# Labor and Employment (GLE)

## Title 8.3. Family and Medical Leave Insurance Program

### Subtitle 9. Prohibited Acts; Penalties

#### Section 8.3-901

(a) 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.

(b) 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.

(c) An employer may not willfully:

  (1) fail or refuse to pay contributions to the Fund; or

  (2) take deductions from the wages of an employee to pay any portion of the employer contributions due from the employer.

#### Section 8.3-902

(a) The Department may seek repayment of benefits from an individual who received benefits under this title if:

  (1) the benefits were paid erroneously or as a result of willful misrepresentation by the individual; or

  (2) a claim for benefits under this title is rejected after the benefits were paid.

(b) The Secretary may waive in whole or in part the repayment of benefits under subsection (a) of this section if:

  (1) the error in payment was not due to any false statement, nondisclosure of material fact, or misrepresentation by a covered individual; or

  (2) the repayment would be against equity and good conscience or administrative efficiency.

#### Section 8.3-903

If an employer or a self-employed individual fails to pay the contributions due to the Fund, the Secretary may, in accordance with Sec. 8.3-404 of this title:

(1) assess the amount of contributions and interest due;

(2) 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

(3) 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.

#### Section 8.3-904

A person may not discharge, demote, or otherwise discriminate or take adverse action against a covered individual because the covered individual has:

(1) filed for, applied for, or received benefits, or taken family or medical leave for which benefits may be paid under this title;

(2) inquired about the rights and responsibilities under this title;

(3) communicated to the person an intent to file a claim, a complaint, or an appeal under this title; or

(4) testified or intends to testify or otherwise has assisted in a proceeding under this title.

#### Section 8.3-905

(a) 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.

(b)

  (1) 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.

  (2)

    (i) 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.

    (ii) An order issued under subparagraph (i) of this paragraph:

      (1) shall describe the violation;

      (2) 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;

      (3) may, in the Secretary's discretion, seek reinstatement or the hiring of employees with or without back pay; and

      (4) 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.

  (3) 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.

(c)

  (1) Within 30 days after the Secretary issues an order, an employer shall comply with the order.

  (2) If an employer does not comply with an order within the time period stated in paragraph (1) of this subsection:

    (i) the Secretary may:

      (1) 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

      (2) bring an action to enforce the order for the civil penalty in the county where the employer is located; and

    (ii) 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.

  (3) If an employee prevails in an action brought under paragraph (2)(ii) of this subsection to enforce an order, the court may award:

    (i) 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;

    (ii) punitive damages in an amount to be determined by the court;

    (iii) reasonable counsel fees and other costs;

    (iv) injunctive relief, if appropriate; and

    (v) any other relief that the court deems appropriate.

#### Section 8.3-906

(a)

  (1)

    (i) 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.

    (ii) 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.

    (iii) 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.

  (2) The Secretary may use the procedures under Sec. 8-806 of this article for the system required under paragraph (1) of this subsection.

(b) 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.

(c) 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.

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