Maryland 2025 Regular Session

Maryland Senate Bill SB58 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	sb0058
6	6
7	7	SENATE BILL 58
8	8	K3 5lr0827
9	9	(PRE–FILED)
10	10	By: Senator Benson
11	11	Requested: September 13, 2024
12	12	Introduced and read first time: January 8, 2025
13	13	Assigned to: Finance
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Labor and Employment – Parental School Engagement Leave Act 2
20	20
21	21	FOR the purpose of requiring certain employers to provide certain employees with parental 3
22	22	school engagement leave to attend meetings and conferences relating to the 4
23	23	schooling of the employee’s child; requiring the State Superintendent of Schools and 5
24	24	the Commissioner of Labor to provide notice of certain requirements of this Act and 6
25	25	develop and make available a document that may be used to validate an employee’s 7
26	26	use of parental school engagement leave; and generally relating to parental school 8
27	27	engagement leave. 9
28	28
29	29	BY adding to 10
30	30	Article – Labor and Employment 11
31	31	Section 3–1801 through 3–1805 to be under the new subtitle “Subtitle 18. Parental 12
32	32	School Engagement Leave Act” 13
33	33	Annotated Code of Maryland 14
34	34	(2016 Replacement Volume and 2024 Supplement) 15
35	35
36	36	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
37	37	That the Laws of Maryland read as follows: 17
38	38
39	39	Article – Labor and Employment 18
40	40
41	41	SUBTITLE 18. PARENTAL SCHOOL ENGAGEMENT LEAVE ACT. 19
42	42
43	43	3–1801. 20
44	44
45	45	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21
46	46	INDICATED. 22
47	47	2 SENATE BILL 58
48	48
49	49
50	50	(B) “CHILD” MEANS A BIOLOGICAL CHILD, AN ADOPTED CHILD, A FOSTER 1
51	51	CHILD, A STEPCHILD, OR A LEGAL WARD OF A N EMPLOYEE WHO IS ENROLLED IN A 2
52	52	SCHOOL. 3
53	53
54	54	(C) (1) “EMPLOYER” MEANS A PERSON THAT EMPLOYS AT LEAST 50 4
55	55	INDIVIDUALS IN THE STATE. 5
56	56
57	57	(2) “EMPLOYER” INCLUDES A UNIT OF STATE OR LOCAL 6
58	58	GOVERNMENT . 7
59	59
60	60	(D) “PARENTAL SCHOOL ENGAG EMENT LEAVE ” MEANS LEAVE AWAY FRO M 8
61	61	WORK THAT IS PROVIDE D BY AN EMPLOYER UND ER § 3–1803 OF THIS SUBTITLE. 9
62	62
63	63	(E) “SCHOOL” MEANS AN ELEMENTARY OR A SECONDARY PUBLI C OR 10
64	64	NONPUBLIC SCHOOL THAT IS LOCATED IN THE STATE OR A STATE THAT SHARES A 11
65	65	COMMON BOUNDARY WITH THE STATE. 12
66	66
67	67	(F) “SCHOOL ADMINISTRATOR ” MEANS THE PRINCIPAL OR A SIMILAR 13
68	68	ADMINISTRATOR WHO IS RESPONSIBLE FOR THE OPERATIONS OF A SCHO OL. 14
69	69
70	70	3–1802. 15
71	71
72	72	THIS SUBTITLE MAY NOT BE CONSTRUED TO LIMIT OR OTHER WISE AFFECT 16
73	73	ANY OTHER LAW , EMPLOYER POLICY , OR COLLECTIVE BARGAI NING AGREEMENT 17
74	74	THAT PROVIDES FOR PA RENTAL SCHOOL ENGAGE MENT LEAVE BENEFITS THAT ARE 18
75	75	MORE GENEROUS THAN R EQUIRED UNDER THIS S UBTITLE. 19
76	76
77	77	3–1803. 20
78	78
79	79	(A) AN EMPLOYER SHALL PRO VIDE AN EMPLOYEE WIT H AT LEAST 12 HOURS 21
80	80	OF PAID PARENTAL SCHOOL ENGA GEMENT LEAVE EACH SCHOOL YEAR IF THE 22
81	81	EMPLOYEE: 23
82	82
83	83	(1) HAS BEEN EMPLOYED BY THE EMPLOYER FOR AT LEAST 6 24
84	84	CONSECUTIVE MONTHS ; AND 25
85	85
86	86	(2) HAS WORKED AN AVERAGE NUMBER OF HOURS PER WEEK IN A 26
87	87	POSITION EQUAL TO AT LEAST 50% OF THE FULL –TIME EQUIVALENT AMOU NT 27
88	88	REQUIRED FOR TH E POSITION, IN ACCORDANCE WITH T HE EMPLOYER ’S POLICY OR 28
89	89	PRACTICES OR A COLLE CTIVE BARGAINING AGR EEMENT. 29
90	90
91	91	(B) (1) AN EMPLOYEE MAY USE P ARENTAL SCHOOL ENGAG EMENT LEAVE 30
92	92	TO ATTEND SCHOOL MEETINGS AND CONFERE NCES FOR THE EMPLOYEE’S CHILD. 31 SENATE BILL 58 3
93	93
94	94
95	95
96	96	(2) PARENTAL SCHOOL ENGAG EMENT LEAVE SHALL BE : 1
97	97
98	98	(I) PAID AT THE REGULAR RATE OF PAY EARNED BY THE 2
99	99	EMPLOYEE; AND 3
100	100
101	101	(II) SEPARATE FROM ANY OT HER LEAVE BENEFITS P ROVIDED 4
102	102	BY THE EMPLOYER . 5
103	103
104	104	(3) AN EMPLOYER MAY NOT REQUIRE AN EMPLOYEE TO EXHAUST ANY 6
105	105	OTHER LEAVE BENEFITS BEFORE USING PARENTA L SCHOOL ENGAGEMENT LEAVE. 7
106	106
107	107	(4) AN EMPLOYER IS NOT REQUIRED TO PAY OUT ON THE 8
108	108	TERMINATION OF EMPLO YMENT UNUSED PARENTA L SCHOOL ENGAGEMENT LEAVE. 9
109	109
110	110	(5) AN EMPLOYER MAY NOT B E REQUIRED TO ALLOW AN EMPLOYEE 10
111	111	TO USE MORE THAN 4 HOURS OF PARENTAL SCHOOL ENGAGEMENT LEAVE AT A TIME. 11
112	112
113	113	(6) AN EMPLOYEE MAY NOT C ARRY OVER UNUSED PAR ENTAL SCHOOL 12
114	114	ENGAGEMENT LEAVE TO THE FOLLOWING SCHOOL YEAR. 13
115	115
116	116	(C) (1) IF THE NEED TO USE PARENTAL SCHOO L ENGAGEMENT LEAVE I S 14
117	117	FORESEEABLE , AN EMPLOYEE SHALL PRO VIDE TO THE EMPLOYER A WR ITTEN 15
118	118	REQUEST TO TAKE THE PARENTAL SCHOOL ENGA GEMENT LEAVE AT LEAST 4 16
119	119	CALENDAR DAYS BEFORE THE DATE OF THE SCHOOL MEETING OR CONFERENC E. 17
120	120
121	121	(2) IF THE NEED TO USE PARENTAL SCHO OL ENGAGEMENT LEAVE IS 18
122	122	UNFORESEEABLE , AN EMPLOYEE SHALL : 19
123	123
124	124	(I) PROVIDE NOTICE TO AN EMPLOYER AS SOON AS 20
125	125	PRACTICABLE ; AND 21
126	126
127	127	(II) GENERALLY COMPLY WIT H THE EMPLOYER ’S NOTICE OR 22
128	128	PROCEDURAL REQUIREME NTS FOR REQUESTING O R REPORTING OTHER LE AVE, IF 23
129	129	THOSE REQUIREMENTS D O NOT INTERFERE WITH THE EMPLOYEE ’S ABILITY TO USE 24
130	130	PARENTAL SCHOOL ENGA GEMENT LEAVE . 25
131	131
132	132	(3) AN EMPLOYER MAY DENY A REQUEST TO USE PARENTAL SC HOOL 26
133	133	ENGAGEMENT LEAVE IF : 27
134	134
135	135	(I) 1. AN EMPLOYEE FAILS TO PROVIDE THE NOTICE 28
136	136	REQUIRED UNDER PARAG RAPH (2) OF THIS SUBSECTION ; AND 29
137	137	4 SENATE BILL 58
138	138
139	139
140	140	2. THE EMPLOYEE ’S ABSENCE WILL CAUSE A 1
141	141	DISRUPTION TO THE EM PLOYER; OR 2
142	142
143	143	(II) GRANTING THE LEAVE R EQUEST WOULD CAUSE MORE THAN 3
144	144	5% OF THE EMPLOYER ’S TOTAL WORKFORCE OR WORKFORCE SHIFT , WHICHEVER IS 4
145	145	APPLICABLE, TO TAKE PARENTAL SCHOOL ENGA GEMENT LEAVE AT THE SAME TIME . 5
146	146
147	147	(D) (1) ON REQUEST BY AN EMPLOY EE WHO USES PARENTAL SCHOOL 6
148	148	ENGAGEMENT LEAVE TO ATTEND A SCHOOL MEETING OR CONFERENCE , A SCHOOL 7
149	149	ADMINISTRATOR SHALL PROVIDE TO THE EMPLO YEE DOCUMENTATION THAT 8
150	150	INDICATES THE EXACT TIME AND DATE OF THE MEETING OR CONFE RENCE. 9
151	151
152	152	(2) TO BE CONSIDERED A VA LID USE OF PARENTAL SCHOOL 10
153	153	ENGAGEMENT LEAVE THA T IS NOT SUBJ ECT TO ADVERSE ACTION UNDER AN 11
154	154	EMPLOYER POLICY , AN EMPLOYEE SHALL SUBMI T TO THE EMPLOYER THE 12
155	155	DOCUMENTATION OBTAIN ED UNDER PARAGRAPH (1) OF THIS SUBSECTION WITHIN 13
156	156	2 BUSINESS DAYS AFTER THE MEETING OR CONFERENC E OCCURS. 14
157	157
158	158	(3) THE STATE SUPERINTENDENT OF SCHOOLS AND THE 15
159	159	COMMISSION ER JOINTLY SHALL DEVELOP AND MA KE AVAILABLE A MODEL 16
160	160	DOCUMENT THAT MAY BE USED TO SATISFY THE REQUIREM ENTS OF THIS 17
161	161	SUBSECTION. 18
162	162
163	163	3–1804. 19
164	164
165	165	IF AN EMPLOYER FAILS TO COMPLY WITH THE REQU IREMENTS OF THIS 20
166	166	SUBTITLE, THE COMMISSION MAY ASSESS THE EMPLOYER A CIVIL PENALTY NOT 21
167	167	EXCEEDING $100 FOR EACH EMPLOYEE WITH RESPECT TO WHIC H THE EMPLOYER IS 22
168	168	NOT IN COMPLIANCE WI TH THIS SUBTITLE . 23
169	169
170	170	3–1805. 24
171	171
172	172	(A) FOR SCHOOLS LOCATED I N THE STATE, THE STATE SUPERINTENDENT 25
173	173	OF SCHOOLS SHALL NOTIFY THE SCHOOL ADMINISTRATOR S, PARENTS, AND 26
174	174	GUARDIANS OF THE REQUIRE MENTS OF THIS SUBTITLE. 27
175	175
176	176	(B) THE COMMISSIONER SHALL : 28
177	177
178	178	(1) NOTIFY EMPLOYER S OF THE REQUIREMENTS OF THIS SUBTITLE; 29
179	179	AND 30
180	180
181	181	(2) ADOPT REGULATIONS TO CARRY OUT THIS SUBTI TLE. 31
182	182	SENATE BILL 58 5
183	183
184	184
185	185	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
186	186	October 1, 2025. 2