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§ 8.3-706. Restoration to equivalent position

West's Annotated Code of MarylandLabor and EmploymentEffective: January 1, 2023

West's Annotated Code of Maryland
Labor and Employment
Title 8.3. Family and Medical Leave Insurance Program (Refs & Annos)
Subtitle 7. Benefits (Refs & Annos)
Effective: January 1, 2023
MD Code, Labor and Employment, § 8.3-706
§ 8.3-706. Restoration to equivalent position
Currentness
Application of section
(a) This section does not apply to an employer who is an individual with a developmental disability, and who self-directs services under the Maryland Medicaid Home- and Community-Based Services Waiver Program.
In general
(b) Except as provided in subsection (c)(2) of this section, if a covered individual receives benefits under this title or takes leave from work for which benefits may be paid under this title, the employer of the covered individual shall, on the expiration of the leave, restore the covered individual to an equivalent position of employment.
Termination or denial of restoration
(c) An employer may:
(1) during a period of leave from work for which benefits may be paid under this title, terminate employment of the covered individual taking the leave only for cause; and
(2) deny restoration of a covered individual's position of employment under subsection (b) of this section if:
(i) the denial is necessary to prevent substantial and grievous economic injury to the operations of the employer;
(ii) the employer notifies the covered individual of the intent of the employer to deny restoration of the covered individual's position of employment at the time the employer determines the economic injury would occur; and
(iii) if the leave has already begun in a case of leave from work for which benefits may be paid under this title, the covered individual elects not to return to employment after receiving notice of the employer's intention to deny restoration of the covered individual's position of employment.

Credits

Added by Acts 2022, c. 48, § 1, eff. Jan. 1, 2023.
MD Code, Labor and Employment, § 8.3-706, MD LABOR & EMPLY § 8.3-706
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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