| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | 5 | Underlining indicates amendments to bill. | |
| 6 | 6 | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | 7 | amendment. | |
| 8 | - | Italics indicate opposite chamber/conference committee amendments. | |
| 9 | 8 | *hb1503* | |
| 10 | 9 | ||
| 11 | 10 | HOUSE BILL 1503 | |
| 12 | - | P4 (5lr0459) | |
| 13 | - | ENROLLED BILL | |
| 14 | - | — Appropriations/Finance — | |
| 15 | - | Introduced by Chair, Appropriations Committee (By Request – Departmental – | |
| 16 | - | Budget and Management) | |
| 11 | + | P4 5lr0459 | |
| 17 | 12 | ||
| 18 | - | Read and Examined by Proofreaders: | |
| 19 | - | ||
| 20 | - | _______________________________________________ | |
| 21 | - | Proofreader. | |
| 22 | - | _______________________________________________ | |
| 23 | - | Proofreader. | |
| 24 | - | ||
| 25 | - | Sealed with the Great Seal and presented to the Governor, for his approval this | |
| 26 | - | ||
| 27 | - | _______ day of _______________ at ________________________ o’clock, ________M. | |
| 28 | - | ||
| 29 | - | ______________________________________________ | |
| 30 | - | Speaker. | |
| 13 | + | By: Chair, Appropriations Committee (By Request – Departmental – Budget and | |
| 14 | + | Management) | |
| 15 | + | Introduced and read first time: February 14, 2025 | |
| 16 | + | Assigned to: Rules and Executive Nominations | |
| 17 | + | Re–referred to: Appropriations, February 27, 2025 | |
| 18 | + | Committee Report: Favorable with amendments | |
| 19 | + | House action: Adopted | |
| 20 | + | Read second time: March 6, 2025 | |
| 31 | 21 | ||
| 32 | 22 | CHAPTER ______ | |
| 33 | 23 | ||
| 34 | 24 | AN ACT concerning 1 | |
| 35 | 25 | ||
| 36 | 26 | State Personnel – Paid Family and Medical Leave 2 | |
| 37 | 27 | ||
| 38 | - | FOR the purpose of requiring the Secretary of Budget and Management and the governing 3 | |
| 39 | - | body of a public institution of higher education to adopt regulations governing certain 4 | |
| 40 | - | paid family and medical leave benefits for Executive Branch employees; establishing 5 | |
| 41 | - | certain parameters for the paid family and medical leave; authorizing Executive 6 | |
| 42 | - | Branch employees to submit a request for paid family and medical leave beginning 7 | |
| 43 | - | on a certain date; repealing certain provisions of law regarding parental leave with 8 | |
| 44 | - | pay for Executive Branch employees; and generally relating to paid family and 9 | |
| 45 | - | medical leave benefits for Executive Branch employees. 10 | |
| 28 | + | FOR the purpose of requiring the Secretary of Budget and Management to adopt 3 | |
| 29 | + | regulations governing certain paid family and medical leave benefits for Executive 4 | |
| 30 | + | Branch employees; establishing certain parameters for the paid family and medical 5 | |
| 31 | + | leave; authorizing Executive Branch employees to submit a request for paid family 6 | |
| 32 | + | and medical leave beginning on a certain date; repealing certain provisions of law 7 | |
| 33 | + | regarding parental leave with pay for Executive Branch employees; and generally 8 | |
| 34 | + | relating to paid family and medical leave benefits for Executive Branch employees. 9 | |
| 46 | 35 | ||
| 47 | - | BY adding to 11 | |
| 48 | - | Article – State Personnel and Pensions 12 | |
| 49 | - | Section 9–1001 through 9–1005 13 2 HOUSE BILL 1503 | |
| 36 | + | BY adding to 10 | |
| 37 | + | Article – State Personnel and Pensions 11 | |
| 38 | + | Section 9–1001 through 9–1005 12 | |
| 39 | + | Annotated Code of Maryland 13 | |
| 40 | + | (2024 Replacement Volume and 2024 Supplement) 14 | |
| 41 | + | ||
| 42 | + | BY repealing and reenacting, with amendments, 15 | |
| 43 | + | Article – State Personnel and Pensions 16 | |
| 44 | + | Section 9–1001 17 | |
| 45 | + | Annotated Code of Maryland 18 | |
| 46 | + | (2024 Replacement Volume and 2024 Supplement) 19 | |
| 47 | + | ||
| 48 | + | BY repealing 20 2 HOUSE BILL 1503 | |
| 50 | 49 | ||
| 51 | 50 | ||
| 52 | - | Annotated Code of Maryland 1 | |
| 53 | - | (2024 Replacement Volume and 2024 Supplement) 2 | |
| 51 | + | Article – State Personnel and Pensions 1 | |
| 52 | + | Section 9–1108 2 | |
| 53 | + | Annotated Code of Maryland 3 | |
| 54 | + | (2024 Replacement Volume and 2024 Supplement) 4 | |
| 54 | 55 | ||
| 55 | - | BY repealing and reenacting, with amendments, 3 | |
| 56 | - | Article – State Personnel and Pensions 4 | |
| 57 | - | Section 9–1001 5 | |
| 58 | - | Annotated Code of Maryland 6 | |
| 59 | - | (2024 Replacement Volume and 2024 Supplement) 7 | |
| 56 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5 | |
| 57 | + | That the Laws of Maryland read as follows: 6 | |
| 60 | 58 | ||
| 61 | - | BY repealing 8 | |
| 62 | - | Article – State Personnel and Pensions 9 | |
| 63 | - | Section 9–1108 10 | |
| 64 | - | Annotated Code of Maryland 11 | |
| 65 | - | (2024 Replacement Volume and 2024 Supplement) 12 | |
| 59 | + | Article – State Personnel and Pensions 7 | |
| 66 | 60 | ||
| 67 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 | |
| 68 | - | That the Laws of Maryland read as follows: 14 | |
| 61 | + | 9–1001. 8 | |
| 69 | 62 | ||
| 70 | - | Article – State Personnel and Pensions 15 | |
| 63 | + | (A) IN THIS SUBT ITLE THE FOLLOWING W ORDS HAVE THE MEANIN GS 9 | |
| 64 | + | INDICATED. 10 | |
| 71 | 65 | ||
| 72 | - | 9–1001. 16 | |
| 66 | + | (B) “APPLICATION YEAR ” MEANS THE 12–MONTH PERIOD BEGINNI NG ON 11 | |
| 67 | + | THE SUNDAY OF THE CALENDA R WEEK FOR WHICH PAID FAMIL Y AND MEDICAL 12 | |
| 68 | + | LEAVE IS APPROVED IN WHICH LEAVE UNDER THIS SUBTITLE BEGINS . 13 | |
| 73 | 69 | ||
| 74 | - | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 17 | |
| 75 | - | INDICATED. 18 | |
| 70 | + | (C) “DEPLOYMENT” MEANS A SERVICE MEMB ER ACTING UNDER OFFI CIAL 14 | |
| 71 | + | ORDERS WHO , ON ANY DAY, IS PERFORMING SERVIC E IN A TRAINING EXER CISE OR 15 | |
| 72 | + | OPERATION AT A LOCAT ION OR UNDER CIRCUMS TANCES THAT MAKE IT IMPOSSIBLE 16 | |
| 73 | + | OR INFEASIBLE FOR TH E SERVICE MEMBER TO SPEND OFF–DUTY TIME IN THE 17 | |
| 74 | + | HOUSING IN WHICH THE SERVICE MEMBER RESID ES WHEN ON GARRISON DUTY AT 18 | |
| 75 | + | THE SERVICE MEMBER ’S PERMANENT DUTY STA TION OR HOME PORT . 19 | |
| 76 | 76 | ||
| 77 | - | (B) “APPLICATION YEAR ” MEANS THE 12–MONTH PERIOD BEGINNI NG ON 19 | |
| 78 | - | THE SUNDAY OF THE CALENDA R WEEK FOR WHICH PAID FAMIL Y AND MEDICAL 20 | |
| 79 | - | LEAVE IS APPROVED IN WHICH LEAVE UNDER THIS SUBTITLE BEGINS . 21 | |
| 77 | + | (D) “FAMILY MEMBER ” MEANS: 20 | |
| 80 | 78 | ||
| 81 | - | (C) “DEPLOYMENT ” MEANS A SERVICE MEMB ER ACTING UNDER OFFI CIAL 22 | |
| 82 | - | ORDERS WHO, ON ANY DAY, IS PERFORMING SERVIC E IN A TRAINING EXER CISE OR 23 | |
| 83 | - | OPERATION AT A LOCAT ION OR UNDER CIRCUMS TANCES THAT MAKE IT IMPOSSIBLE 24 | |
| 84 | - | OR INFEASIBLE FOR TH E SERVICE MEMBER TO SPEND OFF–DUTY TIME IN THE 25 | |
| 85 | - | HOUSING IN WHICH THE SERVICE MEMBER RESID ES WHEN ON G ARRISON DUTY AT 26 | |
| 86 | - | THE SERVICE MEMBER ’S PERMANENT DUTY STA TION OR HOME PORT . 27 | |
| 79 | + | (1) A BIOLOGICAL CHILD , AN ADOPTED CHILD , A FOSTER CHILD, OR A 21 | |
| 80 | + | STEPCHILD OF THE EMP LOYEE; 22 | |
| 87 | 81 | ||
| 88 | - | (D) “FAMILY MEMBER ” MEANS: 28 | |
| 82 | + | (2) A CHILD FOR WHOM THE EMPLOYEE HAS LEGAL O R PHYSICAL 23 | |
| 83 | + | CUSTODY OR GUARDIANS HIP; 24 | |
| 89 | 84 | ||
| 90 | - | ( | |
| 91 | - | ||
| 85 | + | (3) A CHILD FOR WHOM THE EMPLOYEE STANDS IN L OCO PARENTIS , 25 | |
| 86 | + | REGARDLESS OF THE CH ILD’S AGE; 26 | |
| 92 | 87 | ||
| 93 | - | (2) A CHILD FOR WHOM THE EMPLOYEE HAS LEGAL O R PHYSICAL 31 | |
| 94 | - | CUSTODY OR GUARDIANSH IP; 32 | |
| 88 | + | (4) A BIOLOGICAL PARENT , AN ADOPTIVE PARENT , A FOSTER PARENT , 27 | |
| 89 | + | OR A STEPPARENT OF THE EM PLOYEE OR OF THE EMP LOYEE’S SPOUSE; 28 | |
| 90 | + | ||
| 91 | + | (5) THE LEGAL GUARDIAN O F THE EMPLOYEE OR TH E WARD OF THE 29 | |
| 92 | + | EMPLOYEE OR OF THE E MPLOYEE’S SPOUSE; 30 | |
| 95 | 93 | HOUSE BILL 1503 3 | |
| 96 | 94 | ||
| 97 | 95 | ||
| 98 | - | (3) A CHILD FOR WHOM THE EMPLOYEE STANDS IN L OCO PARENTIS , 1 | |
| 99 | - | REGARDLESS OF THE CH ILD’S AGE; 2 | |
| 96 | + | (6) AN INDIVIDUAL WHO AC TED AS A PARENT OR S TOOD IN LOCO 1 | |
| 97 | + | PARENTIS TO THE EMPL OYEE OR THE EMPLOYEE ’S SPOUSE WHEN THE EM PLOYEE 2 | |
| 98 | + | OR THE EMPLOYEE ’S SPOUSE WAS A MINOR ; 3 | |
| 100 | 99 | ||
| 101 | - | (4) A BIOLOGICAL PARENT , AN ADOPTIVE PARENT , A FOSTER PARENT , 3 | |
| 102 | - | OR A STEPPARENT OF T HE EMPLOYEE OR OF TH E EMPLOYEE’S SPOUSE; 4 | |
| 100 | + | (7) THE SPOUSE OF THE EM PLOYEE; 4 | |
| 103 | 101 | ||
| 104 | - | (5) THE LEGAL GUARDIAN OF TH E EMPLOYEE OR THE WA RD OF THE 5 | |
| 105 | - | EMPLOYEE OR OF THE E MPLOYEE’S SPOUSE; 6 | |
| 102 | + | (8) A DOMESTIC PARTNER O F THE EMPLOYEE ; 5 | |
| 106 | 103 | ||
| 107 | - | (6) AN INDIVIDUAL WHO AC TED AS A PARENT OR S TOOD IN LOCO 7 | |
| 108 | - | PARENTIS TO THE EMPL OYEE OR THE EMPLOYEE ’S SPOUSE WHEN THE EM PLOYEE 8 | |
| 109 | - | OR THE EMPLOYEE ’S SPOUSE WAS A MINOR ; 9 | |
| 104 | + | (9) A BIOLOGICAL GRANDPA RENT, AN ADOPTIVE GRANDPAR ENT, A 6 | |
| 105 | + | FOSTER GRANDPARENT , OR A STEPGRANDPARENT OF THE EMPLO YEE; 7 | |
| 110 | 106 | ||
| 111 | - | (7) THE SPOUSE OF THE EM PLOYEE; 10 | |
| 107 | + | (10) A BIOLOGICAL GRANDCH ILD, AN ADOPTED GRANDCHIL D, A 8 | |
| 108 | + | FOSTER GRANDCHILD , OR A STEPGRANDCHILD OF THE EMPLOYEE ; OR 9 | |
| 112 | 109 | ||
| 113 | - | (8) A DOMESTIC PARTNER O F THE EMPLOYEE ; 11 | |
| 110 | + | (11) A BIOLOGICAL SIBLING , AN ADOPTED SIBLING , A FOSTER SIBLING, 10 | |
| 111 | + | OR A STEPSIBLING OF THE EMPLOYEE . 11 | |
| 114 | 112 | ||
| 115 | - | (9) A BIOLOGICAL GRANDPA RENT, AN ADOPTIVE GRANDPAR ENT, A 12 | |
| 116 | - | FOSTER GRANDPARENT , OR A STEPGRANDPARENT OF THE EMPLOYEE ; 13 | |
| 113 | + | (E) “PAID FAMILY AND MEDIC AL LEAVE” MEANS LEAVE FROM WOR K TAKEN 12 | |
| 114 | + | UNDER § 9–1004(A)(1) OF THIS SUBTITLE THA T IS PAID AT THE EMP LOYEE’S 13 | |
| 115 | + | REGULAR RATE OF PAY . 14 | |
| 117 | 116 | ||
| 118 | - | ( | |
| 119 | - | ||
| 117 | + | (F) “QUALIFYING EXIGENCY ” MEANS ANY OF THE FOL LOWING REASONS 15 | |
| 118 | + | FOR WHICH LEAVE MAY BE NEEDED BY A FAMIL Y MEMBER OF A SERVIC E MEMBER: 16 | |
| 120 | 119 | ||
| 121 | - | ( | |
| 122 | - | ||
| 120 | + | (1) THE SERVICE MEMBER H AS RECEIVED NOTICE O F DEPLOYMENT 17 | |
| 121 | + | WITHIN 7 DAYS BEFORE THE DEPL OYMENT IS TO BEGIN ; 18 | |
| 123 | 122 | ||
| 124 | - | ( | |
| 125 | - | ||
| 126 | - | ||
| 123 | + | (2) TO ATTEND MILITARY E VENTS AND RELATED AC TIVITIES 19 | |
| 124 | + | INCLUDING FAMILY SUP PORT PROGRAMS RELATE D TO THE ACTIVE DUTY OF THE 20 | |
| 125 | + | SERVICE MEMBER ; 21 | |
| 127 | 126 | ||
| 128 | - | (F) “QUALIFYING EXIGENCY ” MEANS ANY OF THE FOL LOWING REASONS 21 | |
| 129 | - | FOR WHICH LEAVE MAY BE NEEDED BY A FAMIL Y MEMBER OF A SERVIC E MEMBER: 22 | |
| 127 | + | (3) TO ARRANGE , PROVIDE, OR ATTEND CHILD CARE OR SCHOOL 22 | |
| 128 | + | ACTIVITIES ONLY WHEN THE SERVICE MEMBER I S ON ACTIVE DUTY CAL L OR ACTIVE 23 | |
| 129 | + | DUTY STATUS; 24 | |
| 130 | 130 | ||
| 131 | - | ( | |
| 132 | - | ||
| 131 | + | (4) TO MAKE FINANCIAL AN D LEGAL ARRANGEMENTS FOR THE 25 | |
| 132 | + | SERVICE MEMBER ’S ABSENCE OR BECAUSE OF THE ABSENCE ; 26 | |
| 133 | 133 | ||
| 134 | - | (2) TO ATTEND MILITARY E VENTS AND RELATED AC TIVITIES 25 | |
| 135 | - | INCLUDING FAMILY SUP PORT PROGRAMS RELATE D TO THE ACTIVE DUTY OF THE 26 | |
| 136 | - | SERVICE MEMBER ; 27 | |
| 134 | + | (5) TO ATTEND COUNSELING TH AT: 27 | |
| 137 | 135 | ||
| 138 | - | (3) TO ARRANGE , PROVIDE, OR ATTEND CHILD CARE OR SCHOOL 28 | |
| 139 | - | ACTIVITIES ONL Y WHEN THE SERVICE M EMBER IS ON ACTIVE D UTY CALL OR ACTIVE 29 | |
| 140 | - | DUTY STATUS; 30 | |
| 136 | + | (I) IS NEEDED DUE TO THE ACTIVE DUTY OR CALL TO ACTIVE 28 | |
| 137 | + | DUTY STATUS OF THE S ERVICE MEMBER ; AND 29 | |
| 141 | 138 | 4 HOUSE BILL 1503 | |
| 142 | 139 | ||
| 143 | 140 | ||
| 144 | - | ( | |
| 145 | - | ||
| 141 | + | (II) IS PROVIDED BY AN IN DIVIDUAL WHO IS NOT A LICENSED 1 | |
| 142 | + | HEALTH CARE PROVIDER ; 2 | |
| 146 | 143 | ||
| 147 | - | (5) TO ATTEND COUNSELING THAT: 3 | |
| 144 | + | (6) TO SPEND UP TO 15 CALENDAR DAYS WITH A SERVICE MEMBER 3 | |
| 145 | + | WHO IS ON SHORT –TERM TEMPORARY REST AND RECUPERATION LEA VE DURING 4 | |
| 146 | + | THE PERIOD OF DEPLOY MENT; 5 | |
| 148 | 147 | ||
| 149 | - | (I) IS NEEDED DUE TO THE ACTIVE DUTY OR CALL TO ACTIVE 4 | |
| 150 | - | DUTY STATUS OF THE S ERVICE MEMBER ; AND 5 | |
| 148 | + | (7) TO ATTEND POSTDEPLOY MENT ACTIVITIES INCL UDING 6 | |
| 149 | + | REINTEGRATION SERVIC ES FOR A PERIOD OF 90 DAYS IMMEDIATELY FOL LOWING 7 | |
| 150 | + | THE TERMINATION OF A CTIVE STATUS; 8 | |
| 151 | 151 | ||
| 152 | - | ( | |
| 153 | - | ||
| 152 | + | (8) TO ATTEND TO MATTERS RELATED TO THE DEATH OF THE 9 | |
| 153 | + | SERVICE MEMBER WHILE ON ACTIVE DUTY STATU S; 10 | |
| 154 | 154 | ||
| 155 | - | ( | |
| 156 | - | ||
| 157 | - | ||
| 155 | + | (9) TO ARRANGE FOR OR PR OVIDE ALTERNATIVE CA RE FOR A PARENT 11 | |
| 156 | + | OF THE SERVICE MEMBE R WHEN THE PARENT IS INCAPABLE OF SELF –CARE AND THE 12 | |
| 157 | + | COVERED ACTIVE DUTY OR CALL TO ACTI VE DUTY NECESSITATES A CHANGE; OR 13 | |
| 158 | 158 | ||
| 159 | - | ( | |
| 160 | - | ||
| 161 | - | ||
| 159 | + | (10) ANY OTHER ISSUES THA T ARISE OUT OF ACTIV E DUTY OR A CALL 14 | |
| 160 | + | TO ACTIVE DUTY THAT AN APPOINTING AUTHOR ITY AND EMPLOYEE AGR EE SHOULD 15 | |
| 161 | + | BE COVERED. 16 | |
| 162 | 162 | ||
| 163 | - | ( | |
| 164 | - | ||
| 163 | + | (G) (1) “SERIOUS HEALTH CONDIT ION” MEANS AN ILLNESS , AN INJURY, 17 | |
| 164 | + | AN IMPAIRMENT , OR A PHYSICAL OR MEN TAL CONDITION THAT I NVOLVES: 18 | |
| 165 | 165 | ||
| 166 | - | (9) TO ARRANGE FOR OR PR OVIDE ALTERNATIVE CA RE FOR A PARENT 16 | |
| 167 | - | OF THE SERVICE MEMBE R WHEN THE PARENT IS INCAPABLE OF SELF –CARE AND THE 17 | |
| 168 | - | COVERED ACTIVE DUTY OR CALL TO ACTIVE DU TY NECESSITATES A CH ANGE; OR 18 | |
| 166 | + | (I) INPATIENT CARE IN A HOSPITAL, HOSPICE, OR RESIDENTIAL 19 | |
| 167 | + | HEALTH CARE FACILITY ; 20 | |
| 169 | 168 | ||
| 170 | - | (10) ANY OTHER ISSUES THAT ARISE OUT OF ACTIVE DUTY O R A CALL 19 | |
| 171 | - | TO ACTIVE DUTY THAT AN APPOINTING AUTHOR ITY AND EMPLOYEE AGR EE SHOULD 20 | |
| 172 | - | BE COVERED. 21 | |
| 169 | + | (II) CONTINUED TREATMENT BY A LICENSED HEALTH CARE 21 | |
| 170 | + | PROVIDER; OR 22 | |
| 173 | 171 | ||
| 174 | - | (G) (1) “SERIOUS HEALTH CONDIT ION” MEANS AN ILLNESS , AN INJURY, 22 | |
| 175 | - | AN IMPAIRMENT , OR A PHYSICAL OR MEN TAL CONDITION THAT I NVOLVES: 23 | |
| 172 | + | (III) CONTINUED TREATMEN T OR SUPERVISION AT HOME BY A 23 | |
| 173 | + | LICENSED HEALTH CARE PROVIDER OR OTHER CO MPETENT INDIVIDUAL U NDER 24 | |
| 174 | + | THE SUPERVISION OF A LICENSED HEALTH CARE PROVIDER. 25 | |
| 176 | 175 | ||
| 177 | - | (I) INPATIENT CARE IN A HOSPITAL, HOSPICE, OR RESIDENTIAL 24 | |
| 178 | - | HEALTH CARE FACILITY ; 25 | |
| 176 | + | (2) “SERIOUS HEALTH CONDIT ION” INCLUDES AN ILLNESS , AN 26 | |
| 177 | + | INJURY, AN IMPAIRMENT , OR A PHYSICAL OR MEN TAL CONDITION DESCRIBED IN 27 | |
| 178 | + | PARAGRAPH (1) OF THIS SUBSECTION T HAT CONTINUES OVER A N EXTENDED 28 | |
| 179 | + | PERIOD OF TIME AND R EQUIRES INTERMITTENT TREATMENT . 29 | |
| 179 | 180 | ||
| 180 | - | ( | |
| 181 | - | ||
| 181 | + | (H) “SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS AN ACTIVE DUT Y OR 30 | |
| 182 | + | FORMER MEMBER OF : 31 | |
| 182 | 183 | ||
| 183 | - | (III) CONTINUED TREATMENT OR SUPERVISION AT HO ME BY A 28 | |
| 184 | - | LICENSED HEALTH CARE PROVIDER OR OTHER CO MPETENT INDIVIDUAL U NDER 29 | |
| 185 | - | THE SUPERVISION OF A LICENSED HEALTH CARE PROVIDER. 30 | |
| 186 | - | HOUSE BILL 1503 5 | |
| 187 | - | ||
| 188 | - | ||
| 189 | - | (2) “SERIOUS HEALTH CONDIT ION” INCLUDES AN ILLNESS , AN 1 | |
| 190 | - | INJURY, AN IMPAIRMENT , OR A PHYSICAL OR MEN TAL CONDITION DESCRI BED IN 2 | |
| 191 | - | PARAGRAPH (1) OF THIS SUBSECTION T HAT CONTINUES OVE R AN EXTENDED 3 | |
| 192 | - | PERIOD OF TIME AND R EQUIRES INTERMITTENT TREATMENT . 4 | |
| 193 | - | ||
| 194 | - | (H) “SERVICE MEMBER ” MEANS AN INDIVIDUAL WHO IS AN ACTIVE DUT Y OR 5 | |
| 195 | - | FORMER MEMBER OF : 6 | |
| 196 | - | ||
| 197 | - | (1) THE UNITED STATES ARMED FORCES ; 7 | |
| 198 | - | ||
| 199 | - | (2) A RESERVE COMPONENT OF THE UNITED STATES ARMED FORCES ; 8 | |
| 200 | - | OR 9 | |
| 201 | - | ||
| 202 | - | (3) THE NATIONAL GUARD OF ANY STATE . 10 | |
| 203 | - | ||
| 204 | - | (I) “TREATMENT” INCLUDES: 11 | |
| 205 | - | ||
| 206 | - | (1) EXAMINATIONS OR TEST ING TO DETERMINE THE EXTENT TO 12 | |
| 207 | - | WHICH A SERIOUS HEAL TH CONDITION EXISTS OR PERSISTS; 13 | |
| 208 | - | ||
| 209 | - | (2) ONGOING OR PERIODIC EVALUATIONS OF THE S ERIOUS HEALTH 14 | |
| 210 | - | CONDITION; AND 15 | |
| 211 | - | ||
| 212 | - | (3) ACTUAL TREATMENT BY A HEALTH CARE PROVID ER. 16 | |
| 213 | - | ||
| 214 | - | 9–1002. 17 | |
| 215 | - | ||
| 216 | - | THIS SUBTITLE APPLIES TO ALL EMPLOYEES , INCLUDING TEMPORARY 18 | |
| 217 | - | EMPLOYEES, OF ALL UNITS IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT 19 | |
| 218 | - | ONLY, INCLUDING ANY UNIT W ITH AN INDEPENDENT P ERSONNEL SYSTEM . 20 | |
| 219 | - | ||
| 220 | - | 9–1003. 21 | |
| 221 | - | ||
| 222 | - | (A) THE SECRETARY, OR THE GOVERNING BOD Y OF A PUBLIC INSTIT UTION 22 | |
| 223 | - | OF HIGHER EDUCATION , SHALL ADOPT REGULATI ONS GOVERNING PAID F AMILY AND 23 | |
| 224 | - | MEDICAL LEAVE BENEFI TS UNDER THIS SUBTIT LE, INCLUDING REGULATION S THAT 24 | |
| 225 | - | ESTABLISH CONDITIONS AND PROCEDURES FOR REQUESTING AND APPRO VING PAID 25 | |
| 226 | - | FAMILY AND MEDICAL L EAVE TO THE EXTENT T HAT THE REGULATIONS DO NOT 26 | |
| 227 | - | CONFLICT WITH THIS S UBTITLE. 27 | |
| 228 | - | ||
| 229 | - | (B) THE SECRETARY, OR THE GOVERNING BOD Y OF A PUBLIC INSTIT UTION 28 | |
| 230 | - | OF HIGHER EDUCATION , MAY DELEGATE TO AN E MPLOYEE OF THE DEPARTMENT OR 29 | |
| 231 | - | AN APPOINTING AUTHOR ITY ANY POWER OR DUT Y THAT IS REASONABLE AND 30 | |
| 232 | - | PROPER FOR THE ADMIN ISTRATION OF THIS TI TLE. 31 6 HOUSE BILL 1503 | |
| 184 | + | (1) THE UNITED STATES ARMED FORCES; 32 HOUSE BILL 1503 5 | |
| 233 | 185 | ||
| 234 | 186 | ||
| 235 | 187 | ||
| 236 | - | (C) IF AN EMPLOYEE TAKES LEAVE FROM WORK UNDE R THIS SUBTITLE, THE 1 | |
| 237 | - | APPOINTING AUTHORITY , ON THE EXPIRATION OF THE LEAVE, SHALL RESTORE TH E 2 | |
| 238 | - | EMPLOYEE TO THE SAME OR AN EQUIVALENT POS ITION OF EMPLOYMENT . 3 | |
| 188 | + | (2) A RESERVE COMPONENT OF THE UNITED STATES ARMED FORCES ; 1 | |
| 189 | + | OR 2 | |
| 239 | 190 | ||
| 240 | - | (D) THE DEPARTMENT SHALL FILE QUARTERLY QUARTERLY 4 | |
| 241 | - | INFORMATIONAL WAGE A ND HOUR REPORTS SHALL BE FILED WITH THE MARYLAND 5 | |
| 242 | - | DEPARTMENT OF LABOR THAT PROVIDE TH E AMOUNT OF WAGES AN D HOURS 6 | |
| 243 | - | WORKED FOR EACH EMPLOYEE FO R EACH WEEK IN THE I MMEDIATELY PRECEDING 7 | |
| 244 | - | CALENDAR QUARTER . 8 | |
| 191 | + | (3) THE NATIONAL GUARD OF ANY STATE . 3 | |
| 245 | 192 | ||
| 246 | - | ||
| 193 | + | (I) “TREATMENT” INCLUDES: 4 | |
| 247 | 194 | ||
| 248 | - | (A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , BEGINNING 10 | |
| 249 | - | JULY 1, 2026, AN EMPLOYEE MAY SUBM IT A REQUEST TO THE DEPARTMENT 11 | |
| 250 | - | EMPLOYEE’S APPOINTING AUTHORI TY FOR PAID FAMILY AND MEDICAL LEAVE IN 12 | |
| 251 | - | ACCORDANCE WITH ESTA BLISHED PROCEDURES : 13 | |
| 195 | + | (1) EXAMINATIONS OR TEST ING TO DETERMINE THE EXTENT TO 5 | |
| 196 | + | WHICH A SERIOUS HEAL TH CONDITION EXISTS OR PERSISTS; 6 | |
| 252 | 197 | ||
| 253 | - | ( | |
| 254 | - | ||
| 198 | + | (2) ONGOING OR PERIODIC EVALUATIONS OF THE S ERIOUS HEALTH 7 | |
| 199 | + | CONDITION; AND 8 | |
| 255 | 200 | ||
| 256 | - | 2. BECAUSE A CHILD IS B EING PLACED FOR ADOP TION, 16 | |
| 257 | - | FOSTER CARE , OR KINSHIP CARE WITH TH E EMPLOYEE OR TO CAR E FOR OR BOND 17 | |
| 258 | - | WITH THE CHILD DURIN G THE FIRST YEAR AFT ER THE PLACEMENT ; 18 | |
| 201 | + | (3) ACTUAL TREATMENT BY A HEALTH CARE PROVID ER. 9 | |
| 259 | 202 | ||
| 260 | - | (II) TO CARE FOR A FAMILY MEMBER WITH A SERIOU S HEALTH 19 | |
| 261 | - | CONDITION; 20 | |
| 203 | + | 9–1002. 10 | |
| 262 | 204 | ||
| 263 | - | | |
| 264 | - | ||
| 265 | - | ||
| 205 | + | THIS SUBTITLE APPLIES TO ALL EMPLOYEES , INCLUDING TEMPORARY 11 | |
| 206 | + | EMPLOYEES, OF ALL UNITS IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT 12 | |
| 207 | + | ONLY, INCLUDING ANY UNIT W ITH AN INDEPENDENT P ERSONNEL SYSTEM . 13 | |
| 266 | 208 | ||
| 267 | - | (IV) TO CARE FOR A SERVIC E MEMBER WITH A SERI OUS HEALTH 24 | |
| 268 | - | CONDITION RESULTING FROM MILITARY SERVIC E FOR WHOM THE EMPLO YEE IS 25 | |
| 269 | - | NEXT OF KIN; OR 26 | |
| 209 | + | 9–1003. 14 | |
| 270 | 210 | ||
| 271 | - | (V) TO ATTEND TO A QUALI FYING EXIGENCY ARISING OUT OF 27 | |
| 272 | - | THE DEPLOYMENT OF A SERVICE MEMBER WHO I S A FAMILY MEMBER OF THE 28 | |
| 273 | - | EMPLOYEE. 29 | |
| 211 | + | (A) THE SECRETARY SHALL ADOPT REGULATIONS GOVERNIN G PAID 15 | |
| 212 | + | FAMILY AND MEDICAL L EAVE BENEFITS UNDER THIS SUBTITLE , INCLUDING 16 | |
| 213 | + | REGULATIONS THAT EST ABLISH CONDITIONS AN D PROCEDU RES FOR REQUESTING 17 | |
| 214 | + | AND APPROVING PAID F AMILY AND MEDICAL LE AVE TO THE EXTENT TH AT THE 18 | |
| 215 | + | REGULATIONS DO NOT C ONFLICT WITH THIS SU BTITLE. 19 | |
| 274 | 216 | ||
| 275 | - | (2) (I) EXCEPT AS PROVIDED UN DER SUBPARAGRAPH (II) OF THIS 30 | |
| 276 | - | PARAGRAPH , IF THE NEED TO USE L EAVE IS FORESEEABLE , AN APPOINTING 31 | |
| 277 | - | AUTHORITY MAY REQUIR E AN EMPLOYEE TAK ING LEAVE UNDER THIS SUBTITLE MAY 32 | |
| 278 | - | BE REQUIRED TO PROVIDE THE APPOINTING AUTHO RITY WITH WRITTEN NOTICE OF 33 HOUSE BILL 1503 7 | |
| 217 | + | (B) THE SECRETARY MAY DELEGAT E TO AN EMPLOYEE OF THE 20 | |
| 218 | + | DEPARTMENT OR AN APPO INTING AUTHORITY ANY POWER OR DUTY THAT I S 21 | |
| 219 | + | REASONABLE AND PROPER F OR THE ADMINISTRATIO N OF THIS TITLE. 22 | |
| 279 | 220 | ||
| 221 | + | (C) IF AN EMPLOYEE TAKES LEAVE FROM WORK UNDE R THIS SUBTITLE, THE 23 | |
| 222 | + | APPOINTING AUTHORITY , ON THE EXPIRATION OF THE LEAVE, SHALL RESTORE THE 24 | |
| 223 | + | EMPLOYEE TO THE SAME OR AN EQUIVALENT POS ITION OF EMPLOYMEN T. 25 | |
| 280 | 224 | ||
| 281 | - | THE EMPLOYEE ’S INTENTION TO TAKE LEAVE AT LEAST 30 DAYS BEFORE 1 | |
| 282 | - | COMMENCING THE LEAVE . 2 | |
| 225 | + | (D) THE DEPARTMENT SHALL FILE QUARTERLY INFORMATIO NAL WAGE 26 | |
| 226 | + | AND HOUR REPORTS WIT H THE MARYLAND DEPARTMENT OF LABOR THAT PROVIDE 27 | |
| 227 | + | THE AMOUNT OF WAGES AND HOURS WORKED FOR EACH EMPLOYEE FOR EA CH WEEK 28 | |
| 228 | + | IN THE IMMEDIATELY P RECEDING CALENDAR QU ARTER. 29 | |
| 283 | 229 | ||
| 284 | - | (II) IF THE NEED TO USE LE AVE IS NOT FORESEEAB LE, THE 3 | |
| 285 | - | EMPLOYEE SHALL: 4 | |
| 286 | - | ||
| 287 | - | 1. PROVIDE NOTICE TO THE APPOINTING AU THORITY AS 5 | |
| 288 | - | SOON AS PRACTICABLE ; AND 6 | |
| 289 | - | ||
| 290 | - | 2. GENERALLY COMPLY WIT H THE APPOINTING 7 | |
| 291 | - | AUTHORITY’S NOTICE OR PROCEDURAL REQUIREMENTS FOR REQ UESTING OR 8 | |
| 292 | - | REPORTING OTHER LEAV E IF THOSE REQUIREME NTS DO NOT INTERFERE WITH THE 9 | |
| 293 | - | EMPLOYEE’S ABILITY TO USE LEA VE UNDER THIS SUBTIT LE. 10 | |
| 294 | - | ||
| 295 | - | (B) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , AN 11 | |
| 296 | - | INDIVIDUAL MAY FILE AN APPLICATION FOR LEAV E WITHIN 60 DAYS BEFORE THE 12 | |
| 297 | - | ANTICIPATED START DA TE OF THE LEAVE BUT NOT LATER THAN 60 DAYS AFTER THE 13 | |
| 298 | - | START DATE OF THE LE AVE. 14 | |
| 299 | - | ||
| 300 | - | (2) TO BE CONSIDERED COMP LETE, AN APPLICATION SHALL CONTAIN 15 | |
| 301 | - | ALL INFORMATION REQU IRED BY THE DEPARTMENT . 16 | |
| 302 | - | ||
| 303 | - | (3) (I) THE DEPARTMENT EMPLOYEE’S APPOINTING AUTHORI TY 17 | |
| 304 | - | SHALL WAIVE THE FILING DEADLINE ESTA BLISHED UNDER PARAGR APH (1) OF THIS 18 | |
| 305 | - | SUBSECTION SHALL BE WAIVED FOR GOOD CAUSE . 19 | |
| 306 | - | ||
| 307 | - | (II) IF THE EMPLOYEE DOES NOT HAVE GOOD CAUSE FOR THE 20 | |
| 308 | - | DELAY IN COMPLETING THE APPLICATION , THE SECRETARY EMPLOYEE’S 21 | |
| 309 | - | APPOINTING AUTHORITY MAY DENY LEAVE LEAVE MAY BE DENIED UNDER THIS 22 | |
| 310 | - | SUBTITLE. 23 | |
| 311 | - | ||
| 312 | - | (C) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , AN 24 | |
| 313 | - | EMPLOYEE MAY TAKE THE LEAVE FOR WHICH THE INDIVIDUAL IS ELIGIB LE UNDER 25 | |
| 314 | - | SUBSECTION (A) OF THIS SECTION ON A N INTERMITTENT LEAVE SCHEDULE. 26 | |
| 315 | - | ||
| 316 | - | (2) IF LEAVE IS TAKEN ON AN INTERMITTENT LEAV E SCHEDULE, THE 27 | |
| 317 | - | EMPLOYEE SHALL : 28 | |
| 318 | - | ||
| 319 | - | (I) MAKE A REASONABLE EF FORT TO SCHEDULE THE 29 | |
| 320 | - | INTERMITTENT LEAVE I N A MANNER THAT DOES NOT UNDULY DISRUPT 30 | |
| 321 | - | OPERATIONS; AND 31 | |
| 322 | - | 8 HOUSE BILL 1503 | |
| 323 | - | ||
| 324 | - | ||
| 325 | - | (II) PROVIDE THE APPOINTING AUTHO RITY WITH REASONABLE 1 | |
| 326 | - | AND PRACTICABLE PRIO R NOTICE OF THE REAS ON FOR WHICH THE INT ERMITTENT 2 | |
| 327 | - | LEAVE IS NECESSARY . 3 | |
| 328 | - | ||
| 329 | - | (3) AN EMPLOYEE MAY NOT TAKE INTERMI TTENT LEAVE IN AN 4 | |
| 330 | - | INCREMENT OF LESS TH AN 4 HOURS. 5 | |
| 331 | - | ||
| 332 | - | (4) IF LEAVE IS TAKEN ON AN INTERMITTENT L EAVE SCHEDULE , AN 6 | |
| 333 | - | APPOINTING AUTHORITY MAY NOT REDUCE THE TOTAL AMOUNT OF LEAVE TO 7 | |
| 334 | - | WHICH THE EMPLOYEE I S ENTITLED MAY NOT BE REDUCED BEYOND THE AMOUNT 8 | |
| 335 | - | OF LEAVE ACTUALLY TA KEN. 9 | |
| 336 | - | ||
| 337 | - | (D) AN EMPLOYEE MAY APPEA L A DENIAL OF LEAVE IN ACCORDANCE WITH 10 | |
| 338 | - | THE APPEAL PROCEDURE S ESTABLISHED BY THE SECRETARY OF LABOR FOR THE 11 | |
| 339 | - | FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. 12 | |
| 340 | - | ||
| 341 | - | 9–1005. 13 | |
| 342 | - | ||
| 343 | - | (A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 14 | |
| 344 | - | AN EMPLOYEE MAY NOT RECEIVE MORE THAN 12 WEEKS OF LEAVE IN AN 15 | |
| 345 | - | APPLICATION YEAR . 16 | |
| 346 | - | ||
| 347 | - | (2) AN EMPLOYEE MAY RECEI VE AN ADDITIONAL 12 WEEKS OF LEAVE 17 | |
| 348 | - | IF THE EMPLOYEE DURI NG THE SAME APPLICAT ION YEAR: 18 | |
| 349 | - | ||
| 350 | - | (I) 1. RECEIVED LEAVE BECAUSE THE EMPLOYEE WAS 19 | |
| 351 | - | ELIGIBLE FOR LEAVE U NDER § 9–1004(A)(1)(I) OF THIS SUBTITLE; AND 20 | |
| 352 | - | ||
| 353 | - | 2. BECOMES ELIGIBLE FOR LEAVE UNDER § 21 | |
| 354 | - | 9–1004(A)(1)(III) OF THIS SUBTITLE; OR 22 | |
| 355 | - | ||
| 356 | - | (II) 1. RECEIVED LEAVE BECAU SE THE EMPLOYEE WAS 23 | |
| 357 | - | ELIGIBLE FOR LEAVE U NDER § 9–1004(A)(1)(III) OF THIS SUBTITLE; AND 24 | |
| 358 | - | ||
| 359 | - | 2. BECOMES ELIGIBLE FOR LEAVE UNDER § 25 | |
| 360 | - | 9–1004(A)(1)(I) OF THIS SUBTITLE. 26 | |
| 361 | - | ||
| 362 | - | (B) IF AN EMPLOYEE TAKES LEAVE UNDER THIS SUB TITLE, THE LEAVE 27 | |
| 363 | - | SHALL RUN CONCURRENT LY WITH ELIGIBLE LEA VE THAT MAY BE TAKEN BY THE 28 | |
| 364 | - | EMPLOYEE U NDER THE FEDERAL FAMILY AND MEDICAL LEAVE ACT. 29 | |
| 365 | - | ||
| 366 | - | (C) THE DEPARTMENT EMPLOYEE’S APPOINTING AUTHORI TY MAY COUNT 30 | |
| 367 | - | THE LEAVE TAKEN UNDER TH E FEDERAL FAMILY AND MEDICAL LEAVE ACT MAY BE 31 HOUSE BILL 1503 9 | |
| 368 | - | ||
| 369 | - | ||
| 370 | - | COUNTED AGAINST AN EMPLOYEE ’S MAXIMUM DURATION O F LEAVE AVAILABLE 1 | |
| 371 | - | UNDER THIS SUBTITLE IN AN APPLI CATION YEAR FOR THE SAME PURPOSE , IF: 2 | |
| 372 | - | ||
| 373 | - | (1) THE DEPARTMENT EMPLOYEE’S APPOINTING AUTHORI TY 3 | |
| 374 | - | DESIGNATES A PERIOD OF LEAVE IS DESIGNATED AS COVERED BY THE FE DERAL 4 | |
| 375 | - | FAMILY AND MEDICAL LEAVE ACT FOR AN EMPLOYEE W HO WOULD ALSO QUALIF Y 5 | |
| 376 | - | FOR LEAVE UNDER § 9–1004(A)(1) OF THIS SUBTITLE; 6 | |
| 377 | - | ||
| 378 | - | (2) THE DEPARTMENT EMPLOYEE’S APPOINTING AUTHORI TY 7 | |
| 379 | - | NOTIFIES THE EMPLOYEE IS NOTIFIED OF THE EMPLOYEE ’S ELIGIBILITY FOR LE AVE 8 | |
| 380 | - | UNDER THIS SUBTITLE ; AND 9 | |
| 381 | - | ||
| 382 | - | (3) THE EMPLOYEE DECLINE S TO APPLY FOR LEAVE UNDER THIS 10 | |
| 383 | - | SUBTITLE. 11 | |
| 384 | - | ||
| 385 | - | (D) AN EMPLOYEE MAY NOT B E REQUIRED TO USE OR EXHAUST PAID 12 | |
| 386 | - | VACATION, PAID SICK LEAVE , OR OTHER PAID TIME O FF PROVIDED TO THE 13 | |
| 387 | - | EMPLOYEE BEFORE , OR WHILE, TAKING LEAVE UNDER T HIS TITLE. 14 | |
| 388 | - | ||
| 389 | - | [9–1001.] 9–1006. 15 | |
| 390 | - | ||
| 391 | - | (a) Subject to subsection (b) of this section, the Secretary shall adopt regulations, 16 | |
| 392 | - | guidelines, or policies implementing the federal Family and Medical Leave Act of 1993. 17 | |
| 393 | - | ||
| 394 | - | (b) The regulations adopted by the Secretary: 18 | |
| 395 | - | ||
| 396 | - | (1) may require an eligible employee to use other available accrued leave 19 | |
| 397 | - | concurrently with family and medical leave; and 20 | |
| 398 | - | ||
| 399 | - | (2) may not limit, to less than 24 weeks, the aggregate number of weeks of 21 | |
| 400 | - | family and medical leave that two employees who are married to one another may use 22 | |
| 401 | - | during a 12–month period for: 23 | |
| 402 | - | ||
| 403 | - | (i) the birth of the employees’ child; 24 | |
| 404 | - | ||
| 405 | - | (ii) the placement of a child with the employees for adoption or foster 25 | |
| 406 | - | care; 26 | |
| 407 | - | ||
| 408 | - | (iii) the serious health condition of the employees’ child, if the child 27 | |
| 409 | - | is a minor; or 28 | |
| 410 | - | ||
| 411 | - | (iv) the care of the employees’ adult child, if the adult child is 29 | |
| 412 | - | incapable of self–care. 30 | |
| 413 | - | ||
| 414 | - | [9–1108. 31 10 HOUSE BILL 1503 | |
| 230 | + | 9–1004. 30 6 HOUSE BILL 1503 | |
| 415 | 231 | ||
| 416 | 232 | ||
| 417 | 233 | ||
| 418 | - | (a) This section applies to all employees in the executive branch of State 1 | |
| 419 | - | government. 2 | |
| 234 | + | (A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , BEGINNING 1 | |
| 235 | + | JULY 1, 2026, AN EMPLOYEE MAY SUBM IT A REQUEST TO THE DEPARTMENT 2 | |
| 236 | + | EMPLOYEE’S APPOINTING AUTHORI TY FOR PAID FAMILY AND MEDICAL LEAVE : 3 | |
| 420 | 237 | ||
| 421 | - | ( | |
| 422 | - | ||
| 238 | + | (I) 1. TO CARE FOR A NEWBOR N CHILD OF THE EMPLO YEE 4 | |
| 239 | + | DURING THE FIRST YEAR A FTER THE CHILD ’S BIRTH; OR 5 | |
| 423 | 240 | ||
| 424 | - | | |
| 425 | - | ||
| 426 | - | ||
| 241 | + | 2. BECAUSE A CHILD IS B EING PLACED FOR ADOP TION, 6 | |
| 242 | + | FOSTER CARE , OR KINSHIP CARE WITH THE EMPLOYEE OR TO C ARE FOR OR BOND 7 | |
| 243 | + | WITH THE CHILD DURIN G THE FIRST YEAR AFT ER THE PLACEMENT ; 8 | |
| 427 | 244 | ||
| 428 | - | (i) the birth of the employee’s child; or 8 | |
| 245 | + | (II) TO CARE FOR A FAMILY MEMBER WITH A SERIOUS HEALTH 9 | |
| 246 | + | CONDITION; 10 | |
| 429 | 247 | ||
| 430 | - | (ii) the placement of the child under 6 years of age with the employee 9 | |
| 431 | - | for adoption. 10 | |
| 248 | + | (III) TO ATTEND TO A SERIO US HEALTH CONDITION THAT 11 | |
| 249 | + | RESULTS IN THE EMPLO YEE BEING UNABLE TO PERFORM THE FUNCTION S OF THE 12 | |
| 250 | + | EMPLOYEE’S POSITION; 13 | |
| 432 | 251 | ||
| 433 | - | ( | |
| 434 | - | ||
| 435 | - | ||
| 252 | + | (IV) TO CARE FOR A SERVIC E MEMBER WITH A SERI OUS HEALTH 14 | |
| 253 | + | CONDITION RESULTING FROM MILITARY SERVICE FOR WHOM THE EMPLOYEE IS 15 | |
| 254 | + | NEXT OF KIN; OR 16 | |
| 436 | 255 | ||
| 437 | - | ( | |
| 438 | - | ||
| 439 | - | ||
| 256 | + | (V) TO ATTEND TO A QUALI FYING EXIGENCY ARISI NG OUT OF 17 | |
| 257 | + | THE DEPLOYMENT OF A SERVICE MEMBER WHO I S A FAMILY MEMBER OF THE 18 | |
| 258 | + | EMPLOYEE. 19 | |
| 440 | 259 | ||
| 441 | - | (d) An employee may use parental leave only after obtaining approval from the 17 | |
| 442 | - | employee’s appointing authority. 18 | |
| 260 | + | (2) (I) EXCEPT AS PROVIDED UN DER SUBPARAG RAPH (II) OF THIS 20 | |
| 261 | + | PARAGRAPH , IF THE NEED TO USE L EAVE IS FORESEEABLE , AN APPOINTING 21 | |
| 262 | + | AUTHORITY MAY REQUIR E AN EMPLOYEE TAKING LEAVE UNDER THIS SUB TITLE TO 22 | |
| 263 | + | PROVIDE THE APPOINTI NG AUTHORITY WITH WR ITTEN NOTICE OF THE EMPLOYEE’S 23 | |
| 264 | + | INTENTION TO TAKE LE AVE AT LEAST 30 DAYS BEFORE COMMENCI NG THE LEAVE. 24 | |
| 443 | 265 | ||
| 444 | - | (e) (1) An employee who uses parental leave following the birth of the 19 | |
| 445 | - | employee’s child may not receive payment under this section unless the employee gives the 20 | |
| 446 | - | employee’s immediate supervisor information required by guidelines issued by the 21 | |
| 447 | - | Secretary on the federal Family and Medical Leave Act of 1993. 22 | |
| 266 | + | (II) IF THE NEED TO USE LE AVE IS NOT FORESEEAB LE, THE 25 | |
| 267 | + | EMPLOYEE SHALL : 26 | |
| 448 | 268 | ||
| 449 | - | (2) An employee who uses parental leave for adoption purposes may not 23 | |
| 450 | - | receive payment under this subtitle unless the employee gives the employee’s immediate 24 | |
| 451 | - | supervisor the certificate required by guidelines issued by the Secretary on the federal 25 | |
| 452 | - | Family and Medical Leave Act of 1993. 26 | |
| 269 | + | 1. PROVIDE NOTICE TO TH E APPOINTING AUTHORI TY AS 27 | |
| 270 | + | SOON AS PRACTICABLE ; AND 28 | |
| 453 | 271 | ||
| 454 | - | (f) The Secretary shall adopt regulations governing parental leave, including 27 | |
| 455 | - | regulations that establish conditions and procedures for requesting and approving parental 28 | |
| 456 | - | leave.] 29 | |
| 272 | + | 2. GENERALLY COMPLY WIT H THE APPOINTING 29 | |
| 273 | + | AUTHORITY’S NOTICE OR PROCEDURAL REQUIR EMENTS FOR REQUESTIN G OR 30 | |
| 274 | + | REPORTING OTHER LEAV E IF THOSE REQUIREME NTS DO NOT INTERFERE WITH THE 31 | |
| 275 | + | EMPLOYEE’S ABILITY TO USE LEA VE UNDER THIS SUBTIT LE. 32 | |
| 276 | + | HOUSE BILL 1503 7 | |
| 457 | 277 | ||
| 458 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30 | |
| 459 | - | October 1, 2025 July 1, 2026. 31 | |
| 278 | + | ||
| 279 | + | (B) (1) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , AN 1 | |
| 280 | + | INDIVIDUAL MAY FILE AN APPLICATION FOR LEAV E WITHIN 60 DAYS BEFORE THE 2 | |
| 281 | + | ANTICIPATED START DA TE OF THE LEAVE BUT NOT LATER THAN 60 DAYS AFTER THE 3 | |
| 282 | + | START DATE OF THE LE AVE. 4 | |
| 283 | + | ||
| 284 | + | (2) TO BE CONSIDERED COMP LETE, AN APPLICATION SHALL CONTAIN 5 | |
| 285 | + | ALL INFORMATION REQU IRED BY THE DEPARTMENT . 6 | |
| 286 | + | ||
| 287 | + | (3) (I) THE DEPARTMENT EMPLOYEE’S APPOINTING AUTHORI TY 7 | |
| 288 | + | SHALL WAIVE THE FILI NG DEADLINE ESTABLIS HED UNDER PARAGRAPH (1) OF THIS 8 | |
| 289 | + | SUBSECTION FOR GOOD CAUSE. 9 | |
| 290 | + | ||
| 291 | + | (II) IF THE EMPLOYEE DOES NOT HAVE GOOD CAUSE FOR THE 10 | |
| 292 | + | DELAY IN COMPLETING THE APPLICATION , THE SECRETARY EMPLOYEE’S 11 | |
| 293 | + | APPOINTING AUTHORITY MAY DENY LEAVE UNDER THIS SUBTITLE. 12 | |
| 294 | + | ||
| 295 | + | (C) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , AN 13 | |
| 296 | + | EMPLOYEE MAY TAKE TH E LEAVE FOR WHICH TH E INDIVIDUAL IS ELIG IBLE UNDER 14 | |
| 297 | + | SUBSECTION (A) OF THIS SECTION ON A N INTERMITTENT LEAVE S CHEDULE. 15 | |
| 298 | + | ||
| 299 | + | (2) IF LEAVE IS TAKEN ON AN INTERMITTENT LEAV E SCHEDULE, THE 16 | |
| 300 | + | EMPLOYEE SHALL : 17 | |
| 301 | + | ||
| 302 | + | (I) MAKE A REASONABLE EF FORT TO SCHEDULE THE 18 | |
| 303 | + | INTERMITTENT LEAVE I N A MANNER THAT DOES NOT UNDULY DISRUPT 19 | |
| 304 | + | OPERATIONS; AND 20 | |
| 305 | + | ||
| 306 | + | (II) PROVIDE THE A PPOINTING AUTHORITY WITH REASONABLE 21 | |
| 307 | + | AND PRACTICABLE PRIO R NOTICE OF THE REAS ON FOR WHICH THE INT ERMITTENT 22 | |
| 308 | + | LEAVE IS NECESSARY . 23 | |
| 309 | + | ||
| 310 | + | (3) AN EMPLOYEE MAY NOT T AKE INTERMITTENT LEA VE IN AN 24 | |
| 311 | + | INCREMENT OF LESS TH AN 4 HOURS. 25 | |
| 312 | + | ||
| 313 | + | (4) IF LEAVE IS TAKEN ON AN INTERMITTE NT LEAVE SCHEDULE , AN 26 | |
| 314 | + | APPOINTING AUTHORITY MAY NOT REDUCE THE T OTAL AMOUNT OF LEAVE TO 27 | |
| 315 | + | WHICH THE EMPLOYEE I S ENTITLED BEYOND TH E AMOUNT OF LEAVE AC TUALLY 28 | |
| 316 | + | TAKEN. 29 | |
| 317 | + | ||
| 318 | + | (D) AN EMPLOYEE MAY APPEA L A DENIAL OF LEAVE IN ACCORDANCE WITH 30 | |
| 319 | + | THE APPEAL PROCEDURE S ESTABLISHED BY THE SECRETARY OF LABOR FOR THE 31 | |
| 320 | + | FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. 32 | |
| 321 | + | ||
| 322 | + | 9–1005. 33 8 HOUSE BILL 1503 | |
| 323 | + | ||
| 324 | + | ||
| 325 | + | ||
| 326 | + | (A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 1 | |
| 327 | + | AN EMPLOYEE MAY NOT RECEIVE MORE THAN 12 WEEKS OF LEAVE IN AN 2 | |
| 328 | + | APPLICATION YEAR . 3 | |
| 329 | + | ||
| 330 | + | (2) AN EMPLOYE E MAY RECEIVE AN ADD ITIONAL 12 WEEKS OF LEAVE 4 | |
| 331 | + | IF THE EMPLOYEE DURI NG THE SAME APPLICAT ION YEAR: 5 | |
| 332 | + | ||
| 333 | + | (I) 1. RECEIVED LEAVE BECAU SE THE EMPLOYEE WAS 6 | |
| 334 | + | ELIGIBLE FOR LEAVE U NDER § 9–1004(A)(1)(I) OF THIS SUBTITLE; AND 7 | |
| 335 | + | ||
| 336 | + | 2. BECOMES ELIGIBLE FOR LEAVE UNDER § 8 | |
| 337 | + | 9–1004(A)(1)(III) OF THIS SUBTITLE; OR 9 | |
| 338 | + | ||
| 339 | + | (II) 1. RECEIVED LEAVE BECAU SE THE EMPLOYEE WAS 10 | |
| 340 | + | ELIGIBLE FOR LEAVE U NDER § 9–1004(A)(1)(III) OF THIS SUBTITLE; AND 11 | |
| 341 | + | ||
| 342 | + | 2. BECOMES ELIGIBLE FOR LEAVE UNDER § 12 | |
| 343 | + | 9–1004(A)(1)(I) OF THIS SUBTITLE. 13 | |
| 344 | + | ||
| 345 | + | (B) IF AN EMPLOYEE TAKES LEAVE UNDER TH IS SUBTITLE, THE LEAVE 14 | |
| 346 | + | SHALL RUN CONCURRENT LY WITH ELIGIBLE LEA VE THAT MAY BE TAKEN BY THE 15 | |
| 347 | + | EMPLOYEE UNDER THE F EDERAL FAMILY AND MEDICAL LEAVE ACT. 16 | |
| 348 | + | ||
| 349 | + | (C) THE DEPARTMENT EMPLOYEE’S APPOINTING AUTHORI TY MAY COUNT 17 | |
| 350 | + | THE LEAVE TAKEN UNDE R THE FEDERAL FAMILY AND MEDICAL LEAVE ACT 18 | |
| 351 | + | AGAINST AN EMPLOYEE ’S MAXIMUM DURATION O F LEAVE AVAILABLE UN DER THIS 19 | |
| 352 | + | SUBTITLE IN AN APPLI CATION YEAR FOR THE SAME PURPOSE , IF: 20 | |
| 353 | + | ||
| 354 | + | (1) THE DEPARTMENT EMPLOYEE’S APPOINTING AUTHORI TY 21 | |
| 355 | + | DESIGNATES A PERIOD OF LEAVE AS COVE RED BY THE FEDERAL FAMILY AND 22 | |
| 356 | + | MEDICAL LEAVE ACT FOR AN EMPLOYEE W HO WOULD ALSO QUALIF Y FOR LEAVE 23 | |
| 357 | + | UNDER § 9–1004(A)(1) OF THIS SUBTITLE; 24 | |
| 358 | + | ||
| 359 | + | (2) THE DEPARTMENT EMPLOYEE’S APPOINTING AUTHORI TY 25 | |
| 360 | + | NOTIFIES THE EMPLOYE E OF THE EMPLOYEE ’S ELIGIBILITY FOR LE AVE UNDER THIS 26 | |
| 361 | + | SUBTITLE; AND 27 | |
| 362 | + | ||
| 363 | + | (3) THE EMPLOYEE DECLINE S TO APPLY FOR LEAVE UNDER THIS 28 | |
| 364 | + | SUBTITLE. 29 | |
| 365 | + | ||
| 366 | + | (D) AN EMPLOYEE MAY NOT B E REQUIRED TO USE OR EXHAUST PAID 30 | |
| 367 | + | VACATION, PAID SICK LEAVE , OR OTHER PAID TIME O FF PROVIDED TO THE 31 | |
| 368 | + | EMPLOYEE BEFORE , OR WHILE, TAKING LEAVE UNDER THIS TITLE . 32 HOUSE BILL 1503 9 | |
| 369 | + | ||
| 370 | + | ||
| 371 | + | ||
| 372 | + | [9–1001.] 9–1006. 1 | |
| 373 | + | ||
| 374 | + | (a) Subject to subsection (b) of this section, the Secretary shall adopt regulations, 2 | |
| 375 | + | guidelines, or policies implementing the federal Family and Medical Leave Act of 1993. 3 | |
| 376 | + | ||
| 377 | + | (b) The regulations adopted by the Secretary: 4 | |
| 378 | + | ||
| 379 | + | (1) may require an eligible employee to use other available accrued leave 5 | |
| 380 | + | concurrently with family and medical leave; and 6 | |
| 381 | + | ||
| 382 | + | (2) may not limit, to less than 24 weeks, the aggregate number of weeks of 7 | |
| 383 | + | family and medical leave that two employees who are married to one another may use 8 | |
| 384 | + | during a 12–month period for: 9 | |
| 385 | + | ||
| 386 | + | (i) the birth of the employees’ child; 10 | |
| 387 | + | ||
| 388 | + | (ii) the placement of a child with the employees for adoption or foster 11 | |
| 389 | + | care; 12 | |
| 390 | + | ||
| 391 | + | (iii) the serious health condition of the employees’ child, if the child 13 | |
| 392 | + | is a minor; or 14 | |
| 393 | + | ||
| 394 | + | (iv) the care of the employees’ adult child, if the adult child is 15 | |
| 395 | + | incapable of self–care. 16 | |
| 396 | + | ||
| 397 | + | [9–1108. 17 | |
| 398 | + | ||
| 399 | + | (a) This section applies to all employees in the executive branch of State 18 | |
| 400 | + | government. 19 | |
| 401 | + | ||
| 402 | + | (b) On request, an employee subject to this section may be entitled to parental 20 | |
| 403 | + | leave with pay. 21 | |
| 404 | + | ||
| 405 | + | (c) (1) Subject to paragraph (2) of this subsection, an employee who is the 22 | |
| 406 | + | primary caregiver responsible for the care and nurturing of a child may use up to 60 days 23 | |
| 407 | + | of parental leave to care for the child during the period immediately following: 24 | |
| 408 | + | ||
| 409 | + | (i) the birth of the employee’s child; or 25 | |
| 410 | + | ||
| 411 | + | (ii) the placement of the child under 6 years of age with the employee 26 | |
| 412 | + | for adoption. 27 | |
| 413 | + | ||
| 414 | + | (2) (i) An employee entitled to parental leave authorized under 28 | |
| 415 | + | paragraph (1) of this subsection may use accrued annual leave and personal leave available 29 | |
| 416 | + | to the employee. 30 | |
| 417 | + | 10 HOUSE BILL 1503 | |
| 418 | + | ||
| 419 | + | ||
| 420 | + | (ii) If the amount of leave specified under subparagraph (i) of this 1 | |
| 421 | + | paragraph is less than 60 days, the State agency that employs the employee shall provide 2 | |
| 422 | + | the employee with additional paid leave to attain 60 days of parental leave. 3 | |
| 423 | + | ||
| 424 | + | (d) An employee may use parental leave only after obtaining approval from the 4 | |
| 425 | + | employee’s appointing authority. 5 | |
| 426 | + | ||
| 427 | + | (e) (1) An employee who uses parental leave following the birth of the 6 | |
| 428 | + | employee’s child may not receive payment under this section unless the employee gives the 7 | |
| 429 | + | employee’s immediate supervisor information required by guidelines issued by the 8 | |
| 430 | + | Secretary on the federal Family and Medical Leave Act of 1993. 9 | |
| 431 | + | ||
| 432 | + | (2) An employee who uses parental leave for adoption purposes may not 10 | |
| 433 | + | receive payment under this subtitle unless the employee gives the employee’s immediate 11 | |
| 434 | + | supervisor the certificate required by guidelines issued by the Secretary on the federal 12 | |
| 435 | + | Family and Medical Leave Act of 1993. 13 | |
| 436 | + | ||
| 437 | + | (f) The Secretary shall adopt regulations governing parental leave, including 14 | |
| 438 | + | regulations that establish conditions and procedures for requesting and approving parental 15 | |
| 439 | + | leave.] 16 | |
| 440 | + | ||
| 441 | + | SECTION 2. AND BE IT FUR THER ENACTED, That this Act shall take effect 17 | |
| 442 | + | October 1, 2025 July 1, 2026. 18 | |
| 443 | + | ||
| 444 | + | ||
| 445 | + | ||
| 446 | + | ||
| 447 | + | Approved: | |
| 448 | + | ________________________________________________________________________________ | |
| 449 | + | Governor. | |
| 450 | + | ________________________________________________________________________________ | |
| 451 | + | Speaker of the House of Delegates. | |
| 452 | + | ________________________________________________________________________________ | |
| 453 | + | President of the Senate. |