<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 09.42.04.05" title_num="09" subtitle_num="42" chapter_num="04" heading="Determination of Length of FAMLI Leave.">
  <paragraph num="A.">
    <text>General.</text>
    <paragraph num="(1)">
      <text>Except as outlined in §A(2) of this regulation, any claimant may receive up to 12 weeks of FAMLI benefits and leave per employer per application year.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A claimant may receive an additional 12 weeks of FAMLI benefits and leave if the claimant during the same application year:</text>
      <paragraph num="(a)">
        <text>Received medical leave and becomes eligible for bonding leave; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Received bonding leave and becomes eligible for medical leave.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>For each claim, a claimant may be approved for the lesser of:</text>
      <paragraph num="(a)">
        <text>12 weeks;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The remaining FAMLI leave balance for the claimant for the application year;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The amount requested; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>If applicable, the amount supported by any required documentation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Family Leave.</text>
    <paragraph num="(1)">
      <text>Bonding Leave.</text>
      <paragraph num="(a)">
        <text>Birth of a Child. Any claimant seeking leave for bonding with a child may apply for up to 12 weeks of FAMLI leave within the first 12 months beginning on the date of the birth.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Adoption, Foster Care, or Kinship Care.</text>
        <paragraph num="(i)">
          <text>Any claimant seeking leave for bonding with a child placed through adoption, fostering, or kinship care may apply for up to 12 weeks of FAMLI leave within 12 months of the placement.</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>FAMLI leave may also be used in anticipation of placement for court appearances, legal appointments, placement agency appointments, counseling appointments, medical appointments, and travel, provided they are substantiated by documentation required.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Caring for a Family Member.</text>
      <paragraph num="(a)">
        <text>A claimant seeking leave to care for a family member may apply for up to 12 weeks of FAMLI leave provided documentation from a licensed health care provider substantiating the time period requested is submitted with the application.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Death of Family Member. If the covered individual is on approved FAMLI leave and the person they are caring for dies, the reason for that leave has ended.</text>
        <paragraph num="(i)">
          <text>Benefits shall continue to be paid to the covered individual until 7 days after the death of the family member or the previously approved end date for the leave, whichever date is soonest.</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The covered individual shall provide notice of the date of death of the family member for whom the covered individual was caring within 72 hours of the person’s passing.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Uniformed Services Caregiving. A claimant seeking leave to care for a service member may apply for up to 12 weeks of FAMLI leave provided documentation from a licensed health care provider substantiating the time period requested is submitted with the application.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Medical Leave. A claimant seeking leave for their own serious health condition may apply for up to 12 weeks of FAMLI leave provided documentation from a licensed health care provider substantiating the time period requested is submitted with the application.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Qualified Exigency Leave. A claimant seeking leave for a qualifying exigency may apply for up to 12 weeks of FAMLI leave provided documentation outlined in COMAR 09.42.04.04(B)(5)(e) substantiating the time period requested is submitted with the application.</text>
  </paragraph>
</regulation>