Maryland 2025 Regular Session

Maryland House Bill HB824 Compare Versions

Only one version of the bill is available at this time.

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	hb0824
6	6
7	7	HOUSE BILL 824
8	8	K3, P4, L6 5lr0859
9	9
10	10	By: Delegate Stewart
11	11	Introduced and read first time: January 29, 2025
12	12	Assigned to: Economic Matters
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Family and Medical Leave Insurance Pro gram – Covered Individuals – 2
19	19	Alternatively Qualified Individuals 3
20	20
21	21	FOR the purpose of altering the Family and Medical Leave Insurance Program to provide 4
22	22	benefits to alternatively qualified individuals who care for or bond with a child under 5
23	23	certain circumstances; altering the date that the Secretary of Labor is required to 6
24	24	begin conducting certain cost analyses of the Program; requiring that an employer 7
25	25	allow an alternatively qualified individual who is receiving benefits under the 8
26	26	Program to take certain unpaid leave from employment; and generally relating to 9
27	27	the Family and Medical Leave Insurance Program. 10
28	28
29	29	BY repealing and reenacting, with amendments, 11
30	30	Article – Labor and Employment 12
31	31	Section 8.3–101, 8.3–302, 8.3–601(c), 8.3–701(a), 8.3–702, 8.3–703(a), and 8.3–705 13
32	32	Annotated Code of Maryland 14
33	33	(2016 Replacement Volume and 2024 Supplement) 15
34	34
35	35	BY adding to 16
36	36	Article – Labor and Employment 17
37	37	Section 8.3–703.1 18
38	38	Annotated Code of Maryland 19
39	39	(2016 Replacement Volume and 2024 Supplement) 20
40	40
41	41	BY repealing and reenacting, without amendments, 21
42	42	Article – Labor and Employment 22
43	43	Section 8.3–706 23
44	44	Annotated Code of Maryland 24
45	45	(2016 Replacement Volume and 2024 Supplement) 25
46	46
47	47	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
48	48	That the Laws of Maryland read as follows: 27 2 HOUSE BILL 824
49	49
50	50
51	51
52	52	Article – Labor and Employment 1
53	53
54	54	8.3–101. 2
55	55
56	56	(a) In this title the following words have the meanings indicated. 3
57	57
58	58	(b) “ALTERNATIVELY QUALIFI ED INDIVIDUAL” MEANS AN EMPLOYEE OR AN 4
59	59	UNEMPLOYED INDIVIDUA L WHO: 5
60	60
61	61	(1) HAS EARNED AT LEAST $7,200 IN TOTAL LIFETIME WAGES IN THE 6
62	62	STATE; 7
63	63
64	64	(2) DOES NOT MEET THE REQUIREMENTS TO BE CONSIDERED A 8
65	65	COVERED EMPLOYEE OR A SELF –EMPLOYED INDIVIDUAL WHO ELECTS TO 9
66	66	PARTICIPATE IN THE PROGRAM UNDER § 8.3–201 OF THIS TITLE; AND 10
67	67
68	68	(3) IS NOT ELIGIBLE FOR OR RECEIVING BENEFITS IN ANOTHER 11
69	69	STATE THAT ARE COMPARABLE OR EQUIVALENT TO BENEFI TS PROVIDED UNDER 12
70	70	THIS TITLE. 13
71	71
72	72	(C) “Application year” means the 12–month period beginning on the Sunday of 14
73	73	the calendar week for which benefits are approved. 15
74	74
75	75	[(c)] (D) “Benefits” means the money payable under this title to a covered 16
76	76	individual. 17
77	77
78	78	[(d)] (E) “Covered employee” means an employee who has worked at least 680 18
79	79	hours performing services under employment located in the State over the four most 19
80	80	recently completed calendar quarters for which quarterly reports have been required 20
81	81	immediately preceding the date on which leave is to begin. 21
82	82
83	83	[(e)] (F) “Covered individual” means: 22
84	84
85	85	(1) a covered employee [or]; 23
86	86
87	87	(2) a self–employed individual who elects to participate in the Program 24
88	88	under § 8.3–201 of this title; OR 25
89	89
90	90	(3) AN ALTERNATIVELY QUAL IFIED INDIVIDUAL. 26
91	91
92	92	[(f)] (G) “Department” means the Maryland Department of Labor. 27
93	93
94	94	[(g)] (H) “Deployment” means a service member acting under official orders who, 28
95	95	on any day, is performing service in a training exercise or operation at a location or under 29 HOUSE BILL 824 3
96	96
97	97
98	98	circumstances that make it impossible or infeasible for the service member to spend 1
99	99	off–duty time in the housing in which the service member resides when on garrison duty 2
100	100	at the service member’s permanent duty station or homeport. 3
101	101
102	102	[(h)] (I) (1) “Employer” means a person or governmental entity that employs 4
103	103	at least one individual in the State. 5
104	104
105	105	(2) “Employer” does not include an individual who: 6
106	106
107	107	(i) is the sole owner of a sole proprietorship, limited liability 7
108	108	company, C corporation, or S corporation; and 8
109	109
110	110	(ii) is the only individual employed by the sole proprietorship, 9
111	111	limited liability company, C corporation, or S corporation. 10
112	112
113	113	[(i)] (J) “Family member” means: 11
114	114
115	115	(1) a biological child, an adopted child, a foster child, or a stepchild of the 12
116	116	covered individual; 13
117	117
118	118	(2) a child for whom the covered individual has legal or physical custody or 14
119	119	guardianship; 15
120	120
121	121	(3) a child for whom the covered individual stands in loco parentis, 16
122	122	regardless of the child’s age; 17
123	123
124	124	(4) a biological parent, an adoptive parent, a foster parent, or a stepparent 18
125	125	of the covered individual or of the covered individual’s spouse; 19
126	126
127	127	(5) the legal guardian of the covered individual or the ward of the covered 20
128	128	individual or of the covered individual’s spouse; 21
129	129
130	130	(6) an individual who acted as a parent or stood in loco parentis to the 22
131	131	covered individual or the covered individual’s spouse when the covered individual or the 23
132	132	covered individual’s spouse was a minor; 24
133	133
134	134	(7) the spouse of the covered individual; 25
135	135
136	136	(8) a domestic partner of the covered individual; 26
137	137
138	138	(9) a biological grandparent, an adopted grandparent, a foster 27
139	139	grandparent, or a stepgrandparent of the covered individual; 28
140	140
141	141	(10) a biological grandchild, an adopted grandchild, a foster grandchild, or a 29
142	142	stepgrandchild of the covered individual; or 30
143	143	4 HOUSE BILL 824
144	144
145	145
146	146	(11) a biological sibling, an adopted sibling, a foster sibling, or a stepsibling 1
147	147	of the covered individual. 2
148	148
149	149	[(j)] (K) “Fund” means the Family and Medical Leave Insurance Fund 3
150	150	established under § 8.3–501 of this title. 4
151	151
152	152	[(k)] (L) “Governmental entity” has the meaning stated in § 8–101 of this article. 5
153	153
154	154	[(l)] (M) “Program” means the Family and Medical Leave Insurance Program 6
155	155	established under § 8.3–301 of this title. 7
156	156
157	157	[(m)] (N) “Qualifying exigency” means any of the following reasons for which 8
158	158	leave may be needed by a family member of a service member: 9
159	159
160	160	(1) because the service member has received notice of deployment within 7 10
161	161	days before the deployment is to begin; 11
162	162
163	163	(2) to attend military events and related activities including family support 12
164	164	programs related to the active duty of the service member; 13
165	165
166	166	(3) to arrange, provide, or attend child care or school activities only when 14
167	167	the service member is on active duty call or active duty status; 15
168	168
169	169	(4) to make financial and legal arrangements for the service member’s 16
170	170	absence or because of the absence; 17
171	171
172	172	(5) to attend counseling that: 18
173	173
174	174	(i) is needed due to the active duty or call to active duty status of 19
175	175	the service member; and 20
176	176
177	177	(ii) is provided by an individual who is not a licensed health care 21
178	178	provider; 22
179	179
180	180	(6) to spend up to 15 calendar days with a service member who is on 23
181	181	short–term temporary rest and recuperation leave during the period of deployment; 24
182	182
183	183	(7) to attend postdeployment activities including reintegration services for 25
184	184	a period of 90 days immediately following the termination of active status; 26
185	185
186	186	(8) to attend to matters related to the death of the service member while 27
187	187	on active duty status; 28
188	188
189	189	(9) to arrange for or provide alternative care for a parent of the service 29
190	190	member when the parent is incapable of self–care and the covered active duty or call to 30
191	191	active duty necessitates a change; or 31
192	192	HOUSE BILL 824 5
193	193
194	194
195	195	(10) because of any other issues that arise out of active duty or a call to 1
196	196	active duty that an employer and covered employee agree should be covered. 2
197	197
198	198	[(n)] (O) “Secretary” means the Secretary of Labor. 3
199	199
200	200	[(o)] (P) (1) “Serious health condition” means an illness, an injury, an 4
201	201	impairment, or a physical or mental condition that involves: 5
202	202
203	203	(i) inpatient care in a hospital, hospice, or residential health care 6
204	204	facility; 7
205	205
206	206	(ii) continued treatment by a licensed health care provider; or 8
207	207
208	208	(iii) continued treatment or supervision at home by a licensed health 9
209	209	care provider or other competent individual under the supervision of a licensed health care 10
210	210	provider. 11
211	211
212	212	(2) “Serious health condition” includes an illness, an injury, an 12
213	213	impairment, or a physical or mental condition described in paragraph (1) of this subsection 13
214	214	that continues over an extended period of time and requires intermittent treatment. 14
215	215
216	216	[(p)] (Q) “Service member” means an individual who is an active duty or former 15
217	217	member of: 16
218	218
219	219	(1) the United States armed forces; 17
220	220
221	221	(2) a reserve component of the United States armed forces; or 18
222	222
223	223	(3) the National Guard of any state. 19
224	224
225	225	[(q)] (R) “Treatment” includes: 20
226	226
227	227	(1) examinations or testing to determine the extent to which a serious 21
228	228	health condition exists or persists; 22
229	229
230	230	(2) ongoing or periodic evaluations of the serious health condition; and 23
231	231
232	232	(3) actual treatment by a health care provider. 24
233	233
234	234	[(r)] (S) “Wages” means all compensation that is due for employment that is: 25
235	235
236	236	(1) for an employee, wages as defined in § 8–101 of this article; or 26
237	237
238	238	(2) for a self–employed individual: 27
239	239
240	240	(i) self–employment income, as defined in 26 U.S.C. § 1402(b); or 28
241	241	6 HOUSE BILL 824
242	242
243	243
244	244	(ii) wages, as defined in § 8–101 of this article, earned from a C 1
245	245	corporation or an S corporation if the income, pay, or leave is paid to the owner who is the 2
246	246	sole employee of a C corporation or an S corporation. 3
247	247
248	248	8.3–302. 4
249	249
250	250	The purpose of the Program is to provide temporary benefits to: 5
251	251
252	252	(1) a covered individual DESCRIBED UNDE R § 8.3–101(F)(1) OR (2) OF 6
253	253	THIS TITLE who is taking leave from employment: 7
254	254
255	255	[(1)] (i) 1. to care for or bond with a child of the covered individual 8
256	256	during the first year after the child’s birth; or 9
257	257
258	258	[(ii)] 2. during the process through which a child is being placed 10
259	259	with the covered individual through foster care, kinship care, or adoption and to care for 11
260	260	and bond with the child during the first year after the placement; 12
261	261
262	262	[(2)] (II) to care for a family member with a serious health condition; 13
263	263
264	264	[(3)] (III) because the covered individual has a serious health condition 14
265	265	that results in the covered individual being unable to perform the functions of the covered 15
266	266	individual’s position; 16
267	267
268	268	[(4)] (IV) to care for a service member for whom the covered individual is 17
269	269	next of kin; or 18
270	270
271	271	[(5)] (V) because the covered individual has a qualifying exigency arising 19
272	272	out of the deployment of a service member who is a family member of the covered 20
273	273	individual; OR 21
274	274
275	275	(2) A COVERED INDIVIDUAL DESCRIBED UNDER § 8.3–101(F)(3) OF 22
276	276	THIS TITLE WHO IS UNEMPLOYED OR TAKING LEAVE FROM EM PLOYMENT: 23
277	277
278	278	(I) TO CARE FOR OR BOND WITH A CHILD OF THE COVERED 24
279	279	INDIVIDUAL DURING TH E FIRST YEAR AFTER T HE CHILD’S BIRTH; OR 25
280	280
281	281	(II) DURING THE PROCESS T HROUGH WHICH A CHILD IS BEING 26
282	282	PLACED WITH THE COVE RED INDIVIDUAL THROU GH FOSTER CARE , KINSHIP CARE, 27
283	283	OR ADOPTION AND THE COVERED INDIVIDU AL IS CARING FOR AND BONDI NG WITH 28
284	284	THE CHILD DURING THE FIRST YEAR AFTER THE PLACEMENT . 29
285	285
286	286	8.3–601. 30
287	287	HOUSE BILL 824 7
288	288
289	289
290	290	(c) (1) On or before November 15 each year, beginning in [2026] 2025, the 1
291	291	Secretary shall conduct a cost analysis of the Program that is focused on the cost of 2
292	292	maintaining solvency and paying benefits to covered individuals that will be used to 3
293	293	determine the appropriate total rate of contribution to the Fund. 4
294	294
295	295	(2) On or before November 15 each year, the Secretary shall report the 5
296	296	results of the cost analysis to the Senate Finance Committee, the House Economic Matters 6
297	297	Committee, and the Joint Committee on Administrative, Executive, and Legislative Review 7
298	298	in accordance with § 2–1257 of the State Government Article. 8
299	299
300	300	8.3–701. 9
301	301
302	302	(a) (1) (I) THIS PARAGRAPH DOES N OT APPLY TO A COVERE D 10
303	303	INDIVIDUAL WHO IS AN ALTERNATIVELY QUALIF IED INDIVIDUAL. 11
304	304
305	305	(II) Subject to paragraph [(2)] (3) of this subsection, beginning July 12
306	306	1, 2026, a covered individual taking leave from employment may submit a claim for 13
307	307	benefits: 14
308	308
309	309	[(i)] 1. A. to care for a newborn child of the covered individual 15
310	310	during the first year after the child’s birth; or 16
311	311
312	312	[2.] B. because a child is being placed for adoption, foster 17
313	313	care, or kinship care with the covered individual or to care for or bond with the child during 18
314	314	the first year after the placement; 19
315	315
316	316	[(ii)] 2. to care for a family member with a serious health 20
317	317	condition; 21
318	318
319	319	[(iii)] 3. to attend to a serious health condition that results in the 22
320	320	covered individual being unable to perform the functions of the covered individual’s 23
321	321	position; 24
322	322
323	323	[(iv)] 4. to care for a service member with a serious health 25
324	324	condition resulting from military service for whom the covered individual is next of kin; or 26
325	325
326	326	[(v)] 5. to attend to a qualifying exigency arising out of the 27
327	327	deployment of a service member who is a family member of the covered individual. 28
328	328
329	329	(2) BEGINNING JULY 1, 2027, A COVERED INDIVIDUAL WHO IS AN 29
330	330	ALTERNATIVELY QUALIFI ED INDIVIDUAL MAY SUBMIT A CLAIM F OR BENEFITS: 30
331	331
332	332	(I) TO CARE FOR A NEWBOR N CHILD OF THE COVER ED 31
333	333	INDIVIDUAL DURING TH E FIRST YEAR AFTER T HE CHILD’S BIRTH; OR 32
334	334	8 HOUSE BILL 824
335	335
336	336
337	337	(II) BECAUSE A CHILD IS B EING PLACED FOR ADOP TION, 1
338	338	FOSTER CARE, OR KINSHIP CARE WITH THE COVERED INDIVIDU AL OR TO CARE FOR 2
339	339	OR BOND WITH THE CHI LD DURING THE FIRST YEAR AFTER THE PLACE MENT. 3
340	340
341	341	(3) (i) Except as provided under subparagraph (ii) of this paragraph, if 4
342	342	the need to use leave is foreseeable, an employer may require a covered employee taking 5
343	343	leave under this title to provide the employer with written notice of the covered employee’s 6
344	344	intention to take leave at least 30 days before commencing the leave. 7
345	345
346	346	(ii) If the need to use leave is not foreseeable, the covered employee 8
347	347	shall: 9
348	348
349	349	1. provide notice to the employer as soon as practicable; and 10
350	350
351	351	2. generally comply with the employer’s notice or procedural 11
352	352	requirements for requesting or reporting other leave, if those requirements do not interfere 12
353	353	with the covered employee’s ability to use leave for which benefits may be paid under this 13
354	354	title. 14
355	355
356	356	8.3–702. 15
357	357
358	358	(a) (1) THIS SUBSECTION DOES NOT APPLY TO A COVER ED INDIVIDUAL 16
359	359	WHO IS AN ALTERNATIV ELY QUALIFIED INDIVI DUAL. 17
360	360
361	361	(2) Except as provided in paragraph [(2)] (3) of this subsection, a covered 18
362	362	individual may not receive more than 12 weeks of benefits in an application year. 19
363	363
364	364	[(2)] (3) A covered individual may receive an additional 12 weeks of 20
365	365	benefits if the covered individual during the same application year: 21
366	366
367	367	(i) 1. received benefits because the covered individual was 22
368	368	eligible for benefits under [§ 8.3–701(a)(1)(i)] § 8.3–701(A)(1)(II)1 of this subtitle; and 23
369	369
370	370	2. becomes eligible for benefits under [§ 8.3–701(a)(1)(iii)] § 24
371	371	8.3–701(A)(1)(II)3 of this subtitle; or 25
372	372
373	373	(ii) 1. received benefits because the covered individual was 26
374	374	eligible for benefits under [§ 8.3–701(a)(1)(iii)] § 8.3–701(A)(1)(II)3 of this subtitle; and 27
375	375
376	376	2. becomes eligible for benefits under [§ 8.3–701(a)(1)(i)] § 28
377	377	8.3–701(A)(1)(II)1 of this subtitle. 29
378	378
379	379	(b) (1) A COVERED INDIVIDUAL W HO IS AN ALTERNATIVELY QUALIFI ED 30
380	380	INDIVIDUAL MAY NOT RECEIVE MORE T HAN ONE BENEFIT PAYMENT PER 31
381	381	APPLICATION YEAR. 32 HOUSE BILL 824 9
382	382
383	383
384	384
385	385	(2) A COVERED INDIVIDUAL W HO IS AN ALTERNATIVELY QUALIFI ED 1
386	386	INDIVIDUAL MAY RECEIVE ANOTHER BENEFIT PAYMENT IN A SUBSEQUENT 2
387	387	APPLICATION YEAR IF THE COVERED INDIVIDUAL HAS ACCUMULATED AN 3
388	388	ADDITIONAL $7,200 IN WAGES IN THE STATE SINCE RECEIVING A BE NEFIT PAYMENT 4
389	389	IN THE IMMEDIATELY P RECEDING APPLICATION YEAR. 5
390	390
391	391	(3) THE DEPARTMENT MAY NOT DE NY A COVERED INDIVID UAL WHO 6
392	392	IS AN ALTERNATIVELY QUALIFI ED INDIVIDUAL BENEFITS UNDER THIS TITLE ON THE 7
393	393	BASIS THAT ANOTHER C OVERED INDIVIDUAL IS ELIGIBLE FOR OR RECE IVING 8
394	394	BENEFITS UNDER THIS TITLE FOR THE SAME CHILD WITH RESPECT TO WHOM THE 9
395	395	ALTERNATIVELY QUALIF IED INDIVIDUAL WOULD RECEIVE THE BE NEFITS. 10
396	396
397	397	(4) (I) SUBJECT TO § 8.3–706 OF THIS SUBTITLE, IF THE COVERED 11
398	398	INDIVIDUAL IS AN ALT ERNATIVELY QUALIFIED INDIVIDUAL, IS EMPLOYED, AND IS 12
399	399	APPROVED FOR BENEFIT S UNDER THIS TITLE , THE EMPLOYER OF THE COVERED 13
400	400	INDIVIDUAL SHALL ALLOW THE COVERED INDIVIDUAL T O TAKE UP TO 6 WEEKS OF 14
401	401	UNPAID LEAVE FROM EMPLOYMENT FOR THE PURPOSE FOR WHICH BENEFITS WERE 15
402	402	APPROVED. 16
403	403
404	404	(II) IF AN EMPLOYER PROVID ES PAID LEAVE TO A C OVERED 17
405	405	INDIVIDUAL WHO IS AN ALTERNATIVELY QUALIF IED INDIVIDUAL, THE EMPLOYER 18
406	406	MAY REQUIRE , OR THE INDIVIDUAL MA Y ELECT, TO SUBSTITUTE THE PA ID LEAVE 19
407	407	FOR ANY PART OF OR A LL OF THE PERIOD OF LEAVE REQUIRED UNDER 20
408	408	SUBPARAGRAPH (I) OF THIS PARAGRAPH . 21
409	409
410	410	(C) If a covered individual takes leave for which the covered individual is receiving 22
411	411	benefits under this title, the leave shall run concurrently with eligible leave that may be 23
412	412	taken by the covered individual under the federal Family and Medical Leave Act. 24
413	413
414	414	[(c)] (D) The Department may count the leave taken under the federal Family 25
415	415	and Medical Leave Act against a covered individual’s maximum duration of leave for which 26
416	416	benefits are available under this title in an application year for the same purpose, if: 27
417	417
418	418	(1) an employer designates a period of leave as covered by the federal 28
419	419	Family and Medical Leave Act for a covered individual who would also qualify for benefits 29
420	420	under § 8.3–302 of this title; 30
421	421
422	422	(2) the employer informs the covered individual of the individual’s 31
423	423	eligibility for benefits under this title; and 32
424	424
425	425	(3) the employee declines to apply for benefits under this title. 33
426	426	10 HOUSE BILL 824
427	427
428	428
429	429	[(d)] (E) (1) A covered individual may not be required to use or exhaust paid 1
430	430	vacation, paid sick leave, or other paid time off under an employer policy before, or while, 2
431	431	receiving benefits under this title. 3
432	432
433	433	(2) A covered individual and an employer may agree to use paid vacation, 4
434	434	paid sick leave, or other paid time off while a covered individual is receiving benefits 5
435	435	available under this title to replace the covered individual’s wages up to 100% of the covered 6
436	436	individual’s average weekly wage during the period of leave for which benefits are received 7
437	437	under this title. 8
438	438
439	439	(3) Notwithstanding paragraph (1) of this subsection, an employer may 9
440	440	require that benefit payments under this title be made concurrently, or otherwise 10
441	441	coordinated with payments made or leave that is allowed under the terms of a separate 11
442	442	employer–provided leave policy due to parental care, family care, or military leave or under 12
443	443	a disability policy. 13
444	444
445	445	(4) This subsection may not be construed to reduce any weeks of leave for 14
446	446	which benefits may be paid under this title. 15
447	447
448	448	[(e)] (F) (1) Except as provided in paragraph (2) of this subsection, an 16
449	449	individual receiving benefits under Title 8 of this article or wage replacement benefits 17
450	450	under Title 9 of this article is not eligible to receive benefits under this title. 18
451	451
452	452	(2) An individual receiving compensation for a permanent partial disability 19
453	453	under Title 9 of this article may be eligible for benefits under this title. 20
454	454
455	455	8.3–703. 21
456	456
457	457	(a) (1) THIS SECTION DOES NOT APPLY TO A COVERED I NDIVIDUAL WHO 22
458	458	IS AN ALTERNATIVELY QUALIFI ED INDIVIDUAL. 23
459	459
460	460	(2) For the purposes of this section: 24
461	461
462	462	[(1)] (I) the covered individual’s average weekly wage shall be calculated 25
463	463	as the total wages received by the covered individual in the highest of the previous four 26
464	464	completed calendar quarters for which quarterly reports have been required, divided by 13; 27
465	465	and 28
466	466
467	467	[(2)] (II) the State average weekly wage shall be the wage calculated 29
468	468	under § 9–603 of this article. 30
469	469
470	470	8.3–703.1. 31
471	471
472	472	(A) THIS SECTION APPL IES ONLY TO A COVERED INDIVID UAL WHO IS AN 32
473	473	ALTERNATIVELY QUALIF IED INDIVIDUAL. 33
474	474	HOUSE BILL 824 11
475	475
476	476
477	477	(B) (1) THE BENEFIT AMOUNT PA YABLE TO A COVERED INDIVIDUAL 1
478	478	UNDER THIS TITLE SHA LL BE A ONE–TIME PAYMENT DURING THE APPLICATI ON 2
479	479	YEAR OF: 3
480	480
481	481	(I) FOR THE 6–MONTH PERIOD BEGINNI NG JULY 1, 2027, 4
482	482	$2,000; AND 5
483	483
484	484	(II) FOR THE 12–MONTH PERIOD BEGINNI NG JANUARY 1, 2028, 6
485	485	AND EACH SUBSEQUENT 12–MONTH PERIOD , THE AMOUNT DETERMINED AND 7
486	486	ANNOUNCED BY THE SECRETARY UNDER PARAG RAPH (2)(III) OF THIS SUBSECTION . 8
487	487
488	488	(2) (I) IN THIS PARAGRAPH , “CONSUMER PRICE INDEX” MEANS 9
489	489	THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE 10
490	490	WASHINGTON–ARLINGTON–ALEXANDRIA, DC–VA–MD–WV METROPOLITAN AREA 11
491	491	OR A SUCCESSOR INDEX PUBLISHED BY THE FED ERAL BUREAU OF LABOR 12
492	492	STATISTICS. 13
493	493
494	494	(II) SUBJECT TO SUBSECTION (E) OF THIS SECTION , FOR THE 14
495	495	12–MONTH PERIOD BEGINNING JANUARY 1, 2028, AND EACH SUBSEQUENT 15
496	496	12–MONTH PERIOD , THE BENEFIT AMOUNT PAYABLE UNDER THIS S ECTION SHALL 16
497	497	BE INCREASED BY THE AMOUNT, ROUNDED TO THE NEARE ST CENT, THAT EQUALS 17
498	498	THE PRODUCT OF : 18
499	499
500	500	1. THE BENEFIT AMOUNT I N EFFECT FOR THE 19
501	501	IMMEDIATELY PRECEDIN G 12–MONTH PERIOD ; AND 20
502	502
503	503	2. THE ANNUAL PERCENTAG E GROWTH IN THE 21
504	504	CONSUMER PRICE INDEX FOR THE IMMEDIA TELY PRECEDING 12–MONTH PERIOD , 22
505	505	AS DETERMINED BY THE SECRETARY UNDER SUBPA RAGRAPH (III)1 OF THIS 23
506	506	PARAGRAPH . 24
507	507
508	508	(III) BEGINNING SEPTEMBER 1, 2027, AND ON EACH 25
509	509	SUBSEQUENT SEPTEMBER 1, THE SECRETARY SHALL DETER MINE AND ANNOUNCE : 26
510	510
511	511	1. THE ANNUAL PERCENTAG E GROWTH, IF ANY, IN THE 27
512	512	CONSUMER PRICE INDEX BASED ON THE MO ST RECENT 12–MONTH PERIOD FOR 28
513	513	WHICH DATA ARE AVAIL ABLE ON SEPTEMBER 1; AND 29
514	514
515	515	2. THE BENEFIT AMOUNT E FFECTIVE FOR THE 30
516	516	12–MONTH PERIOD BEGINNI NG THE IMMEDIATELY F OLLOWING JANUARY 1. 31
517	517	12 HOUSE BILL 824
518	518
519	519
520	520	(C) AN INCREASE IN THE BE NEFIT AMOUNT UNDER S UBSECTION (B)(2) OF 1
521	521	THIS SECTION APPLIES ONLY TO A CLAIM FOR BENEFITS THAT BEGINS AFTER THE 2
522	522	DATE THE INCREASE BECOMES EFFECTIVE. 3
523	523
524	524	(D) THE DEPARTMENT SHALL : 4
525	525
526	526	(1) IF THE COVERED INDIV IDUAL IS EMPLOYED , NOTIFY THE 5
527	527	EMPLOYER OF A COVERE D INDIVIDUAL WITHIN 5 BUSINESS DAYS AFTER THE 6
528	528	COVERED INDIVIDUAL F ILES A COMPLETED APP LICATION FOR BENEFIT S UNDER 7
529	529	THIS TITLE; 8
530	530
531	531	(2) NOTIFY THE COVERED I NDIVIDUAL WITHIN 5 BUSINESS DAYS 9
532	532	AFTER THE INDIVIDUAL FILES AN APPLICATION , IF THE APPLICATION I S 10
533	533	CONSIDERED TO BE INC OMPLETE UNDER § 8.3–701(B)(2) OF THIS SUBTITLE DUE TO 11
534	534	MISSING INFORMATION THAT IS NECESSARY TO COMPLETE THE CLAIM; 12
535	535
536	536	(3) APPROVE OR DENY THE CLAIM AND NOTIFY THE COVERED 13
537	537	INDIVIDUAL AND THE C OVERED INDIVIDUAL ’S EMPLOYER WITHIN 10 BUSINESS 14
538	538	DAYS AFTER THE COVER ED INDIVIDUAL FILES THE COMPLETED APPLIC ATION; AND 15
539	539
540	540	(4) MAKE THE PAYMENT OF BENEFITS TO A COVERED I NDIVIDUAL 16
541	541	WITHIN 5 BUSINESS DAYS AFTER THE COMPLETED APPLIC ATION IS APPROVED OR , 17
542	542	IF THE COVERED INDIV IDUAL IS EMPLOYED , THE LEAVE HAS STARTE D, WHICHEVER 18
543	543	IS LATER. 19
544	544
545	545	(E) (1) IN THIS SUBSECTION , “BOARD” MEANS THE BOARD OF PUBLIC 20
546	546	WORKS. 21
547	547
548	548	(2) SUBJECT TO PARA GRAPH (4) OF THIS SUBSECTION , ON OR 22
549	549	BEFORE SEPTEMBER 1 EACH YEAR, BEGINNING IN 2027, THE BOARD SHALL 23
550	550	DETERMINE WHETHER TH E SEASONALLY ADJUSTE D TOTAL EMPLOYMENT F ROM 24
551	551	THE CURRENT EMPLOYMENT STATISTICS SERIES AS REPORTED BY THE U.S. 25
552	552	BUREAU OF LABOR STATISTICS FOR THE MOST RECENT 6–MONTH PERIOD IS 26
553	553	NEGATIVE AS COMPARED WITH THE IMMEDIATELY PRECEDING 6–MONTH PERIOD . 27
554	554
555	555	(3) (I) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , THE 28
556	556	BOARD MAY TEMPORARILY SUSPEND AN INCREASE IN THE BENEFIT SPECI FIED 29
557	557	UNDER SUBSECTION (B)(2)(II) OF THIS SECTION IF T HE BOARD DETERMINED UNDE R 30
558	558	PARAGRAPH (2) OF THIS SUBSECTION T HAT THE SEASONALLY A DJUSTED TOTAL 31
559	559	EMPLOYMENT IS NEGATI VE. 32
560	560
561	561	(II) IF THE SEASONALLY ADJ USTED TOTAL EMPLOYME NT IS 33
562	562	NEGATIVE, THE BOARD MAY CONSIDER TH E PERFORMANCE OF STATE REVENUES IN 34 HOUSE BILL 824 13
563	563
564	564
565	565	THE IMMEDIATELY PREC EDING 6 MONTHS, AS REPORTED BY THE OFFICE OF THE 1
566	566	COMPTROLLER , IN DETERMINING WHETH ER TO TEMPORARILY SU SPEND AN 2
567	567	INCREASE TO THE BENE FIT SPECIFIED UNDER SUBSECTION (B)(2)(II) OF THIS 3
568	568	SECTION. 4
569	569
570	570	(4) IF THE BOARD TEMPORARILY SUSPENDS AN INCREASE TO THE 5
571	571	BENEFIT SPECIFIED UN DER SUBSECTION (B)(1) OF THIS SECTION: 6
572	572
573	573	(I) THE BENEFIT IN EFFEC T FOR THE PERIOD BEG INNING THE 7
574	574	FOLLOWING JANUARY 1 SHALL REMAIN THE SAM E AS THE RATE THAT W AS IN 8
575	575	EFFECT FOR THE IMMED IATELY PRECEDING 12–MONTH PERIOD; AND 9
576	576
577	577	(II) THE BOARD SHALL NOTIFY TH E SECRETARY THAT THE 10
578	578	BENEFIT INCREASE FOR THE PERIOD BEGINNING THE FOLLOWING JANUARY 1 IS 11
579	579	SUSPENDED FOR 1 YEAR. 12
580	580
581	581	(F) THE DEPARTMENT SHALL NOTI FY EACH EMPLOYER OF THE INCREASE 13
582	582	TO THE BENEFIT SPECI FIED UNDER SUBSECTION (B)(2)(II) OF THIS SECTION. 14
583	583
584	584	8.3–705. 15
585	585
586	586	(a) (1) An employer authorized by the Secretary may satisfy the requirements 16
587	587	of this title through a private employer plan consisting of employer–provided benefits or 17
588	588	insurance through an insurer that holds a certificate of authority issued by the Maryland 18
589	589	Insurance Commissioner if the private employer plan is provided to all of the employer’s 19
590	590	eligible employees and meets or exceeds the rights, protections, and benefits provided to a 20
591	591	covered employee under this title. 21
592	592
593	593	(2) (i) To determine the benefit amount under a private employer plan, 22
594	594	the weekly benefit amount shall be based on the average weekly wage earned from the 23
595	595	employer sponsoring the private employer plan. 24
596	596
597	597	(ii) Notwithstanding subparagraph (i) of this paragraph, if an 25
598	598	individual has worked less than 680 hours for the employer sponsoring the private 26
599	599	employer plan, the weekly benefit amount shall be based on the average weekly wage under 27
600	600	§ 8.3–703(a) of this subtitle. 28
601	601
602	602	(iii) This subsection may not be construed to prevent a private 29
603	603	employer plan from providing a benefit that is greater than that provided in § 8.3–703(a) 30
604	604	of this subtitle. 31
605	605
606	606	(b) (1) A private employer plan shall be filed with the Department for 32
607	607	approval. 33
608	608	14 HOUSE BILL 824
609	609
610	610
611	611	(2) (i) The Secretary shall establish reasonable criteria for determining 1
612	612	which employers are authorized to meet the requirements of this title through 2
613	613	employer–provided benefits. 3
614	614
615	615	(ii) The criteria established under subparagraph (i) of this 4
616	616	paragraph may include the employer’s: 5
617	617
618	618	1. number of employees; 6
619	619
620	620	2. capitalization; 7
621	621
622	622	3. bondedness; and 8
623	623
624	624	4. status as a government employer. 9
625	625
626	626	(3) The Department may adopt regulations that establish reasonable 10
627	627	application and application renewal fees for private employer plans under this section. 11
628	628
629	629	(4) THE SECRETARY SHALL ADOPT REGULATIONS REGARDIN G THE 12
630	630	ESTABLISHMENT OF PRI VATE EMPLOYER PLANS WITH RESPECT TO BENE FITS PAID 13
631	631	TO A COVERED INDIVID UAL WHO IS AN ALTERNATIVELY QUALIF IED INDIVIDUAL. 14
632	632
633	633	(c) An employer that provides covered employees with a private employer plan 15
634	634	and an employee that is covered by a private employer plan are exempt from the 16
635	635	contributions required under Subtitle 6 of this title. 17
636	636
637	637	(d) An employer that provides a private employer plan may not deduct from an 18
638	638	employee more than 50% of the contribution amount set by the Department under § 19
639	639	8.3–601(b) of this title. 20
640	640
641	641	8.3–706. 21
642	642
643	643	(a) This section does not apply to an employer who is an individual with a 22
644	644	developmental disability, and who self–directs services under the Maryland Medicaid 23
645	645	Home– and Community–Based Services Waiver Program. 24
646	646
647	647	(b) Except as provided in subsection (c)(2) of this section, if a covered individual 25
648	648	receives benefits under this title or takes leave from work for which benefits may be paid 26
649	649	under this title, the employer of the covered individual shall, on the expiration of the leave, 27
650	650	restore the covered individual to an equivalent position of employment. 28
651	651
652	652	(c) An employer may: 29
653	653
654	654	(1) during a period of leave from work for which benefits may be paid under 30
655	655	this title, terminate employment of the covered individual taking the leave only for cause; 31
656	656	and 32
657	657	HOUSE BILL 824 15
658	658
659	659
660	660	(2) deny restoration of a covered individual’s position of employment under 1
661	661	subsection (b) of this section if: 2
662	662
663	663	(i) the denial is necessary to prevent substantial and grievous 3
664	664	economic injury to the operations of the employer; 4
665	665
666	666	(ii) the employer notifies the covered individual of the intent of the 5
667	667	employer to deny restoration of the covered individual’s position of employment at the time 6
668	668	the employer determines the economic injury would occur; and 7
669	669
670	670	(iii) if the leave has already begun in a case of leave from work for 8
671	671	which benefits may be paid under this title, the covered individual elects not to return to 9
672	672	employment after receiving notice of the employer’s intention to deny restoration of the 10
673	673	covered individual’s position of employment. 11
674	674
675	675	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
676	676	1, 2025. 13