In this subtitle the following words have the meanings indicated. “Emergency” means a catastrophic health emergency, as defined under § 14–3A–01 of the Public Safety Article, that is the subject of an executive proclamation under § 14–3A–02 of the Public Safety Article and is related to a communicable disease. “Essential employer” means a person that employs an essential worker. “Essential employer” includes a unit of State or local government. “Essential worker” means an individual who: performs a duty or work responsibility during an emergency that cannot be performed remotely or is required to be completed at the work site; and provides services that the essential employer determines to be essential or critical to its operations.

This subtitle applies only to essential employers in industries and sectors identified by the Governor or a federal or State agency as critical to remain in operation during the emergency.

During an emergency, each essential employer shall: provide working conditions that comply with applicable safety standards adopted by a federal or State agency; subject to availability, provide necessary amounts of safety equipment recommended for usage during the emergency at no cost to essential workers; adopt, maintain, and post written protocols to ensure an essential worker’s access to information regarding the applicable safety standards in effect during the emergency; and provide or implement any other measures or requirements set by the Governor or a federal or State agency to ensure the general health and safety of essential workers.

An essential worker has a right to refuse to perform an assigned task as provided under § 5–604 of this article and corollary regulations.

During an emergency, if an essential worker or any other worker has contracted the communicable disease that is the subject of the emergency at a work site, the essential employer shall take proactive steps to minimize the risk of transmission, including informing essential workers that they may have been exposed. Except as provided in paragraph (2) of this subsection, if an essential worker’s health insurance coverage or other benefits do not cover the cost of testing for the communicable disease that is the subject of the emergency, during an emergency, the essential employer shall pay for testing for the communicable disease. An essential employer is not subject to the requirement under paragraph (1) of this subsection if an essential worker is able to obtain testing free of charge. Subject to paragraph (2) of this subsection, each essential employer shall report all positive test results to the Maryland Department of Health. When reporting to the Maryland Department of Health, the essential employer shall: include demographic information about the essential worker; and redact any personal identifying information to protect the identity of the essential worker. The Maryland Department of Health shall collect positive test results, categorize the results by industry, and publish the results in a format that is readily accessible to the general public. The Commissioner shall adopt regulations as necessary to carry out this section.

In this section the following words have the meanings indicated. “Family member” means: a biological child, an adopted child, a foster child, or a stepchild of the essential worker; a child for whom the essential worker has legal or physical custody or guardianship; a child for whom the essential worker stands in loco parentis, regardless of the child’s age; a biological parent, an adoptive parent, a foster parent, or a stepparent of the essential worker or of the essential worker’s spouse; the legal guardian or ward of the essential worker or of the essential worker’s spouse; an individual who acted as a parent or stood in loco parentis to the essential worker or the essential worker’s spouse when the essential worker or the essential worker’s spouse was a minor; the spouse of the essential worker; a biological grandparent, an adoptive grandparent, a foster grandparent, or a stepgrandparent of the essential worker; a biological grandchild, an adopted grandchild, a foster grandchild, or a stepgrandchild of the essential worker; or a biological sibling, an adopted sibling, a foster sibling, or a stepsibling of the essential worker. “Public health emergency leave” means paid leave that an essential employer provides to an essential worker during an emergency as required under subsection (d) of this section. This section applies only if the federal or State government provides funding that can be used for public health emergency leave. An essential employer shall provide an essential worker with public health emergency leave on the date the funding is made available to the essential employer. An essential employer shall provide paid public health emergency leave: in addition to any other leave or benefit, including earned sick and safe leave under Subtitle 13 of this title; and in the following amounts: if specified in a federal program, order, law, or regulation, the amount provided for under the program, order, law, or regulation; or if not specified in a federal program, order, law, or regulation: for full–time essential workers who regularly work 40 or more hours per week, 112 hours; for part–time essential workers who regularly work less than 40 hours per week, an amount of hours equivalent to the average hours worked during a typical 4–week working period; for essential workers whose schedules and amount of hours worked vary from week to week, the average number of hours that the essential worker was scheduled per week over the 6–month period ending on the date on which the emergency is declared or proclaimed; or if the essential worker did not work during the 6–month period ending on the date on which the emergency is declared or proclaimed, the reasonable expectation of the essential worker at the time of hiring or the average number of hours per week that the worker would normally be scheduled to work, whichever is greater. Each essential employer shall allow an essential worker to use public health emergency leave provided under subsection (c) of this section in relation to an emergency: to isolate without an order to do so because the essential worker: has been diagnosed with the communicable disease that is the subject of the emergency; or is experiencing symptoms associated with the communicable disease that is the subject of the emergency and is awaiting the results of a test to confirm the diagnosis; to seek or obtain a medical diagnosis, preventive care, or treatment because the essential worker is diagnosed with the communicable disease that is the subject of the emergency; to care for a family member who is isolating, without an order to do so, because of a diagnosis of the communicable disease that is the subject of the emergency; due to a determination by a public health official or health care professional that the essential worker’s presence at the place of employment or in the community would jeopardize the health of other individuals because of the essential worker’s exposure to, or exhibited symptoms associated with, the communicable disease that is the subject of the emergency, regardless of whether the essential worker has been diagnosed with the communicable disease; to care for a family member due to a determination by a public health official or health care professional that the family member’s presence at the place of employment or in the community would jeopardize the health of others because of the family member’s exposure to, or exhibited symptoms associated with, the communicable disease that is the subject of the emergency or due to symptoms exhibited regardless of whether the family member has been diagnosed with the communicable disease; or to care for a child or other family member: when the care provider of the family member is unavailable due to the emergency; or if the child’s or family member’s school or place of care has been closed by a federal, State, or local public official or at the discretion of the school or place of care due to the emergency, including if the school or place of care is physically closed but providing instruction remotely. This section may not be construed to: require an essential employer to compensate an essential worker for unused public health emergency leave when the essential worker leaves employment; preempt, limit, or otherwise affect any other law that provides for public health emergency leave benefits that are more generous than required under this section; preempt, limit, or otherwise affect any workers’ compensation benefits that are available under Title 9 of this article; prohibit an essential employer from adopting and enforcing a policy that prohibits the improper use of public health emergency leave, including prohibiting a pattern of abuse of the leave; or prohibit an essential employer from providing additional public health emergency paid leave or any other type of leave. An essential employer may require an essential worker who uses public health emergency leave to provide documentation of the need to use the public health emergency leave. If an essential worker fails or refuses to provide documentation as required by an essential employer under paragraph (1) of this subsection, an essential employer may refuse to pay the essential worker for the public health emergency leave. The Commissioner shall adopt regulations regarding the forms of documentation that an essential employer may require under paragraph (1) of this subsection.

An essential employer may not knowingly misclassify an essential worker as an independent contractor or other classification in order to avoid paying an essential worker any benefits due during an emergency under this subtitle.

If an essential worker believes that an essential employer has violated § 3–1704 of this subtitle: the essential worker may seek enforcement of rights under § 5–604 of this article; and the Commissioner shall respond in accordance with the enforcement provisions under Title 5 of this article. If an essential worker believes that an essential employer has violated § 3–1706 of this subtitle, the essential worker may file a written complaint with the Commissioner. Within 90 days after the receipt of a written complaint, the Commissioner shall conduct an investigation and attempt to resolve the issue informally through mediation. If the Commissioner is unable to resolve an issue through mediation during the period stated in paragraph (2) of this subsection and the Commissioner determines that an essential employer has violated this subtitle, the Commissioner shall issue an order. An order issued under subparagraph (i) of this paragraph: shall describe the violation; shall direct the payment of the full monetary value of any unpaid public health emergency leave and any actual economic damages; may, in the Commissioner’s discretion, direct the payment of an additional amount of up to three times the value of the essential worker’s hourly wage for each violation; and may, in the Commissioner’s discretion, assess a civil penalty of up to $1,000 for each essential worker for whom the employer is not in compliance with this subtitle. The actions taken under paragraphs (2) and (3) of this subsection are subject to the hearing and notice requirements of Title 10, Subtitle 2 of the State Government Article. Within 30 days after the Commissioner issues an order, an employer shall comply with the order. If an essential worker believes that an essential employer has violated any other provision of this subtitle: the essential worker may file a written complaint with the Commissioner; and the Commissioner shall respond in accordance with the enforcement provisions under Title 5 of this article.

This subtitle may be cited as the Maryland Essential Workers’ Protection Act.