<section article="gle" article_name="Labor and Employment" number="8.3-101" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="a–1"> <text>“Active duty” has the meaning stated in § 9–901 of the State Government Article.</text> </level> <level label="a–2"> <text>“Anchor date” means the earlier of the date on which:</text> <level label="1"> <text>an application for benefits is complete in accordance with § 8.3–701(b)(2) of this title; or</text> </level> <level label="2"> <text>leave begins for a covered individual for which benefits may be paid under this title.</text> </level> </level> <level label="b"> <text>“Application year” means the 12–month period beginning on the Sunday of the calendar week in which leave under this title begins.</text> </level> <level label="c"> <text>“Benefits” means the money payable under this title to a covered individual.</text> </level> <level label="d"> <text>“Covered employee” means an employee who has worked at least 680 hours performing services under employment located in the State over the four most recently completed calendar quarters for which quarterly reports have been required immediately preceding the anchor date.</text> </level> <level label="e"> <text>“Covered individual” means a covered employee or a self–employed individual who elects to participate in the Program under § 8.3–201 of this title.</text> </level> <level label="f"> <text>“Department” means the Maryland Department of Labor.</text> </level> <level label="g"> <text>“Deployment” means an eligible service member acting under official orders who, on any day, is performing service in a training exercise or operation at a location or under circumstances that make it impossible or infeasible for the eligible service member to spend off–duty time in the housing in which the eligible service member resides when on garrison duty at the eligible service member’s permanent duty station or homeport.</text> </level> <level label="g–1"> <text>“Eligible service member” means an active service member or former service member.</text> </level> <level label="h"> <level label="1"> <text>“Employer” means a person or governmental entity that employs at least one individual in the State.</text> </level> <level label="2"> <text>“Employer” does not include an individual who:</text> <level label="i"> <text>is the sole owner of a sole proprietorship, limited liability company, C corporation, or S corporation; and</text> </level> <level label="ii"> <text>is the only individual employed by the sole proprietorship, limited liability company, C corporation, or S corporation.</text> </level> </level> </level> <level label="i"> <text>“Family member” means:</text> <level label="1"> <text>a biological child, an adopted child, a foster child, or a stepchild of the covered individual;</text> </level> <level label="2"> <text>a child for whom the covered individual has legal or physical custody or guardianship;</text> </level> <level label="3"> <text>a child for whom the covered individual stands in loco parentis, regardless of the child’s age;</text> </level> <level label="4"> <text>a biological parent, an adoptive parent, a foster parent, or a stepparent of the covered individual or of the covered individual’s spouse;</text> </level> <level label="5"> <text>the legal guardian of the covered individual or the ward of the covered individual or of the covered individual’s spouse;</text> </level> <level label="6"> <text>an individual who acted as a parent or stood in loco parentis to the covered individual or the covered individual’s spouse when the covered individual or the covered individual’s spouse was a minor;</text> </level> <level label="7"> <text>the spouse of the covered individual;</text> </level> <level label="8"> <text>a domestic partner of the covered individual;</text> </level> <level label="9"> <text>a biological grandparent, an adopted grandparent, a foster grandparent, or a stepgrandparent of the covered individual;</text> </level> <level label="10"> <text>a biological grandchild, an adopted grandchild, a foster grandchild, or a stepgrandchild of the covered individual; or</text> </level> <level label="11"> <text>a biological sibling, an adopted sibling, a foster sibling, or a stepsibling of the covered individual.</text> </level> </level> <level label="j"> <text>“Fund” means the Family and Medical Leave Insurance Fund established under § 8.3–501 of this title.</text> </level> <level label="k"> <text>“Governmental entity” has the meaning stated in § 8–101 of this article.</text> </level> <level label="l"> <text>“Program” means the Family and Medical Leave Insurance Program established under § 8.3–301 of this title.</text> </level> <level label="m"> <text>“Qualifying exigency” means any of the following reasons for which leave may be needed by a family member of an eligible service member:</text> <level label="1"> <text>because the eligible service member has received notice of deployment within 7 days before the deployment is to begin;</text> </level> <level label="2"> <text>to attend uniformed services events and related activities including family support programs related to the active duty of the eligible service member;</text> </level> <level label="3"> <text>to arrange, provide, or attend child care or school activities only when the eligible service member is on active duty call or active duty status;</text> </level> <level label="4"> <text>to make financial and legal arrangements for the eligible service member’s absence or because of the absence;</text> </level> <level label="5"> <text>to attend counseling that:</text> <level label="i"> <text>is needed due to the active duty or call to active duty status of the eligible service member; and</text> </level> <level label="ii"> <text>is provided by an individual who is not a licensed health care provider;</text> </level> </level> <level label="6"> <text>to spend up to 15 calendar days with an eligible service member who is on short–term temporary rest and recuperation leave during the period of deployment;</text> </level> <level label="7"> <text>to attend postdeployment activities including reintegration services for a period of 90 days immediately following the termination of active status;</text> </level> <level label="8"> <text>to attend to matters related to the death of the eligible service member while on active duty status;</text> </level> <level label="9"> <text>to arrange for or provide alternative care for a parent of the eligible service member when the parent is incapable of self–care and the covered active duty or call to active duty necessitates a change; or</text> </level> <level label="10"> <text>because of any other issues that arise out of active duty or a call to active duty that an employer and covered employee agree should be covered.</text> </level> </level> <level label="n"> <text>“Secretary” means the Secretary of Labor.</text> </level> <level label="o"> <level label="1"> <text>“Serious health condition” means an illness, an injury, an impairment, or a physical or mental condition that involves:</text> <level label="i"> <text>inpatient care in a hospital, hospice, or residential health care facility;</text> </level> <level label="ii"> <text>continued treatment by a licensed health care provider; or</text> </level> <level label="iii"> <text>continued treatment or supervision at home by a licensed health care provider or other competent individual under the supervision of a licensed health care provider.</text> </level> </level> <level label="2"> <text>“Serious health condition” includes an illness, an injury, an impairment, or a physical or mental condition described in paragraph (1) of this subsection that continues over an extended period of time and requires intermittent treatment.</text> </level> </level> <level label="p"> <text>Repealed.</text> </level> <level label="q"> <text>“Treatment” includes:</text> <level label="1"> <text>examinations or testing to determine the extent to which a serious health condition exists or persists;</text> </level> <level label="2"> <text>ongoing or periodic evaluations of the serious health condition; and</text> </level> <level label="3"> <text>actual treatment by a health care provider.</text> </level> </level> <level label="r"> <text>“Wages” means all compensation that is due for employment that is:</text> <level label="1"> <text>for an employee, wages as defined in § 8–101 of this article; or</text> </level> <level label="2"> <text>for a self–employed individual:</text> <level label="i"> <text>self–employment income, as defined in 26 U.S.C. § 1402(b); or</text> </level> <level label="ii"> <text>wages, as defined in § 8–101 of this article, earned from a C corporation or an S corporation if the income, pay, or leave is paid to the owner who is the sole employee of a C corporation or an S corporation.</text> </level> </level> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-102" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <level label="1"> <text>This subsection does not apply to the disclosure of information to:</text> <level label="i"> <text>a public employee in the performance of the public employee’s official duties;</text> </level> <level label="ii"> <text>the individual to whom the information relates;</text> </level> <level label="iii"> <text>if an authorized representative has the signed authorization of the individual to whom the information relates, the authorized representative; or</text> </level> <level label="iv"> <text>employers whose employees have filed claims with the Department for the purpose of claims administration.</text> </level> </level> <level label="2"> <text>An employee of the Department may not disclose personal identifying information relating to:</text> <level label="i"> <text>an individual who has applied for or received benefits under this title;</text> </level> <level label="ii"> <text>an individual whose employment data has been submitted to the Department by the individual’s employer under this title; or</text> </level> <level label="iii"> <text>a self–employed individual who submitted data to the Department under this title.</text> </level> </level> </level> <level label="b"> <text>This title preempts the authority of a local jurisdiction to enact a law on or after June 1, 2022, that establishes a paid family and medical leave insurance program for employees of an employer other than the local jurisdiction.</text> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-201" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="2" subtitle_name="Scope of Title"> <level label="a"> <text>In this section, “self–employed individual” includes an individual who:</text> <level label="1"> <text>is the sole owner of a sole proprietorship, limited liability company, C corporation, or S corporation; and</text> </level> <level label="2"> <text>is the only individual employed by the sole proprietorship, limited liability company, C corporation, or S corporation.</text> </level> </level> <level label="b"> <text>A self–employed individual who is a resident of the State may elect to participate in the Program in accordance with regulations adopted by the Secretary under subsection (c) of this section.</text> </level> <level label="c"> <text>On or before July 1, 2028, the Secretary shall adopt regulations that establish an optional self–employed enrollment program and include:</text> <level label="1"> <text>contribution amounts;</text> </level> <level label="2"> <text>benefit amounts; and</text> </level> <level label="3"> <text>enrollment procedures.</text> </level> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-202" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="2" subtitle_name="Scope of Title"> <text>This title may not be construed to diminish an employer’s obligation to comply with a collective bargaining agreement or an employer policy that allows an employee to take leave for a longer period of time than the employee would be able to receive benefits under this title.</text> </section> <section article="gle" article_name="Labor and Employment" number="8.3-203" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="2" subtitle_name="Scope of Title"> <level label="a"> <text>An employee’s right to benefits under this title may not be diminished by a collective bargaining agreement or by an employer policy.</text> </level> <level label="b"> <text>An agreement to waive the employee’s rights under this title is void as against public policy.</text> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-301" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="3" subtitle_name="Establishment of Program"> <text>There is a Family and Medical Leave Insurance Program in the Department.</text> </section> <section article="gle" article_name="Labor and Employment" number="8.3-302" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="3" subtitle_name="Establishment of Program"> <text>The purpose of the Program is to provide temporary benefits to a covered individual who is taking leave from employment:</text> <level label="1"> <level label="i"> <text>to care for or bond with a child of the covered individual during the first year after the child’s birth; or</text> </level> <level label="ii"> <text>during the process through which a child is being placed with the covered individual through foster care, kinship care, or adoption and to care for and bond with the child during the first year after the placement;</text> </level> </level> <level label="2"> <text>to care for a family member with a serious health condition;</text> </level> <level label="3"> <text>because the covered individual has a serious health condition that results in the covered individual being unable to perform the functions of the covered individual’s position;</text> </level> <level label="4"> <text>to care for an eligible service member for whom the covered individual is next of kin; or</text> </level> <level label="5"> <text>because the covered individual has a qualifying exigency arising out of the deployment of an eligible service member who is a family member of the covered individual.</text> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-401" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="4" subtitle_name="Administration"> <text>This title shall be administered under the supervision of the Secretary.</text> </section> <section article="gle" article_name="Labor and Employment" number="8.3-402" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="4" subtitle_name="Administration"> <text>The Secretary may delegate to an employee of the Department any power or duty that is reasonable and proper for the administration of this title.</text> </section> <section article="gle" article_name="Labor and Employment" number="8.3-403" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="4" subtitle_name="Administration"> <level label="a"> <text>The Secretary, in consultation with other State agencies and relevant stakeholders, shall:</text> <level label="1"> <text>subject to subsection (b) of this section, adopt regulations necessary to carry out this title;</text> </level> <level label="2"> <text>establish procedures and forms for filing claims for benefits, including:</text> <level label="i"> <text>procedures for notifying an employer within 5 business days after any of the following occurs:</text> <level label="1"> <text>an employee files an electronic application regarding a claim for benefits;</text> </level> <level label="2"> <text>an employee’s paper application regarding a claim for benefits is processed;</text> </level> <level label="3"> <text>a determination regarding a claim for benefits is made;</text> </level> <level label="4"> <text>an appeal for a determination regarding a claim for benefits is filed; or</text> </level> <level label="5"> <text>a change is made to a determination regarding a claim for benefits; and</text> </level> </level> <level label="ii"> <text>notices of elections by self–employed individuals for benefits under § 8.3–201 of this title;</text> </level> </level> <level label="3"> <text>establish procedures and forms for electronic filing of reports, notices, and other required documents by employers;</text> </level> <level label="4"> <text>use information–sharing and integration technology to facilitate the disclosure of relevant information or records needed for the administration of this title; and</text> </level> <level label="5"> <text>subject to subsection (d) of this section, carry out a public education program.</text> </level> </level> <level label="b"> <text>The regulations adopted under subsection (a)(1) of this section shall be consistent with regulations adopted to implement the federal Family and Medical Leave Act and any relevant State laws to the extent that the adopted regulations do not conflict with this title.</text> </level> <level label="c"> <level label="1"> <text>Subject to paragraph (2) of this subsection, a covered individual under § 8.3–302(2), (3), (4), or (5) of this title shall provide certification for a claim for benefits under this title.</text> </level> <level label="2"> <text>A certification for a claim for benefits for a covered individual under § 8.3–302(2), (3), or (4) of this title shall include:</text> <level label="i"> <text>for the purpose of supporting the claim for benefit payments, the first date on which the covered individual took or intends to take leave from employment and whether the leave will or is intended to be taken for a continuous period of time or intermittently;</text> </level> <level label="ii"> <text>the date on which the serious health condition of the family member, covered individual, or service member commenced;</text> </level> <level label="iii"> <text>the probable duration of the serious health condition;</text> </level> <level label="iv"> <text>the appropriate facts related to the serious health condition within the knowledge of the licensed health care provider;</text> </level> <level label="v"> <level label="1"> <text>for a claim for benefits under § 8.3–302(2) of this title, a statement that the covered individual needs to care for a family member and an estimate of the amount of time required to provide the care; or</text> </level> <level label="2"> <text>for a claim for benefits under § 8.3–302(3) of this title, a statement that the covered individual is unable to perform the functions of the covered individual’s position; and</text> </level> </level> <level label="vi"> <level label="1"> <text>for a certification for intermittent leave under § 8.3–302(2) or (4) of this title, a statement that the covered individual needs to care for a family member or eligible service member and the expected frequency and duration of the intermittent leave; or</text> </level> <level label="2"> <text>for a certification of intermittent leave under § 8.3–302(3) of this title, a statement that the covered individual is unable to perform the functions of the covered individual’s position and the expected frequency and duration of the intermittent leave.</text> </level> </level> </level> <level label="3"> <text>The Secretary shall establish:</text> <level label="i"> <text>standards in regulation for the certification of claims for benefits under § 8.3–302(5) of this title;</text> </level> <level label="ii"> <text>standards for verifying the identity of a family member or next of kin for a claim for benefits under § 8.3–302(2), (4), or (5) of this title; and</text> </level> <level label="iii"> <text>procedures for an employer to provide evidence of suspected fraud to the Secretary.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>The Secretary may use a portion of the funds paid under § 8.3–601 of this title or other available funding to pay for and carry out the requirements under subsection (a)(5) of this section.</text> </level> <level label="2"> <text>Materials used in the public education program required under subsection (a)(5) of this section shall be made available in English and Spanish.</text> </level> </level> <level label="e"> <text>The Secretary may use a portion of the funds paid under § 8.3–601 of this title or other available funding to award grants to facilitate community partnerships in amounts that, in the aggregate, do not exceed the amount appropriated in the Department’s annual budget for this purpose.</text> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-404" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="4" subtitle_name="Administration"> <level label="a"> <text>Subject to § 8.3–905 of this title, to enforce this title, the Secretary may:</text> <level label="1"> <text>conduct an investigation under this title, on the Secretary’s own initiative or on receipt of a written complaint;</text> </level> <level label="2"> <text>administer an oath;</text> </level> <level label="3"> <text>certify to an official act;</text> </level> <level label="4"> <text>take a deposition;</text> </level> <level label="5"> <text>issue a subpoena for the attendance of a witness to testify or the production of books, correspondence, memoranda, papers, or other records; and</text> </level> <level label="6"> <text>bring a civil action in the county where the violation allegedly occurred.</text> </level> </level> <level label="b"> <level label="1"> <text>A subpoena issued under subsection (a)(5) of this section shall be served in any manner in which a subpoena of a court may be served.</text> </level> <level label="2"> <text>If a person fails to comply with a subpoena issued under subsection (a)(5) of this section on a complaint filed by the Secretary, the circuit court for the county where the investigation is being conducted or where the person resides, is present, or transacts business may issue an order directing compliance with the subpoena or compelling testimony.</text> </level> <level label="3"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, a person may not be excused from complying with a subpoena issued under subsection (a)(5) of this section on the ground that the evidence or testimony required may tend to incriminate the person or subject the person to a forfeiture or penalty.</text> </level> <level label="ii"> <level label="1"> <text>Except as provided in subsubparagraph 2 of this subparagraph, after claiming the privilege against self–incrimination, a person may not be prosecuted or subjected to any forfeiture or penalty because of any matter, thing, or transaction about which the person is compelled to produce evidence or testify.</text> </level> <level label="2"> <text>If the person commits perjury while giving testimony, the person is subject to prosecution for that offense.</text> </level> </level> </level> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-405" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="4" subtitle_name="Administration"> <text>Subject to § 8.3–905 of this title, in a civil action to enforce this title, the Secretary and the State may be represented by:</text> <level label="1"> <text>the Attorney General; or</text> </level> <level label="2"> <text>any qualified attorney who:</text> <level label="i"> <text>is a salaried employee of the Secretary; and</text> </level> <level label="ii"> <text>on recommendation of the Attorney General, is designated to represent the Secretary or the Board of Appeals and the State.</text> </level> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-406" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="4" subtitle_name="Administration"> <level label="a"> <text>On or before October 1 each year, the Secretary shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly an annual report on the administration and operation of the Program during the immediately preceding fiscal year.</text> </level> <level label="b"> <text>The annual report shall include information regarding:</text> <level label="1"> <text>actual Program participation rates that includes:</text> <level label="i"> <text>the number of claims for benefits submitted, both in total and for each category listed in § 8.3–302 of this title;</text> </level> <level label="ii"> <text>the number of claims included under item (i) of this item broken down by:</text> <level label="1"> <text>jurisdiction;</text> </level> <level label="2"> <text>race and ethnicity;</text> </level> <level label="3"> <text>gender;</text> </level> <level label="4"> <text>zip code; and</text> </level> <level label="5"> <text>age;</text> </level> </level> <level label="iii"> <text>the number of claims for benefits approved, both in total and for each category listed in § 8.3–302 of this title;</text> </level> <level label="iv"> <text>the number of claims included under item (iii) of this item broken down by:</text> <level label="1"> <text>jurisdiction;</text> </level> <level label="2"> <text>race and ethnicity;</text> </level> <level label="3"> <text>gender;</text> </level> <level label="4"> <text>zip code; and</text> </level> <level label="5"> <text>age;</text> </level> </level> <level label="v"> <text>the total number of claims for benefits denied, both in total and by category listed in § 8.3–602 of this title; and</text> </level> <level label="vi"> <text>the number of claims included under item (v) of this item broken down by:</text> <level label="1"> <text>jurisdiction;</text> </level> <level label="2"> <text>race and ethnicity;</text> </level> <level label="3"> <text>gender;</text> </level> <level label="4"> <text>zip code; and</text> </level> <level label="5"> <text>age;</text> </level> </level> </level> <level label="2"> <text>projected participation rates;</text> </level> <level label="3"> <text>contribution rates;</text> </level> <level label="4"> <text>projected and actual Fund balances;</text> </level> <level label="5"> <text>public outreach and technical assistance efforts, including any grants issued under § 8.3–403(d)(1)(ii) of this subtitle;</text> </level> <level label="6"> <text>all enforcement efforts;</text> </level> <level label="7"> <text>the number and status of complaints under Subtitle 9 of this title;</text> </level> <level label="8"> <text>the costs of administering the Program attributable to each of the following:</text> <level label="i"> <text>employers;</text> </level> <level label="ii"> <text>employees of employers;</text> </level> <level label="iii"> <text>self–employed individuals; and</text> </level> <level label="iv"> <text>the State;</text> </level> </level> <level label="9"> <text>the State agencies and relevant stakeholders that were consulted as required under this title; and</text> </level> <level label="10"> <text>the capability and capacity of the Department to administer the Program as compared to the findings and recommendations of the capability and capacity study completed under § 5 of Chapter 48 of the Acts of the General Assembly of 2022.</text> </level> </level> <level label="c"> <text>The reporting requirement established under subsection (a) of this section does not apply to an employer that has a private employer plan described in § 8.3–705 of this title.</text> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-501" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="5" subtitle_name="The Family and Medical Leave Insurance Fund"> <text>There is a Family and Medical Leave Insurance Fund.</text> </section> <section article="gle" article_name="Labor and Employment" number="8.3-502" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="5" subtitle_name="The Family and Medical Leave Insurance Fund"> <level label="a"> <text>The Secretary shall administer the Fund.</text> </level> <level label="b"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="c"> <text>The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.</text> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-503" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="5" subtitle_name="The Family and Medical Leave Insurance Fund"> <level label="a"> <text>The Fund consists of:</text> <level label="1"> <text>employee contributions;</text> </level> <level label="2"> <text>self–employed individual contributions;</text> </level> <level label="3"> <text>employer contributions;</text> </level> <level label="4"> <text>application and application renewal fees paid as required in regulations adopted under § 8.3–705(b)(3) of this title;</text> </level> <level label="5"> <text>money paid to the Fund for the purpose of reimbursing the Secretary under § 8.3–902 of this title for benefits paid in error;</text> </level> <level label="6"> <text>money collected under:</text> <level label="i"> <text>§ 8.3–903(1) of this title for assessed contributions and interest for an employer’s or a self–employed individual’s failure to pay contributions; and</text> </level> <level label="ii"> <text>§ 8.3–906(a)(1)(iii) of this title for the Department’s costs of an appeal against an employer or insurer;</text> </level> </level> <level label="7"> <text>interest earned on money in the Fund; and</text> </level> <level label="8"> <text>money received for the Fund from any other source.</text> </level> </level> <level label="b"> <text>Money in the Fund may be commingled.</text> </level> <level label="c"> <level label="1"> <text>Subject to paragraph (2) of this subsection, the Fund may be used only for the purposes of this title.</text> </level> <level label="2"> <text>Fees paid into the Fund under subsection (a)(4) of this section may be used only for administrative purposes of the Program.</text> </level> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-504" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="5" subtitle_name="The Family and Medical Leave Insurance Fund"> <level label="a"> <level label="1"> <text>The State Treasurer is custodian of the Fund.</text> </level> <level label="2"> <text>The State Treasurer shall manage the Fund in accordance with regulations that the Secretary adopts.</text> </level> </level> <level label="b"> <text>Under the direction of the Secretary, the State Treasurer shall establish the Fund account in any financial institution in which the General Fund of the State may be deposited.</text> </level> <level label="c"> <text>On receipt of any money payable to the Fund, the Secretary shall ensure immediate deposit of the money into the Fund account as required by the State Treasurer.</text> </level> <level label="d"> <text>In accordance with regulations that the Secretary adopts, money in the Fund account:</text> <level label="1"> <text>shall be used to pay benefits under this title; and</text> </level> <level label="2"> <text>may be used to pay for:</text> <level label="i"> <text>the public education program carried out under § 8.3–403(a)(4) of this title; and</text> </level> <level label="ii"> <text>any costs associated with the initial implementation and ongoing administration of this title.</text> </level> </level> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-505" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="5" subtitle_name="The Family and Medical Leave Insurance Fund"> <text>A check that is issued to pay benefits or refunds shall:</text> <level label="1"> <text>bear the signature of the Secretary; and</text> </level> <level label="2"> <text>be countersigned by an authorized agent.</text> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-506" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="5" subtitle_name="The Family and Medical Leave Insurance Fund"> <text>This title does not grant an employee any prior claim or right to money the employee pays into the Fund.</text> </section> <section article="gle" article_name="Labor and Employment" number="8.3-601" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="6" subtitle_name="Contributions"> <level label="a"> <level label="1"> <level label="i"> <text>Beginning January 1, 2027, each employee of an employer and each employer with 15 or more employees shall contribute to the Fund.</text> </level> <level label="ii"> <text>The total rate of contribution established under this section for employees and employers described in subparagraph (i) of this paragraph:</text> <level label="1"> <text>may not exceed 1.2% of an employee’s wages; and</text> </level> <level label="2"> <text>shall be applied to all wages up to and including the Social Security wage base.</text> </level> </level> </level> <level label="2"> <text>Each self–employed individual participating in the Program shall contribute to the Fund in accordance with regulations adopted under § 8.3–201(c) of this title.</text> </level> </level> <level label="b"> <level label="1"> <text>Subject to subsection (a)(1)(ii) of this section, on or before May 1, 2026, the Secretary shall set the total rate of contribution based on available cost analyses of the Program.</text> </level> <level label="2"> <text>The rate set under paragraph (1) of this subsection shall be in effect for the period from January 1, 2027, to December 31, 2027, both inclusive.</text> </level> </level> <level label="c"> <level label="1"> <text>On or before October 1 each year, beginning in 2027, the Secretary shall conduct a cost analysis of the Program that is focused on the cost of maintaining solvency and paying benefits to covered individuals that will be used to determine the appropriate total rate of contribution to the Fund.</text> </level> <level label="2"> <text>On or before October 1 each year, the Secretary shall report the results of the cost analysis to the Senate Finance Committee, the House Economic Matters Committee, and the Joint Committee on Administrative, Executive, and Legislative Review in accordance with § 2–1257 of the State Government Article.</text> </level> </level> <level label="d"> <level label="1"> <text>Subject to paragraph (2) of this subsection and subsection (a)(1)(ii) of this section, on or before November 1 each year, beginning in 2027, the Secretary shall set the total rate of contribution that will be in effect for the 12–month period beginning on the immediately following January 1.</text> </level> <level label="2"> <text>The rate set under paragraph (1) of this subsection shall be based on the cost analysis required under subsection (c) of this section.</text> </level> </level> <level label="e"> <level label="1"> <level label="i"> <text>Except as otherwise provided in this section, each employer of 15 or more employees shall contribute an amount equal to 50% of the total rate of contribution for each employee.</text> </level> <level label="ii"> <text>Except as otherwise provided in this section, each employee of an employer shall contribute an amount equal to 50% of the total rate of contribution.</text> </level> </level> <level label="2"> <level label="i"> <text>Except as provided in subparagraph (ii) of this paragraph, the employer of the employee shall deduct the employee’s required contribution from the wages of the employee.</text> </level> <level label="ii"> <level label="1"> <text>An employer may elect to pay all or a portion of the required employee contributions in whole or in part.</text> </level> <level label="2"> <text>If the employer of an employee elects to pay a portion of the employee’s required contribution, the employer:</text> </level> <level label="A"> <text>may deduct an amount that is less than 50% of the rate of contribution required from the wages of the employee; and</text> </level> <level label="B"> <text>shall notify employees of the rate of contribution set for employees under subsection (d)(1) of this section and the portion of that amount that the employer is electing to pay.</text> </level> </level> </level> </level> <level label="f"> <level label="1"> <text>The Maryland Department of Health shall reimburse each:</text> <level label="i"> <text>community provider that is required to be licensed or certified under Title 7 of the Health – General Article for 100% of the employer contribution required under subsection (e) of this section for employees who manage or provide services under Title 7 of the Health – General Article;</text> </level> <level label="ii"> <text>community provider that is required to be licensed or certified under Title 7.5 of the Health – General Article for a percentage of the employer contribution required under subsection (e) of this section for employees who manage or provide services under Title 7.5 of the Health – General Article that is equal to the percentage of revenue that is attributable to federal and State Medicaid funding and any other State funding received by the community provider for the services during the period covered by the reimbursement; or</text> </level> <level label="iii"> <text>provider, as defined in § 16–201.4 of the Health – General Article, for a percentage of the employer contribution required under subsection (e) of this section for employees who manage or provide services described in § 16–201.4(a) of the Health – General Article that is equal to the percentage of revenue attributable to federal and State Medicaid funding and any other State funding received by the provider for the services during the period covered by the reimbursement.</text> </level> </level> <level label="2"> <text>The Maryland Department of Health shall make the reimbursements required under paragraph (1) of this subsection at least quarterly.</text> </level> <level label="3"> <text>To receive reimbursement under paragraph (1) of this subsection, a provider shall provide to the Maryland Department of Health any information necessary to carry out this subsection in the form and manner required by the Maryland Department of Health.</text> </level> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-701" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="7" subtitle_name="Benefits"> <level label="a"> <level label="1"> <text>Subject to paragraph (2) of this subsection, beginning on a date not earlier than January 1, 2027, but not later than January 3, 2028, determined and announced by the Secretary, a covered individual taking leave from employment may submit a claim for benefits:</text> <level label="i"> <level label="1"> <text>to care for a newborn child of the covered individual during the first year after the child’s birth; or</text> </level> <level label="2"> <text>because a child is being placed for adoption, foster care, or kinship care with the covered individual or to care for or bond with the child during the first year after the placement;</text> </level> </level> <level label="ii"> <text>to care for a family member with a serious health condition;</text> </level> <level label="iii"> <text>to attend to a serious health condition that results in the covered individual being unable to perform the functions of the covered individual’s position;</text> </level> <level label="iv"> <text>to care for a service member with a serious health condition resulting from service in the uniformed services for whom the covered individual is next of kin; or</text> </level> <level label="v"> <text>to attend to a qualifying exigency arising out of the deployment of an eligible service member who is a family member of the covered individual.</text> </level> </level> <level label="2"> <level label="i"> <text>Except as provided under subparagraph (ii) of this paragraph, if the need to use leave is foreseeable, an employer may require a covered employee taking leave under this title to provide the employer with written notice of the covered employee’s intention to take leave at least 30 days before commencing the leave.</text> </level> <level label="ii"> <text>If the need to use leave is not foreseeable, the covered employee shall:</text> <level label="1"> <text>provide notice to the employer as soon as practicable; and</text> </level> <level label="2"> <text>generally comply with the employer’s notice or procedural requirements for requesting or reporting other leave, if those requirements do not interfere with the covered employee’s ability to use leave for which benefits may be paid under this title.</text> </level> </level> </level> </level> <level label="b"> <level label="1"> <text>Subject to paragraph (3) of this subsection, an individual may file an application for benefits within 60 days before the anticipated start date of the leave for which benefits may be paid under this title, but not later than 60 days after the start date of the leave.</text> </level> <level label="2"> <text>To be considered complete, an application shall contain all information required by the Department.</text> </level> <level label="3"> <level label="i"> <text>The Department shall waive the filing deadline established under paragraph (1) of this subsection for good cause.</text> </level> <level label="ii"> <text>If the covered individual does not have good cause for the delay in completing the claim application, the Secretary may delay or deny benefits under this title.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>Subject to paragraphs (2) and (3) of this subsection, a covered individual may take the leave for which the individual is eligible for benefits under subsection (a) of this section on an intermittent leave schedule.</text> </level> <level label="2"> <text>If leave is taken on an intermittent leave schedule, the covered individual shall:</text> <level label="i"> <text>make a reasonable effort to schedule the intermittent leave in a manner that does not unduly disrupt the operations of the employer; and</text> </level> <level label="ii"> <text>provide the employer with reasonable and practicable prior notice of the reason for which the intermittent leave is necessary.</text> </level> </level> <level label="3"> <text>A covered employee may not take intermittent leave in an increment of less than 4 hours.</text> </level> <level label="4"> <text>If leave is taken on an intermittent leave schedule, an employer may not reduce the total amount of leave to which the covered individual is entitled beyond the amount of leave actually taken.</text> </level> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-702" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="7" subtitle_name="Benefits"> <level label="a"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, a covered individual may not receive more than 12 weeks of benefits in an application year.</text> </level> <level label="2"> <text>A covered individual may receive an additional 12 weeks of benefits if the covered individual during the same application year:</text> <level label="i"> <level label="1"> <text>received benefits because the covered individual was eligible for benefits under § 8.3–701(a)(1)(i) of this subtitle; and</text> </level> <level label="2"> <text>becomes eligible for benefits under § 8.3–701(a)(1)(iii) of this subtitle; or</text> </level> </level> <level label="ii"> <level label="1"> <text>received benefits because the covered individual was eligible for benefits under § 8.3–701(a)(1)(iii) of this subtitle; and</text> </level> <level label="2"> <text>becomes eligible for benefits under § 8.3–701(a)(1)(i) of this subtitle.</text> </level> </level> </level> </level> <level label="b"> <text>If a covered individual takes leave for which the covered individual is receiving benefits under this title, the leave shall run concurrently with eligible leave that may be taken by the covered individual under the federal Family and Medical Leave Act.</text> </level> <level label="c"> <text>The Department may count the leave taken under the federal Family and Medical Leave Act against a covered individual’s maximum duration of leave for which benefits are available under this title in an application year for the same purpose, if:</text> <level label="1"> <text>an employer designates a period of leave as covered by the federal Family and Medical Leave Act for a covered individual who would also qualify for benefits under § 8.3–302 of this title;</text> </level> <level label="2"> <text>the employer informs the covered individual of the individual’s eligibility for benefits under this title; and</text> </level> <level label="3"> <text>the employee declines to apply for benefits under this title.</text> </level> </level> <level label="d"> <level label="1"> <text>A covered individual may not be required to use or exhaust paid vacation, paid sick leave, or other paid time off under an employer policy before, or while, receiving benefits under this title.</text> </level> <level label="2"> <text>A covered individual and an employer may agree to use paid vacation, paid sick leave, or other paid time off while a covered individual is receiving benefits available under this title to replace the covered individual’s wages up to 100% of the covered individual’s average weekly wage during the period of leave for which benefits are received under this title.</text> </level> <level label="3"> <text>Notwithstanding paragraph (1) of this subsection, an employer may require that benefit payments under this title be made concurrently, or otherwise coordinated with payments made or leave that is allowed under the terms of a separate employer–provided leave policy due to parental care, family care, or uniformed services leave or under a disability policy.</text> </level> <level label="4"> <text>This subsection may not be construed to reduce any weeks of leave for which benefits may be paid under this title.</text> </level> </level> <level label="e"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, an individual receiving benefits under Title 8 of this article or wage replacement benefits under Title 9 of this article is not eligible to receive benefits under this title.</text> </level> <level label="2"> <text>An individual receiving compensation for a permanent partial disability under Title 9 of this article may be eligible for benefits under this title.</text> </level> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-703" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="7" subtitle_name="Benefits"> <level label="a"> <text>For the purposes of this section:</text> <level label="1"> <text>the covered employee’s average weekly wage shall be calculated as the total wages received by the covered employee in the highest of the previous four completed calendar quarters that immediately precede the anchor date and for which quarterly reports have been required, divided by 13; and</text> </level> <level label="2"> <text>the State average weekly wage shall be the wage calculated under § 9–603 of this article.</text> </level> </level> <level label="b"> <level label="1"> <text>Subject to paragraphs (2) and (3) of this subsection, the weekly benefit amount payable to a covered employee under this title shall be:</text> <level label="i"> <text>if the covered employee’s average weekly wage is 65% or less of the State average weekly wage, 90% of the covered employee’s average weekly wage; or</text> </level> <level label="ii"> <text>if the covered employee’s average weekly wage is greater than 65% of the State average weekly wage, the sum of:</text> <level label="1"> <text>90% of the covered employee’s average weekly wage up to 65% of the State average weekly wage; and</text> </level> <level label="2"> <text>50% of the covered employee’s average weekly wage that is greater than 65% of the State average weekly wage.</text> </level> </level> </level> <level label="2"> <text>The benefit paid under this title and any additional paid leave cannot total more than 100% of the covered employee’s average weekly wage.</text> </level> <level label="3"> <text>The weekly benefit amount payable under paragraph (1) of this subsection:</text> <level label="i"> <text>shall be at least $50; and</text> </level> <level label="ii"> <text>may not exceed:</text> <level label="1"> <text>for the period beginning on the date announced by the Secretary under § 8.3–701(a)(1) of this subtitle and ending December 31, 2028, both inclusive, $1,000; and</text> </level> <level label="2"> <text>for the 12–month period beginning January 1, 2029, and each subsequent 12–month period, the amount determined and announced by the Secretary under paragraph (4) of this subsection.</text> </level> </level> </level> <level label="4"> <level label="i"> <text>In this paragraph, “Consumer Price Index” means the Consumer Price Index for All Urban Consumers for the Washington–Arlington–Alexandria, DC–VA–MD–WV metropolitan area or a successor index published by the federal Bureau of Labor Statistics.</text> </level> <level label="ii"> <text>Subject to subsection (e) of this section, for the 12–month period beginning January 1, 2029, and each subsequent 12–month period, the maximum weekly benefit amount shall be increased by the amount, rounded to the nearest cent, that equals the product of:</text> <level label="1"> <text>the maximum weekly benefit amount in effect for the immediately preceding 12–month period; and</text> </level> <level label="2"> <text>the annual percentage growth in the Consumer Price Index for the immediately preceding 12–month period, as determined by the Secretary under subparagraph (iii)1 of this paragraph.</text> </level> </level> <level label="iii"> <text>Beginning September 1, 2028, and on each subsequent September 1, the Secretary shall determine and announce:</text> <level label="1"> <text>the annual percentage growth, if any, in the Consumer Price Index based on the most recent 12–month period for which data are available on September 1; and</text> </level> <level label="2"> <text>the maximum weekly benefit amount effective for the 12–month period beginning the immediately following January 1.</text> </level> </level> </level> </level> <level label="c"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, an increase in the weekly benefit amount under subsection (b)(4) of this section applies only to an application year with an anchor date that occurs on or after the date the increase becomes effective.</text> </level> <level label="2"> <text>If the leave for which benefits are being paid is being taken intermittently, an increase in the weekly benefit amount shall apply to a claim for benefits as specified in regulations adopted by the Department.</text> </level> </level> <level label="d"> <text>The Department shall:</text> <level label="1"> <text>notify the employer of a covered individual within 5 business days after the covered individual files a completed application for benefits under this title;</text> </level> <level label="2"> <text>notify the covered individual within 5 business days after the individual files an application, if the application is considered to be incomplete under § 8.3–701(b)(2) of this subtitle due to missing information that is necessary to complete the claim;</text> </level> <level label="3"> <text>approve or deny the claim and notify the covered individual and the covered individual’s employer within 10 business days after the covered individual files the completed application;</text> </level> <level label="4"> <text>make the first payment of benefits to a covered individual within 5 business days after the completed application is approved or the leave has started, whichever is later; and</text> </level> <level label="5"> <text>make subsequent payments at least every 2 weeks until the benefit period ends.</text> </level> </level> <level label="e"> <level label="1"> <text>In this subsection, “Board” means the Board of Public Works.</text> </level> <level label="2"> <text>Subject to paragraph (4) of this subsection, on or before September 1 each year, beginning in 2028, the Board shall determine whether the seasonally adjusted total employment from the Current Employment Statistics series as reported by the U.S. Bureau of Labor Statistics for the most recent 6–month period is negative as compared with the immediately preceding 6–month period.</text> </level> <level label="3"> <level label="i"> <text>Subject to paragraph (4) of this subsection, the Board may temporarily suspend an increase in the maximum weekly benefit specified under subsection (b)(3)(ii) of this section if the Board determined under paragraph (2) of this subsection that the seasonally adjusted total employment is negative.</text> </level> <level label="ii"> <text>If the seasonally adjusted total employment is negative, the Board may consider the performance of State revenues in the immediately preceding 6 months, as reported by the Office of the Comptroller, in determining whether to temporarily suspend an increase to the maximum weekly benefit specified under subsection (b)(3)(ii) of this section.</text> </level> </level> <level label="4"> <text>If the Board temporarily suspends an increase to the maximum weekly benefit specified under subsection (b)(3)(ii)2 of this section:</text> <level label="i"> <text>the maximum weekly benefit in effect for the period beginning the following January 1 shall remain the same as the rate that was in effect for the immediately preceding 12–month period; and</text> </level> <level label="ii"> <text>the Board shall notify the Secretary that the maximum weekly benefit increase for the period beginning the following January 1 is suspended for 1 year.</text> </level> </level> </level> <level label="f"> <text>The Department shall announce the increase to the maximum weekly benefit specified under subsection (b)(3)(ii) of this section.</text> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-704" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="7" subtitle_name="Benefits"> <level label="a"> <text>If the Internal Revenue Service determines that benefits paid under this subtitle are subject to federal income tax, at the time a covered individual files a new claim for benefits, the Department shall notify the covered individual that:</text> <level label="1"> <text>the Internal Revenue Service has determined that the benefits are subject to federal income tax;</text> </level> <level label="2"> <text>there are requirements regarding estimated tax payments;</text> </level> <level label="3"> <text>the covered individual may elect to have federal income tax deducted and withheld from the benefits that the covered individual receives under this title at the rate specified in the Internal Revenue Code; and</text> </level> <level label="4"> <text>the covered individual is allowed to change a previously elected withholding status.</text> </level> </level> <level label="b"> <level label="1"> <text>If a covered individual elects to have federal income tax deducted and withheld under subsection (a)(3) of this section, the Department shall deduct and withhold an amount at the rate specified in the Internal Revenue Code in a manner required by the Internal Revenue Service.</text> </level> <level label="2"> <text>If the Department deducts and withholds federal income tax under paragraph (1) of this subsection, the amount deducted and withheld shall remain in the Fund until it is transferred to the Internal Revenue Service as a payment of income tax.</text> </level> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-705" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="7" subtitle_name="Benefits"> <level label="a"> <level label="1"> <text>An employer authorized by the Secretary may satisfy the requirements of this title through a private employer plan consisting of employer–provided benefits or insurance through an insurer that holds a certificate of authority issued by the Maryland Insurance Commissioner if the private employer plan is provided to all of the employer’s eligible employees and meets or exceeds the rights, protections, and benefits provided to a covered employee under this title.</text> </level> <level label="2"> <level label="i"> <text>To determine the benefit amount under a private employer plan, the weekly benefit amount shall be based on the average weekly wage earned from the employer sponsoring the private employer plan.</text> </level> <level label="ii"> <text>Notwithstanding subparagraph (i) of this paragraph, if an individual has worked less than 680 hours for the employer sponsoring the private employer plan, the weekly benefit amount shall be based on the average weekly wage under § 8.3–703(a) of this subtitle.</text> </level> <level label="iii"> <text>This subsection may not be construed to prevent a private employer plan from providing a benefit that is greater than that provided in § 8.3–703(a) of this subtitle.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>A private employer plan shall be filed with the Department for approval.</text> </level> <level label="2"> <level label="i"> <text>The Secretary shall establish reasonable criteria for determining which employers are authorized to meet the requirements of this title through employer–provided benefits.</text> </level> <level label="ii"> <text>The criteria established under subparagraph (i) of this paragraph may include the employer’s:</text> <level label="1"> <text>number of employees;</text> </level> <level label="2"> <text>capitalization;</text> </level> <level label="3"> <text>bondedness; and</text> </level> <level label="4"> <text>status as a government employer.</text> </level> </level> </level> <level label="3"> <text>The Department may adopt regulations that establish reasonable application and application renewal fees for private employer plans under this section.</text> </level> </level> <level label="c"> <text>An employer that provides covered employees with a private employer plan and an employee that is covered by a private employer plan are exempt from the contributions required under Subtitle 6 of this title.</text> </level> <level label="d"> <text>An employer that provides a private employer plan may not deduct from an employee more than 50% of the contribution amount set by the Department under § 8.3–601(b) of this title.</text> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-706" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="7" subtitle_name="Benefits"> <level label="a"> <text>This section does not apply to an employer who is an individual with a developmental disability, and who self–directs services under the Maryland Medicaid Home– and Community–Based Services Waiver Program.</text> </level> <level label="b"> <text>Except as provided in subsection (c)(2) of this section, if a covered individual receives benefits under this title or takes leave from work for which benefits may be paid under this title, the employer of the covered individual shall, on the expiration of the leave, restore the covered individual to an equivalent position of employment.</text> </level> <level label="c"> <text>An employer may:</text> <level label="1"> <text>during a period of leave from work for which benefits may be paid under this title, terminate employment of the covered individual taking the leave only for cause; and</text> </level> <level label="2"> <text>deny restoration of a covered individual’s position of employment under subsection (b) of this section if:</text> <level label="i"> <text>the denial is necessary to prevent substantial and grievous economic injury to the operations of the employer;</text> </level> <level label="ii"> <text>the employer notifies the covered individual of the intent of the employer to deny restoration of the covered individual’s position of employment at the time the employer determines the economic injury would occur; and</text> </level> <level label="iii"> <text>if the leave has already begun in a case of leave from work for which benefits may be paid under this title, the covered individual elects not to return to employment after receiving notice of the employer’s intention to deny restoration of the covered individual’s position of employment.</text> </level> </level> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-707" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="7" subtitle_name="Benefits"> <text>If a covered individual is receiving benefits under this title or is taking leave for which benefits may be paid under this title, the employer of the covered individual shall continue any employment health benefits in the same manner as required under maintenance of health benefits in the federal Family and Medical Leave Act for the time period that the covered individual is absent from work or receiving benefits under this title.</text> </section> <section article="gle" article_name="Labor and Employment" number="8.3-801" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="8" subtitle_name="Notice to Employees"> <level label="a"> <text>An employer shall provide written notice to each employee of the rights and duties of an employee under this title at the time of hire and annually thereafter.</text> </level> <level label="b"> <level label="1"> <text>When an employee requests leave under this title, or when an employer knows that an employee’s leave may be for a reason under § 8.3–302 of this title, the employer shall notify the employee of the employee’s eligibility to take leave for which benefits may be paid under this title within 5 business days.</text> </level> <level label="2"> <text>The notice provided under paragraph (1) of this subsection shall include:</text> <level label="i"> <text>the right of a covered employee to receive Program benefits under this title;</text> </level> <level label="ii"> <text>the procedure for filing a claim for benefits;</text> </level> <level label="iii"> <text>a covered employee’s responsibilities with respect to providing notification prior to the commencement of leave and any penalties for failing to do so;</text> </level> <level label="iv"> <text>the right of an employee to file a complaint for alleged violations of this title;</text> </level> <level label="v"> <text>the right of a covered employee to job protection; and</text> </level> <level label="vi"> <text>a description of the prohibited acts, penalties, and complaint procedures under Subtitle 9 of this title.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>The Department shall develop standard notices for an employer to use under this subtitle.</text> </level> <level label="2"> <text>The notices required under this subtitle shall be provided in accordance with regulations adopted by the Secretary.</text> </level> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-901" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="9" subtitle_name="Prohibited Acts; Penalties"> <level label="a"> <text>If an individual willfully makes a false statement or misrepresentation regarding a material fact or willfully fails to report a material fact to obtain benefits under this title, the individual is disqualified from receiving benefits for 1 year.</text> </level> <level label="b"> <text>If an employer willfully makes or causes to be made a false statement or willfully fails to report a material fact regarding a claim for benefits by an employee, the employer is subject to a civil penalty of up to $1,000 for each occurrence.</text> </level> <level label="c"> <text>An employer may not willfully:</text> <level label="1"> <text>fail or refuse to pay contributions to the Fund; or</text> </level> <level label="2"> <text>take deductions from the wages of an employee to pay any portion of the employer contributions due from the employer.</text> </level> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-902" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="9" subtitle_name="Prohibited Acts; Penalties"> <level label="a"> <text>The Department may seek repayment of benefits from an individual who received benefits under this title if:</text> <level label="1"> <text>the benefits were paid erroneously or as a result of willful misrepresentation by the individual; or</text> </level> <level label="2"> <text>a claim for benefits under this title is rejected after the benefits were paid.</text> </level> </level> <level label="b"> <text>The Secretary may waive in whole or in part the repayment of benefits under subsection (a) of this section if:</text> <level label="1"> <text>the error in payment was not due to any false statement, nondisclosure of material fact, or misrepresentation by a covered individual; or</text> </level> <level label="2"> <text>the repayment would be against equity and good conscience or administrative efficiency.</text> </level> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-903" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="9" subtitle_name="Prohibited Acts; Penalties"> <text>If an employer or a self–employed individual fails to pay the contributions due to the Fund, the Secretary may, in accordance with § 8.3–404 of this title:</text> <level label="1"> <text>assess the amount of contributions and interest due;</text> </level> <level label="2"> <text>make an additional assessment in an amount not to exceed two times the contributions withheld, as a penalty for failure to pay the contributions due; and</text> </level> <level label="3"> <text>order an audit of the employer for the immediately following fiscal year to investigate and determine compliance with this title and Titles 3, 8, and 9 of this article.</text> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-904" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="9" subtitle_name="Prohibited Acts; Penalties"> <text>A person may not discharge, demote, or otherwise discriminate or take adverse action against a covered individual because the covered individual has:</text> <level label="1"> <text>filed for, applied for, or received benefits, or taken family or medical leave for which benefits may be paid under this title;</text> </level> <level label="2"> <text>inquired about the rights and responsibilities under this title;</text> </level> <level label="3"> <text>communicated to the person an intent to file a claim, a complaint, or an appeal under this title; or</text> </level> <level label="4"> <text>testified or intends to testify or otherwise has assisted in a proceeding under this title.</text> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-905" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="9" subtitle_name="Prohibited Acts; Penalties"> <level label="a"> <text>If an employee or the Department believes that an employer, a self–employed individual, or an insurer has violated this title or regulations adopted by the Department under this title, the employee or the Department may file a written complaint with the Secretary’s designee.</text> </level> <level label="b"> <level label="1"> <text>Within 90 days after the receipt of a written complaint, the Secretary’s designee shall conduct an investigation and attempt to resolve the issue informally through mediation.</text> </level> <level label="2"> <level label="i"> <text>If the Secretary’s designee is unable to resolve an issue through mediation during the period stated in paragraph (1) of this subsection and the Secretary’s designee determines that an employer has violated this subtitle, the Secretary’s designee shall issue an order.</text> </level> <level label="ii"> <text>An order issued under subparagraph (i) of this paragraph:</text> <level label="1"> <text>shall describe the violation;</text> </level> <level label="2"> <text>shall direct, if appropriate, the recovery of lost wages and damages equal to the amount of wages, salary, employment benefits, or other compensation denied or lost, and any actual economic damages;</text> </level> <level label="3"> <text>may, in the Secretary’s discretion, seek reinstatement or the hiring of employees with or without back pay; and</text> </level> <level label="4"> <text>may, in the discretion of the Secretary’s designee, assess a civil penalty of up to $1,000 for each employee for whom the employer is not in compliance with this title.</text> </level> </level> </level> <level label="3"> <text>The actions taken under paragraphs (1) and (2) of this subsection are subject to the hearing and notice requirements of Title 10, Subtitle 2 of the State Government Article.</text> </level> </level> <level label="c"> <level label="1"> <text>Within 30 days after the Secretary issues an order, an employer shall comply with the order.</text> </level> <level label="2"> <text>If an employer does not comply with an order within the time period stated in paragraph (1) of this subsection:</text> <level label="i"> <text>the Secretary may:</text> <level label="1"> <text>with the written consent of the employee, ask the Attorney General to bring an action on behalf of the employee in the county where the employer is located; or</text> </level> <level label="2"> <text>bring an action to enforce the order for the civil penalty in the county where the employer is located; and</text> </level> </level> <level label="ii"> <text>within 3 years after the date of the order, an employee may bring a civil action to enforce the order in the county where the employer is located.</text> </level> </level> <level label="3"> <text>If an employee prevails in an action brought under paragraph (2)(ii) of this subsection to enforce an order, the court may award:</text> <level label="i"> <text>three times the value of the employee’s lost wages and damages equal to the amount of wages, salary, employment benefits, or other compensation denied or lost;</text> </level> <level label="ii"> <text>punitive damages in an amount to be determined by the court;</text> </level> <level label="iii"> <text>reasonable counsel fees and other costs;</text> </level> <level label="iv"> <text>injunctive relief, if appropriate; and</text> </level> <level label="v"> <text>any other relief that the court deems appropriate.</text> </level> </level> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-906" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="9" subtitle_name="Prohibited Acts; Penalties"> <level label="a"> <level label="1"> <level label="i"> <text>The Secretary shall establish a system for appeals by covered individuals regarding determinations of benefit amounts, benefit durations, and denials of benefits under this title.</text> </level> <level label="ii"> <text>A covered individual must file an appeal under subparagraph (i) of this paragraph within 30 days after the determination is made or benefits are denied, unless good cause can be shown for the delay.</text> </level> <level label="iii"> <text>If a covered individual prevails in an appeal of an adverse decision of an employer or insurer, the Department may assess the Department’s costs of the appeal against the employer or insurer.</text> </level> </level> <level label="2"> <text>The Secretary may use the procedures under § 8–806 of this article for the system required under paragraph (1) of this subsection.</text> </level> </level> <level label="b"> <text>Judicial review of any decision with respect to benefits under this title shall be allowed in a court of competent jurisdiction after an aggrieved party has exhausted all administrative remedies established by the Secretary under this title.</text> </level> <level label="c"> <text>The Secretary shall implement procedures to ensure confidentiality of all information related to any claims filed or appeals taken to the maximum extent allowed by law.</text> </level> </section> <section article="gle" article_name="Labor and Employment" number="8.3-1001" title_number="8.3" title_name="Family and Medical Leave Insurance Program" subtitle_number="10" subtitle_name="Short Title"> <text>This title may be cited as the Maryland Family and Medical Leave Insurance Program.</text> </section>