April 21st, 2022
New Maryland Law Providing Paid Family Leave
Author: Darla J. McClure
Maryland, by an override of Governor Larry Hogan’s veto, just enacted the Time to Care Act, which establishes the Family and Medical Leave Insurance Program. Under this new law, eligible employees will receive 12 weeks of job protected leave with wage replacement benefits of up to $1,000 per week in order to:
- Care for a child as a result of birth, foster care or adoption; or
- Care for a family member with a serious health condition; or
- Take leave related to a serious health condition that renders the employee unable to perform the functions of their position or
- Care for a service member who is the employee’s next of kin; or
- Take leave relating to a qualifying exigency arising out of the deployment of a services member who is a family member.
Employer is broadly defined and includes any person that employs at least one person in the State and eligible employees is defined as those who have worked at least 680 hours over the most recent 12-month period immediately preceding the date on which the leave is to begin.
The new law will not go into effect until January 1, 2025; however, the payroll tax within which this new wage replacement benefit will be funded will begin on October 1, 2023. While the payroll tax will be paid by employees, the tax will be split between the employer and employee for those employers who have 15 or more employees. More details will follow once the Department of Labor provides guidance and regulations relating to the Program which is supposed to come no later than June 1, 2023.
DC adopted the Universal Paid Leave Amendment Act which gave eligible employees access paid leave benefits beginning July 1, 2020.