MD paid leave in the hands of the Governor

The MD legislature has approved a bill (SB 275) that would establish a state family and medical leave insurance program, providing for paid leave. The bill was sent to Governor Hogan’s desk, and, while he could veto the bill, if he does, the House and Senate will have an opportunity to override his veto before the General Assembly Session adjourns Sine Die on April 11 at midnight.

Under the Time to Care Act, all employers with at least one employee are covered. Employees are eligible to take the leave if they have worked at least 680 hours in the 12 months before leave is to begin. Employers with 15 or more employees would contribute to the paid leave fund.

Employees could take the leave for the following reasons:

• To care for a child during the first year after birth or placement
• To care for a family member with a serious health condition
• Because the employee has a serious health condition
• To care for a service member who is the employee’s next of kin or
• To handle a qualifying exigency due to a family member’s military service

Generally, employees would get up to 12 weeks of leave, but if employees take 12 weeks of leave because of a serious illness, they could take another 12 weeks to bond with a new child.

The law has a longer list of family members for whom employees may care for including custody or guardianship of an employee, grandparents, grandchildren, and siblings.

Employees would file claims for the benefits with the state. The state’s Department of Labor is tasked with figuring out the contribution rates of employers and employees, as it will administer the fund. As written, employer contributions would be between 25 percent and 75 percent.

Fund contributions would begin October 1, 2023, and employees could take the leave beginning January 1, 2025.