Text of MD HB 1272 (2010)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb1272* HOUSE BILL 1272 K3, P4 0lr1115 By: Delegates Mizeur, Barkley, Barnes, Bronrott, Carr, Feldman, Frick, Gilchrist, Glenn, Gutierrez, Hammen, Hecht, Hixson, Hucker, Ivey, Kaiser, Krysiak, Lafferty, Lee, Love, Manno, McHale, McIntosh, Montgomery, Murphy, Niemann, Pena–Melnyk, Pendergrass, Reznik, Riley, Rosenberg, Ross, Taylor, F. Turner, and Waldstreicher Introduced and read first time: February 18, 2010 Assigned to: Economic Matters A BILL ENTITLED AN ACT concerning 1 Maryland Family and Medical Leave Act 2 FOR the purpose of requiring employers in the State that are subject to the federal 3 Family and Medical Leave Act of 1993 to provide certain leave to a certain 4 eligible employee with respect to the eligible employee’s brother, sister, 5 grandparent, grandchild, or domestic partner and the son or daughter of the 6 eligible employee’s domestic partner; providing that an eligible employee who 7 takes leave provided under this Act is entitled to certain protections and rights; 8 providing that the amount of leave taken by an eligible employee under the 9 federal Family and Medical Leave Act of 1993 during a certain period of time 10 shall be counted against the amount of leave the eligible employee is entitled to 11 under this Act; requiring the Commissioner of Labor and Industry to enforce 12 this Act and adopt regulations to carry out this Act; defining certain terms; and 13 generally relating to family and medical leave benefits. 14 BY adding to 15 Article – Labor and Employment 16 Section 3–803 17 Annotated Code of Maryland 18 (2008 Replacement Volume and 2009 Supplement) 19 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 20 MARYLAND, That the Laws of Maryland read as follows: 21 Article – Labor and Employment 22 3–803. 23 2 HOUSE BILL 1272 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE 1 MEANINGS INDICATED. 2 (2) “DOMESTIC PARTNER” MEANS AN INDIVIDUAL WHO IS IN A 3 DOMESTIC PARTNERSHIP, AS DEFINED IN § 6–101 OF THE HEALTH – GENERAL 4 ARTICLE, WITH AN ELIGIBLE EMPLOYEE. 5 (3) “ELIGIBLE EMPLOYEE” HAS THE MEANING STATED IN 29 6 U.S.C. § 2611. 7 (4) “FMLA” MEANS THE FEDERAL FAMILY AND MEDICAL LEAVE 8 ACT OF 1993. 9 (B) THIS SECTION APPLIES TO EMPLOYERS IN THE STATE THAT ARE 10 SUBJECT TO FMLA. 11 (C) AN EMPLOYER SUBJECT TO THIS SECTION SHALL PROVIDE THE 12 SAME LEAVE TO AN ELIGIBLE EMPLOYEE TO WHICH THE ELIGIBLE EMPLOYEE IS 13 ENTITLED UNDER FMLA WITH RESPECT TO A SPOUSE, SON, DAUGHTER, OR 14 PARENT OF THE ELIGIBLE EMPLOYEE WITH RESPECT TO: 15 (1) THE ELIGIBLE EMPLOYEE’S BROTHER, SISTER, 16 GRANDPARENT, GRANDCHILD, OR DOMESTIC PARTNER; AND 17 (2) THE SON OR DAUGHTER OF THE ELIGIBLE EMPLOYEE’S 18 DOMESTIC PARTNER. 19 (D) AN ELIGIBLE EMPLOYEE WHO TAKES LEAVE PROVIDED UNDER 20 SUBSECTION (C) OF THIS SECTION IS ENTITLED TO THE SAME PROTECTIONS 21 AND RIGHTS THAT AN ELIGIBLE EMPLOYEE IS ENTITLED TO UNDER FMLA, 22 INCLUDING PROTECTION FROM DISCRIMINATION AND INTERFERENCE, THE 23 RIGHT TO REINSTATEMENT, AND THE RIGHT TO CONTINUATION OF HEALTH 24 CARE BENEFITS. 25 (E) THE AMOUNT OF LEAVE TAKEN BY AN ELIGIBLE EMPLOYEE UNDER 26 FMLA DURING A 12–MONTH PERIOD SHALL BE COUNTED AGAINST THE 27 AMOUNT OF LEAVE THE ELIGIBLE EMPLOYEE IS ENTITLED TO UNDER THIS 28 SECTION. 29 (F) THE COMMISSIONER SHALL: 30 (1) ENFORCE THIS SECTION; AND 31 HOUSE BILL 1272 3 (2) ADOPT REGULATIONS TO CARRY OUT THIS SECTION. 1 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2 October 1, 2010. 3