EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *hb1503* HOUSE BILL 1503 P4 5lr0459 By: Chair, Appropriations Committee (By Request – Departmental – Budget and Management) Introduced and read first time: February 14, 2025 Assigned to: Rules and Executive Nominations Re–referred to: Appropriations, February 27, 2025 Committee Report: Favorable with amendments House action: Adopted Read second time: March 6, 2025 CHAPTER ______ AN ACT concerning 1 State Personnel – Paid Family and Medical Leave 2 FOR the purpose of requiring the Secretary of Budget and Management to adopt 3 regulations governing certain paid family and medical leave benefits for Executive 4 Branch employees; establishing certain parameters for the paid family and medical 5 leave; authorizing Executive Branch employees to submit a request for paid family 6 and medical leave beginning on a certain date; repealing certain provisions of law 7 regarding parental leave with pay for Executive Branch employees; and generally 8 relating to paid family and medical leave benefits for Executive Branch employees. 9 BY adding to 10 Article – State Personnel and Pensions 11 Section 9–1001 through 9–1005 12 Annotated Code of Maryland 13 (2024 Replacement Volume and 2024 Supplement) 14 BY repealing and reenacting, with amendments, 15 Article – State Personnel and Pensions 16 Section 9–1001 17 Annotated Code of Maryland 18 (2024 Replacement Volume and 2024 Supplement) 19 BY repealing 20 2 HOUSE BILL 1503 Article – State Personnel and Pensions 1 Section 9–1108 2 Annotated Code of Maryland 3 (2024 Replacement Volume and 2024 Supplement) 4 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5 That the Laws of Maryland read as follows: 6 Article – State Personnel and Pensions 7 9–1001. 8 (A) IN THIS SUBT ITLE THE FOLLOWING W ORDS HAVE THE MEANIN GS 9 INDICATED. 10 (B) “APPLICATION YEAR ” MEANS THE 12–MONTH PERIOD BEGINNI NG ON 11 THE SUNDAY OF THE CALENDA R WEEK FOR WHICH PAID FAMIL Y AND MEDICAL 12 LEAVE IS APPROVED IN WHICH LEAVE UNDER THIS SUBTITLE BEGINS . 13 (C) “DEPLOYMENT” MEANS A SERVICE MEMB ER ACTING UNDER OFFI CIAL 14 ORDERS WHO , ON ANY DAY, IS PERFORMING SERVIC E IN A TRAINING EXER CISE OR 15 OPERATION AT A LOCAT ION OR UNDER CIRCUMS TANCES THAT MAKE IT IMPOSSIBLE 16 OR INFEASIBLE FOR TH E SERVICE MEMBER TO SPEND OFF–DUTY TIME IN THE 17 HOUSING IN WHICH THE SERVICE MEMBER RESID ES WHEN ON GARRISON DUTY AT 18 THE SERVICE MEMBER ’S PERMANENT DUTY STA TION OR HOME PORT . 19 (D) “FAMILY MEMBER ” MEANS: 20 (1) A BIOLOGICAL CHILD , AN ADOPTED CHILD , A FOSTER CHILD, OR A 21 STEPCHILD OF THE EMP LOYEE; 22 (2) A CHILD FOR WHOM THE EMPLOYEE HAS LEGAL O R PHYSICAL 23 CUSTODY OR GUARDIANS HIP; 24 (3) A CHILD FOR WHOM THE EMPLOYEE STANDS IN L OCO PARENTIS , 25 REGARDLESS OF THE CH ILD’S AGE; 26 (4) A BIOLOGICAL PARENT , AN ADOPTIVE PARENT , A FOSTER PARENT , 27 OR A STEPPARENT OF THE EM PLOYEE OR OF THE EMP LOYEE’S SPOUSE; 28 (5) THE LEGAL GUARDIAN O F THE EMPLOYEE OR TH E WARD OF THE 29 EMPLOYEE OR OF THE E MPLOYEE’S SPOUSE; 30 HOUSE BILL 1503 3 (6) AN INDIVIDUAL WHO AC TED AS A PARENT OR S TOOD IN LOCO 1 PARENTIS TO THE EMPL OYEE OR THE EMPLOYEE ’S SPOUSE WHEN THE EM PLOYEE 2 OR THE EMPLOYEE ’S SPOUSE WAS A MINOR ; 3 (7) THE SPOUSE OF THE EM PLOYEE; 4 (8) A DOMESTIC PARTNER O F THE EMPLOYEE ; 5 (9) A BIOLOGICAL GRANDPA RENT, AN ADOPTIVE GRANDPAR ENT, A 6 FOSTER GRANDPARENT , OR A STEPGRANDPARENT OF THE EMPLO YEE; 7 (10) A BIOLOGICAL GRANDCH ILD, AN ADOPTED GRANDCHIL D, A 8 FOSTER GRANDCHILD , OR A STEPGRANDCHILD OF THE EMPLOYEE ; OR 9 (11) A BIOLOGICAL SIBLING , AN ADOPTED SIBLING , A FOSTER SIBLING, 10 OR A STEPSIBLING OF THE EMPLOYEE . 11 (E) “PAID FAMILY AND MEDIC AL LEAVE” MEANS LEAVE FROM WOR K TAKEN 12 UNDER § 9–1004(A)(1) OF THIS SUBTITLE THA T IS PAID AT THE EMP LOYEE’S 13 REGULAR RATE OF PAY . 14 (F) “QUALIFYING EXIGENCY ” MEANS ANY OF THE FOL LOWING REASONS 15 FOR WHICH LEAVE MAY BE NEEDED BY A FAMIL Y MEMBER OF A SERVIC E MEMBER: 16 (1) THE SERVICE MEMBER H AS RECEIVED NOTICE O F DEPLOYMENT 17 WITHIN 7 DAYS BEFORE THE DEPL OYMENT IS TO BEGIN ; 18 (2) TO ATTEND MILITARY E VENTS AND RELATED AC TIVITIES 19 INCLUDING FAMILY SUP PORT PROGRAMS RELATE D TO THE ACTIVE DUTY OF THE 20 SERVICE MEMBER ; 21 (3) TO ARRANGE , PROVIDE, OR ATTEND CHILD CARE OR SCHOOL 22 ACTIVITIES ONLY WHEN THE SERVICE MEMBER I S ON ACTIVE DUTY CAL L OR ACTIVE 23 DUTY STATUS; 24 (4) TO MAKE FINANCIAL AN D LEGAL ARRANGEMENTS FOR THE 25 SERVICE MEMBER ’S ABSENCE OR BECAUSE OF THE ABSENCE ; 26 (5) TO ATTEND COUNSELING TH AT: 27 (I) IS NEEDED DUE TO THE ACTIVE DUTY OR CALL TO ACTIVE 28 DUTY STATUS OF THE S ERVICE MEMBER ; AND 29 4 HOUSE BILL 1503 (II) IS PROVIDED BY AN IN DIVIDUAL WHO IS NOT A LICENSED 1 HEALTH CARE PROVIDER ; 2 (6) TO SPEND UP TO 15 CALENDAR DAYS WITH A SERVICE MEMBER 3 WHO IS ON SHORT –TERM TEMPORARY REST AND RECUPERATION LEA VE DURING 4 THE PERIOD OF DEPLOY MENT; 5 (7) TO ATTEND POSTDEPLOY MENT ACTIVITIES INCL UDING 6 REINTEGRATION SERVIC ES FOR A PERIOD OF 90 DAYS IMMEDIATELY FOL LOWING 7 THE TERMINATION OF A CTIVE STATUS; 8 (8) TO ATTEND TO MATTERS RELATED TO THE DEATH OF THE 9 SERVICE MEMBER WHILE ON ACTIVE DUTY STATU S; 10 (9) TO ARRANGE FOR OR PR OVIDE ALTERNATIVE CA RE FOR A PARENT 11 OF THE SERVICE MEMBE R WHEN THE PARENT IS INCAPABLE OF SELF –CARE AND THE 12 COVERED ACTIVE DUTY OR CALL TO ACTI VE DUTY NECESSITATES A CHANGE; OR 13 (10) ANY OTHER ISSUES THA T ARISE OUT OF ACTIV E DUTY OR A CALL 14 TO ACTIVE DUTY THAT AN APPOINTING AUTHOR ITY AND EMPLOYEE AGR EE SHOULD 15 BE COVERED. 16 (G) (1) “SERIOUS HEALTH CONDIT ION” MEANS AN ILLNESS , AN INJURY, 17 AN IMPAIRMENT , OR A PHYSICAL OR MEN TAL CONDITION THAT I NVOLVES: 18 (I) INPATIENT CARE IN A HOSPITAL, HOSPICE, OR RESIDENTIAL 19 HEALTH CARE FACILITY ; 20 (II) CONTINUED TREATMENT BY A LICENSED HEALTH CARE 21 PROVIDER; OR 22 (III) CONTINUED TREATMEN T OR SUPERVISION AT HOME BY A 23 LICENSED HEALTH CARE PROVIDER OR OTHER CO MPETENT INDIVIDUAL U NDER 24 THE SUPERVISION OF A LICENSED HEALTH CARE PROVIDER. 25 (2) “SERIOUS HEALTH CONDIT ION” INCLUDES AN ILLNESS , AN 26 INJURY, AN IMPAIRMENT , OR A PHYSICAL OR MEN TAL CONDITION DESCRIBED IN 27 PARAGRAPH (1) OF THIS SUBSECTION T HAT CONTINUES OVER A N EXTENDED 28 PERIOD OF TIME AND R EQUIRES INTERMITTENT TREATMENT . 29 (H) “SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS AN ACTIVE DUT Y OR 30 FORMER MEMBER OF : 31 (1) THE UNITED STATES ARMED FORCES; 32 HOUSE BILL 1503 5 (2) A RESERVE COMPONENT OF THE UNITED STATES ARMED FORCES ; 1 OR 2 (3) THE NATIONAL GUARD OF ANY STATE . 3 (I) “TREATMENT” INCLUDES: 4 (1) EXAMINATIONS OR TEST ING TO DETERMINE THE EXTENT TO 5 WHICH A SERIOUS HEAL TH CONDITION EXISTS OR PERSISTS; 6 (2) ONGOING OR PERIODIC EVALUATIONS OF THE S ERIOUS HEALTH 7 CONDITION; AND 8 (3) ACTUAL TREATMENT BY A HEALTH CARE PROVID ER. 9 9–1002. 10 THIS SUBTITLE APPLIES TO ALL EMPLOYEES , INCLUDING TEMPORARY 11 EMPLOYEES, OF ALL UNITS IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT 12 ONLY, INCLUDING ANY UNIT W ITH AN INDEPENDENT P ERSONNEL SYSTEM . 13 9–1003. 14 (A) THE SECRETARY SHALL ADOPT REGULATIONS GOVERNIN G PAID 15 FAMILY AND MEDICAL L EAVE BENEFITS UNDER THIS SUBTITLE , INCLUDING 16 REGULATIONS THAT EST ABLISH CONDITIONS AN D PROCEDU RES FOR REQUESTING 17 AND APPROVING PAID F AMILY AND MEDICAL LE AVE TO THE EXTENT TH AT THE 18 REGULATIONS DO NOT C ONFLICT WITH THIS SU BTITLE. 19 (B) THE SECRETARY MAY DELEGAT E TO AN EMPLOYEE OF THE 20 DEPARTMENT OR AN APPO INTING AUTHORITY ANY POWER OR DUTY THAT I S 21 REASONABLE AND PROPER F OR THE ADMINISTRATIO N OF THIS TITLE. 22 (C) IF AN EMPLOYEE TAKES LEAVE FROM WORK UNDE R THIS SUBTITLE, THE 23 APPOINTING AUTHORITY , ON THE EXPIRATION OF THE LEAVE, SHALL RESTORE THE 24 EMPLOYEE TO THE SAME OR AN EQUIVALENT POS ITION OF EMPLOYMEN T. 25 (D) THE DEPARTMENT SHALL FILE QUARTERLY INFORMATIO NAL WAGE 26 AND HOUR REPORTS WIT H THE MARYLAND DEPARTMENT OF LABOR THAT PROVIDE 27 THE AMOUNT OF WAGES AND HOURS WORKED FOR EACH EMPLOYEE FOR EA CH WEEK 28 IN THE IMMEDIATELY P RECEDING CALENDAR QU ARTER. 29 9–1004. 30 6 HOUSE BILL 1503 (A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , BEGINNING 1 JULY 1, 2026, AN EMPLOYEE MAY SUBM IT A REQUEST TO THE DEPARTMENT 2 EMPLOYEE’S APPOINTING AUTHORI TY FOR PAID FAMILY AND MEDICAL LEAVE : 3 (I) 1. TO CARE FOR A NEWBOR N CHILD OF THE EMPLO YEE 4 DURING THE FIRST YEAR A FTER THE CHILD ’S BIRTH; OR 5 2. BECAUSE A CHILD IS B EING PLACED FOR ADOP TION, 6 FOSTER CARE , OR KINSHIP CARE WITH THE EMPLOYEE OR TO C ARE FOR OR BOND 7 WITH THE CHILD DURIN G THE FIRST YEAR AFT ER THE PLACEMENT ; 8 (II) TO CARE FOR A FAMILY MEMBER WITH A SERIOUS HEALTH 9 CONDITION; 10 (III) TO ATTEND TO A SERIO US HEALTH CONDITION THAT 11 RESULTS IN THE EMPLO YEE BEING UNABLE TO PERFORM THE FUNCTION S OF THE 12 EMPLOYEE’S POSITION; 13 (IV) TO CARE FOR A SERVIC E MEMBER WITH A SERI OUS HEALTH 14 CONDITION RESULTING FROM MILITARY SERVICE FOR WHOM THE EMPLOYEE IS 15 NEXT OF KIN; OR 16 (V) TO ATTEND TO A QUALI FYING EXIGENCY ARISI NG OUT OF 17 THE DEPLOYMENT OF A SERVICE MEMBER WHO I S A FAMILY MEMBER OF THE 18 EMPLOYEE. 19 (2) (I) EXCEPT AS PROVIDED UN DER SUBPARAG RAPH (II) OF THIS 20 PARAGRAPH , IF THE NEED TO USE L EAVE IS FORESEEABLE , AN APPOINTING 21 AUTHORITY MAY REQUIR E AN EMPLOYEE TAKING LEAVE UNDER THIS SUB TITLE TO 22 PROVIDE THE APPOINTI NG AUTHORITY WITH WR ITTEN NOTICE OF THE EMPLOYEE’S 23 INTENTION TO TAKE LE AVE AT LEAST 30 DAYS BEFORE COMMENCI NG THE LEAVE. 24 (II) IF THE NEED TO USE LE AVE IS NOT FORESEEAB LE, THE 25 EMPLOYEE SHALL : 26 1. PROVIDE NOTICE TO TH E APPOINTING AUTHORI TY AS 27 SOON AS PRACTICABLE ; AND 28 2. GENERALLY COMPLY WIT H THE APPOINTING 29 AUTHORITY’S NOTICE OR PROCEDURAL REQUIR EMENTS FOR REQUESTIN G OR 30 REPORTING OTHER LEAV E IF THOSE REQUIREME NTS DO NOT INTERFERE WITH THE 31 EMPLOYEE’S ABILITY TO USE LEA VE UNDER THIS SUBTIT LE. 32 HOUSE BILL 1503 7 (B) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , AN 1 INDIVIDUAL MAY FILE AN APPLICATION FOR LEAV E WITHIN 60 DAYS BEFORE THE 2 ANTICIPATED START DA TE OF THE LEAVE BUT NOT LATER THAN 60 DAYS AFTER THE 3 START DATE OF THE LE AVE. 4 (2) TO BE CONSIDERED COMP LETE, AN APPLICATION SHALL CONTAIN 5 ALL INFORMATION REQU IRED BY THE DEPARTMENT . 6 (3) (I) THE DEPARTMENT EMPLOYEE’S APPOINTING AUTHORI TY 7 SHALL WAIVE THE FILI NG DEADLINE ESTABLIS HED UNDER PARAGRAPH (1) OF THIS 8 SUBSECTION FOR GOOD CAUSE. 9 (II) IF THE EMPLOYEE DOES NOT HAVE GOOD CAUSE FOR THE 10 DELAY IN COMPLETING THE APPLICATION , THE SECRETARY EMPLOYEE’S 11 APPOINTING AUTHORITY MAY DENY LEAVE UNDER THIS SUBTITLE. 12 (C) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , AN 13 EMPLOYEE MAY TAKE TH E LEAVE FOR WHICH TH E INDIVIDUAL IS ELIG IBLE UNDER 14 SUBSECTION (A) OF THIS SECTION ON A N INTERMITTENT LEAVE S CHEDULE. 15 (2) IF LEAVE IS TAKEN ON AN INTERMITTENT LEAV E SCHEDULE, THE 16 EMPLOYEE SHALL : 17 (I) MAKE A REASONABLE EF FORT TO SCHEDULE THE 18 INTERMITTENT LEAVE I N A MANNER THAT DOES NOT UNDULY DISRUPT 19 OPERATIONS; AND 20 (II) PROVIDE THE A PPOINTING AUTHORITY WITH REASONABLE 21 AND PRACTICABLE PRIO R NOTICE OF THE REAS ON FOR WHICH THE INT ERMITTENT 22 LEAVE IS NECESSARY . 23 (3) AN EMPLOYEE MAY NOT T AKE INTERMITTENT LEA VE IN AN 24 INCREMENT OF LESS TH AN 4 HOURS. 25 (4) IF LEAVE IS TAKEN ON AN INTERMITTE NT LEAVE SCHEDULE , AN 26 APPOINTING AUTHORITY MAY NOT REDUCE THE T OTAL AMOUNT OF LEAVE TO 27 WHICH THE EMPLOYEE I S ENTITLED BEYOND TH E AMOUNT OF LEAVE AC TUALLY 28 TAKEN. 29 (D) AN EMPLOYEE MAY APPEA L A DENIAL OF LEAVE IN ACCORDANCE WITH 30 THE APPEAL PROCEDURE S ESTABLISHED BY THE SECRETARY OF LABOR FOR THE 31 FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. 32 9–1005. 33 8 HOUSE BILL 1503 (A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 1 AN EMPLOYEE MAY NOT RECEIVE MORE THAN 12 WEEKS OF LEAVE IN AN 2 APPLICATION YEAR . 3 (2) AN EMPLOYE E MAY RECEIVE AN ADD ITIONAL 12 WEEKS OF LEAVE 4 IF THE EMPLOYEE DURI NG THE SAME APPLICAT ION YEAR: 5 (I) 1. RECEIVED LEAVE BECAU SE THE EMPLOYEE WAS 6 ELIGIBLE FOR LEAVE U NDER § 9–1004(A)(1)(I) OF THIS SUBTITLE; AND 7 2. BECOMES ELIGIBLE FOR LEAVE UNDER § 8 9–1004(A)(1)(III) OF THIS SUBTITLE; OR 9 (II) 1. RECEIVED LEAVE BECAU SE THE EMPLOYEE WAS 10 ELIGIBLE FOR LEAVE U NDER § 9–1004(A)(1)(III) OF THIS SUBTITLE; AND 11 2. BECOMES ELIGIBLE FOR LEAVE UNDER § 12 9–1004(A)(1)(I) OF THIS SUBTITLE. 13 (B) IF AN EMPLOYEE TAKES LEAVE UNDER TH IS SUBTITLE, THE LEAVE 14 SHALL RUN CONCURRENT LY WITH ELIGIBLE LEA VE THAT MAY BE TAKEN BY THE 15 EMPLOYEE UNDER THE F EDERAL FAMILY AND MEDICAL LEAVE ACT. 16 (C) THE DEPARTMENT EMPLOYEE’S APPOINTING AUTHORI TY MAY COUNT 17 THE LEAVE TAKEN UNDE R THE FEDERAL FAMILY AND MEDICAL LEAVE ACT 18 AGAINST AN EMPLOYEE ’S MAXIMUM DURATION O F LEAVE AVAILABLE UN DER THIS 19 SUBTITLE IN AN APPLI CATION YEAR FOR THE SAME PURPOSE , IF: 20 (1) THE DEPARTMENT EMPLOYEE’S APPOINTING AUTHORI TY 21 DESIGNATES A PERIOD OF LEAVE AS COVE RED BY THE FEDERAL FAMILY AND 22 MEDICAL LEAVE ACT FOR AN EMPLOYEE W HO WOULD ALSO QUALIF Y FOR LEAVE 23 UNDER § 9–1004(A)(1) OF THIS SUBTITLE; 24 (2) THE DEPARTMENT EMPLOYEE’S APPOINTING AUTHORI TY 25 NOTIFIES THE EMPLOYE E OF THE EMPLOYEE ’S ELIGIBILITY FOR LE AVE UNDER THIS 26 SUBTITLE; AND 27 (3) THE EMPLOYEE DECLINE S TO APPLY FOR LEAVE UNDER THIS 28 SUBTITLE. 29 (D) AN EMPLOYEE MAY NOT B E REQUIRED TO USE OR EXHAUST PAID 30 VACATION, PAID SICK LEAVE , OR OTHER PAID TIME O FF PROVIDED TO THE 31 EMPLOYEE BEFORE , OR WHILE, TAKING LEAVE UNDER THIS TITLE . 32 HOUSE BILL 1503 9 [9–1001.] 9–1006. 1 (a) Subject to subsection (b) of this section, the Secretary shall adopt regulations, 2 guidelines, or policies implementing the federal Family and Medical Leave Act of 1993. 3 (b) The regulations adopted by the Secretary: 4 (1) may require an eligible employee to use other available accrued leave 5 concurrently with family and medical leave; and 6 (2) may not limit, to less than 24 weeks, the aggregate number of weeks of 7 family and medical leave that two employees who are married to one another may use 8 during a 12–month period for: 9 (i) the birth of the employees’ child; 10 (ii) the placement of a child with the employees for adoption or foster 11 care; 12 (iii) the serious health condition of the employees’ child, if the child 13 is a minor; or 14 (iv) the care of the employees’ adult child, if the adult child is 15 incapable of self–care. 16 [9–1108. 17 (a) This section applies to all employees in the executive branch of State 18 government. 19 (b) On request, an employee subject to this section may be entitled to parental 20 leave with pay. 21 (c) (1) Subject to paragraph (2) of this subsection, an employee who is the 22 primary caregiver responsible for the care and nurturing of a child may use up to 60 days 23 of parental leave to care for the child during the period immediately following: 24 (i) the birth of the employee’s child; or 25 (ii) the placement of the child under 6 years of age with the employee 26 for adoption. 27 (2) (i) An employee entitled to parental leave authorized under 28 paragraph (1) of this subsection may use accrued annual leave and personal leave available 29 to the employee. 30 10 HOUSE BILL 1503 (ii) If the amount of leave specified under subparagraph (i) of this 1 paragraph is less than 60 days, the State agency that employs the employee shall provide 2 the employee with additional paid leave to attain 60 days of parental leave. 3 (d) An employee may use parental leave only after obtaining approval from the 4 employee’s appointing authority. 5 (e) (1) An employee who uses parental leave following the birth of the 6 employee’s child may not receive payment under this section unless the employee gives the 7 employee’s immediate supervisor information required by guidelines issued by the 8 Secretary on the federal Family and Medical Leave Act of 1993. 9 (2) An employee who uses parental leave for adoption purposes may not 10 receive payment under this subtitle unless the employee gives the employee’s immediate 11 supervisor the certificate required by guidelines issued by the Secretary on the federal 12 Family and Medical Leave Act of 1993. 13 (f) The Secretary shall adopt regulations governing parental leave, including 14 regulations that establish conditions and procedures for requesting and approving parental 15 leave.] 16 SECTION 2. AND BE IT FUR THER ENACTED, That this Act shall take effect 17 October 1, 2025 July 1, 2026. 18 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.