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Maryland time to care act.Maryland Time to Care Act of 2022

 

However, on April 9, , legislators in the Maryland General Assembly voted to override the veto and ultimately passed the Act. While benefits under the Act will not start to be paid out until January 1, , employers should be mindful of the regulations to be put in place by the Maryland Secretary of Labor to administer the Fund. We will also closely monitor any developments and are happy to discuss the program and process with you further.

Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation.

The author has provided the links referenced above for information purposes only and by doing so, does not adopt or incorporate the contents. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.

See more ». This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies. Sasha Hodge-Wren. To embed, copy and paste the code into your website or blog:. Employees can qualify for up to 24 weeks of paid leave if they take parental leave and need additional time to tend to a serious health condition that prohibits them from performing the functions of their job.

The leave may be taken continuously or on an intermittent basis. However, if taken intermittently, it cannot be taken in less than four-hour increments at a time. For example, an employee who works 14 hours per week will qualify for FAMLI benefits within one year of part-time employment.

What if an employee works for more than one employer? Are all employers required to contribute? As it currently stands, yes. The law designates paychecks as the primary focus of the contributions, not individual employers or employees. Absent any regulation that clarifies the issue e. How are contributions calculated? Although previous drafts of the law included specific formulas to calculate contributions, the enacted law defers to the Secretary of Labor. By June 1, , the Secretary will set the total rate of contribution, factoring in average wages, inflation, consumer-price index analysis, etc.

Can contribution rates differ between employers? Once set, the contribution rate will last for two years and may not vary between employees or employers. When must an employer start making contributions? While the contribution percentage will be set by June 1, , contributions need not be made until October 1, Do employers have to make contributions for all of its employees?

The law does not provide whether an employer can elect to pay a portion of the contribution for some employees but not others. Can a self-employed individual participate? A self-employed individual can participate in the FAMLI program by paying the total contribution rate.

The total contribution rate must be applied to all wages up to and including the Social Security wage base. An election to participate becomes effective on the date the self-employed individual files notice with the Department of Labor and will run for three 3 years thereafter. What happens if an employer fails to make the required contributions? A failure to pay the contribution will result in a civil suit.

In fact, the Act enables 1 the Attorney General or 2 any qualified attorney employed or designated by the Department of Labor to bring the action in the county where the violation occurred. Penalties for failure to contribute include: 1 payment of the amount in contributions owed plus interest; 2 a penalty of no more than twice the amount owed; and 3 an audit. However, an employee will be required to exhaust employer provided leave benefits whether negotiated in a collective bargaining agreement or not prior to becoming eligible from FAMLI benefits.

What if an employer already provides a paid leave plan? An employer may elect to keep its private plan if that plan meets or exceeds the rights, protections, and benefits guaranteed by the Act. Thus, the employer must offer its plan to all employees who have worked at least hours in the last year e.

An employer must also file its plan with the Department of Labor for approval. A covered employee must exhaust all employer-provided leave that is not required to be provided under the law before receiving any Maryland FAMLI benefits.

As a general rule, no. The Act contemplates a maximum of 12 weeks paid leave. In certain cases, though, an employee may take an additional 12 weeks of paid leave.

Of course, the law provides no restrictions on employer provided leave plans that allow employees to take more than 12 weeks of leave, for example where employees are allowed to accumulate leave over a period of many years or where there is an employee sick leave bank. What can a covered employee expect in paid leave benefits? Upon return from leave, the employer must restore the employee to an equivalent position of employment.

Under certain circumstances, an employer may deny comparable restoration if 1 the denial is necessary to prevent substantial and grievous economic injury to the employer; 2 the employer notifies the individual; and 3 the individual elects not to return. See 8.