# Labor and Employment (GLE)

## Title 8.3. Family and Medical Leave Insurance Program

### Subtitle 4. Administration

#### Section 8.3-401

This title shall be administered under the supervision of the Secretary.

#### Section 8.3-402

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.

#### Section 8.3-403

(a) The Secretary, in consultation with other State agencies and relevant stakeholders, shall:

  (1) subject to subsection (b) of this section, adopt regulations necessary to carry out this title;

  (2) establish procedures and forms for filing claims for benefits, including:

    (i) procedures for notifying an employer within 5 business days after any of the following occurs:

      (1) an employee files an electronic application regarding a claim for benefits;

      (2) an employee's paper application regarding a claim for benefits is processed;

      (3) a determination regarding a claim for benefits is made;

      (4) an appeal for a determination regarding a claim for benefits is filed; or

      (5) a change is made to a determination regarding a claim for benefits; and

    (ii) notices of elections by self-employed individuals for benefits under Sec. 8.3-201 of this title;

  (3) establish procedures and forms for electronic filing of reports, notices, and other required documents by employers;

  (4) use information-sharing and integration technology to facilitate the disclosure of relevant information or records needed for the administration of this title; and

  (5) subject to subsection (d) of this section, carry out a public education program.

(b) 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.

(c)

  (1) Subject to paragraph (2) of this subsection, a covered individual under Sec. 8.3-302(2), (3), (4), or (5) of this title shall provide certification for a claim for benefits under this title.

  (2) A certification for a claim for benefits for a covered individual under Sec. 8.3-302(2), (3), or (4) of this title shall include:

    (i) 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;

    (ii) the date on which the serious health condition of the family member, covered individual, or service member commenced;

    (iii) the probable duration of the serious health condition;

    (iv) the appropriate facts related to the serious health condition within the knowledge of the licensed health care provider;

    (v)

      (1) for a claim for benefits under Sec. 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

      (2) for a claim for benefits under Sec. 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

    (vi)

      (1) for a certification for intermittent leave under Sec. 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

      (2) for a certification of intermittent leave under Sec. 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.

  (3) The Secretary shall establish:

    (i) standards in regulation for the certification of claims for benefits under Sec. 8.3-302(5) of this title;

    (ii) standards for verifying the identity of a family member or next of kin for a claim for benefits under Sec. 8.3-302(2), (4), or (5) of this title; and

    (iii) procedures for an employer to provide evidence of suspected fraud to the Secretary.

(d)

  (1) The Secretary may use a portion of the funds paid under Sec. 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.

  (2) Materials used in the public education program required under subsection (a)(5) of this section shall be made available in English and Spanish.

(e) The Secretary may use a portion of the funds paid under Sec. 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.

#### Section 8.3-404

(a) Subject to Sec. 8.3-905 of this title, to enforce this title, the Secretary may:

  (1) conduct an investigation under this title, on the Secretary's own initiative or on receipt of a written complaint;

  (2) administer an oath;

  (3) certify to an official act;

  (4) take a deposition;

  (5) issue a subpoena for the attendance of a witness to testify or the production of books, correspondence, memoranda, papers, or other records; and

  (6) bring a civil action in the county where the violation allegedly occurred.

(b)

  (1) 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.

  (2) 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.

  (3)

    (i) 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.

    (ii)

      (1) 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.

      (2) If the person commits perjury while giving testimony, the person is subject to prosecution for that offense.

#### Section 8.3-405

Subject to Sec. 8.3-905 of this title, in a civil action to enforce this title, the Secretary and the State may be represented by:

(1) the Attorney General; or

(2) any qualified attorney who:

  (i) is a salaried employee of the Secretary; and

  (ii) on recommendation of the Attorney General, is designated to represent the Secretary or the Board of Appeals and the State.

#### Section 8.3-406

(a) On or before October 1 each year, the Secretary shall submit to the Governor and, in accordance with Sec. 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.

(b) The annual report shall include information regarding:

  (1) actual Program participation rates that includes:

    (i) the number of claims for benefits submitted, both in total and for each category listed in Sec. 8.3-302 of this title;

    (ii) the number of claims included under item (i) of this item broken down by:

      (1) jurisdiction;

      (2) race and ethnicity;

      (3) gender;

      (4) zip code; and

      (5) age;

    (iii) the number of claims for benefits approved, both in total and for each category listed in Sec. 8.3-302 of this title;

    (iv) the number of claims included under item (iii) of this item broken down by:

      (1) jurisdiction;

      (2) race and ethnicity;

      (3) gender;

      (4) zip code; and

      (5) age;

    (v) the total number of claims for benefits denied, both in total and by category listed in Sec. 8.3-602 of this title; and

    (vi) the number of claims included under item (v) of this item broken down by:

      (1) jurisdiction;

      (2) race and ethnicity;

      (3) gender;

      (4) zip code; and

      (5) age;

  (2) projected participation rates;

  (3) contribution rates;

  (4) projected and actual Fund balances;

  (5) public outreach and technical assistance efforts, including any grants issued under Sec. 8.3-403(d)(1)(ii) of this subtitle;

  (6) all enforcement efforts;

  (7) the number and status of complaints under Subtitle 9 of this title;

  (8) the costs of administering the Program attributable to each of the following:

    (i) employers;

    (ii) employees of employers;

    (iii) self-employed individuals; and

    (iv) the State;

  (9) the State agencies and relevant stakeholders that were consulted as required under this title; and

  (10) 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 Sec. 5 of Chapter 48 of the Acts of the General Assembly of 2022.

(c) The reporting requirement established under subsection (a) of this section does not apply to an employer that has a private employer plan described in Sec. 8.3-705 of this title.

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Md. Code Ann., Lab. & Empl. (as displayed at mgaleg.maryland.gov, October 16, 2026)