(A)(1), (2), (4), OR (5) OF THIS SUBTITLE. 18
(B) IF A COVERED INDIVIDUAL TAKE S LEAVE FOR WHICH TH E COVERED 19
INDIVIDUAL IS RECEIV ING BENEFITS UNDER T HIS TITLE, THE LEAVE SHALL RUN 20
CONCURRENTLY WITH EL IGIBLE LEAVE THAT MA Y BE TAKEN BY THE CO VERED 21
INDIVIDUAL UNDER THE FEDERAL FAMILY AND MEDICAL LEAVE ACT. 22
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 23
AN INDIVIDUAL RECEIV ING BENEFITS UNDER TITLE 8 OF THIS ARTICLE OR W AGE 24
REPLACEMENT BENEFITS UNDER TITLE 9 OF THIS ARTICLE IS N OT ELIGIBLE TO 25
RECEIVE BENEFITS UND ER THIS TITLE. 26
(2) AN INDIVIDUAL REC EIVING COMPENSATION FOR A PERMANENT 27
PARTIAL DISABILITY U NDER TITLE 9 OF THIS ARTICLE MAY BE ELIGIBLE FOR 28
BENEFITS UNDER THIS TITLE. 29
8.3–703. 30
(A) AN EMPLOYER MAY ALLOW A COVERED INDIVIDUAL TO USE PAID 31 HOUSE BILL 8 17
VACATION, PAID SICK LEAVE , OR OTHER PAID TIME O FF UNDER AN EMPLOYER 1
POLICY IN ADDITION T O THE BENEFITS AVAIL ABLE UNDER THIS TITL E TO REPLACE 2
THE COVERED INDIVIDU AL’S WAGES UP TO 100% OF THE COVERED INDIV IDUAL’S 3
WEEKLY WAGE DURING T HE PERIOD OF LEAVE F OR WHICH BENEFITS AR E RECEIVED 4
UNDER THIS TITLE . 5
(B) AN EMPLOYER CONTRIBUTIN G TO THE FUND MAY REQUIRE A CO VERED 6
INDIVIDUAL WHO RECEI VES BENEFITS UNDER T HIS TITLE TO USE THO SE BENEFITS 7
CONCURRENTLY WITH FA MILY OR MEDICAL LEAV E BENEFITS PROVIDED UNDER AN 8
EMPLOYER POLICY . 9
8.3–704. 10
(A) FOR THE PURPOSES OF T HIS SECTION: 11
(1) THE COVERED INDIVIDU AL’S AVERAGE WEEKLY WAG E SHALL BE 12
CALCULATED AS THE TO TAL WAGES RECEIVED B Y THE COVERED INDIVI DUAL OVER 13
THE LAST 680 HOURS FOR WHICH THE COVERED INDIVIDUAL W AS PAID DIVIDED BY 14
THE NUMBER OF WEEKS WORKED; AND 15
(2) THE STATE AVERAGE WEEKLY WAGE SHALL BE THE WA GE 16
CALCULATED UNDER § 9–603 OF THIS ARTICLE. 17
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE WEEKLY 18
BENEFIT AMOUNT PAYAB LE TO A COVERED INDI VIDUAL UNDER THIS TI TLE SHALL 19
BE: 20
(I) IF THE COVERED INDIV IDUAL’S AVERAGE WEEKLY WAG E IS 21
65% OR LESS OF THE STATE AVERAGE WEEKLY WAGE, 90% OF THE COVERED 22
INDIVIDUAL’S AVERAGE WEEKLY WAG E; 23
(II) IF THE COVERED INDIV IDUAL’S AVERAGE WEEKLY WAG E IS 24
GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE, THE SUM OF: 25
1. 90% OF THE COVERED INDIV IDUAL’S AVERAGE 26
WEEKLY WAGE UP TO 65% OF THE STATE AVERAGE WEEKLY WAGE; AND 27
2. 50% OF THE COVERED INDIV IDUAL’S AVERAGE 28
WEEKLY WAGE THAT IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE; 29
OR 30
(III) IF THE COVERED INDIVIDUAL IS TAKING PARTIALLY PAID 31
LEAVE, THE LESSER OF: 32 18 HOUSE BILL 8
1. THE AMOUNT REQUIRED TO MAKE UP THE 1
DIFFERENCE BETWEEN T HE WAGES PAID TO THE COVERED INDIVIDUAL W HILE THE 2
COVERED INDIVIDUAL I S TAKING PARTIALLY P AID LEAVE AND THE FU LL WAGES 3
NORMALLY PAID TO THE COVERED INDIVIDU AL; AND 4
2. IF THE COVERED INDIV IDUAL’S AVERAGE WEEKLY 5
WAGE IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE, THE SUM OF: 6
A. 90% OF THE COVERED INDIV IDUAL’S AVERAGE 7
WEEKLY WAGE UP TO 65% OF THE STATE AVERAGE WEEKLY WAGE; AND 8
B. 50% OF THE COVERED INDIV IDUAL’S AVERAGE 9
WEEKLY WAGE THAT IS GREATER THAN 65% OF THE STATE AVERAGE WEEKLY WAGE. 10
(2) THE WEEKLY BENEFIT AM OUNT PAYABLE UNDER P ARAGRAPH (1) 11
OF THIS SUBSECTION : 12
(I) SHALL BE AT LEAST $50; AND 13
(II) MAY NOT EXCEED: 14
1. FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 15
2024, $1,000; AND 16
2. FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 17
2025, AND EACH SUBSEQUENT 12–MONTH PERIOD , THE AMOUNT DETERMINE D AND 18
ANNOUNCED BY THE SECRETARY UNDER PARAG RAPH (3) OF THIS SUBSEC TION. 19
(3) (I) IN THIS PARAGRAPH , “CONSUMER PRICE INDEX” MEANS 20
THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE 21
WASHINGTON–ARLINGTON–ALEXANDRIA, DC–VA–MD–WV METROPOLITAN AREA 22
OR A SUCCESSOR INDEX PUBLISHED BY THE FED ERAL BUREAU OF LABOR 23
STATISTICS. 24
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (IV) OF THIS 25
PARAGRAPH , FOR THE 12–MONTH PERIOD BEGINNI NG JULY 1, 2025, AND EACH 26
SUBSEQUENT 12–MONTH PERIOD , THE MAXIMUM WEEKLY B ENEFIT AMOUNT SHALL 27
BE INCREASED BY THE AMOUNT, ROUNDED TO THE NEARE ST CENT, THAT EQUALS 28
THE PRODUCT OF : 29
1. THE MAXIMUM WEEKLY B ENEFIT AMOUNT IN EFF ECT 30
FOR THE IMMEDIATELY PRECEDING 12–MONTH PERIOD ; AND 31 HOUSE BILL 8 19
2. THE ANNUAL PERCENT AGE GROWTH IN THE 1
CONSUMER PRICE INDEX FOR THE IMMEDIA TELY PRECEDING 12–MONTH PERIOD , 2
AS DETERMINED BY THE SECRETARY UNDER SUBPA RAGRAPH (III)1 OF THIS 3
PARAGRAPH . 4
(III) BEGINNING MARCH 1, 2025, AND ON EACH SUBSEQUE NT 5
SEPTEMBER 1, THE SECRETARY SHALL DETER MINE AND ANNOUNCE : 6
1. THE ANNUAL PERCENT AGE GROWTH, IF ANY, IN THE 7
CONSUMER PRICE INDEX BASED O N THE MOST RECENT 12–MONTH PERIOD FOR 8
WHICH DATA ARE AVAIL ABLE ON SEPTEMBER 1; AND 9
2. THE MAXIMUM WEEKLY B ENEFIT AMOUNT EFFECT IVE 10
FOR THE 12–MONTH PERIOD BEGINNI NG THE IMMEDIATELY F OLLOWING JULY 1. 11
(IV) IF THERE IS A DECLINE OR NO GROWTH IN THE CONSUMER 12
PRICE INDEX, THE MAXIMUM WEEKLY B ENEFIT AMOUNT SHALL REMAIN THE SAME 13
AS THE AMOUNT THAT W AS IN EFFECT FOR THE PRECEDING 12–MONTH PERIOD . 14
(C) AN INCREASE IN THE WE EKLY BENEFIT AMOUNT UNDER SUBSECTION 15
(B)(3) OF THIS SECTION APPL IES ONLY TO A CLAIM FOR BENEFITS FILED AF TER THE 16
DATE THE INCREASE BE COMES EFFECTIVE . 17
(D) THE DEPARTMENT SHALL: 18
(1) NOTIFY THE EMPLOYER OF A COVERED INDIVID UAL WITHIN 5 19
BUSINESS DAYS AFTER THE COVERED INDIVIDU AL FILES A CLAIM FOR BENEFITS 20
UNDER THIS TITLE ; 21
(2) APPROVE OR DENY THE CLAIM AN D NOTIFY THE COVERED 22
INDIVIDUAL WITHIN 10 BUSINESS DAYS AFTER THE COVERED INDIVIDU AL FILES THE 23
CLAIM; 24
(3) MAKE THE FIRST PAYME NT OF BENEFITS TO A COVERED 25
INDIVIDUAL WITHIN 5 BUSINESS DAYS AFTER THE CLAIM IS APPROVE D; AND 26
(4) MAKE SUBSEQUENT PAYMENTS EVERY 2 WEEKS UNTIL THE 27
BENEFIT PERIOD ENDS . 28
8.3–705. 29
(A) IF THE INTERNAL REVENUE SERVICE DETERMINES TH AT BENEFITS 30 20 HOUSE BILL 8
PAID UNDER THIS SUBT ITLE ARE SUBJECT TO FEDERAL INCOME TAX , AT THE TIME 1
A COVERED INDIVIDUAL FILES A NEW CLAIM FO R BENEFITS, THE DEPARTMENT 2
SHALL NOTIFY THE COV ERED INDIVIDUAL THAT : 3
(1) THE INTERNAL REVENUE SERVICE HAS DETERMINE D THAT THE 4
BENEFITS ARE SUBJECT TO FEDERAL INCOME TA X; 5
(2) THERE ARE REQUIREMEN TS REGARDING ESTIMAT ED TAX 6
PAYMENTS; 7
(3) THE COVERED INDIVIDUAL MAY ELECT TO HAVE FEDERAL 8
INCOME TAX DEDUCTED AND WITHHELD FROM TH E BENEFITS THAT THE COVERED 9
INDIVIDUAL RECEIVES UNDER THIS TITLE AT THE RATE SPECIFIED I N THE 10
INTERNAL REVENUE CODE; AND 11
(4) THE COVERED INDIVIDU AL IS ALLOWED TO CHA NGE A 12
PREVIOUSLY ELECTED WITHHO LDING STATUS. 13
(B) (1) IF A COVERED INDIVIDU AL ELECTS TO HAVE FE DERAL INCOME 14
TAX DEDUCTED AND WIT HHELD UNDER SUBSECTI ON (A)(3) OF THIS SECTION , THE 15
DEPARTMENT SHALL DEDUCT AND WIT HHOLD AN AMOUNT AT T HE RATE SPECIFIED 16
IN THE INTERNAL REVENUE CODE IN A MANNER REQU IRED BY THE INTERNAL 17
REVENUE SERVICE. 18
(2) IF THE DEPARTMENT DEDUCTS AND WITHHOLD S FEDERAL 19
INCOME TAX UNDER PAR AGRAPH (1) OF THIS SUBSECTION , THE AMOUNT DEDUCTED 20
AND WITHHELD SHALL R EMAIN IN THE FUND UNTIL IT IS TRAN SFERRED TO THE 21
INTERNAL REVENUE SERVICE AS A PAYMENT OF INCOME TAX. 22
8.3–706. 23
(A) AN EMPLOYER MAY SATIS FY THE REQUIREMENTS OF THIS TITLE 24
THROUGH A PRIVATE EM PLOYER PLAN CONSISTI NG OF EMPLOYER –PROVIDED 25
BENEFITS, INSURANCE, OR A COMBINATION OF BOTH IF THE PRIVATE EMPLOYER 26
PLAN IS OFFERED TO A LL OF THE EMPLOYER ’S ELIGIBLE EMPLOYEES AND MEETS 27
OR EXCEEDS THE RIGHT S, PROTECTIONS , AND BENEFITS PROVIDE D TO A COVERED 28
EMPLOYEE UNDER THIS TITLE. 29
(B) A PRIVATE EMPLOYER PLA N SHALL BE FILED WIT H THE DEPARTMENT 30
FOR APPROVAL . 31
(C) AN EMPLOYER THAT PROV IDES COVERED EMPLOYE ES WITH A PRIVATE 32
EMPLOYER PLAN AND AN EMPLOYEE THAT IS COV ERED BY A PRIVATE EM PLOYER 33 HOUSE BILL 8 21
PLAN ARE EXEMPT FROM THE CONTRIBUTIONS RE QUIRED UNDER SUBTITLE 6 OF 1
THIS TITLE. 2
8.3–707. 3
IF A COVERED INDIVIDU AL RECEIVES BENEFITS UNDER THIS TITLE OR TAKES 4
LEAVE FROM WORK FOR WHICH BENEFITS MAY B E PAID UNDER THIS TI TLE, THE 5
EMPLOYER OF THE COVE RED INDIVIDUAL SHALL , ON THE EXPIRATION OF THE 6
LEAVE, RESTORE THE COVERED INDIVIDUAL TO AN EQU IVALENT POSITION OF 7
EMPLOYMENT . 8
8.3–708. 9
IF A COVERED INDIVIDU AL IS RECEIVING BENE FITS UNDER THIS TITL E OR IS 10
TAKING LEAVE FOR WHI CH BENEFITS MAY BE P AID UNDER THIS TITLE , THE 11
EMPLOYER OF THE COVE RED INDIVIDUAL SHALL CONTINUE ANY EMPLOYM ENT 12
BENEFITS IN THE SAME MANNER AS REQUIRED U NDER TITLE 3, SUBTITLE 12 OF 13
THIS ARTICLE FOR THE TIME PERIOD THAT THE COVERED INDIVIDUAL I S ABSENT 14
FROM WORK OR RECEIVI NG BENEFITS UNDER TH IS TITLE. 15
SUBTITLE 8. NOTICE TO EMPLOYEES. 16
8.3–801. 17
(A) AN EMPLOYER SHALL PRO VIDE WRITTEN NOTICE TO EACH EMPLOYEE 18
OF THE RIGHTS AND DUTIES OF AN EMPLOYEE UNDER TH IS TITLE AT THE TIME OF 19
HIRE AND ANNUALLY TH EREAFTER. 20
(B) (1) WHEN AN EMPLOYEE REQU ESTS LEAVE UNDER THI S TITLE, OR 21
WHEN AN EMPLOYER KNO WS THAT AN EMPLOYEE ’S LEAVE MAY BE FOR A REASON 22
UNDER § 8.3–302 OF THIS TITLE, THE EMPLOYER SHALL N OTIFY THE EMPLOYEE O F 23
THE EMPLOYEE ’S ELIGIBILITY TO TAK E LEAVE FOR WHICH BE NEFITS MAY BE PAID 24
UNDER THIS TITLE WIT HIN 5 BUSINESS DAYS. 25
(2) THE NOTICE PROVIDED U NDER PARAGRAPH (1) OF THIS 26
SUBSECTION SHALL INC LUDE: 27
(I) THE RIGHT O F AN ELIGIBLE EMPLOY EE TO RECEIVE 28
PROGRAM BENEFITS UNDE R THIS TITLE; 29
(II) THE PROCEDURE FOR FI LING A CLAIM FOR BEN EFITS; 30
(III) AN ELIGIBLE EMPLOYEE ’S RESPONSIBILITIES W ITH 31 22 HOUSE BILL 8
RESPECT TO PROVIDING NOTIFICATION PRIOR T O THE COMMENCEMENT O F LEAVE 1
AND ANY PENALTIES FOR FAILIN G TO DO SO; 2
(IV) THE RIGHT OF AN EMPL OYEE TO FILE A COMPL AINT FOR 3
ALLEGED VIOLATIONS O F THIS TITLE; 4
(V) THE RIGHT OF AN ELIG IBLE EMPLOYEE TO JOB 5
PROTECTION ; AND 6
(VI) A DESCRIPTION OF THE PROHIBITED ACTS , PENALTIES, AND 7
COMPLAINT PROCEDURES UND ER SUBTITLE 9 OF THIS TITLE. 8
(C) THE NOTICES REQUIRED UNDER THIS SUBTITLE SHALL BE PROVIDED IN 9
ACCORDANCE WITH REGU LATIONS ADOPTED BY T HE SECRETARY. 10
SUBTITLE 9. PROHIBITED ACTS; PENALTIES. 11
8.3–901. 12
(A) IF AN INDIVIDUAL WILL FULLY M AKES A FALSE STATEME NT OR 13
MISREPRESENTATION RE GARDING A MATERIAL F ACT OR WILLFULLY FAI LS TO 14
REPORT A MATERIAL FA CT TO OBTAIN BENEFIT S UNDER THIS TITLE , THE 15
INDIVIDUAL IS DISQUA LIFIED FROM RECEIVIN G BENEFITS FOR 1 YEAR. 16
(B) IF AN EMPLOYER WILLFU LLY MAKES OR CAUSES TO BE MADE A FALSE 17
STATEMENT OR WILLFUL LY FAILS TO REPORT A MATERIAL FACT REGARD ING A 18
CLAIM FOR BENEFITS B Y AN EMPLOYEE , THE EMPLOYER IS SUBJ ECT TO A CIVIL 19
PENALTY OF UP TO $1,000 FOR EACH OCCURRENCE . 20
(C) AN EMPLOYER MAY NOT W ILLFULLY: 21
(1) FAIL OR REFUSE TO PAY CONTRIBUTIONS TO THE FUND; OR 22
(2) TAKE DEDUCTIONS FROM THE WAGES OF AN EMPL OYEE TO PAY 23
ANY PORTION OF THE E MPLOYER CONTRIBUTION S DUE FROM THE EMPLO YER. 24
8.3–902. 25
(A) THE DEPARTMENT MAY SEEK REPAYMENT O F BENEFITS FROM AN 26
INDIVIDUAL WHO RECEI VED BENEFITS UNDER T HIS TITLE IF: 27
(1) THE BENEFITS WERE PA ID ERRONEOUSLY OR AS A RESULT OF 28
WILLFUL MISREPRESENT ATION BY THE INDIVID UAL; OR 29 HOUSE BILL 8 23
(2) A CLAIM FOR BENEFITS UNDER THIS TITLE IS REJECTED AFTER 1
THE BENEFITS WERE PA ID. 2
(B) THE SECRETARY MAY WAIVE I N WHOLE OR IN PART T HE REPAYMENT OF 3
BENEFITS UNDER SUBSE CTION (A) OF THIS SECTION IF: 4
(1) THE ERROR IN PAYMENT WAS NOT DUE TO ANY F ALSE STATEMENT , 5
NONDISCLOSURE OF MAT ERIAL FACT, OR MISREPR ESENTATION BY A COVE RED 6
INDIVIDUAL; OR 7
(2) THE REPAYMENT WOULD BE AGAINST EQUITY AN D GOOD 8
CONSCIENCE OR ADMINI STRATIVE EFFICIENCY . 9
8.3–903. 10
IF AN EMPLOYER FAILS TO PAY THE CONTRIBUT IONS DUE TO THE FUND, THE 11
SECRETARY MAY , IN ACCORDANCE WITH § 8.3–404 OF THIS TITLE: 12
(1) ASSESS THE AMOUNT OF CONTRIBUTIONS AND IN TEREST DUE; 13
(2) MAKE AN ADDITIONAL A SSESSMENT IN AN AMOU NT NOT TO 14
EXCEED TWO TIMES THE CONTRIBUTIONS WITHHE LD, AS A PENALTY FOR FAI LURE 15
TO PAY THE CONTRIBUT IONS DUE; AND 16
(3) ORDER AN AUD IT OF THE EMPLOYER F OR THE IMMEDIATELY 17
FOLLOWING FISCAL YEA R TO INVESTIGATE AND DETERMINE COMPLIANCE WITH 18
THIS TITLE AND TITLES 3, 8, AND 9 OF THIS ARTICLE. 19
8.3–904. 20
A PERSON MAY NOT DISCH ARGE, DEMOTE, OR OTHERWISE DISCRIM INATE OR 21
TAKE ADVERSE ACTION AGAINST A COVERED INDI VIDUAL BECAUSE THE C OVERED 22
INDIVIDUAL HAS: 23
(1) FILED FOR, APPLIED FOR, OR RECEIVED BENEFITS , OR TAKEN 24
FAMILY OR MEDICAL LE AVE FOR WHICH BENEFI TS MAY BE PAID UNDER THIS TITLE; 25
(2) INQUIRED ABOUT THE R IGHTS AND RESPONSIBI LITIES UNDER 26
THIS TITLE; 27
(3) COMMUNICATED TO THE PERSON AN INTENT TO FILE A CLAIM, A 28
COMPLAINT, OR AN APPEAL UNDER T HIS TITLE; OR 29 24 HOUSE BILL 8
(4) TESTIFIED OR INTENDS TO TESTIFY OR OTHERW ISE HAS ASSISTED 1
IN A PROCEEDING UNDE R THIS TITLE. 2
8.3–905. 3
(A) (1) AN EMPLOYEE ALLEGING A VIOLATION OF THIS SUBTITLE MAY 4
FILE A COMPLAINT WIT H THE SECRETARY TO RECOVER LOST WAGES AND DAMAG ES 5
EQUAL TO THE AMOUNT OF WAGES, SALARY, EMPLOYMENT BENEFITS , OR OTHER 6
COMPENSATION DENIED OR LOST, AND APPROPRIATE PUNI TIVE DAMAGES . 7
(2) A COMPLAINT UNDER THIS SU BSECTION MAY ALSO SE EK 8
APPROPRIATE RELIEF I NCLUDING REINSTATEME NT OR THE HIRING OF EMPLOYEES 9
WITH OR WITHOUT BACK PAY. 10
(B) THIS SECTION DOES NOT DEPRIVE A PRIVATE RI GHT OR CAUSE OF 11
ACTION TO ANY EMPLOY EE FOR VIOLATIONS OF § 8.3–904 OF THIS SUBTITLE OR § 12
8.3–707 OF THIS TITLE. 13
8.3–906. 14
(A) (1) NOTWITHSTANDING ANY A DMINISTRATIVE REMEDY AVAILABLE 15
UNDER § 8.3–905 OF THIS SUBTITLE, AN EMPLOYEE MAY BRIN G AN ACTION AGAINST 16
AN EMPLOYER FOR VIOL ATIONS OF § 8.3–904 OF THIS SUBTITLE OR § 8.3–707 OR § 17
8.3–708 OF THIS TITLE TO REC OVER LOST WAGES AND DAMAGES EQUAL TO THE 18
AMOUNT OF WAGES , SALARY, EMPLOYMENT BENEFITS , OR OTHER COMPENSATIO N 19
DENIED OR LOST , AND APPROPRIATE PUNI TIVE DAMAGES . 20
(2) AN ACTION UNDER THIS SUBSECTION MAY SEEK INJUNCTIVE AN D 21
OTHER APPROPRIATE EQ UITABLE RELIEF INCLU DING REINSTATEMENT O R THE 22
HIRING OF EMPLOYEES WITH OR WITHOUT BACK PAY. 23
(B) ON A FINDING THAT AN EMPLOYEE IS ENTITLED TO JUDGMENT IN AN 24
ACTION UNDER SUBSECT ION (A) OF THIS SECTION , THE COURT SHALL ALLO W 25
AGAINST THE EMPLOYER REASONAB LE ATTORNEY’S FEES AND OTHER COS TS. 26
8.3–907. 27
(A) (1) THE SECRETARY SHALL ESTAB LISH A SYSTEM FOR AP PEALS BY 28
COVERED INDIVIDUALS IN THE CASE OF DENIA L OF BENEFITS UNDER THIS TITLE. 29
(2) THE SECRETARY MAY USE THE PROCEDURES UNDER § 8–806 OF 30
THIS ARTICLE FOR THE SYSTEM REQUIRED UNDE R PARAGRAPH (1) OF THIS 31 HOUSE BILL 8 25
SUBSECTION. 1
(B) JUDICIAL REVIEW OF AN Y DECISION WITH RESP ECT TO BENEFITS 2
UNDER THIS TITLE SHA LL BE ALLOWED IN A C OURT OF COMPETENT JU RISDICTION 3
AFTER AN AGGRIEVED P ARTY HAS EXHAUSTED A LL ADMINISTRATIVE RE MEDIES 4
ESTABLISHED BY THE SECRETARY UNDER THIS TITLE. 5
(C) THE SECRETARY SHALL IMPLE MENT PROCEDURES TO E NSURE 6
CONFIDENTIALITY OF A LL INFORMATION RELAT ED TO ANY CLAIMS FIL ED OR 7
APPEALS TAKEN TO THE MAXIMUM E XTENT ALLOWED BY LAW . 8
SUBTITLE 10. SHORT TITLE. 9
8.3–1001. 10
THIS TITLE MAY BE CIT ED AS THE MARYLAND FAMILY AND MEDICAL LEAVE 11
INSURANCE PROGRAM. 12
Article – State Finance and Procurement 13
6–226. 14
(a) (2) (i) Notwithstanding any other provision of law, and unless 15
inconsistent with a federal law, grant agreement, or other federal requirement or with the 16
terms of a gift or settlement agreement, net interest on all State money allocated by the 17
State Treasurer under this section to special funds or accounts, and otherwise entitled to 18
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 19
Fund of the State. 20
(ii) The provisions of subparagraph (i) of this paragraph do not apply 21
to the following funds: 22
144. the Health Equity Resource Community Reserve Fund; 23
[and] 24
145. the Access to Counsel in Evictions Special Fund; AND 25
146. THE FAMILY AND MEDICAL LEAVE INSURANCE 26
FUND. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 28
apply only prospectively and may not be applied or interpreted to have any effect on or 29
application to any collective bargaining agreement entered into before the effective date of 30
this Act. 31
26 HOUSE BILL 8
SECTION 3. AND BE IT FURTHER ENACTED, That, on or before Oct ober 1, 2022, 1
the Secretary of Labor shall adopt regulations as required under § 8.3–403 of the Labor and 2
Employment Article, as enacted by Section 1 of this Act. 3
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect June 4
1, 2022. 5