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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *sb0355* |
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6 | 6 | | |
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7 | 7 | | SENATE BILL 355 |
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8 | 8 | | K3 5lr2607 |
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9 | 9 | | |
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10 | 10 | | By: Senator Hershey |
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11 | 11 | | Introduced and read first time: January 16, 2025 |
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12 | 12 | | Assigned to: Finance |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | Family and Medical Leave Insurance Program – Delay of Implementation 2 |
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19 | 19 | | |
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20 | 20 | | FOR the purpose of altering the dates on which the payment of contributions and the 3 |
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21 | 21 | | submission of claims for benefits are to begin under the Family and Medical Leave 4 |
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22 | 22 | | Insurance Program; and generally relating to the Family and Medical Leave 5 |
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23 | 23 | | Insurance Program. 6 |
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24 | 24 | | |
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25 | 25 | | BY repealing and reenacting, with amendments, 7 |
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26 | 26 | | Article – Labor and Employment 8 |
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27 | 27 | | Section 8.3–601(a)(1), (b), (c)(1), and (d), 8.3–701(a)(1), and 8.3–703(b)(3) and (4) and 9 |
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28 | 28 | | (e)(2) 10 |
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29 | 29 | | Annotated Code of Maryland 11 |
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30 | 30 | | (2016 Replacement Volume and 2024 Supplement) 12 |
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31 | 31 | | |
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32 | 32 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 |
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33 | 33 | | That the Laws of Maryland read as follows: 14 |
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34 | 34 | | |
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35 | 35 | | Article – Labor and Employment 15 |
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36 | 36 | | |
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37 | 37 | | 8.3–601. 16 |
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38 | 38 | | |
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39 | 39 | | (a) (1) Beginning July 1, [2025] 2027, each employee of an employer, each 17 |
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40 | 40 | | employer with 15 or more employees, and each self–employed individual participating in 18 |
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41 | 41 | | the Program shall contribute to the Fund. 19 |
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42 | 42 | | |
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43 | 43 | | (b) (1) Subject to subsection (a)(2) of this section, on or before February 1, 20 |
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44 | 44 | | [2025] 2027, the Secretary shall set the total rate of contribution based on available cost 21 |
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45 | 45 | | analyses of the Program. 22 |
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46 | 46 | | 2 SENATE BILL 355 |
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47 | 47 | | |
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48 | 48 | | |
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49 | 49 | | (2) The rate set under paragraph (1) of this subsection shall be in effect for 1 |
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50 | 50 | | the period from July 1, [2025] 2027, to June 30, [2026] 2028, both inclusive. 2 |
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51 | 51 | | |
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52 | 52 | | (c) (1) On or before November 15 each year, beginning in [2026] 2028, the 3 |
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53 | 53 | | Secretary shall conduct a cost analysis of the Program that is focused on the cost of 4 |
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54 | 54 | | maintaining solvency and paying benefits to covered individuals that will be used to 5 |
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55 | 55 | | determine the appropriate total rate of contribution to the Fund. 6 |
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56 | 56 | | |
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57 | 57 | | (d) (1) Subject to paragraph (2) of this subsection and subsection (a)(2) of this 7 |
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58 | 58 | | section, on or before February 1 each year, beginning in [2026] 2028, the Secretary shall 8 |
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59 | 59 | | set the total rate of contribution that will be in effect for the 12–month period beginning on 9 |
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60 | 60 | | the immediately following July 1. 10 |
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61 | 61 | | |
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62 | 62 | | (2) The rate set under paragraph (1) of this subsection shall be based on 11 |
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63 | 63 | | the cost analysis required under subsection (c) of this section. 12 |
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64 | 64 | | |
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65 | 65 | | 8.3–701. 13 |
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66 | 66 | | |
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67 | 67 | | (a) (1) Subject to paragraph (2) of this subsection, beginning July 1, [2026] 14 |
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68 | 68 | | 2028, a covered individual taking leave from employment may submit a claim for benefits: 15 |
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69 | 69 | | |
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70 | 70 | | (i) 1. to care for a newborn child of the covered individual during 16 |
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71 | 71 | | the first year after the child’s birth; or 17 |
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72 | 72 | | |
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73 | 73 | | 2. because a child is being placed for adoption, foster care, or 18 |
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74 | 74 | | kinship care with the covered individual or to care for or bond with the child during the 19 |
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75 | 75 | | first year after the placement; 20 |
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76 | 76 | | |
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77 | 77 | | (ii) to care for a family member with a serious health condition; 21 |
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78 | 78 | | |
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79 | 79 | | (iii) to attend to a serious health condition that results in the covered 22 |
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80 | 80 | | individual being unable to perform the functions of the covered individual’s position; 23 |
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81 | 81 | | |
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82 | 82 | | (iv) to care for a service member with a serious health condition 24 |
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83 | 83 | | resulting from military service for whom the covered individual is next of kin; or 25 |
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84 | 84 | | |
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85 | 85 | | (v) to attend to a qualifying exigency arising out of the deployment 26 |
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86 | 86 | | of a service member who is a family member of the covered individual. 27 |
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87 | 87 | | |
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88 | 88 | | 8.3–703. 28 |
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89 | 89 | | |
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90 | 90 | | (b) (3) The weekly benefit amount payable under paragraph (1) of this 29 |
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91 | 91 | | subsection: 30 |
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92 | 92 | | |
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93 | 93 | | (i) shall be at least $50; and 31 |
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94 | 94 | | |
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95 | 95 | | (ii) may not exceed: 32 SENATE BILL 355 3 |
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96 | 96 | | |
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97 | 97 | | |
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98 | 98 | | |
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99 | 99 | | 1. for the 6–month period beginning July 1, [2026] 2028, 1 |
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100 | 100 | | $1,000; and 2 |
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101 | 101 | | |
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102 | 102 | | 2. for the 12–month period beginning January 1, [2027] 3 |
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103 | 103 | | 2029, and each subsequent 12–month period, the amount determined and announced by 4 |
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104 | 104 | | the Secretary under paragraph (4) of this subsection. 5 |
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105 | 105 | | |
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106 | 106 | | (4) (i) In this paragraph, “Consumer Price Index” means the Consumer 6 |
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107 | 107 | | Price Index for All Urban Consumers for the Washington –Arlington–Alexandria, 7 |
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108 | 108 | | DC–VA–MD–WV metropolitan area or a successor index published by the federal Bureau 8 |
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109 | 109 | | of Labor Statistics. 9 |
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110 | 110 | | |
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111 | 111 | | (ii) Subject to subsection (e) of this section, for the 12–month period 10 |
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112 | 112 | | beginning January 1, [2027] 2029, and each subsequent 12–month period, the maximum 11 |
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113 | 113 | | weekly benefit amount shall be increased by the amount, rounded to the nearest cent, that 12 |
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114 | 114 | | equals the product of: 13 |
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115 | 115 | | |
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116 | 116 | | 1. the maximum weekly benefit amount in effect for the 14 |
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117 | 117 | | immediately preceding 12–month period; and 15 |
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118 | 118 | | |
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119 | 119 | | 2. the annual percentage growth in the Consumer Price 16 |
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120 | 120 | | Index for the immediately preceding 12–month period, as determined by the Secretary 17 |
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121 | 121 | | under subparagraph (iii)1 of this paragraph. 18 |
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122 | 122 | | |
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123 | 123 | | (iii) Beginning September 1, [2026] 2028, and on each subsequent 19 |
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124 | 124 | | September 1, the Secretary shall determine and announce: 20 |
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125 | 125 | | |
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126 | 126 | | 1. the annual percentage growth, if any, in the Consumer 21 |
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127 | 127 | | Price Index based on the most recent 12–month period for which data are available on 22 |
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128 | 128 | | September 1; and 23 |
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129 | 129 | | |
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130 | 130 | | 2. the maximum weekly benefit amount effective for the 24 |
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131 | 131 | | 12–month period beginning the immediately following January 1. 25 |
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132 | 132 | | |
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133 | 133 | | (e) (2) Subject to paragraph (4) of this subsection, on or before September 1 26 |
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134 | 134 | | each year, beginning in [2026] 2028, the Board shall determine whether the seasonally 27 |
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135 | 135 | | adjusted total employment from the Current Employment Statistics series as reported by 28 |
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136 | 136 | | the U.S. Bureau of Labor Statistics for the most recent 6–month period is negative as 29 |
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137 | 137 | | compared with the immediately preceding 6–month period. 30 |
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138 | 138 | | |
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139 | 139 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31 |
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140 | 140 | | October 1, 2025. 32 |
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