(a) Except as provided in § 8-307 of this article, each employee in the State Personnel Management System, except a temporary employee, is entitled, on termination of State employment, to compensation for no more than 2 days of unused compensatory leave earned during the calendar year in which the employee's State employment terminates. (b) Subsection (a) of this section does not apply to employees covered by a collective bargaining agreement or as otherwise required by federal law. §9-1001. IN EFFECT (a) Subject to subsection (b) of this section, the Secretary shall adopt regulations, guidelines, or policies implementing the federal Family and Medical Leave Act of 1993. (b) The regulations adopted by the Secretary: (1) may require an eligible employee to use other available accrued leave concurrently with family and medical leave; and (2) may not limit, to less than 24 weeks, the aggregate number of weeks of family and medical leave that two employees who are married to one another may use during a 12-month period for: (i) the birth of the employees' child; (ii) the placement of a child with the employees for adoption or foster care; (iii) the serious health condition of the employees' child, if the child is a minor; or (iv) the care of the employees' adult child, if the adult child is incapable of self-care. §9-1001. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 606 OF 2025 ** (a) In this subtitle the following words have the meanings indicated. (b) "Application year" means the 12-month period beginning on the Sunday of the calendar week in which leave under this subtitle begins. (c) "Deployment" means a service member acting under official orders who, on any day, is performing service in a training exercise or operation at a location or under circumstances that make it impossible or infeasible for the service member to spend off-duty time in the housing in which the service member resides when on garrison duty at the service member's permanent duty station or home port. (d) "Family member" means: (1) a biological child, an adopted child, a foster child, or a stepchild of the employee; (2) a child for whom the employee has legal or physical custody or guardianship; (3) a child for whom the employee stands in loco parentis, regardless of the child's age; (4) a biological parent, an adoptive parent, a foster parent, or a stepparent of the employee or of the employee's spouse; (5) the legal guardian of the employee or the ward of the employee or of the employee's spouse; (6) an individual who acted as a parent or stood in loco parentis to the employee or the employee's spouse when the employee or the employee's spouse was a minor; (7) the spouse of the employee; (8) a domestic partner of the employee; (9) a biological grandparent, an adoptive grandparent, a foster grandparent, or a stepgrandparent of the employee; (10) a biological grandchild, an adopted grandchild, a foster grandchild, or a stepgrandchild of the employee; or (11) a biological sibling, an adopted sibling, a foster sibling, or a stepsibling of the employee. (e) "Paid family and medical leave" means leave from work taken under § 9-1004(a)(1) of this subtitle that is paid at the employee's regular rate of pay. (f) "Qualifying exigency" means any of the following reasons for which leave may be needed by a family member of a service member: (1) the service member has received notice of deployment within 7 days before the deployment is to begin; (2) to attend military events and related activities including family support programs related to the active duty of the service member; (3) to arrange, provide, or attend child care or school activities only when the service member is on active duty call or active duty status; (4) to make financial and legal arrangements for the service member's absence or because of the absence; (5) to attend counseling that: (i) is needed due to the active duty or call to active duty status of the service member; and (ii) is provided by an individual who is not a licensed health care provider; (6) to spend up to 15 calendar days with a service member who is on short-term temporary rest and recuperation leave during the period of deployment; (7) to attend postdeployment activities including reintegration services for a period of 90 days immediately following the termination of active status; (8) to attend to matters related to the death of the service member while on active duty status; (9) to arrange for or provide alternative care for a parent of the service member when the parent is incapable of self-care and the covered active duty or call to active duty necessitates a change; or (10) any other issues that arise out of active duty or a call to active duty that an appointing authority and employee agree should be covered. (g) (1) "Serious health condition" means an illness, an injury, an impairment, or a physical or mental condition that involves: (i) inpatient care in a hospital, hospice, or residential health care facility; (ii) continued treatment by a licensed health care provider; or (iii) continued treatment or supervision at home by a licensed health care provider or other competent individual under the supervision of a licensed health care provider. (2) "Serious health condition" includes an illness, an injury, an impairment, or a physical or mental condition described in paragraph (1) of this subsection that continues over an extended period of time and requires intermittent treatment. (h) "Service member" means an individual who is an active duty or former member of: (1) the United States armed forces; (2) a reserve component of the United States armed forces; or (3) the National Guard of any state. (i) "Treatment" includes: (1) examinations or testing to determine the extent to which a serious health condition exists or persists; (2) ongoing or periodic evaluations of the serious health condition; and (3) actual treatment by a health care provider. §9-1002. NOT IN EFFECT ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 606 OF 2025 ** This subtitle applies to all employees, including temporary employees, of all units in the Executive Branch of State government only, including any unit with an independent personnel system. §9-1003. NOT IN EFFECT ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 606 OF 2025 ** (a) The Secretary, or the governing body of a public institution of higher education, shall adopt regulations governing paid family and medical leave benefits under this subtitle, including regulations that establish conditions and procedures for requesting and approving paid family and medical leave to the extent that the regulations do not conflict with this subtitle. (b) The Secretary, or the governing body of a public institution of higher education, may delegate to an employee or an appointing authority any power or duty that is reasonable and proper for the administration of this title. (c) If an employee takes leave from work under this subtitle, the appointing authority, on the expiration of the leave, shall restore the employee to the same or an equivalent position of employment. (d) Quarterly informational wage and hour reports shall be filed with the Maryland Department of Labor that provide the amount of wages and hours worked for each employee for each week in the immediately preceding calendar quarter. §9-1004. NOT IN EFFECT ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 606 OF 2025 ** (a) (1) Subject to paragraph (2) of this subsection, beginning July 1, 2026, an employee may submit a request for paid family and medical leave in accordance with established procedures: (i) 1. to care for a newborn child of the employee during the first year after the child's birth; or 2. because a child is being placed for adoption, foster care, or kinship care with the employee or to care for or bond with the child during the first year after the placement; (ii) to care for a family member with a serious health condition; (iii) to attend to a serious health condition that results in the employee being unable to perform the functions of the employee's position; (iv) to care for a service member with a serious health condition resulting from military service for whom the employee is next of kin; or (v) to attend to a qualifying exigency arising out of the deployment of a service member who is a family member of the employee. (2) (i) Except as provided under subparagraph (ii) of this paragraph, if the need to use leave is foreseeable, an employee taking leave under this subtitle may be required to provide written notice of the employee's intention to take leave at least 30 days before commencing the leave. (ii) If the need to use leave is not foreseeable, the employee shall: 1. provide notice as soon as practicable; and 2. generally comply with the notice or procedural requirements for requesting or reporting other leave if those requirements do not interfere with the employee's ability to use leave under this subtitle. (b) (1) Subject to paragraph (3) of this subsection, an individual may file an application for leave within 60 days before the anticipated start date of the leave but not later than 60 days after the start date of the leave. (2) To be considered complete, an application shall contain all information required. (3) (i) The filing deadline established under paragraph (1) of this subsection shall be waived for good cause. (ii) If the employee does not have good cause for the delay in completing the application, leave may be denied under this subtitle. (c) (1) Subject to paragraphs (2) and (3) of this subsection, an employee may take the leave for which the individual is eligible under subsection (a) of this section on an intermittent leave schedule. (2) If leave is taken on an intermittent leave schedule, the employee shall: (i) make a reasonable effort to schedule the intermittent leave in a manner that does not unduly disrupt operations; and (ii) provide reasonable and practicable prior notice of the reason for which the intermittent leave is necessary. (3) An employee may not take intermittent leave in an increment of less than 4 hours. (4) If leave is taken the total amount of leave to which the employee is entitled may not be reduced beyond the amount of leave actually taken. (d) An employee may appeal a denial of leave in accordance with the appeal procedures established by the Secretary of Labor for the Family and Medical Leave Insurance Program. §9-1005. NOT IN EFFECT ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 606 OF 2025 ** (a) (1) Except as provided in paragraph (2) of this subsection, an employee may not receive more than 12 weeks of leave in an application year. (2) An employee may receive an additional 12 weeks of leave if the employee during the same application year: (i) 1. received leave because the employee was eligible for leave under § 9-1004(a)(1)(i) of this subtitle; and 2. becomes eligible for leave under § 9-1004(a)(1)(iii) of this subtitle; or (ii) 1. received leave because the employee was eligible for leave under § 9-1004(a)(1)(iii) of this subtitle; and 2. becomes eligible for leave under § 9-1004(a)(1)(i) of this subtitle. (b) If an employee takes leave under this subtitle, the leave shall run concurrently with eligible leave that may be taken by the employee under the federal Family and Medical Leave Act. (c) The leave taken under the federal Family and Medical Leave Act may be counted against an employee's maximum duration of leave available under this subtitle in an application year for the same purpose, if: (1) a period of leave is designated as covered by the federal Family and Medical Leave Act for an employee who would also qualify for leave under § 9- 1004(a)(1) of this subtitle; (2) the employee is notified of the employee's eligibility for leave under this subtitle; and (3) the employee declines to apply for leave under this subtitle. (d) An employee may not be required to use or exhaust paid vacation, paid sick leave, or other paid time off provided to the employee before, or while, taking leave under this title. §9-1006. NOT IN EFFECT ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 606 OF 2025 ** (a) Subject to subsection (b) of this section, the Secretary shall adopt regulations, guidelines, or policies implementing the federal Family and Medical Leave Act of 1993. (b) The regulations adopted by the Secretary: (1) may require an eligible employee to use other available accrued leave concurrently with family and medical leave; and (2) may not limit, to less than 24 weeks, the aggregate number of weeks of family and medical leave that two employees who are married to one another may use during a 12-month period for: (i) the birth of the employees' child; (ii) the placement of a child with the employees for adoption or foster care; (iii) the serious health condition of the employees' child, if the child is a minor; or (iv) the care of the employees' adult child, if the adult child is incapable of self-care.
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