EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1340*
HOUSE BILL 1340
K3 5lr3035
CF SB 785
By: Delegates Rose, Buckel, Griffith, and McComas
Introduced and read first time: February 7, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Labor and Employment – Unpaid Parental Leave – Definition of Employer 2
FOR the purpose of altering the definition of “employer” to exclude employers who are 3
covered by the federal Family and Medical Leave Act for the current year from being 4
required to provide to employees a certain unpaid parental leave benefit in the State; 5
and generally relating to unpaid parental leave. 6
BY repealing and reenacting, without amendments, 7
Article – Labor and Employment 8
Section 3–1201(a) and (b) 9
Annotated Code of Maryland 10
(2016 Replacement Volume and 2024 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Labor and Employment 13
Section 3–1201(c) 14
Annotated Code of Maryland 15
(2016 Replacement Volume and 2024 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Labor and Employment 19
3–1201. 20
(a) In this subtitle the following words have the meanings indicated. 21
(b) (1) “Eligible employee” means an individual who has requested that an 22
employer provide parental leave and who, as of the date that the requested parental leave 23
begins, will have been employed by that employer for at least: 24 2 HOUSE BILL 1340
(i) a 12–month period; and 1
(ii) 1,250 hours during the previous 12 months. 2
(2) “Eligible employee” does not include an individual: 3
(i) who is employed at a work site at which the employer employs 4
fewer than 15 employees if the total number of employees employed by that employer 5
within 75 miles of the work site is also fewer than 15; or 6
(ii) who is an independent contractor. 7
(c) (1) “Employer” means a person who: 8
(I) employs at least 15 but not more than 49 individuals in the State 9
for each working day during each of 20 or more calendar workweeks in the current or 10
preceding calendar year; AND 11
(II) IS NOT COVERED UNDER THE FEDERAL FAMILY AND 12
MEDICAL LEAVE ACT FOR THE CURRENT C ALENDAR YEAR . 13
(2) “Employer” includes: 14
(i) a person who acts, directly or indirectly, in the interest of an 15
employer with respect to an employee of the employer; and 16
(ii) a successor in interest of an employer. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2025. 19