MD
Maryland Senate Bill SB828

Maryland 2023 Regular Session

Maryland Senate Bill SB828 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 259
21
3-– 1 –
4-Chapter 259
5-(Senate Bill 828)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0828*
810
9-Family and Medical Leave Insurance Program – Modifications
11+SENATE BILL 828
12+K3 (3lr1124)
13+ENROLLED BILL
14+— Finance/Economic Matters —
15+Introduced by Senator Hayes
1016
11-FOR the purpose of modifying the Family and Medical Leave Insurance Program by
12-clarifying and altering certain provisions relating to the administration of the
13-Program, including provisions related to the provision of benefits, the payment of
14-contributions, and appeals; establishing the employer and employee shares of the
15-total rate of contribution; prohibiting the total rate of contribution from exceeding a
16-certain percentage of an employee’s wage; requiring the State to pay for certain
17-contributions for certain employers and certain covered employees; requiring the
18-Maryland Department of Health to reimburse certain community providers for
19-certain employer contributions in a certain manner; repealing the requirement that
20-a covered individual exhaust all employer–provided leave that is not required to be
21-provided under law before receiving benefits under the Program; prohibiting a
22-covered individual from being required to use certain leave before, or while, receiving
23-benefits under the Program; authorizing a covered individual and an employer to
24-agree to use certain leave to replace certain wages during the period of leave for
25-which benefits are received under the Program; and generally relating to the Family
26-Medical Leave Insurance Program.
17+Read and Examined by Proofreaders:
2718
28-BY repealing and reenacting, with amendments,
29- Article – Labor and Employment
30-Section 8.3–101, 8.3–302, 8.3–403, 8.3–406, 8.3–504(d), 8.3–505, 8.3–601, 8.3–701
31-through 8.3–703, 8.3–705, 8.3–801, and 8.3–906
32- Annotated Code of Maryland
33- (2016 Replacement Volume and 2022 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
3423
35-BY repealing and reenacting, without amendments,
36- Article – Labor and Employment
37-Section 8.3–301
38- Annotated Code of Maryland
39- (2016 Replacement Volume and 2022 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
4025
41-BY repealing
42- Chapter 48 of the Acts of the General Assembly of 2022
43-Section 3 and 10
26+_______ day of _______________ at _________________ _______ o’clock, ________M.
4427
45-BY repealing and reenacting, with amendments,
46- Article – Labor and Employment
47-Section 8.3–601(h)
48- Annotated Code of Maryland
49- (2016 Replacement Volume and 2022 Supplement) Ch. 259 2023 LAWS OF MARYLAND
28+______________________________________________
29+President.
5030
51-– 2 –
52- (As enacted by Section 1 of this Act)
31+CHAPTER ______
5332
54- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
55-That the Laws of Maryland read as follows:
33+AN ACT concerning 1
5634
57-Article – Labor and Employment
35+Family and Medical Leave Insurance Program – Modifications 2
5836
59-8.3–101.
37+FOR the purpose of modifying the Family and Medical Leave Insurance Program by 3
38+clarifying and altering certain provisions relating to the administration of the 4
39+Program, including provisions related to the provision of benefits, the payment of 5
40+contributions, and appeals; establishing the employer and employee shares of the 6
41+total rate of contribution; prohibiting the total rate of contribution from exceeding a 7
42+certain percentage of an employee’s wage; requiring the State to pay for certain 8
43+contributions for certain employers and certain covered employees; requiring the 9
44+Maryland Department of Health to reimburse certain community providers for 10
45+certain employer contributions in a certain manner; repealing the requirement that 11
46+a covered individual exhaust all employer–provided leave that is not required to be 12
47+provided under law before receiving benefits under the Program; prohibiting a 13
48+covered individual from being required to use certain leave before, or while, receiving 14
49+benefits under the Program; authorizing a covered individual and an employer to 15 2 SENATE BILL 828
6050
61- (a) In this title the following words have the meanings indicated.
6251
63- (b) “Application year” means the 12–month period beginning on the [first day]
64-SUNDAY of the calendar week [in] FOR which [a covered individual files an application
65-for] benefits ARE APPROVED .
52+agree to use certain leave to replace certain wages during the period of leave for 1
53+which benefits are received under the Program; and generally relating to the Family 2
54+Medical Leave Insurance Program. 3
6655
67- (c) “Benefits” means the money payable under this title to a covered individual.
56+BY repealing and reenacting, with amendments, 4
57+ Article – Labor and Employment 5
58+Section 8.3–101, 8.3–302, 8.3–403, 8.3–406, 8.3–504(d), 8.3–505, 8.3–601, 8.3–701 6
59+through 8.3–703, 8.3–705, 8.3–801, and 8.3–906 7
60+ Annotated Code of Maryland 8
61+ (2016 Replacement Volume and 2022 Supplement) 9
6862
69- (d) “Covered employee” means an employee who has worked at least 680 hours
70-over the 12–month period immediately preceding the date on which leave is to begin.
63+BY repealing and reenacting, without amendments, 10
64+ Article – Labor and Employment 11
65+Section 8.3–301 12
66+ Annotated Code of Maryland 13
67+ (2016 Replacement Volume and 2022 Supplement) 14
7168
72- (e) “Covered individual” means a covered employee or a self–employed individual
73-who elects to participate in the Program under § 8.3–201 of this title.
69+BY repealing 15
70+ Chapter 48 of the Acts of the General Assembly of 2022 16
71+Section 3 and 10 17
7472
75- (f) “Department” means the Maryland Department of Labor.
73+BY repealing and reenacting, with amendments, 18
74+ Article – Labor and Employment 19
75+Section 8.3–601(h) 20
76+ Annotated Code of Maryland 21
77+ (2016 Replacement Volume and 2022 Supplement) 22
78+ (As enacted by Section 1 of this Act) 23
7679
77- (g) “Deployment” means a service member acting under official orders who, on
78-any day, is performing service in a training exercise or operation at a location or under
79-circumstances that make it impossible or infeasible for the service member to spend
80-off–duty time in the housing in which the service member resides when on garrison duty
81-at the service member’s permanent duty station or homeport.
80+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
81+That the Laws of Maryland read as follows: 25
8282
83- (h) (1) “Employer” means a person or governmental entity that employs at
84-least one individual in the State.
83+Article – Labor and Employment 26
8584
86- (2) “Employer” does not include an individual who:
85+8.3–101. 27
8786
88- (i) is the sole owner of a sole proprietorship, limited liability
89-company, C corporation, or S corporation; and
87+ (a) In this title the following words have the meanings indicated. 28
9088
91- (ii) is the only individual employed by the sole proprietorship,
92-limited liability company, C corporation, or S corporation.
89+ (b) “Application year” means the 12–month period beginning on the [first day] 29
90+SUNDAY of the calendar week [in] FOR which [a covered individual files an application 30
91+for] benefits ARE APPROVED . 31
9392
94- (i) “Family member” means:
93+ (c) “Benefits” means the money payable under this title to a covered individual. 32
9594
96- (1) a biological child, an adopted child, a foster child, or a stepchild of the
97-covered individual; WES MOORE, Governor Ch. 259
95+ (d) “Covered employee” means an employee who has worked at least 680 hours 33
96+over the 12–month period immediately preceding the date on which leave is to begin. 34
97+ SENATE BILL 828 3
9898
99-– 3 –
10099
101- (2) a child for whom the covered individual has legal or physical custody or
102-guardianship;
100+ (e) “Covered individual” means a covered employee or a self–employed individual 1
101+who elects to participate in the Program under § 8.3–201 of this title. 2
103102
104- (3) a child for whom the covered individual stands in loco parentis,
105-regardless of the child’s age;
103+ (f) “Department” means the Maryland Department of Labor. 3
106104
107- (4) a biological parent, an adoptive parent, a foster parent, or a stepparent
108-of the covered individual or of the covered individual’s spouse;
105+ (g) “Deployment” means a service member acting under official orders who, on 4
106+any day, is performing service in a training exercise or operation at a location or under 5
107+circumstances that make it impossible or infeasible for the service member to spend 6
108+off–duty time in the housing in which the service member resides when on garrison duty 7
109+at the service member’s permanent duty station or homeport. 8
109110
110- (5) the legal guardian of the covered individual or the ward of the covered
111-individual or of the covered individual’s spouse;
111+ (h) (1) “Employer” means a person or governmental entity that employs at 9
112+least one individual in the State. 10
112113
113- (6) an individual who acted as a parent or stood in loco parentis to the
114-covered individual or the covered individual’s spouse when the covered individual or the
115-covered individual’s spouse was a minor;
114+ (2) “Employer” does not include an individual who: 11
116115
117- (7) the spouse of the covered individual;
116+ (i) is the sole owner of a sole proprietorship, limited liability 12
117+company, C corporation, or S corporation; and 13
118118
119- (8) A DOMESTIC PARTNER O F THE COVERED INDIVI DUAL;
119+ (ii) is the only individual employed by the sole proprietorship, 14
120+limited liability company, C corporation, or S corporation. 15
120121
121- (9) a biological grandparent, an adopted grandparent, a foster
122-grandparent, or a stepgrandparent of the covered individual;
122+ (i) “Family member” means: 16
123123
124- [(9)] (10) a biological grandchild, an adopted grandchild, a foster
125-grandchild, or a stepgrandchild of the covered individual; or
124+ (1) a biological child, an adopted child, a foster child, or a stepchild of the 17
125+covered individual; 18
126126
127- [(10)] (11) a biological sibling, an adopted sibling, a foster sibling, or a
128-stepsibling of the covered individual.
127+ (2) a child for whom the covered individual has legal or physical custody or 19
128+guardianship; 20
129129
130- (j) “Fund” means the Family and Medical Leave Insurance Fund established
131-under § 8.3–501 of this title.
130+ (3) a child for whom the covered individual stands in loco parentis, 21
131+regardless of the child’s age; 22
132132
133- (k) “Governmental entity” has the meaning stated in § 8–101 of this article.
133+ (4) a biological parent, an adoptive parent, a foster parent, or a stepparent 23
134+of the covered individual or of the covered individual’s spouse; 24
134135
135- (l) “Program” means the Family and Medical Leave Insurance Program
136-established under § 8.3–301 of this title.
136+ (5) the legal guardian of the covered individual or the ward of the covered 25
137+individual or of the covered individual’s spouse; 26
137138
138- (m) “Qualifying exigency” means any of the following reasons for which leave may
139-be needed by a family member of a service member:
139+ (6) an individual who acted as a parent or stood in loco parentis to the 27
140+covered individual or the covered individual’s spouse when the covered individual or the 28
141+covered individual’s spouse was a minor; 29
140142
141- (1) because the service member has received notice of deployment within 7
142-days before the deployment is to begin;
143+ (7) the spouse of the covered individual; 30
143144
144- (2) to attend military events and related activities including family support
145-programs related to the active duty of the service member; Ch. 259 2023 LAWS OF MARYLAND
145+ (8) A DOMESTIC PARTNER O F THE COVERED INDIVI DUAL; 31
146+ 4 SENATE BILL 828
146147
147-– 4 –
148148
149- (3) to arrange, provide, or attend child care or school activities only when
150-the service member is on active duty call or active duty status;
149+ (9) a biological grandparent, an adopted grandparent, a foster 1
150+grandparent, or a stepgrandparent of the covered individual; 2
151151
152- (4) to make financial and legal arrangements for the service member’s
153-absence or because of the absence;
152+ [(9)] (10) a biological grandchild, an adopted grandchild, a foster 3
153+grandchild, or a stepgrandchild of the covered individual; or 4
154154
155- (5) to attend counseling that:
155+ [(10)] (11) a biological sibling, an adopted sibling, a foster sibling, or a 5
156+stepsibling of the covered individual. 6
156157
157- (i) is needed due to the active duty or call to active duty status of
158-the service member; and
158+ (j) “Fund” means the Family and Medical Leave Insurance Fund established 7
159+under § 8.3–501 of this title. 8
159160
160- (ii) is provided by an individual who is not a licensed health care
161-provider;
161+ (k) “Governmental entity” has the meaning stated in § 8–101 of this article. 9
162162
163- (6) to spend up to 15 calendar days with a service member who is on
164-short–term temporary rest and recuperation leave during the period of deployment;
163+ (l) “Program” means the Family and Medical Leave Insurance Program 10
164+established under § 8.3–301 of this title. 11
165165
166- (7) to attend postdeployment activities including reintegration services for
167-a period of 90 days immediately following the termination of active status;
166+ (m) “Qualifying exigency” means any of the following reasons for which leave may 12
167+be needed by a family member of a service member: 13
168168
169- (8) to attend to matters related to the death of the service member while
170-on active duty status;
169+ (1) because the service member has received notice of deployment within 7 14
170+days before the deployment is to begin; 15
171171
172- (9) to arrange for or provide alternative care for a parent of the service
173-member when the parent is incapable of self–care and the covered active duty or call to
174-active duty necessitates a change; or
172+ (2) to attend military events and related activities including family support 16
173+programs related to the active duty of the service member; 17
175174
176- (10) because of any other issues that arise out of active duty or a call to
177-active duty that an employer and covered employee agree should be covered.
175+ (3) to arrange, provide, or attend child care or school activities only when 18
176+the service member is on active duty call or active duty status; 19
178177
179- (n) “Secretary” means the Secretary of Labor.
178+ (4) to make financial and legal arrangements for the service member’s 20
179+absence or because of the absence; 21
180180
181- (o) (1) “Serious health condition” means an illness, an injury, an impairment,
182-or a physical or mental condition that involves:
181+ (5) to attend counseling that: 22
183182
184- (i) inpatient care in a hospital, hospice, or residential health care
185-facility;
183+ (i) is needed due to the active duty or call to active duty status of 23
184+the service member; and 24
186185
187- (ii) continued treatment by a licensed health care provider; or
186+ (ii) is provided by an individual who is not a licensed health care 25
187+provider; 26
188188
189- (iii) continued treatment or supervision at home by a licensed health
190-care provider or other competent individual under the supervision of a licensed health care
191-provider.
192- WES MOORE, Governor Ch. 259
189+ (6) to spend up to 15 calendar days with a service member who is on 27
190+short–term temporary rest and recuperation leave during the period of deployment; 28
193191
194-– 5 –
195- (2) “Serious health condition” includes an illness, an injury, an
196-impairment, or a physical or mental condition described in paragraph (1) of this subsection
197-that continues over an extended period of time and requires intermittent treatment.
192+ (7) to attend postdeployment activities including reintegration services for 29
193+a period of 90 days immediately following the termination of active status; 30
194+ SENATE BILL 828 5
198195
199- (p) “Service member” means an individual who is an active duty or former
200-member of:
201196
202- (1) the United States armed forces;
197+ (8) to attend to matters related to the death of the service member while 1
198+on active duty status; 2
203199
204- (2) a reserve component of the United States armed forces; or
200+ (9) to arrange for or provide alternative care for a parent of the service 3
201+member when the parent is incapable of self–care and the covered active duty or call to 4
202+active duty necessitates a change; or 5
205203
206- (3) the National Guard of any state.
204+ (10) because of any other issues that arise out of active duty or a call to 6
205+active duty that an employer and covered employee agree should be covered. 7
207206
208- (q) “Treatment” includes:
207+ (n) “Secretary” means the Secretary of Labor. 8
209208
210- (1) examinations or testing to determine the extent to which a serious
211-health condition exists or persists;
209+ (o) (1) “Serious health condition” means an illness, an injury, an impairment, 9
210+or a physical or mental condition that involves: 10
212211
213- (2) ongoing or periodic evaluations of the serious health condition; and
212+ (i) inpatient care in a hospital, hospice, or residential health care 11
213+facility; 12
214214
215- (3) actual treatment by a health care provider.
215+ (ii) continued treatment by a licensed health care provider; or 13
216216
217- (R) “WAGES” HAS THE MEANING STAT ED IN:
217+ (iii) continued treatment or supervision at home by a licensed health 14
218+care provider or other competent individual under the supervision of a licensed health care 15
219+provider. 16
218220
219- (1) FOR A COVERED EMPLOY EE, § 3–501(C) OF THIS ARTICLE; AND
221+ (2) “Serious health condition” includes an illness, an injury, an 17
222+impairment, or a physical or mental condition described in paragraph (1) of this subsection 18
223+that continues over an extended period of time and requires intermittent treatment. 19
220224
221- (2) FOR A SELF–EMPLOYED INDIVIDUAL , 26 U.S.C. § 1402(B) MEANS
222-ALL COMPENSATION THA T IS DUE FOR EMPLOYMENT THAT IS :
225+ (p) “Service member” means an individual who is an active duty or former 20
226+member of: 21
223227
224- (1) FOR AN EMPLOYEE :
228+ (1) the United States armed forces; 22
225229
226- (I) AN HOURLY WAGE OR A SALARY;
230+ (2) a reserve component of the United States armed forces; or 23
227231
228- (II) A COMMISSION ;
232+ (3) the National Guard of any state. 24
229233
230- (III) COMPENSATORY PAY ;
234+ (q) “Treatment” includes: 25
231235
232- (IV) SEVERANCE PAY ;
236+ (1) examinations or testing to determine the extent to which a serious 26
237+health condition exists or persists; 27
233238
234- (V) STANDBY PAY;
239+ (2) ongoing or periodic evaluations of the serious health condition; and 28
235240
236- (VI) A TIP OR GRATUITY ;
241+ (3) actual treatment by a health care provider. 29
237242
238- (VII) HOLIDAY OR VACATION PAY; OR
239- Ch. 259 2023 LAWS OF MARYLAND
243+ (R) “WAGES” HAS THE MEANING STAT ED IN: 30 6 SENATE BILL 828
240244
241-– 6 –
242- (VIII) ANY OTHER PAID LEAVE , INCLUDING SICK LEAVE , THAT IS
243-PAID TO THE EMPLOYEE ENTIRELY BY THE EMPL OYER; OR
244245
245- (2) FOR A SELF –EMPLOYED INDIVIDUAL , SELF–EMPLOYMENT
246-INCOME, AS DEFINED IN 26 U.S.C. § 1402(B).
247246
248-8.3–301.
247+ (1) FOR A COVERED EMPLOY EE, § 3–501(C) OF THIS ARTICLE; AND 1
249248
250- There is a Family and Medical Leave Insurance Program in the Department.
249+ (2) FOR A SELF–EMPLOYED INDIVIDUAL , 26 U.S.C. § 1402(B) MEANS 2
250+ALL COMPENSATION THA T IS DUE FOR EMPLOYM ENT THAT IS: 3
251251
252-8.3–302.
252+ (1) FOR AN EMPLOYEE : 4
253253
254- The purpose of the Program is to provide temporary benefits to a covered individual
255-who is taking leave from employment:
254+ (I) AN HOURLY WAGE OR A SALARY; 5
256255
257- (1) (I) to care for OR BOND WITH a child OF THE COVERED
258-INDIVIDUAL during the first year after the child’s birth; or [after the placement of the]
256+ (II) A COMMISSION ; 6
259257
260- (II) DURING THE PROCESS T HROUGH WHICH A child IS BEING
261-PLACED WITH THE COVE RED INDIVIDUAL through foster care, kinship care, or adoption
262-AND TO CARE FOR AND BOND WITH THE CHILD DURING THE FIRST YEAR AFTER THE
263-PLACEMENT ;
258+ (III) COMPENSATORY PAY ; 7
264259
265- (2) to care for a family member with a serious health condition;
260+ (IV) SEVERANCE PAY ; 8
266261
267- (3) because the covered individual has a serious health condition that
268-results in the covered individual being unable to perform the functions of the covered
269-individual’s position;
262+ (V) STANDBY PAY; 9
270263
271- (4) to care for a service member who is the covered individual’s next of kin;
272-or
264+ (VI) A TIP OR GRATUITY ; 10
273265
274- (5) because the covered individual has a qualifying exigency arising out of
275-the deployment of a service member who is a family member of the covered individual.
266+ (VII) HOLIDAY OR VACATION PAY; OR 11
276267
277-8.3–403.
268+ (VIII) ANY OTHER PAID LEAVE, INCLUDING SICK LEAVE , THAT IS 12
269+PAID TO THE EMPLOYEE ENTIRELY BY THE EMPL OYER; OR 13
278270
279- (a) The Secretary, in consultation with other State agencies and relevant
280-stakeholders, shall:
271+ (2) FOR A SELF –EMPLOYED INDIVIDUAL , SELF–EMPLOYMENT 14
272+INCOME, AS DEFINED IN 26 U.S.C. § 1402(B). 15
281273
282- (1) subject to subsection (b) of this section, adopt regulations necessary to
283-carry out this title;
274+8.3–301. 16
284275
285- (2) establish procedures and forms for filing claims for benefits, including:
286- WES MOORE, Governor Ch. 259
276+ There is a Family and Medical Leave Insurance Program in the Department. 17
287277
288-– 7 –
289- (i) procedures for notifying an employer within [5 business days
290-after [an employee of the employer files a claim for benefits under this title] 3 BUSINESS
291-DAYS AFTER ANY OF THE FOLLOWING OCCURS:
278+8.3–302. 18
292279
293- 1. AN EMPLOYEE FILES AN ELECTRONIC APPLICATI ON
294-REGARDING A CLAIM FO R BENEFITS;
280+ The purpose of the Program is to provide temporary benefits to a covered individual 19
281+who is taking leave from employment: 20
295282
296- 2. AN EMPLOYEE ’S PAPER APPLICATION REGARDING A
297-CLAIM FOR BENEFITS I S PROCESSED;
283+ (1) (I) to care for OR BOND WITH a child OF THE COVERED 21
284+INDIVIDUAL during the first year after the child’s birth; or [after the placement of the] 22
298285
299- 3. A DETERMINATION REGA RDING A CLAIM FOR
300-BENEFITS IS MADE ;
286+ (II) DURING THE PROCESS T HROUGH WHICH A child IS BEING 23
287+PLACED WITH THE COVE RED INDIVIDUAL through foster care, kinship care, or adoption 24
288+AND TO CARE FOR AND BOND WITH THE CHILD DURING THE FIRST YEA R AFTER THE 25
289+PLACEMENT ; 26
290+ SENATE BILL 828 7
301291
302- 4. AN APPEAL FOR A DETERMINATION REGARD ING A
303-CLAIM FOR BENEFITS I S FILED; OR
304292
305- 5. A CHANGE IS MADE TO A DETERMINATION REGA RDING
306-A CLAIM FOR BENEFITS ; and
293+ (2) to care for a family member with a serious health condition; 1
307294
308- (ii) notices of elections by self–employed individuals for benefits
309-under § 8.3–201 of this title;
295+ (3) because the covered individual has a serious health condition that 2
296+results in the covered individual being unable to perform the functions of the covered 3
297+individual’s position; 4
310298
311- (3) use information–sharing and integration technology to facilitate the
312-disclosure of relevant information or records needed for the administration of this title; and
299+ (4) to care for a service member who is the covered individual’s next of kin; 5
300+or 6
313301
314- (4) subject to subsection (d) of this section, carry out a public education
315-program.
302+ (5) because the covered individual has a qualifying exigency arising out of 7
303+the deployment of a service member who is a family member of the covered individual. 8
316304
317- (b) The regulations adopted under subsection (a)(1) of this section shall be
318-consistent with regulations adopted to implement the federal Family and Medical Leave
319-Act and any relevant State laws to the extent that the adopted regulations do not conflict
320-with this title.
305+8.3–403. 9
321306
322- (c) (1) Subject to paragraph (2) of this subsection, a covered individual under
323-§ 8.3–302(2), (3), (4), or (5) of this title shall provide certification for a claim for benefits
324-under this title.
307+ (a) The Secretary, in consultation with other State agencies and relevant 10
308+stakeholders, shall: 11
325309
326- (2) A certification for a claim for benefits for a covered individual under §
327-8.3–302(2), (3), or (4) of this title shall include:
310+ (1) subject to subsection (b) of this section, adopt regulations necessary to 12
311+carry out this title; 13
328312
329- (I) FOR THE PURPOSE OF S UPPORTING THE CLAIM FOR
330-BENEFIT PAYMENTS , THE FIRST DATE ON WH ICH THE COVERED INDI VIDUAL TOOK
331-OR INTENDS TO TAKE L EAVE FROM EMPLOYMENT AND WHET HER THE LEAVE WILL
332-OR IS INTENDED TO BE TAKEN FOR A CONTINUO US PERIOD OF TIME OR
333-INTERMITTENTLY ; Ch. 259 2023 LAWS OF MARYLAND
313+ (2) establish procedures and forms for filing claims for benefits, including: 14
334314
335-– 8 –
315+ (i) procedures for notifying an employer within [5 business days 15
316+after [an employee of the employer files a claim for benefits under this title] 3 BUSINESS 16
317+DAYS AFTER ANY OF THE FOLLOWING OCCURS: 17
336318
337- [(i)] (II) the date on which the serious health condition of the
338-family member, covered individual, or service member commenced;
319+ 1. AN EMPLOYEE FILES AN EL ECTRONIC APPLICATION 18
320+REGARDING A CLAIM FO R BENEFITS; 19
339321
340- [(ii)] (III) the probable duration of the serious health condition;
322+ 2. AN EMPLOYEE ’S PAPER APPLICATION REGARDING A 20
323+CLAIM FOR BENEFITS I S PROCESSED; 21
341324
342- [(iii)] (IV) the appropriate facts related to the serious health
343-condition within the knowledge of the licensed health care provider;
325+ 3. A DETERMINATION REGA RDING A CLAIM FOR 22
326+BENEFITS IS MADE ; 23
344327
345- [(iv)] (V) 1. For a claim for benefits under § 8.3–302(2) of this
346-title, a statement that the covered individual needs to care for a family member and an
347-estimate of the amount of time required to provide the care; or
328+ 4. AN APPEAL FOR A DETE RMINATION REGARDING A 24
329+CLAIM FOR BENEFITS I S FILED; OR 25
348330
349- 2. for a claim for benefits under § 8.3–302(3) of this title, a
350-statement that the covered individual [is unable] HAS A SERIOUS HEALTH CONDITION
351-THAT PREVENTS THE CO VERED INDIVIDUAL FRO M BEING ABLE to perform [the] ONE
352-OR MORE functions of the covered individual’s position; and
331+ 5. A CHANGE IS MADE TO A DETERMINATION REGA RDING 26
332+A CLAIM FOR BENEFITS ; and 27
353333
354- [(v)] (VI) 1. For a certification for intermittent leave under §
355-8.3–302(2) or (4) of this title, a statement that the covered individual needs to care for a
356-family member or service member and the expected FREQUENCY AND duration of the
357-intermittent leave; or
334+ (ii) notices of elections by self–employed individuals for benefits 28
335+under § 8.3–201 of this title; 29
358336
359- 2. for a certification of intermittent leave under § 8.3–302(3)
360-of this title, a statement that the covered individual [is unable] HAS A SERIOUS HEALTH
361-CONDITION THAT PREVE NTS THE COVERED INDI VIDUAL FROM BEING AB LE to
362-perform [the] ONE OR MORE functions of the covered individual’s position and the expected
363-FREQUENCY AND duration of the intermittent leave.
337+ (3) use information–sharing and integration technology to facilitate the 30
338+disclosure of relevant information or records needed for the administration of this title; and 31 8 SENATE BILL 828
364339
365- (3) The Secretary shall establish:
366340
367- (i) standards in regulation for the certification of claims for benefits
368-under § 8.3–302(5) of this title;
369341
370- (ii) standards for verifying the identity of a family member OR NEXT
371-OF KIN for a claim for benefits under § 8.3–302(2), (4), OR (5) of this title; and
342+ (4) subject to subsection (d) of this section, carry out a public education 1
343+program. 2
372344
373- (iii) procedures for an employer to provide evidence of suspected
374-fraud to the Secretary.
345+ (b) The regulations adopted under subsection (a)(1) of this section shall be 3
346+consistent with regulations adopted to implement the federal Family and Medical Leave 4
347+Act and any relevant State laws to the extent that the adopted regulations do not conflict 5
348+with this title. 6
375349
376- (d) (1) The Secretary may use a portion of the funds paid under § 8.3–601 of
377-this title or other available funding to pay for and carry out the requirements under
378-subsection (a)(4) of this section.
379- WES MOORE, Governor Ch. 259
350+ (c) (1) Subject to paragraph (2) of this subsection, a covered individual under 7
351+§ 8.3–302(2), (3), (4), or (5) of this title shall provide certification for a claim for benefits 8
352+under this title. 9
380353
381-– 9 –
382- (2) Materials used in the public education program required under
383-subsection (a)(4) of this section shall be made available in English and Spanish.
354+ (2) A certification for a claim for benefits for a covered individual under § 10
355+8.3–302(2), (3), or (4) of this title shall include: 11
384356
385-8.3–406.
357+ (I) FOR THE PURPOSE OF S UPPORTING THE CLAIM FOR 12
358+BENEFIT PAYMENTS , THE FIRST DATE ON WH ICH THE COVERED INDI VIDUAL TOOK 13
359+OR INTENDS TO TAKE L EAVE FROM EMPLOYMENT AND WHET HER THE LEAVE WILL 14
360+OR IS INTENDED TO BE TAKEN FOR A CONTINUO US PERIOD OF TIME OR 15
361+INTERMITTENTLY ; 16
386362
387- (a) On or before September 1 each year, the Secretary shall submit to the
388-Governor and, in accordance with § 2–1257 of the State Government Article, the General
389-Assembly an annual report on the administration and operation of [this title] THE
390-PROGRAM during the immediately preceding fiscal year.
363+ [(i)] (II) the date on which the serious health condition of the 17
364+family member, covered individual, or service member commenced; 18
391365
392- (b) The annual report shall include information regarding:
366+ [(ii)] (III) the probable duration of the serious health condition; 19
393367
394- (1) [projected and] actual Program participation rates THAT INCLUDES :
368+ [(iii)] (IV) the appropriate facts related to the serious health 20
369+condition within the knowledge of the licensed health care provider; 21
395370
396- (I) THE NUMBER OF CLAIMS FOR BENEFITS SUBMITT ED, BOTH
397-IN TOTAL AND FOR EAC H CATEGORY LISTED IN § 8.3–302 OF THIS TITLE;
371+ [(iv)] (V) 1. For a claim for benefits under § 8.3–302(2) of this 22
372+title, a statement that the covered individual needs to care for a family member and an 23
373+estimate of the amount of time required to provide the care; or 24
398374
399- (II) THE NUMBER OF CLAIMS INCLUDED UNDER ITEM (I) OF THIS
400-ITEM BROKEN DOWN BY :
375+ 2. for a claim for benefits under § 8.3–302(3) of this title, a 25
376+statement that the covered individual [is unable] HAS A SERIOUS HEALTH CONDITION 26
377+THAT PREVENTS THE CO VERED INDIVIDUAL FRO M BEING ABLE to perform [the] ONE 27
378+OR MORE functions of the covered individual’s position; and 28
401379
402- 1. JURISDICTION;
380+ [(v)] (VI) 1. For a certification for intermittent leave under § 29
381+8.3–302(2) or (4) of this title, a statement that the covered individual needs to care for a 30
382+family member or service member and the expected FREQUENCY AND duration of the 31
383+intermittent leave; or 32
384+ SENATE BILL 828 9
403385
404- 2. RACE AND ETHNICITY ;
405386
406- 3. GENDER;
387+ 2. for a certification of intermittent leave under § 8.3–302(3) 1
388+of this title, a statement that the covered individual [is unable] HAS A SERIOUS HEALTH 2
389+CONDITION THAT PREVE NTS THE COVERED INDI VIDUAL FROM BEING AB LE to 3
390+perform [the] ONE OR MORE functions of the covered individual’s position and the expected 4
391+FREQUENCY AND duration of the intermittent leave. 5
407392
408- 4. ZIP CODE; AND
393+ (3) The Secretary shall establish: 6
409394
410- 5. AGE;
395+ (i) standards in regulation for the certification of claims for benefits 7
396+under § 8.3–302(5) of this title; 8
411397
412- (III) THE NUMBER OF CLAIMS FOR BENEFITS APPROVE D, BOTH
413-IN TOTAL AND FOR EAC H CATEGORY LISTED IN § 8.3–302 OF THIS TITLE;
398+ (ii) standards for verifying the identity of a family member OR NEXT 9
399+OF KIN for a claim for benefits under § 8.3–302(2), (4), OR (5) of this title; and 10
414400
415- (IV) THE NUMBER OF CLAIMS INCLUDED UNDER ITEM (III) OF
416-THIS ITEM BROKEN DOW N BY:
401+ (iii) procedures for an employer to provide evidence of suspected 11
402+fraud to the Secretary. 12
417403
418- 1. JURISDICTION;
404+ (d) (1) The Secretary may use a portion of the funds paid under § 8.3–601 of 13
405+this title or other available funding to pay for and carry out the requirements under 14
406+subsection (a)(4) of this section. 15
419407
420- 2. RACE AND ETHNICITY ;
408+ (2) Materials used in the public education program required under 16
409+subsection (a)(4) of this section shall be made available in English and Spanish. 17
421410
422- 3. GENDER;
411+8.3–406. 18
423412
424- 4. ZIP CODE; AND
413+ (a) On or before September 1 each year, the Secretary shall submit to the 19
414+Governor and, in accordance with § 2–1257 of the State Government Article, the General 20
415+Assembly an annual report on the administration and operation of [this title] THE 21
416+PROGRAM during the immediately preceding fiscal year. 22
425417
426- 5. AGE; Ch. 259 2023 LAWS OF MARYLAND
418+ (b) The annual report shall include information regarding: 23
427419
428-– 10 –
420+ (1) [projected and] actual Program participation rates THAT INCLUDES: 24
429421
430- (V) THE TOTAL NUMBER OF CLAIMS FOR BENEFITS DENIED,
431-BOTH IN TOTAL AND BY CATEGORY LISTED IN § 8.3–602 OF THIS TITLE; AND
422+ (I) THE NUMBER OF CLAIMS FOR BENEFITS SUBMITT ED, BOTH 25
423+IN TOTAL AND FOR EAC H CATEGORY LISTED IN § 8.3–302 OF THIS TITLE; 26
432424
433- (VI) THE NUMBER OF CLAIMS INCLUDED UNDER ITEM (V) OF
434-THIS ITEM BROKEN DOW N BY:
425+ (II) THE NUMBER OF CLAIMS INCLUDED UNDER ITEM (I) OF THIS 27
426+ITEM BROKEN DOWN BY : 28
435427
436- 1. JURISDICTION;
428+ 1. JURISDICTION; 29
437429
438- 2. RACE AND ETHNICITY ;
430+ 2. RACE AND ETHNICITY; 30
431+ 10 SENATE BILL 828
439432
440- 3. GENDER;
441433
442- 4. ZIP CODE; AND
434+ 3. GENDER; 1
443435
444- 5. AGE;
436+ 4. ZIP CODE; AND 2
445437
446- (2) PROJECTED PARTICIPAT ION RATES;
438+ 5. AGE; 3
447439
448- (3) contribution rates;
440+ (III) THE NUMBER OF CLAIMS FOR BENEFITS APPROVE D, BOTH 4
441+IN TOTAL AND FOR EAC H CATEGORY LISTED IN § 8.3–302 OF THIS TITLE; 5
449442
450- [(3)] (4) projected and actual Fund balances;
443+ (IV) THE NUMBER OF CLAIMS INCLUDED UNDER ITEM (III) OF 6
444+THIS ITEM BROKEN DOWN BY : 7
451445
452- [(4)] (5) public outreach and technical assistance efforts;
446+ 1. JURISDICTION; 8
453447
454- [(5)] (6) all enforcement efforts;
448+ 2. RACE AND ETHNICITY ; 9
455449
456- [(6)] (7) the number and status of complaints under Subtitle 9 of this
457-title;
450+ 3. GENDER; 10
458451
459- [(7)] (8) the costs of administering the Program attributable to each of
460-the following:
452+ 4. ZIP CODE; AND 11
461453
462- (i) employers;
454+ 5. AGE; 12
463455
464- (ii) employees of employers;
456+ (V) THE TOTAL NUMBER OF CLAIMS FOR BENEFITS DENIED, 13
457+BOTH IN TOTAL AND BY CATEGORY LISTED IN § 8.3–602 OF THIS TITLE; AND 14
465458
466- (iii) self–employed individuals; and
459+ (VI) THE NUMBER OF CLAIMS INC LUDED UNDER ITEM (V) OF 15
460+THIS ITEM BROKEN DOW N BY: 16
467461
468- (iv) the State;
462+ 1. JURISDICTION; 17
469463
470- [(8)] (9) the State agencies and relevant stakeholders that were consulted
471-as required under this title; and
472- WES MOORE, Governor Ch. 259
464+ 2. RACE AND ETHNICITY ; 18
473465
474-– 11 –
475- [(9)] (10) the capability and capacity of the Department to administer the
476-Program as compared to the findings and recommendations of the capability and capacity
477-study completed under § 5 of Chapter 48 of the Acts of the General Assembly of 2022.
466+ 3. GENDER; 19
478467
479- (C) THE REPORTING REQUIRE MENT ESTABLISHED UND ER SUBSECTION (A)
480-OF THIS SECTION DOES NOT APPLY TO AN EMPL OYER THAT HAS A PRIV ATE
481-EMPLOYER PLAN DESCRI BED IN § 8.3–705 OF THIS TITLE.
468+ 4. ZIP CODE; AND 20
482469
483-8.3–504.
470+ 5. AGE; 21
484471
485- (d) In accordance with regulations that the Secretary adopts, money in the Fund
486-account:
472+ (2) PROJECTED PARTICIPAT ION RATES; 22
487473
488- (1) shall be used to pay benefits under this title; and
474+ (3) contribution rates; 23
489475
490- (2) may be used to pay for:
476+ [(3)] (4) projected and actual Fund balances; 24
491477
492- (i) the public education program CARRIED OUT UNDER §
493-8.3–403(A)(4) OF THIS TITLE; and
478+ [(4)] (5) public outreach and technical assistance efforts; 25 SENATE BILL 828 11
494479
495- (ii) any costs associated with the initial implementation and ongoing
496-administration of this title.
497480
498-8.3–505.
499481
500- A check that [the State Treasurer issues] IS ISSUED to pay benefits or refunds shall:
482+ [(5)] (6) all enforcement efforts; 1
501483
502- (1) [be issued only on a warrant signed by] BEAR THE SIGNATURE O F the
503-Secretary; AND
484+ [(6)] (7) the number and status of complaints under Subtitle 9 of this 2
485+title; 3
504486
505- (2) bear the signature of the State Treasurer; and
487+ [(7)] (8) the costs of administering the Program attributable to each of 4
488+the following: 5
506489
507- (3) be countersigned by an authorized agent.
490+ (i) employers; 6
508491
509-8.3–601.
492+ (ii) employees of employers; 7
510493
511- (a) (1) Beginning [October 1, 2023] JANUARY OCTOBER 1, 2024, each
512-employee of an employer, each employer with 15 or more employees, and each
513-self–employed individual participating in the Program shall contribute to the Fund.
494+ (iii) self–employed individuals; and 8
514495
515- (2) THE TOTAL RATE OF CONTRI BUTION ESTABLISHED U NDER THIS
516-SECTION:
496+ (iv) the State; 9
517497
518- (I) MAY NOT EXCEED 1.2% OF AN EMPLOYEE ’S WAGES; AND
519- Ch. 259 2023 LAWS OF MARYLAND
498+ [(8)] (9) the State agencies and relevant stakeholders that were consulted 10
499+as required under this title; and 11
520500
521-– 12 –
522- (II) SHALL BE APPLIED TO ALL WAGES UP TO AND INCLUDING
523-THE SOCIAL SECURITY WAGE BASE .
501+ [(9)] (10) the capability and capacity of the Department to administer the 12
502+Program as compared to the findings and recommendations of the capability and capacity 13
503+study completed under § 5 of Chapter 48 of the Acts of the General Assembly of 2022. 14
524504
525- (b) (1) ON SUBJECT TO SUBSECTION (A)(2) OF THIS SECTION, ON OR
526-BEFORE SEPTEMBER OCTOBER 1, 2023, THE SECRETARY SHALL SET T HE TOTAL
527-RATE OF CONTRIBUTION BASED ON AVAILABLE C OST ANALYSES OF THE PROGRAM.
505+ (C) THE REPORTING REQUIRE MENT ESTABLISHED UND ER SUBSECTION (A) 15
506+OF THIS SECTION DOES NOT APPLY TO AN EMPL OYER THAT HAS A PRIV ATE 16
507+EMPLOYER PLAN DESCRI BED IN § 8.3–705 OF THIS TITLE. 17
528508
529- (2) THE RATE SET UNDER PA RAGRAPH (1) OF THIS SUBSECTION
530-SHALL BE IN EFFECT F OR THE PERIOD FROM JANUARY OCTOBER 1, 2024, TO JUNE
531-30, 2025 2026, BOTH INCLUSIVE .
509+8.3–504. 18
532510
533- (C) (1) On or before [December 1 every 2 years] NOVEMBER 15 EACH YEAR,
534-beginning in [2025] 2024, the Secretary[, in consultation with State agencies and relevant
535-stakeholders,] shall conduct a cost analysis of the Program that is focused on the cost of
536-maintaining solvency and paying benefits to covered individuals THAT WILL BE USED TO
537-DETERMINE THE APPROP RIATE TOTAL RATE OF CONTRIBUTION TO THE FUND.
511+ (d) In accordance with regulations that the Secretary adopts, money in the Fund 19
512+account: 20
538513
539- [(c) (1) Once every 2 years, beginning in 2025, the Secretary, in consultation
540-with State agencies and relevant stakeholders, shall study and make recommendations
541-regarding the following:
514+ (1) shall be used to pay benefits under this title; and 21
542515
543- (i) the appropriate total rate of contribution;
516+ (2) may be used to pay for: 22
544517
545- (ii) the appropriate cost–sharing formula between employers and
546-employees for making contributions to fund the Program, including various formulas that
547-range between a cost share of:
518+ (i) the public education program CARRIED OUT UNDER § 23
519+8.3–403(A)(4) OF THIS TITLE; and 24
548520
549- 1. A. 75% paid by employers; and
521+ (ii) any costs associated with the initial implementation and ongoing 25
522+administration of this title. 26
550523
551- B. 25% paid by employees; and
524+8.3–505. 27
552525
553- 2. A. 25% paid by employers; and
526+ A check that [the State Treasurer issues] IS ISSUED to pay benefits or refunds shall: 28 12 SENATE BILL 828
554527
555- B. 75% paid by employees;
556528
557- (iii) the cost efficiency and benefits of the Department issuing a
558-request for proposals seeking the services of an outside contractor for the following:
559529
560- 1. premium collection;
530+ (1) [be issued only on a warrant signed by] BEAR THE SIGNATURE O F the 1
531+Secretary; AND 2
561532
562- 2. claims administration;
533+ (2) bear the signature of the State Treasurer; and 3
563534
564- 3. data management;
535+ (3) be countersigned by an authorized agent. 4
565536
566- 4. fraud control; WES MOORE, Governor Ch. 259
537+8.3–601. 5
567538
568-– 13 –
539+ (a) (1) Beginning [October 1, 2023] JANUARY OCTOBER 1, 2024, each 6
540+employee of an employer, each employer with 15 or more employees, and each 7
541+self–employed individual participating in the Program shall contribute to the Fund. 8
569542
570- 5. marketing and advertising; or
543+ (2) THE TOTAL RATE OF CON TRIBUTION ESTABLISHE D UNDER THIS 9
544+SECTION: 10
571545
572- 6. implementing any other elements of the Program.]
546+ (I) MAY NOT EXC EED 1.2% OF AN EMPLOYEE ’S WAGES; AND 11
573547
574- (2) On or before [April 1] NOVEMBER 15 each year [a study is conducted
575-under paragraph (1) of this subsection], the Secretary shall report the [findings and
576-recommendations] RESULTS OF THE COST ANALYSIS to the Senate Finance Committee,
577-the House Economic Matters Committee, and the Joint Committee on Administrative,
578-Executive, and Legislative Review in accordance with § 2–1257 of the State Government
579-Article.
548+ (II) SHALL BE APPLIED TO ALL WAGES UP TO AND INCLUDING 12
549+THE SOCIAL SECURITY WAGE BASE . 13
580550
581- (d) (1) Subject to paragraph (2) of this subsection AND SUBSECTION (A)(2)
582-OF THIS SECTION , on or before [June 1 every 2 years,] FEBRUARY 1 EACH YEAR,
583-beginning in 2025 2026, the Secretary shall set the total rate of contribution [and the
584-percentage of the total rate of contribution to be paid by employees of employers and
585-employers with 15 or more employees ] that will be in effect for the
586-[24–month] 12–MONTH period beginning on the immediately following [January] JULY 1.
551+ (b) (1) ON SUBJECT TO SUBSECTION (A)(2) OF THIS SECTION , ON OR 14
552+BEFORE SEPTEMBER OCTOBER 1, 2023, THE SECRETARY SHALL SET T HE TOTAL 15
553+RATE OF CONTRIBUTION BASED ON AVAILABLE C OST ANALYSES OF THE PROGRAM. 16
587554
588- (2) The rate [and percentages] set under paragraph (1) of this subsection
589-shall be based on the study COST ANALYSIS required under subsection (c) of this section.
555+ (2) THE RATE SET UNDER PA RAGRAPH (1) OF THIS SUBSECTION 17
556+SHALL BE IN EFFECT F OR THE PERIOD FROM JANUARY OCTOBER 1, 2024, TO JUNE 18
557+30, 2025 2026, BOTH INCLUSIVE . 19
590558
591- [(3)] (E) The total rate of contribution shall be applied to all wages up to
592-and including the Social Security wage base.
559+ (C) (1) On or before [December 1 every 2 years] NOVEMBER 15 EACH YEAR, 20
560+beginning in [2025] 2024, the Secretary[, in consultation with State agencies and relevant 21
561+stakeholders,] shall conduct a cost analysis of the Program that is focused on the cost of 22
562+maintaining solvency and paying benefits to covered individuals THAT WILL BE USED TO 23
563+DETERMINE THE APPROP RIATE TOTAL RATE OF CONTRIBUTION TO THE FUND. 24
593564
594- [(4) The percentages set under paragraph (1) of this subsection may not
595-vary between employees or employers.]
565+ [(c) (1) Once every 2 years, beginning in 2025, the Secretary, in consultation 25
566+with State agencies and relevant stakeholders, shall study and make recommendations 26
567+regarding the following: 27
596568
597- [(e)] (F) (1) (I) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECTION,
598-EACH EMPLOYER OF 15 OR MORE EMPLOYEES SH ALL CONTRIBUTE AN AM OUNT
599-EQUAL TO 25% 50% OF THE TOTAL RATE OF CONTRIBUTION FOR EAC H COVERED
600-EMPLOYEE.
569+ (i) the appropriate total rate of contribution; 28
601570
602- (II) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, EACH
603-EMPLOYEE OF AN EMPLO YER SHALL CONTRIBUTE AN AMOUNT EQUAL TO 75% 50%
604-OF THE TOTAL RATE OF CONTRIBUTION .
571+ (ii) the appropriate cost–sharing formula between employers and 29
572+employees for making contributions to fund the Program, including various formulas that 30
573+range between a cost share of: 31 SENATE BILL 828 13
605574
606- [(1)] (2) (I) Except as provided in [paragraph (2) of this subsection]
607-SUBPARAGRAPH (II) OF THIS PARAGRAPH, the employer of the employee shall deduct
608-the employee’s required contribution from the wages of the employee.
609575
610- (II) 1. AN EMPLOYER MAY ELECT TO PAY ALL OR A PORT ION
611-OF THE REQUIRED EMPL OYEE CONTRIBUTIONS I N WHOLE OR IN PART .
612- Ch. 259 2023 LAWS OF MARYLAND
613576
614-– 14 –
615- [(2)] 2. If the employer of an employee elects to pay a portion of
616-the employee’s required contribution, the employer:
577+ 1. A. 75% paid by employers; and 1
617578
618- A. may deduct an amount that is less than 75% 50% of the
619-rate of contribution required from the wages of the employee; AND
579+ B. 25% paid by employees; and 2
620580
621- B. SHALL NOTIFY EMPLOYEES OF THE RAT E OF
622-CONTRIBUTION SET FOR EMPLOYEES UNDER SUBS ECTION (D)(1) OF THIS SECTION
623-AND THE PORTION OF T HAT AMOUNT THAT THE EMPLOYER IS ELECTING TO PAY.
581+ 2. A. 25% paid by employers; and 3
624582
625- [(f)] (G) Each self–employed individual participating in the Program shall:
583+ B. 75% paid by employees; 4
626584
627- (1) pay contributions during each year that the self–employed individual
628-participates in the Program; and
585+ (iii) the cost efficiency and benefits of the Department issuing a 5
586+request for proposals seeking the services of an outside contractor for the following: 6
629587
630- (2) contribute an amount equal to the total rate of contribution set under
631-subsection (d) of this section.
588+ 1. premium collection; 7
632589
633- (H) THE STATE SHALL PAY THE C ONTRIBUTION REQUIRE D UNDER
634-SUBSECTION (F) OF THIS SECTION FOR :
590+ 2. claims administration; 8
635591
636- (1) EMPLOYERS THAT ARE C OMMUNITY PROVIDERS T HAT ARE
637-COMMUNITY –BASED AGENCIES OR PR OGRAMS FUNDED BY THE BEHAVIORAL
638-HEALTH ADMINISTRATION , THE DEVELOPMENTAL DISABILITIES
639-ADMINISTRATION , OR THE MEDICAL CARE PROGRAMS ADMINISTRATION THAT
640-SERVE INDIVIDUALS WI TH MENTAL DISORDERS , SUBSTANCE USE DISORD ERS, OR A
641-COMBINATION OF THOSE DISORDERS OR DEVELOP MENTAL DISABILITIES ; AND
592+ 3. data management; 9
642593
643- (2) COVERED EMPLOYEES WH O MAKE AN HOURLY WAG E THAT IS LESS
644-THAN $15 PER HOUR, UNLESS THE EMPLOYER OF THE CO VERED EMPLOYEE ELECT S
645-TO PAY ALL OF A PORT ION OF THE EMPLOYEE ’S REQUIRED CONTRIBUT ION.
594+ 4. fraud control; 10
646595
647- (G) (1) THE MARYLAND DEPARTMENT OF HEALTH SHALL REIMBURS E
648-EACH:
596+ 5. marketing and advertising; or 11
649597
650- (I) COMMUNITY PROVIDER T HAT IS REQUIRED TO B E LICENSED
651-OR CERTIFIED UNDER TITLE 7 OF THE HEALTH – GENERAL ARTICLE FOR 100% OF
652-THE EMPLOYER CONTRIB UTION REQUIRED UNDER SUBSECTION (F) (E) OF THIS
653-SECTION FOR EMPLOYEE S WHO MANAGE OR PROV IDE SERVICES UNDER TITLE 7 OF
654-THE HEALTH – GENERAL ARTICLE;
598+ 6. implementing any other elements of the Program.] 12
655599
656- (II) COMMUNITY PROVIDER T HAT IS REQUIRED TO B E LICENSED
657-OR CERTIFIED UNDER TITLE 7.5 OF THE HEALTH – GENERAL ARTICLE FOR A
658-PERCENTAGE OF THE EM PLOYER CONTRIBUTION REQUIRED UNDER SUBSE CTION WES MOORE, Governor Ch. 259
600+ (2) On or before [April 1] NOVEMBER 15 each year [a study is conducted 13
601+under paragraph (1) of this subsection], the Secretary shall report the [findings and 14
602+recommendations] RESULTS OF THE COST ANALYSIS to the Senate Finance Committee, 15
603+the House Economic Matters Committee, and the Joint Committee on Administrative, 16
604+Executive, and Legislative Review in accordance with § 2–1257 of the State Government 17
605+Article. 18
659606
660-– 15 –
661-(F) (E) OF THIS SECTION FOR EMPLOYEES WHO MANAGE OR PROVIDE SERVICES
662-UNDER TITLE 7.5 OF THE HEALTH – GENERAL ARTICLE THAT IS EQUAL TO THE
663-PERCENTAGE OF REVENU E THAT IS ATTRIBUTAB LE TO FEDERAL AND STATE
664-MEDICAID FUNDING AND ANY OTHER STATE FUNDING RECEIVE D BY THE
665-COMMUNITY PROVIDER F OR THE SERVICES DURI NG THE PERIOD COVERE D BY THE
666-REIMBURSEMENT ; OR
607+ (d) (1) Subject to paragraph (2) of this subsection AND SUBSECTION (A)(2) 19
608+OF THIS SECTION , on or before [June 1 every 2 years,] FEBRUARY 1 EACH YEAR, 20
609+beginning in 2025 2026, the Secretary shall set the total rate of contribution [and the 21
610+percentage of the total rate of contribution to be paid by employees of employers and 22
611+employers with 15 or more employees ] that will be in effect for the 23
612+[24–month] 12–MONTH period beginning on the immediately following [January] JULY 1. 24
667613
668- (III) PROVIDER, AS DEFINED IN § 16–201.4 OF THE HEALTH –
669-GENERAL ARTICLE, FOR A PERCENTAGE OF THE EMPLOYER CONTRIB UTION
670-REQUIRED UNDER SUBSE CTION (F) (E) OF THIS SECTION FOR EMPLOYEES WHO
671-MANAGE OR PROVIDE SE RVICES DESCRIBED IN § 16–201.4(A) OF THE HEALTH –
672-GENERAL ARTICLE THAT IS EQUAL TO THE PERCENTAGE OF REVENUE
673-ATTRIBUTABLE TO FEDE RAL AND STATE MEDICAID FUNDING AND ANY OTHER
674-STATE FUNDING RECEIVE D BY THE PROVIDER FO R THE SERVICES DURIN G THE
675-PERIOD COVERED BY TH E REIMBURSEMENT .
614+ (2) The rate [and percentages] set under paragraph (1) of this subsection 25
615+shall be based on the study COST ANALYSIS required under subsection (c) of this section. 26
676616
677- (2) THE MARYLAND DEPARTMENT OF HEALTH SHALL MAKE THE
678-REIMBURSEMENTS REQUI RED UNDER PARAGRAPH (1) OF THIS SUBSECTION A T
679-LEAST QUARTERLY .
617+ [(3)] (E) The total rate of contribution shall be applied to all wages up to 27
618+and including the Social Security wage base. 28
680619
681- (3) TO RECEIVE REIMBURSEM ENT UNDER PARAGRAPH (1) OF THIS
682-SUBSECTION, A PROVIDER SHALL PRO VIDE TO THE MARYLAND DEPARTMENT OF
683-HEALTH ANY INFORMATIO N NECESSARY TO CARRY OUT THIS SUBSECTION IN THE
684-FORM AND MANNER REQU IRED BY THE MARYLAND DEPARTMENT OF HEALTH.
620+ [(4) The percentages set under paragraph (1) of this subsection may not 29
621+vary between employees or employers.] 30 14 SENATE BILL 828
685622
686-8.3–701.
687623
688- (a) (1) Subject to paragraph (2) of this subsection, beginning January 1, 2025
689-2026, a covered individual taking leave from employment may submit a claim for benefits
690-[to]:
691624
692- (i) 1. TO care for a newborn child OF THE COVERED
693-INDIVIDUAL DURING TH E FIRST YEAR AFTER T HE CHILD’S BIRTH; or
625+ [(e)] (F) (1) (I) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECTION, 1
626+EACH EMPLOYER OF 15 OR MORE EMPLOYEES SH ALL CONTRIBUTE AN AM OUNT 2
627+EQUAL TO 25% 50% OF THE TOTAL RATE OF CONTRIBUTION FOR EAC H COVERED 3
628+EMPLOYEE. 4
694629
695- 2. BECAUSE a child [newly] IS BEING placed for adoption,
696-foster care, or kinship care with the covered individual [during the first year after the birth,
697-adoption,] or TO CARE FOR OR BOND WITH THE CHILD DURIN G THE FIRST YEAR AFT ER
698-THE placement;
630+ (II) EXCEPT AS OTHERWISE P ROVIDED IN THIS SECT ION, EACH 5
631+EMPLOYEE OF AN EMPLO YER SHALL CONTRIBUTE AN AMOUNT EQUAL TO 75% 50% 6
632+OF THE TOTAL RATE OF CONTRIBUTION . 7
699633
700- (ii) TO care for a family member with a serious health condition;
634+ [(1)] (2) (I) Except as provided in [paragraph (2) of this subsection] 8
635+SUBPARAGRAPH (II) OF THIS PARAGRAPH, the employer of the employee shall deduct 9
636+the employee’s required contribution from the wages of the employee. 10
701637
702- (iii) TO attend to a serious health condition that [results in]
703-PREVENTS the covered individual FROM being [unable] ABLE to perform [the] ONE OR
704-MORE functions of the covered individual’s position; Ch. 259 2023 LAWS OF MARYLAND
638+ (II) 1. AN EMPLOYER MAY ELECT TO PAY ALL OR A PORT ION 11
639+OF THE REQUIRED EMPL OYEE CONTRIBUTIONS I N WHOLE OR IN PART . 12
705640
706-– 16 –
641+ [(2)] 2. If the employer of an employee elects to pay a portion of 13
642+the employee’s required contribution, the employer: 14
707643
708- (iv) TO care for a service member with a serious health condition
709-resulting from military service who is the covered individual’s next of kin; or
644+ A. may deduct an amount that is less than 75% 50% of the 15
645+rate of contribution required from the wages of the employee; AND 16
710646
711- (v) TO attend to a qualifying exigency arising out of the deployment
712-of a service member who is a family member of the covered individual.
647+ B. SHALL NOTIFY EMPLOYEES OF THE RAT E OF 17
648+CONTRIBUTION SET FOR EMPLOYEES UNDER SUBS ECTION (D)(1) OF THIS SECTION 18
649+AND THE PORTION OF T HAT AMOUNT THAT THE EMPLOYER IS ELECTING TO PAY. 19
713650
714- (2) (i) Except as provided under subparagraph (ii) of this paragraph, if
715-the need to use leave is foreseeable, an employer may require a covered employee taking
716-leave under this title to provide the employer with written notice of the covered employee’s
717-intention to take leave at least 30 days before commencing the leave.
651+ [(f)] (G) Each self–employed individual participating in the Program shall: 20
718652
719- (ii) If the need to use leave is not foreseeable, the covered employee
720-shall:
653+ (1) pay contributions during each year that the self–employed individual 21
654+participates in the Program; and 22
721655
722- 1. provide notice to the employer as soon as practicable; and
656+ (2) contribute an amount equal to the total rate of contribution set under 23
657+subsection (d) of this section. 24
723658
724- 2. generally comply with the employer’s notice or procedural
725-requirements for requesting or reporting other leave, if those requirements do not interfere
726-with the covered employee’s ability to use leave for which benefits may be paid under this
727-title.
659+ (H) THE STATE SHALL PAY THE C ONTRIBUTION REQUIRED UNDER 25
660+SUBSECTION (F) OF THIS SECTION FOR : 26
728661
729- (B) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , AN
730-INDIVIDUAL MAY FILE AN APPLICATION FOR B ENEFITS WITHIN 60 DAYS BEFORE THE
731-ANTICIPATED START DA TE OF THE LEAVE FOR WHICH BENEFITS MAY B E PAID
732-UNDER THIS TITLE , BUT NOT LATER THAN 60 DAYS AFTER THE START DATE OF THE
733-LEAVE.
662+ (1) EMPLOYERS THAT ARE C OMMUNITY PROVIDERS T HAT ARE 27
663+COMMUNITY –BASED AGENCIES OR PR OGRAMS FUNDED BY THE BEHAVIORAL 28
664+HEALTH ADMINISTRATION , THE DEVELOPMENTAL DISABILITIES 29
665+ADMINISTRATION , OR THE MEDICAL CARE PROGRAMS ADMINISTRATION THAT 30
666+SERVE INDIVIDUALS WI TH MENTAL DISORDERS , SUBSTANCE USE DISORD ERS, OR A 31
667+COMBINATION OF THOSE DISORDERS OR DEVELOP MENTAL DISABILITIES ; AND 32 SENATE BILL 828 15
734668
735- (2) TO BE CONSIDERED COMPLETE , AN APPLICATION SHALL CONTAIN
736-ALL INFORMATION REQU IRED BY THE DEPARTMENT .
737669
738- (3) (I) THE DEPARTMENT SHALL WAIV E THE FILING DEADLIN E
739-ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION F OR GOOD CAUSE .
740670
741- (II) IF THE COVERED INDIVI DUAL DOES NOT HAVE GOOD CAU SE
742-FOR THE DELAY IN COM PLETING THE CLAIM AP PLICATION, THE SECRETARY MAY
743-DELAY OR DENY BENEFI TS UNDER THIS TITLE .
671+ (2) COVERED EMPLOYEES WH O MAKE AN HOURLY WAG E THAT IS LESS 1
672+THAN $15 PER HOUR, UNLESS THE EMPLOYER OF T HE COVERED EMPLOYEE ELECTS 2
673+TO PAY ALL OF A PORT ION OF THE EMPLOYEE ’S REQUIRED CONTRIBUT ION. 3
744674
745- [(b)] (C) (1) Subject to paragraphs (2) and (3) of this subsection, a covered
746-individual may take the leave for which the individual is eligible for benefits under
747-subsection (a) of this section on an intermittent leave schedule.
675+ (G) (1) THE MARYLAND DEPARTMENT OF HEALTH SHALL REIMBURS E 4
676+EACH: 5
748677
749- (2) If leave is taken on an intermittent leave schedule, the covered
750-individual shall:
751- WES MOORE, Governor Ch. 259
678+ (I) COMMUNITY PROVIDER T HAT IS REQUIRED TO B E LICENSED 6
679+OR CERTIFIED UNDER TITLE 7 OF THE HEALTH – GENERAL ARTICLE FOR 100% OF 7
680+THE EMPLOYER CONTRIB UTION REQUIRED UNDER SUBSECTION (F) (E) OF THIS 8
681+SECTION FOR EMPLOYEE S WHO MANAGE OR PROV IDE SERVICES UNDER TITLE 7 OF 9
682+THE HEALTH – GENERAL ARTICLE; 10
752683
753-– 17 –
754- (i) make a reasonable effort to schedule the intermittent leave in a
755-manner that does not unduly disrupt the operations of the employer; and
684+ (II) COMMUNITY PROVIDER T HAT IS REQUIRED TO B E LICENSED 11
685+OR CERTIFIED UNDER TITLE 7.5 OF THE HEALTH – GENERAL ARTICLE FOR A 12
686+PERCENTAGE OF THE EM PLOYER CONTRIBUTION REQUIRED UNDER SUBSE CTION 13
687+(F) (E) OF THIS SECTION FOR EMPLOYEES WHO MANAGE OR PROVIDE SERVICES 14
688+UNDER TITLE 7.5 OF THE HEALTH – GENERAL ARTICLE THAT IS EQUAL TO THE 15
689+PERCENTAGE OF REVENU E THAT IS ATTRIBUTAB LE TO FEDERAL AND STATE 16
690+MEDICAID FUNDING AND ANY OTHER STATE FUNDING RECEIVE D BY THE 17
691+COMMUNITY PROVIDER F OR THE SERVICES DURI NG THE PERIOD COVERE D BY THE 18
692+REIMBURSEMENT ; OR 19
756693
757- (ii) provide the employer with reasonable and practicable prior
758-notice of the reason for which the intermittent leave is necessary.
694+ (III) PROVIDER, AS DEFINED IN § 16–201.4 OF THE HEALTH – 20
695+GENERAL ARTICLE, FOR A PERCENTAGE OF THE EMPLOYER CONTRIB UTION 21
696+REQUIRED UNDER SUBSE CTION (F) (E) OF THIS SECTION FOR EMPLOYEES WHO 22
697+MANAGE OR PROVIDE SE RVICES DESCRIBED IN § 16–201.4(A) OF THE HEALTH – 23
698+GENERAL ARTICLE THAT IS EQUAL TO THE PERCENTAGE OF REVENUE 24
699+ATTRIBUTABLE TO FEDE RAL AND STATE MEDICAID FUNDING AND ANY OTHER 25
700+STATE FUNDING RECEIVE D BY THE PROVIDER FO R THE SERVICES DURIN G THE 26
701+PERIOD COVERED BY TH E REIMBURSEMENT . 27
759702
760- (3) A covered employee may not take intermittent leave in an increment of
761-less than 4 hours.
703+ (2) THE MARYLAND DEPARTMENT OF HEALTH SHALL MAKE THE 28
704+REIMBURSEMENTS REQUI RED UNDER PARAGRAPH (1) OF THIS SUBSECTION A T 29
705+LEAST QUARTERLY . 30
762706
763- (4) If leave is taken on an intermittent leave schedule, an employer may
764-not reduce the total amount of leave to which the covered individual is entitled beyond the
765-amount of leave actually taken.
707+ (3) TO RECEIVE REIMBURSEM ENT UNDER PARAGRAPH (1) OF THIS 31
708+SUBSECTION, A PROVIDER SHALL PRO VIDE TO THE MARYLAND DEPARTMENT OF 32
709+HEALTH ANY INFORMATIO N NECESSARY TO CARRY OUT THIS SUBSECTION IN THE 33
710+FORM AND MANNER REQU IRED BY THE MARYLAND DEPARTMENT OF HEALTH. 34
766711
767-8.3–702.
712+8.3–701. 35
713+ 16 SENATE BILL 828
768714
769- (a) (1) Except as provided in paragraph (2) of this subsection, a covered
770-individual may not receive more than 12 weeks of benefits in an application year.
771715
772- (2) A covered individual may receive an additional 12 weeks of benefits if
773-the covered individual during the same application year:
716+ (a) (1) Subject to paragraph (2) of this subsection, beginning January 1, 2025 1
717+2026, a covered individual taking leave from employment may submit a claim for benefits 2
718+[to]: 3
774719
775- (i) 1. Received benefits because the covered individual was
776-eligible for benefits under § 8.3–701(a)(1)(i) of this subtitle; and
720+ (i) 1. TO care for a newborn child OF THE COVERED 4
721+INDIVIDUAL DURING TH E FIRST YEAR AFTER T HE CHILD’S BIRTH; or 5
777722
778- 2. becomes eligible for benefits under § 8.3–701(a)(1)(iii) of
779-this subtitle; or
723+ 2. BECAUSE a child [newly] IS BEING placed for adoption, 6
724+foster care, or kinship care with the covered individual [during the first year after the birth, 7
725+adoption,] or TO CARE FOR OR BOND WITH THE CHILD DURIN G THE FIRST YEAR AFT ER 8
726+THE placement; 9
780727
781- (ii) 1. Received benefits because the covered individual was
782-eligible for benefits under § 8.3–701(a)(1)(iii) of this subtitle; and
728+ (ii) TO care for a family member with a serious health condition; 10
783729
784- 2. becomes eligible for benefits under § 8.3–701(a)(1)(i) of
785-this subtitle.
730+ (iii) TO attend to a serious health condition that [results in] 11
731+PREVENTS the covered individual FROM being [unable] ABLE to perform [the] ONE OR 12
732+MORE functions of the covered individual’s position; 13
786733
787- [(b) If a covered individual takes leave for which the covered individual is receiving
788-benefits under this title, the leave shall run concurrently with eligible leave that may be
789-taken by the covered individual under the federal Family and Medical Leave Act.]
734+ (iv) TO care for a service member with a serious health condition 14
735+resulting from military service who is the covered individual’s next of kin; or 15
790736
791- (B) (C) THE DEPARTMENT MAY COUNT THE LEAVE AGAINST A COVERED
792-INDIVIDUAL TAKEN UNDER THE FEDE RAL FAMILY AND MEDICAL LEAVE ACT
793-AGAINST A COVERED IN DIVIDUAL’S MAXIMUM DURATION O F LEAVE FOR WHICH
794-BENEFITS ARE AVAILAB LE UNDER THIS TITLE IN AN APPLICATION YE AR FOR THE
795-SAME PURPOSE , IF:
737+ (v) TO attend to a qualifying exigency arising out of the deployment 16
738+of a service member who is a family member of the covered individual. 17
796739
797- (1) AN EMPLOYER DESIGNAT ES A PERIOD OF LEAVE AS COVERED BY
798-THE FEDERAL FAMILY AND MEDICAL LEAVE ACT FOR A COVERED IND IVIDUAL WHO
799-WOULD ALSO QUALIFY F OR BENEFITS UNDER § 8.3–302 OF THIS TITLE; Ch. 259 2023 LAWS OF MARYLAND
740+ (2) (i) Except as provided under subparagraph (ii) of this paragraph, if 18
741+the need to use leave is foreseeable, an employer may require a covered employee taking 19
742+leave under this title to provide the employer with written notice of the covered employee’s 20
743+intention to take leave at least 30 days before commencing the leave. 21
800744
801-– 18 –
745+ (ii) If the need to use leave is not foreseeable, the covered employee 22
746+shall: 23
802747
803- (2) THE EMPLOYER INFORMS THE COVERED IN DIVIDUAL OF THE
804-INDIVIDUAL’S ELIGIBILITY FOR BE NEFITS UNDER THIS TI TLE; AND
748+ 1. provide notice to the employer as soon as practicable; and 24
805749
806- (3) THE EMPLOYEE DECLINE S TO APPLY FOR BENEF ITS UNDER THIS
807-TITLE.
750+ 2. generally comply with the employer’s notice or procedural 25
751+requirements for requesting or reporting other leave, if those requirements do not interfere 26
752+with the covered employee’s ability to use leave for which benefits may be paid under this 27
753+title. 28
808754
809- (c) (D) (1) A covered individual [shall exhaust all employer–provided leave
810-that is not required to be provided under law before receiving benefits under this title] MAY
811-NOT BE REQUIRED TO U SE OR EXHAUST PAID V ACATION, PAID SICK LEAVE , OR
812-OTHER PAID TIME OFF UNDER AN EMPLOYER PO LICY BEFORE , OR WHILE,
813-RECEIVING BENEFITS U NDER THIS TITLE .
755+ (B) (1) SUBJECT TO PARAGRAP H (3) OF THIS SUBSECTION , AN 29
756+INDIVIDUAL MAY FILE AN APPLICATION FOR B ENEFITS WITHIN 60 DAYS BEFORE THE 30
757+ANTICIPATED START DA TE OF THE LEAVE FOR WHICH BENEFITS MAY B E PAID 31
758+UNDER THIS TITLE , BUT NOT LATER THAN 60 DAYS AFTER THE START DATE OF THE 32
759+LEAVE. 33
760+ SENATE BILL 828 17
814761
815- [(2) For the purposes of §§ 8.3–706 and 8.3–707 of this subtitle and §§
816-8.3–904 and 8.3–905 of this title, employer–provided leave that is being exhausted as
817-required under paragraph (1) of this subsection shall be treated the same as leave from
818-work for which benefits may be paid under this title.]
819762
820- (2) A COVERED INDIVIDUAL A ND AN EMPLOYER MAY A GREE TO USE
821-PAID VACATION , PAID SICK LEAVE , OR OTHER PAID TIME O FF WHILE A COVERED
822-INDIVIDUAL IS RECEIVING BENEFITS A VAILABLE UNDER THIS TITLE TO REPLACE
823-THE COVERED INDIVIDU AL’S WAGES UP TO 100% OF THE COVERED INDIV IDUAL’S
824-AVERAGE WEEKLY WAGE DURING THE PERIOD OF LEAVE FOR WHICH BENE FITS ARE
825-RECEIVED UNDER THIS TITLE.
763+ (2) TO BE CONSIDERED COMP LETE, AN APPLICATION SHALL CONTAIN 1
764+ALL INFORMATION REQU IRED BY THE DEPARTMENT . 2
826765
827- (3) NOTWITHSTANDING PARAG RAPH (1) OF THIS SUBSECTION , AN
828-EMPLOYER MAY REQUIRE THAT BENEFIT PAYMENT S UNDER THIS TITLE BE MADE
829-CONCURRENTLY , OR OTHERWISE COORDIN ATED WITH PAYMENTS M ADE OR LEAVE
830-THAT IS ALLOWED UNDE R THE TERMS OF A SEP ARATE EMPLOYER –PROVIDED LEAVE
831-POLICY DUE TO PARENT AL CARE, FAMILY CARE, OR MILITARY LEAVE OR UNDER A
832-DISABILITY POLICY .
766+ (3) (I) THE DEPARTMENT SHALL WAIV E THE FILING DEADLIN E 3
767+ESTABLISHED UNDER PA RAGRAPH (1) OF THIS SUBSECTION F OR GOOD CAUSE . 4
833768
834- [(3)] (4) This subsection may not be construed to reduce any weeks of
835-leave for which benefits may be paid under this title.
769+ (II) IF THE COVERED INDIVI DUAL DOES NOT HAVE G OOD CAUSE 5
770+FOR THE DELAY IN COM PLETING THE CLAIM AP PLICATION, THE SECRETARY MAY 6
771+DELAY OR DENY BENEFI TS UNDER THIS TITLE . 7
836772
837- (d) (E) (1) Except as provided in paragraph (2) of this subsection, an
838-individual receiving benefits under Title 8 of this article or wage replacement benefits
839-under Title 9 of this article is not eligible to receive benefits under this title.
773+ [(b)] (C) (1) Subject to paragraphs (2) and (3) of this subsection, a covered 8
774+individual may take the leave for which the individual is eligible for benefits under 9
775+subsection (a) of this section on an intermittent leave schedule. 10
840776
841- (2) An individual receiving compensation for a permanent partial disability
842-under Title 9 of this article may be eligible for benefits under this title.
777+ (2) If leave is taken on an intermittent leave schedule, the covered 11
778+individual shall: 12
843779
844-8.3–703.
845- WES MOORE, Governor Ch. 259
780+ (i) make a reasonable effort to schedule the intermittent leave in a 13
781+manner that does not unduly disrupt the operations of the employer; and 14
846782
847-– 19 –
848- (a) For the purposes of this section:
783+ (ii) provide the employer with reasonable and practicable prior 15
784+notice of the reason for which the intermittent leave is necessary. 16
849785
850- (1) the covered individual’s average weekly wage shall be calculated as the
851-total wages received by the covered individual over the last 680 hours for which the covered
852-individual was paid divided by the number of weeks worked; and
786+ (3) A covered employee may not take intermittent leave in an increment of 17
787+less than 4 hours. 18
853788
854- (2) the State average weekly wage shall be the wage calculated under §
855-9–603 of this article.
789+ (4) If leave is taken on an intermittent leave schedule, an employer may 19
790+not reduce the total amount of leave to which the covered individual is entitled beyond the 20
791+amount of leave actually taken. 21
856792
857- (b) (1) Subject to [paragraph] PARAGRAPHS (2) AND (3) of this subsection,
858-the weekly benefit amount payable to a covered individual under this title shall be:
793+8.3–702. 22
859794
860- (i) if the covered individual’s average weekly wage is 65% or less of
861-the State average weekly wage, 90% of the covered individual’s average weekly wage; OR
795+ (a) (1) Except as provided in paragraph (2) of this subsection, a covered 23
796+individual may not receive more than 12 weeks of benefits in an application year. 24
862797
863- (ii) if the covered individual’s average weekly wage is greater than
864-65% of the State average weekly wage, the sum of:
798+ (2) A covered individual may receive an additional 12 weeks of benefits if 25
799+the covered individual during the same application year: 26
865800
866- 1. 90% of the covered individual’s average weekly wage up to
867-65% of the State average weekly wage; and
801+ (i) 1. Received benefits because the covered individual was 27
802+eligible for benefits under § 8.3–701(a)(1)(i) of this subtitle; and 28
868803
869- 2. 50% of the covered individual’s average weekly wage that
870-is greater than 65% of the State average weekly wage[; or
804+ 2. becomes eligible for benefits under § 8.3–701(a)(1)(iii) of 29
805+this subtitle; or 30
871806
872- (iii) if the covered individual is taking partially paid leave, the lesser
873-of:
807+ (ii) 1. Received benefits because the covered individual was 31
808+eligible for benefits under § 8.3–701(a)(1)(iii) of this subtitle; and 32 18 SENATE BILL 828
874809
875- 1. the amount required to make up the difference between
876-the wages paid to the covered individual while the covered individual is taking partially
877-paid leave and the full wages normally paid to the covered individual; and
878810
879- 2. if the covered individual’s average weekly wage is greater
880-than 65% of the State average weekly wage, the sum of:
881811
882- A. 90% of the covered individual’s average weekly wage up to
883-65% of the State average weekly wage; and
812+ 2. becomes eligible for benefits under § 8.3–701(a)(1)(i) of 1
813+this subtitle. 2
884814
885- B. 50% of the covered individual’s average weekly wage that
886-is greater than 65% of the State average weekly wage].
815+ [(b) If a covered individual takes leave for which the covered individual is receiving 3
816+benefits under this title, the leave shall run concurrently with eligible leave that may be 4
817+taken by the covered individual under the federal Family and Medical Leave Act.] 5
887818
888- (2) THE BENEFIT PAID UNDE R THIS TITLE AND ANY ADDITIONAL PAID
889-LEAVE CANNOT TOTAL M ORE THAN 100% OF THE COVERED INDIV IDUAL’S AVERAGE
890-WEEKLY WAGE .
819+ (B) (C) THE DEPARTMENT MAY COUNT THE LEAVE AGAINST A COVERED 6
820+INDIVIDUAL TAKEN UNDER THE FEDE RAL FAMILY AND MEDICAL LEAVE ACT 7
821+AGAINST A COVERED IN DIVIDUAL’S MAXIMUM DURATION O F LEAVE FOR WHICH 8
822+BENEFITS ARE AVAILAB LE UNDER THIS TITLE IN AN APPLICATION YE AR FOR THE 9
823+SAME PURPOSE , IF: 10
891824
892- (3) The weekly benefit amount payable under paragraph (1) of this
893-subsection: Ch. 259 2023 LAWS OF MARYLAND
825+ (1) AN EMPLOYER DESIGNAT ES A PERIOD OF LEAVE AS COVERED BY 11
826+THE FEDERAL FAMILY AND MEDICAL LEAVE ACT FOR A COVERED IND IVIDUAL WHO 12
827+WOULD ALSO QUALIFY F OR BENEFITS UNDER § 8.3–302 OF THIS TITLE; 13
894828
895-– 20 –
829+ (2) THE EMPLOYER INFORMS THE COVERED INDIVIDU AL OF THE 14
830+INDIVIDUAL’S ELIGIBILITY FOR BE NEFITS UNDER THIS TI TLE; AND 15
896831
897- (i) shall be at least $50; and
832+ (3) THE EMPLOYEE DECLINE S TO APPLY FOR BENEF ITS UNDER THIS 16
833+TITLE. 17
898834
899- (ii) may not exceed:
835+ (c) (D) (1) A covered individual [shall exhaust all employer–provided leave 18
836+that is not required to be provided under law before receiving benefits under this title] MAY 19
837+NOT BE REQUIRED TO U SE OR EXHAUST PAID V ACATION, PAID SICK LEAVE , OR 20
838+OTHER PAID TIME OFF UNDER AN EMPLOYER PO LICY BEFORE , OR WHILE, 21
839+RECEIVING BENEFITS U NDER THIS TITLE. 22
900840
901- 1. for the 12–month period beginning January 1, 2025 2026,
902-$1,000; and
841+ [(2) For the purposes of §§ 8.3–706 and 8.3–707 of this subtitle and §§ 23
842+8.3–904 and 8.3–905 of this title, employer–provided leave that is being exhausted as 24
843+required under paragraph (1) of this subsection shall be treated the same as leave from 25
844+work for which benefits may be paid under this title.] 26
903845
904- 2. for the 12–month period beginning January 1, 2026 2027,
905-and each subsequent 12–month period, the amount determined and announced by the
906-Secretary under paragraph [(3)] (4) of this subsection.
846+ (2) A COVERED INDIVIDUAL A ND AN EMPLOYER MAY A GREE TO USE 27
847+PAID VACATION , PAID SICK LEAVE , OR OTHER PAID TIME O FF WHILE A COVERED 28
848+INDIVIDUAL IS RECEIVING BENEFITS A VAILABLE UNDER THIS TITLE TO REPLACE 29
849+THE COVERED INDIVIDU AL’S WAGES UP TO 100% OF THE COVERED INDIV IDUAL’S 30
850+AVERAGE WEEKLY WAGE DURING THE PERIOD OF LEAVE FOR WHICH BENE FITS ARE 31
851+RECEIVED UNDER THIS TITLE. 32
907852
908- [(3)] (4) (i) In this paragraph, “Consumer Price Index” means the
909-Consumer Price Index for All Urban Consumers for the
910-Washington–Arlington–Alexandria, DC–VA–MD–WV metropolitan area or a successor
911-index published by the federal Bureau of Labor Statistics.
853+ (3) NOTWITHSTANDING PARAG RAPH (1) OF THIS SUBSECTION , AN 33
854+EMPLOYER MAY REQUIRE THAT BENEFIT PAYMENT S UNDER THIS TITLE B E MADE 34 SENATE BILL 828 19
912855
913- (ii) Subject to subsection (e) of this section, for the 12–month period
914-beginning January 1, 2026 2027, and each subsequent 12–month period, the maximum
915-weekly benefit amount shall be increased by the amount, rounded to the nearest cent, that
916-equals the product of:
917856
918- 1. the maximum weekly benefit amount in effect for the
919-immediately preceding 12–month period; and
857+CONCURRENTLY , OR OTHERWISE COORDIN ATED WITH PAYMENTS M ADE OR LEAVE 1
858+THAT IS ALLOWED UNDE R THE TERMS OF A SEP ARATE EMPLOYER –PROVIDED LEAVE 2
859+POLICY DUE TO PARENT AL CARE, FAMILY CARE, OR MILITARY LEAVE OR UNDER A 3
860+DISABILITY POLICY . 4
920861
921- 2. the annual percentage growth in the Consumer Price
922-Index for the immediately preceding 12–month period, as determined by the Secretary
923-under subparagraph (iii)1 of this paragraph.
862+ [(3)] (4) This subsection may not be construed to reduce any weeks of 5
863+leave for which benefits may be paid under this title. 6
924864
925- (iii) Beginning September 1, 2025 2026, and on each subsequent
926-September 1, the Secretary shall determine and announce:
865+ (d) (E) (1) Except as provided in paragraph (2) of this subsection, an 7
866+individual receiving benefits under Title 8 of this article or wage replacement benefits 8
867+under Title 9 of this article is not eligible to receive benefits under this title. 9
927868
928- 1. the annual percentage growth, if any, in the Consumer
929-Price Index based on the most recent 12–month period for which data are available on
930-September 1; and
869+ (2) An individual receiving compensation for a permanent partial disability 10
870+under Title 9 of this article may be eligible for benefits under this title. 11
931871
932- 2. the maximum weekly benefit amount effective for the
933-12–month period beginning the immediately following January 1.
872+8.3–703. 12
934873
935- (c) (1) [An] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
936-SUBSECTION, AN increase in the weekly benefit amount under subsection [(b)(3)](B)(4) of
937-this section applies only to a claim for benefits [filed] THAT BEGINS after the date the
938-increase becomes effective.
939- WES MOORE, Governor Ch. 259
874+ (a) For the purposes of this section: 13
940875
941-– 21 –
942- (2) IF THE LEAVE FOR WHIC H BENEFITS ARE BEING PAID IS BEING
943-TAKEN INTERMITTENTLY , AN INCREASE IN THE W EEKLY BENEFIT AMOUNT SHALL
944-APPLY TO A CLAIM FOR BENEFITS AS SPECIFIE D IN REGULATIONS ADO PTED BY THE
945-DEPARTMENT .
876+ (1) the covered individual’s average weekly wage shall be calculated as the 14
877+total wages received by the covered individual over the last 680 hours for which the covered 15
878+individual was paid divided by the number of weeks worked; and 16
946879
947- (d) The Department shall:
880+ (2) the State average weekly wage shall be the wage calculated under § 17
881+9–603 of this article. 18
948882
949- (1) notify the employer of a covered individual within [5] 3 business days
950-after the covered individual files a [claim] COMPLETED APPLICATIO N for benefits under
951-this title;
883+ (b) (1) Subject to [paragraph] PARAGRAPHS (2) AND (3) of this subsection, 19
884+the weekly benefit amount payable to a covered individual under this title shall be: 20
952885
953- (2) NOTIFY THE COVERED I NDIVIDUAL WITHIN 3 5 BUSINESS DAYS
954-AFTER THE INDIVIDUAL FILES AN APPLICATION , IF THE APPLICATION I S
955-CONSIDERED TO BE INC OMPLETE UNDER § 8.3–701(B)(2) OF THIS SUBTITLE DUE TO
956-MISSING INFORMATION THAT IS NECESSARY TO COMPLETE THE CLAIM ;
886+ (i) if the covered individual’s average weekly wage is 65% or less of 21
887+the State average weekly wage, 90% of the covered individual’s average weekly wage; OR 22
957888
958- (3) approve or deny the claim and notify the covered individual and the
959-covered individual’s employer within 10 business days after the covered individual files the
960-[claim] COMPLETED APPLICATIO N;
889+ (ii) if the covered individual’s average weekly wage is greater than 23
890+65% of the State average weekly wage, the sum of: 24
961891
962- [(3)] (4) make the first payment of benefits to a covered individual within
963-5 business days after the [claim] COMPLETED APPLICATIO N is approved OR THE LEAVE
964-HAS STARTED, WHICHEVER IS LATER ; and
892+ 1. 90% of the covered individual’s average weekly wage up to 25
893+65% of the State average weekly wage; and 26
965894
966- [(4)] (5) make subsequent payments every 2 weeks until the benefit
967-period ends.
895+ 2. 50% of the covered individual’s average weekly wage that 27
896+is greater than 65% of the State average weekly wage[; or 28
968897
969- (e) (1) In this subsection, “Board” means the Board of Public Works.
898+ (iii) if the covered individual is taking partially paid leave, the lesser 29
899+of: 30
900+ 20 SENATE BILL 828
970901
971- (2) Subject to paragraph (4) of this subsection, on or before September 1
972-each year, beginning in 2025 2026, the Board shall determine whether the seasonally
973-adjusted total employment from the Current Employment Statistics series as reported by
974-the U.S. Bureau of Labor Statistics for the most recent 6–month period is negative as
975-compared with the immediately preceding 6–month period.
976902
977- (3) (i) Subject to paragraph (4) of this subsection, the Board may
978-temporarily suspend an increase in the maximum weekly benefit specified under subsection
979-[(b)(2)(ii)] (B)(3)(II) of this section if the Board determined under paragraph (2) of this
980-subsection that the seasonally adjusted total employment is negative.
903+ 1. the amount required to make up the difference between 1
904+the wages paid to the covered individual while the covered individual is taking partially 2
905+paid leave and the full wages normally paid to the covered individual; and 3
981906
982- (ii) If the seasonally adjusted total employment is negative, the
983-Board may consider the performance of State revenues in the immediately preceding 6
984-months, as reported by the Office of the Comptroller, in determining whether to temporarily
985-suspend an increase to the maximum weekly benefit specified under subsection [(b)(2)(ii)]
986-(B)(3)(II) of this section. Ch. 259 2023 LAWS OF MARYLAND
907+ 2. if the covered individual’s average weekly wage is greater 4
908+than 65% of the State average weekly wage, the sum of: 5
987909
988-– 22 –
910+ A. 90% of the covered individual’s average weekly wage up to 6
911+65% of the State average weekly wage; and 7
989912
990- (4) If the Board temporarily suspends an increase to the maximum weekly
991-benefit specified under subsection [(b)(2)(ii)2] (B)(3)(II)2 of this section:
913+ B. 50% of the covered individual’s average weekly wage that 8
914+is greater than 65% of the State average weekly wage]. 9
992915
993- (i) the maximum weekly benefit in effect for the period beginning
994-the following January 1 shall remain the same as the rate that was in effect for the
995-immediately preceding 12–month period; and
916+ (2) THE BENEFIT PAID UNDE R THIS TITLE AND ANY ADDITIONAL PAID 10
917+LEAVE CANNOT TOTAL M ORE THAN 100% OF THE COVERED INDIV IDUAL’S AVERAGE 11
918+WEEKLY WAGE . 12
996919
997- (ii) the Board shall notify the Secretary that the maximum weekly
998-benefit increase for the period beginning the following January 1 is suspended for 1 year.
920+ (3) The weekly benefit amount payable under paragraph (1) of this 13
921+subsection: 14
999922
1000- (f) The Department shall notify each employer of the increase to the maximum
1001-weekly benefit specified under subsection [(b)(2)(ii)] (B)(3)(II) of this section.
923+ (i) shall be at least $50; and 15
1002924
1003-8.3–705.
925+ (ii) may not exceed: 16
1004926
1005- (a) (1) An employer may satisfy the requirements of this title through a
1006-private employer plan consisting of employer–provided benefits, insurance THROUGH AN
1007-INSURER THAT HOLDS A CERTIFICATE OF AUTHO RITY ISSUED BY THE MARYLAND
1008-INSURANCE COMMISSIONER , or a combination of both if the private employer plan is
1009-offered to all of the employer’s eligible employees and meets or exceeds the rights,
1010-protections, and benefits provided to a covered employee under this title.
927+ 1. for the 12–month period beginning January 1, 2025 2026, 17
928+$1,000; and 18
1011929
1012- (2) (I) TO DETERMINE THE BENE FIT AMOUNT UNDER A P RIVATE
1013-EMPLOYER PLAN , THE WEEKLY BENEFIT A MOUNT SHALL BE BASED ON THE
1014-AVERAGE WEE KLY WAGE EARNED FROM THE EMPLOYER SPONSOR ING THE PRIVATE
1015-EMPLOYER PLAN .
930+ 2. for the 12–month period beginning January 1, 2026 2027, 19
931+and each subsequent 12–month period, the amount determined and announced by the 20
932+Secretary under paragraph [(3)] (4) of this subsection. 21
1016933
1017- (II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS
1018-PARAGRAPH , IF AN INDIVIDUAL HAS WORKED LESS THAN 680 HOURS FOR THE
1019-EMPLOYER SPONSORING THE PRIVATE EMPLOYER PLAN, THE WEEKLY BENEFIT
1020-AMOUNT SHALL BE BASED ON THE AVERAGE WEEKL Y WAGE UNDER § 8.3–703(A) OF
1021-THIS SUBTITLE.
934+ [(3)] (4) (i) In this paragraph, “Consumer Price Index” means the 22
935+Consumer Price Index for All Urban Consumers for the 23
936+Washington–Arlington–Alexandria, DC–VA–MD–WV metropolitan area or a successor 24
937+index published by the federal Bureau of Labor Statistics. 25
1022938
1023- (III) THIS SUBSECTION MAY N OT BE CONSTRUED TO P REVENT A
1024-PRIVATE EMPLOYER PLA N FROM PROVIDING A B ENEFIT THAT IS GREAT ER THAN
1025-THAT PROVIDED IN § 8.3–703(A) OF THIS SUBTITLE.
939+ (ii) Subject to subsection (e) of this section, for the 12–month period 26
940+beginning January 1, 2026 2027, and each subsequent 12–month period, the maximum 27
941+weekly benefit amount shall be increased by the amount, rounded to the nearest cent, that 28
942+equals the product of: 29
1026943
1027- (b) A private employer plan shall be filed with the Department for approval.
944+ 1. the maximum weekly benefit amount in effect for the 30
945+immediately preceding 12–month period; and 31
946+ SENATE BILL 828 21
1028947
1029- (c) An employer that provides covered employees with a private employer plan
1030-and an employee that is covered by a private employer plan are exempt from the
1031-contributions required under Subtitle 6 of this title.
1032- WES MOORE, Governor Ch. 259
1033948
1034-– 23 –
1035- (D) AN EMPLOYER THAT PROV IDES A PRIVATE EMPLO YER PLAN MAY NOT
1036-DEDUCT FROM AN EMPLO YEE MORE THAN THE MA XIMUM CONTRIBUTION A MOUNT
1037-SET BY THE DEPARTMENT .
949+ 2. the annual percentage growth in the Consumer Price 1
950+Index for the immediately preceding 12–month period, as determined by the Secretary 2
951+under subparagraph (iii)1 of this paragraph. 3
1038952
1039-8.3–801.
953+ (iii) Beginning September 1, 2025 2026, and on each subsequent 4
954+September 1, the Secretary shall determine and announce: 5
1040955
1041- (a) An employer shall provide written notice to each employee of the rights and
1042-duties of an employee under this title at the time of hire and annually thereafter.
956+ 1. the annual percentage growth, if any, in the Consumer 6
957+Price Index based on the most recent 12–month period for which data are available on 7
958+September 1; and 8
1043959
1044- (b) (1) When an employee requests leave under this title, or when an employer
1045-knows that an employee’s leave may be for a reason under § 8.3–302 of this title, the
1046-employer shall notify the employee of the employee’s eligibility to take leave for which
1047-benefits may be paid under this title within 5 business days.
960+ 2. the maximum weekly benefit amount effective for the 9
961+12–month period beginning the immediately following January 1. 10
1048962
1049- (2) The notice provided under paragraph (1) of this subsection shall
1050-include:
963+ (c) (1) [An] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 11
964+SUBSECTION, AN increase in the weekly benefit amount under subsection [(b)(3)](B)(4) of 12
965+this section applies only to a claim for benefits [filed] THAT BEGINS after the date the 13
966+increase becomes effective. 14
1051967
1052- (i) the right of [an eligible] A COVERED employee to receive
1053-Program benefits under this title;
968+ (2) IF THE LEAVE FOR WHIC H BENEFITS ARE BEING PAID IS BEING 15
969+TAKEN INTERMITTENTLY , AN INCREASE IN THE W EEKLY BENEFIT AMOUNT SHALL 16
970+APPLY TO A CLAIM FOR BENEFITS AS SPECIFIE D IN REGULATIONS ADO PTED BY THE 17
971+DEPARTMENT . 18
1054972
1055- (ii) the procedure for filing a claim for benefits;
973+ (d) The Department shall: 19
1056974
1057- (iii) [an eligible] A COVERED employee’s responsibilities with
1058-respect to providing notification prior to the commencement of leave and any penalties for
1059-failing to do so;
975+ (1) notify the employer of a covered individual within [5] 3 business days 20
976+after the covered individual files a [claim] COMPLETED APPLICATIO N for benefits under 21
977+this title; 22
1060978
1061- (iv) the right of an employee to file a complaint for alleged violations
1062-of this title;
979+ (2) NOTIFY THE COVERED I NDIVIDUAL WITHIN 3 5 BUSINESS DAYS 23
980+AFTER THE INDIVIDUAL FILES AN APPLICATION , IF THE APPLICATION I S 24
981+CONSIDERED TO BE INC OMPLETE UNDER § 8.3–701(B)(2) OF THIS SUBTITLE DUE TO 25
982+MISSING INFORMATION THAT IS NECESSARY TO COMPLETE THE CLAIM ; 26
1063983
1064- (v) the right of [an eligible] A COVERED employee to job protection;
1065-and
984+ (3) approve or deny the claim and notify the covered individual and the 27
985+covered individual’s employer within 10 business days after the covered individual files the 28
986+[claim] COMPLETED APPLICATIO N; 29
1066987
1067- (vi) a description of the prohibited acts, penalties, and complaint
1068-procedures under Subtitle 9 of this title.
988+ [(3)] (4) make the first payment of benefits to a covered individual within 30
989+5 business days after the [claim] COMPLETED APPLICATIO N is approved OR THE LEAVE 31
990+HAS STARTED, WHICHEVER IS LATER ; and 32
1069991
1070- (c) (1) The Department shall develop standard notices for an employer to use
1071-under this subtitle.
992+ [(4)] (5) make subsequent payments every 2 weeks until the benefit 33
993+period ends. 34 22 SENATE BILL 828
1072994
1073- (2) The notices required under this subtitle shall be provided in accordance
1074-with regulations adopted by the Secretary.
1075995
1076-8.3–906.
1077996
1078- (a) (1) (I) The Secretary shall establish a system for appeals by covered
1079-individuals [in the case of denial] REGARDING DETERMINAT IONS OF BENEFIT
1080-AMOUNTS, BENEFIT DURATIONS, AND DENIALS of benefits under this title. Ch. 259 2023 LAWS OF MARYLAND
997+ (e) (1) In this subsection, “Board” means the Board of Public Works. 1
1081998
1082-– 24 –
999+ (2) Subject to paragraph (4) of this subsection, on or before September 1 2
1000+each year, beginning in 2025 2026, the Board shall determine whether the seasonally 3
1001+adjusted total employment from the Current Employment Statistics series as reported by 4
1002+the U.S. Bureau of Labor Statistics for the most recent 6–month period is negative as 5
1003+compared with the immediately preceding 6–month period. 6
10831004
1084- (II) A COVERED INDIVIDUAL M UST FILE AN APPEAL U NDER
1085-SUBPARAGRAPH (I) OF THIS PARAGRAPH WI THIN 30 DAYS AFTER THE
1086-DETERMINATION IS MAD E OR BENEFITS ARE DE NIED, UNLESS GOOD CAUSE CA N BE
1087-SHOWN FOR THE DE LAY.
1005+ (3) (i) Subject to paragraph (4) of this subsection, the Board may 7
1006+temporarily suspend an increase in the maximum weekly benefit specified under subsection 8
1007+[(b)(2)(ii)] (B)(3)(II) of this section if the Board determined under paragraph (2) of this 9
1008+subsection that the seasonally adjusted total employment is negative. 10
10881009
1089- (2) The Secretary may use the procedures under § 8–806 of this article for
1090-the system required under paragraph (1) of this subsection.
1010+ (ii) If the seasonally adjusted total employment is negative, the 11
1011+Board may consider the performance of State revenues in the immediately preceding 6 12
1012+months, as reported by the Office of the Comptroller, in determining whether to temporarily 13
1013+suspend an increase to the maximum weekly benefit specified under subsection [(b)(2)(ii)] 14
1014+(B)(3)(II) of this section. 15
10911015
1092- (b) Judicial review of any decision with respect to benefits under this title shall
1093-be allowed in a court of competent jurisdiction after an aggrieved party has exhausted all
1094-administrative remedies established by the Secretary under this title.
1016+ (4) If the Board temporarily suspends an increase to the maximum weekly 16
1017+benefit specified under subsection [(b)(2)(ii)2] (B)(3)(II)2 of this section: 17
10951018
1096- (c) The Secretary shall implement procedures to ensure confidentiality of all
1097-information related to any claims filed or appeals taken to the maximum extent allowed by
1098-law.
1019+ (i) the maximum weekly benefit in effect for the period beginning 18
1020+the following January 1 shall remain the same as the rate that was in effect for the 19
1021+immediately preceding 12–month period; and 20
10991022
1100-Chapter 48 of the Acts of 2022
1023+ (ii) the Board shall notify the Secretary that the maximum weekly 21
1024+benefit increase for the period beginning the following January 1 is suspended for 1 year. 22
11011025
1102- [SECTION 3. AND BE IT FURTHER ENACTED, That:
1026+ (f) The Department shall notify each employer of the increase to the maximum 23
1027+weekly benefit specified under subsection [(b)(2)(ii)] (B)(3)(II) of this section. 24
11031028
1104- (a) On or before June 1, 2023, the Secretary of Labor shall set the total rate of
1105-contribution and percentage of the total rate of contribution to be paid by employees of
1106-employers and employers with 15 or more employees under § 8–601(a) of the Labor and
1107-Employment Article, as enacted by Section 1 of this Act, effective October 1, 2023.
1029+8.3–705. 25
11081030
1109- (b) The rate and percentages set under subsection (a) of this section shall be:
1031+ (a) (1) An employer may satisfy the requirements of this title through a 26
1032+private employer plan consisting of employer–provided benefits, insurance THROUGH AN 27
1033+INSURER THAT HOLDS A CERTIFICATE OF AUTHO RITY ISSUED BY THE MARYLAND 28
1034+INSURANCE COMMISSIONER , or a combination of both if the private employer plan is 29
1035+offered to all of the employer’s eligible employees and meets or exceeds the rights, 30
1036+protections, and benefits provided to a covered employee under this title. 31
11101037
1111- (1) based on the study required under Section 11(2) of this Act; and
1038+ (2) (I) TO DETERMINE THE BENEFIT AMOUNT UNDER A PRIVA TE 32
1039+EMPLOYER PLAN , THE WEEKLY BENEFIT A MOUNT SHALL BE BASED ON THE 33
1040+AVERAGE WEEKLY WAGE EARNED FROM THE EMPL OYER SPONSORING THE PRIVATE 34
1041+EMPLOYER PLAN . 35 SENATE BILL 828 23
11121042
1113- (2) in effect from October 1, 2023, through December 31, 2025, both
1114-inclusive.]
11151043
1116- [SECTION 10. AND BE IT FURTHER ENACTED, That, on or before June 1, 2023,
1117-the Secretary of Labor shall adopt regulations as required under § 8.3–403 of the Labor and
1118-Employment Article, as enacted by Section 1 of this Act.]
11191044
1120- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
1121-as follows:
1045+ (II) NOTWITHSTANDING SUBPA RAGRAPH (I) OF THIS 1
1046+PARAGRAPH , IF AN INDIVIDUAL HAS WORKE D LESS THAN 680 HOURS FOR THE 2
1047+EMPLOYER SPONSORING THE PRIVATE EMPLOYER PLAN, THE WEEKLY BENEFIT 3
1048+AMOUNT SHALL BE BASE D ON THE AVERAGE WEE KLY WAGE UNDER § 8.3–703(A) OF 4
1049+THIS SUBTITLE. 5
11221050
1123-Article – Labor and Employment
1051+ (III) THIS SUBSECTION MAY N OT BE CONSTRUED TO PREVENT A 6
1052+PRIVATE EMPLOYER PLA N FROM PROVIDING A B ENEFIT THAT IS GREAT ER THAN 7
1053+THAT PROVIDED IN § 8.3–703(A) OF THIS SUBTITLE. 8
11241054
1125-8.3–601.
1126- WES MOORE, Governor Ch. 259
1055+ (b) A private employer plan shall be filed with the Department for approval. 9
11271056
1128-– 25 –
1129- (h) The State shall pay the contribution required under subsection (f) of this
1130-section for[:
1057+ (c) An employer that provides covered employees with a private employer plan 10
1058+and an employee that is covered by a private employer plan are exempt from the 11
1059+contributions required under Subtitle 6 of this title. 12
11311060
1132- (1)] employers that are community providers that are community–based
1133-agencies or programs funded by the Behavioral Health Administration, the Developmental
1134-Disabilities Administration, or the Medical Care Programs Administration that serve
1135-individuals with mental disorders, substance use disorders, or a combination of those
1136-disorders or developmental disabilities[; and
1061+ (D) AN EMPLOYER THAT PROV IDES A PRIVATE EMPLO YER PLAN MAY NOT 13
1062+DEDUCT FROM AN EMPLO YEE MORE T HAN THE MAXIMUM CONT RIBUTION AMOUNT 14
1063+SET BY THE DEPARTMENT . 15
11371064
1138- (2) covered employees who make an hourly wage that is less than $15 per
1139-hour, unless the employer of the covered employee elects to pay all or a portion of the
1140-employee’s required contribution].
1065+8.3–801. 16
11411066
1142- SECTION 2. AND BE IT FURTHER ENACTED, That, on or before January 1, 2024,
1143-the Secretary of Labor shall adopt regulations as required under § 8.3–403 of the Labor and
1144-Employment Article.
1067+ (a) An employer shall provide written notice to each employee of the rights and 17
1068+duties of an employee under this title at the time of hire and annually thereafter. 18
11451069
1146- SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
1147-effect July 1, 2026.
1070+ (b) (1) When an employee requests leave under this title, or when an employer 19
1071+knows that an employee’s leave may be for a reason under § 8.3–302 of this title, the 20
1072+employer shall notify the employee of the employee’s eligibility to take leave for which 21
1073+benefits may be paid under this title within 5 business days. 22
11481074
1149- SECTION 4 3. AND BE IT FURTHER ENACTED, That , except as provided in
1150-Section 3 of this Act, this Act shall take effect June 1, 2023.
1075+ (2) The notice provided under paragraph (1) of this subsection shall 23
1076+include: 24
11511077
1152-Approved by the Governor, May 3, 2023.
1078+ (i) the right of [an eligible] A COVERED employee to receive 25
1079+Program benefits under this title; 26
1080+
1081+ (ii) the procedure for filing a claim for benefits; 27
1082+
1083+ (iii) [an eligible] A COVERED employee’s responsibilities with 28
1084+respect to providing notification prior to the commencement of leave and any penalties for 29
1085+failing to do so; 30
1086+
1087+ (iv) the right of an employee to file a complaint for alleged violations 31
1088+of this title; 32
1089+ 24 SENATE BILL 828
1090+
1091+
1092+ (v) the right of [an eligible] A COVERED employee to job protection; 1
1093+and 2
1094+
1095+ (vi) a description of the prohibited acts, penalties, and complaint 3
1096+procedures under Subtitle 9 of this title. 4
1097+
1098+ (c) (1) The Department shall develop standard notices for an employer to use 5
1099+under this subtitle. 6
1100+
1101+ (2) The notices required under this subtitle shall be provided in accordance 7
1102+with regulations adopted by the Secretary. 8
1103+
1104+8.3–906. 9
1105+
1106+ (a) (1) (I) The Secretary shall establish a system for appeals by covered 10
1107+individuals [in the case of denial] REGARDING DETERMINAT IONS OF BENEFIT 11
1108+AMOUNTS, BENEFIT DURATIONS , AND DENIALS of benefits under this title. 12
1109+
1110+ (II) A COVERED INDIVIDUAL M UST FILE AN APPEAL U NDER 13
1111+SUBPARAGRAPH (I) OF THIS PARAGRAPH WITHIN 30 DAYS AFTER THE 14
1112+DETERMINATION IS MAD E OR BENEFITS ARE DE NIED, UNLESS GOOD CAUSE CA N BE 15
1113+SHOWN FOR THE DELAY . 16
1114+
1115+ (2) The Secretary may use the procedures under § 8–806 of this article for 17
1116+the system required under paragraph (1) of this subsection. 18
1117+
1118+ (b) Judicial review of any decision with respect to benefits under this title shall 19
1119+be allowed in a court of competent jurisdiction after an aggrieved party has exhausted all 20
1120+administrative remedies established by the Secretary under this title. 21
1121+
1122+ (c) The Secretary shall implement procedures to ensure confidentiality of all 22
1123+information related to any claims filed or appeals taken to the maximum extent allowed by 23
1124+law. 24
1125+
1126+Chapter 48 of the Acts of 2022 25
1127+
1128+ [SECTION 3. AND BE IT FURTHER ENACTED, That: 26
1129+
1130+ (a) On or before June 1, 2023, the Secretary of Labor shall set the total rate of 27
1131+contribution and percentage of the total rate of contribution to be paid by employees of 28
1132+employers and employers with 15 or more employees under § 8–601(a) of the Labor and 29
1133+Employment Article, as enacted by Section 1 of this Act, effective October 1, 2023. 30
1134+
1135+ (b) The rate and percentages set under subsection (a) of this section shall be: 31
1136+
1137+ (1) based on the study required under Section 11(2) of this Act; and 32 SENATE BILL 828 25
1138+
1139+
1140+
1141+ (2) in effect from October 1, 2023, through December 31, 2025, both 1
1142+inclusive.] 2
1143+
1144+ [SECTION 10. AND BE IT FURTHER ENACTED, That, on or before June 1, 2023, 3
1145+the Secretary of Labor shall adopt regulations as required under § 8.3–403 of the Labor and 4
1146+Employment Article, as enacted by Section 1 of this Act.] 5
1147+
1148+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 6
1149+as follows: 7
1150+
1151+Article – Labor and Employment 8
1152+
1153+8.3–601. 9
1154+
1155+ (h) The State shall pay the contribution required under subsection (f) of this 10
1156+section for[: 11
1157+
1158+ (1)] employers that are community providers that are community–based 12
1159+agencies or programs funded by the Behavioral Health Administration, the Developmental 13
1160+Disabilities Administration, or the Medical Care Programs Administration that serve 14
1161+individuals with mental disorders, substance use disorders, or a combination of those 15
1162+disorders or developmental disabilities[; and 16
1163+
1164+ (2) covered employees who make an hourly wage that is less than $15 per 17
1165+hour, unless the employer of the covered employee elects to pay all or a portion of the 18
1166+employee’s required contribution]. 19
1167+
1168+ SECTION 2. AND BE IT FURTHER ENACTED, That, on or before January 1, 2024, 20
1169+the Secretary of Labor shall adopt regulations as required under § 8.3–403 of the Labor and 21
1170+Employment Article. 22
1171+
1172+ SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 23
1173+effect July 1, 2026. 24
1174+
1175+ SECTION 4 3. AND BE IT FURTHER ENACTED, That , except as provided in 25
1176+Section 3 of this Act, this Act shall take effect June 1, 2023. 26
1177+
1178+
1179+