Plain Text Law

Title 3. Employment Standards and Conditions — Subtitle 18. Certification of Public Service Employment Under the Federal Public Service Loan Forgiveness Program

Statutes in effect as of October 1, 2026.

Md. Code Ann., Lab. & Empl. § 3-1801 (2026)
Title 3. Employment Standards and Conditions
Subtitle 18. Certification of Public Service Employment Under the Federal Public Service Loan Forgiveness Program

§ 3–1801Copy Citation

(a)
In this subtitle the following words have the meanings indicated.
(b)
“Certify” means to:
(1)
complete the employer sections of the federal Public Service Loan Forgiveness Program form for a current or former employee; or
(2)
share data directly with the U.S. Department of Education about a current or former employee that corresponds to the information required on the federal Public Service Loan Forgiveness Program form.
(c)
“Employee” means an individual who is or was employed by a public service employer.
(d)
“Full–time” has the meaning stated in 34 C.F.R. § 685.219.
(e)
“Institution of higher education” has the meaning stated in § 10–101 of the Education Article.
(f)
“Program” means the federal Public Service Loan Forgiveness Program established under 20 U.S.C. § 1087e(m).
(g)
(1)
“Public service employer” means an employer in the State who is designated as a qualifying employer under the federal Public Service Loan Forgiveness Program, including:
(i)
a State or local government employer, including:
(1)
an office or a department;
(2)
an independent agency;
(3)
a local school system;
(4)
a public institution of higher education;
(5)
a public library system; and
(6)
an authority or other body; and
(ii)
an employer designated as a tax–exempt organization under § 501(c)(3) of the Internal Revenue Code.
(2)
“Public service employer” does not include a federal or tribal nation government organization, agency, or governmental entity.
(h)
“Public Service Loan Forgiveness Program form” means the form used by the U.S. Department of Education to:
(1)
certify an individual’s current or former employment with a public service employer; and
(2)
determine an individual’s eligibility for the purposes of the federal Public Service Loan Forgiveness Program.
(i)
“Student Loan Ombudsman” has the meaning stated in § 2–104.1 of the Financial Institutions Article.
Md. Code Ann., Lab. & Empl. § 3-1802 (2026)
Title 3. Employment Standards and Conditions
Subtitle 18. Certification of Public Service Employment Under the Federal Public Service Loan Forgiveness Program

§ 3–1802Copy Citation

(a)
This section may not be construed to require a public service employee to increase the number of hours that the employee works for the public service employer.
(b)
Notwithstanding any other provision of law, for the purposes of certifying employment for the Program, a public service employer shall:
(1)
adopt a policy calculating hours worked using a method that maximizes the amount of time for which an employee can be considered full–time; and
(2)
consider as full–time an employee who satisfies or satisfied the minimum amount of time required to qualify as full–time.
(c)
(1)
This subsection applies only:
(i)
to a public service employer that is an institution of higher education; and
(ii)
with respect to an employee who is an adjunct or tenured professor.
(2)
(i)
For the purpose of determining whether an employee qualifies as full–time under the Program, a public service employer shall credit the employee, for each hour of the employee’s credit, contact, or classroom time, with at least:
(1)
(3)
35 hours worked; or
(2)
if a higher number of hours is allowed under the Program, the number allowed under the Program.
(ii)
This subsection may not be construed to supersede a public service employer’s policy or adjustment for additional work associated with lecture or classroom time.
(3)
To maximize the amount of time for which an employee can be considered to be a full–time employee, a public service employer shall treat consecutive academic terms that an employee teaches as a continuous employment period, regardless of whether:
(i)
the hours are taught under separate employment contracts; or
(ii)
the academic terms are separated by routine academic vacation.
Md. Code Ann., Lab. & Empl. § 3-1803 (2026)
Title 3. Employment Standards and Conditions
Subtitle 18. Certification of Public Service Employment Under the Federal Public Service Loan Forgiveness Program

§ 3–1803Copy Citation

(a)
(1)
Subject to the provisions of this section, a public service employer shall certify the employment of each:
(i)
current or former employee who requests that the public service employer complete a Public Service Loan Forgiveness Program form; and
(ii)
employee who is leaving the employment of the public service employer on the employee’s separation.
(2)
The public service employer shall certify:
(i)
the period of employment requested by the current or former employee; or
(ii)
if no period is specified, the current or former employee’s entire period of employment.
(b)
(1)
If the U.S. Department of Education allows a public service employer to directly certify the employment of a current or former employee, the public service employer may send the information necessary to certify the employment of an employee directly to the U.S. Department of Education.
(2)
This subsection does not prevent a public service employer from seeking permission from an employee before certifying the employee’s employment to the U.S. Department of Education.
(c)
A public service employer may not unreasonably delay the certification of the employment of a current or former employee.
Md. Code Ann., Lab. & Empl. § 3-1804 (2026)
Title 3. Employment Standards and Conditions
Subtitle 18. Certification of Public Service Employment Under the Federal Public Service Loan Forgiveness Program

§ 3–1804Copy Citation

(a)
(1)
The Student Loan Ombudsman shall develop and update as necessary material designed to promote awareness of and increase participation in the Program.
(2)
The materials shall include:
(i)
a standardized letter that:
(1)
gives a brief summary of the Program;
(2)
provides information about what an employee must do to benefit from the Program; and
(3)
recommends that employees visit the U.S. Department of Education’s official website for additional resources;
(ii)
a detailed fact sheet that:
(1)
describes the Program; and
(2)
includes the U.S. Department of Education’s official website addresses for the Program and for resources for student loan borrowers; and
(iii)
a document containing frequently asked questions about the Program.
(b)
On or after October 15, 2025, the Student Loan Ombudsman, in coordination with other State agencies, shall make the materials developed under subsection (a) of this section available to public service employers.
(c)
(1)
On or after November 15, 2025, each public service employer shall provide each newly hired employee with the most recently available version of the materials developed under subsection (a) of this section within 30 days after the employee’s first day of employment.
(2)
A public service employer may provide the materials developed under subsection (a) of this section by mail, by e–mail, or during an in–person new employee orientation.
(d)
On or after March 15, 2026, each public service employer shall annually provide the most recently available version of the materials developed under subsection (a) of this section to all employees in written or electronic form.
Md. Code Ann., Lab. & Empl. § 3-1805 (2026)
Title 3. Employment Standards and Conditions
Subtitle 18. Certification of Public Service Employment Under the Federal Public Service Loan Forgiveness Program

§ 3–1805Copy Citation

The Commissioner shall adopt regulations to carry out this subtitle.