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§ 8.3-703. Calculation of benefits

West's Annotated Code of MarylandLabor and EmploymentEffective: June 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: June 1, 2023
MD Code, Labor and Employment, § 8.3-703
§ 8.3-703. Calculation of benefits
Currentness
Calculation of average weekly wage
(a) For the purposes of this section:
(1) the covered individual's average weekly wage shall be calculated as the total wages received by the covered individual over the last 680 hours for which the covered individual was paid divided by the number of weeks worked; and
(2) the State average weekly wage shall be the wage calculated under § 9-603 of this article.
In general
(b)(1) Subject to paragraphs (2) and (3) of this subsection, the weekly benefit amount payable to a covered individual under this title shall be:
(i) if the covered individual's average weekly wage is 65% or less of the State average weekly wage, 90% of the covered individual's average weekly wage; or
(ii) if the covered individual's average weekly wage is greater than 65% of the State average weekly wage, the sum of:
1. 90% of the covered individual's average weekly wage up to 65% of the State average weekly wage; and
2. 50% of the covered individual's average weekly wage that is greater than 65% of the State average weekly wage.
(2) The benefit paid under this title and any additional paid leave cannot total more than 100% of the covered individual's average weekly wage.
(3) The weekly benefit amount payable under paragraph (1) of this subsection:
(i) shall be at least $50; and
(ii) may not exceed:
1. for the 12-month period beginning January 1, 2026, $1,000; and
2. for the 12-month period beginning January 1, 2027, and each subsequent 12-month period, the amount determined and announced by the Secretary under paragraph (4) of this subsection.
(4)(i) In this paragraph, “Consumer Price Index” means the Consumer Price Index for All Urban Consumers for the Washington-Arlington-Alexandria, DC-VA-MD-WV metropolitan area or a successor index published by the federal Bureau of Labor Statistics.
(ii) Subject to subsection (e) of this section, for the 12-month period beginning January 1, 2027, and each subsequent 12-month period, the maximum weekly benefit amount shall be increased by the amount, rounded to the nearest cent, that equals the product of:
1. the maximum weekly benefit amount in effect for the immediately preceding 12-month period; and
2. the annual percentage growth in the Consumer Price Index for the immediately preceding 12-month period, as determined by the Secretary under subparagraph (iii)1 of this paragraph.
(iii) Beginning September 1, 2026, and on each subsequent September 1, the Secretary shall determine and announce:
1. the annual percentage growth, if any, in the Consumer Price Index based on the most recent 12-month period for which data are available on September 1; and
2. the maximum weekly benefit amount effective for the 12-month period beginning the immediately following January 1.
Increases
(c)(1) Except as provided in paragraph (2) of this subsection, an increase in the weekly benefit amount under subsection (b)(4) of this section applies only to a claim for benefits that begins after the date the increase becomes effective.
(2) If the leave for which benefits are being paid is being taken intermittently, an increase in the weekly benefit amount shall apply to a claim for benefits as specified in regulations adopted by the Department.
Duties of Department
(d) The Department shall:
(1) notify the employer of a covered individual within 5 business days after the covered individual files a completed application for benefits under this title;
(2) notify the covered individual within 5 business days after the individual files an application, if the application is considered to be incomplete under § 8.3-701(b)(2) of this subtitle due to missing information that is necessary to complete the claim;
(3) approve or deny the claim and notify the covered individual and the covered individual's employer within 10 business days after the covered individual files the completed application;
(4) make the first payment of benefits to a covered individual within 5 business days after the completed application is approved or the leave has started, whichever is later; and
(5) make subsequent payments every 2 weeks until the benefit period ends.
Negative seasonally adjusted total employment
(e)(1) In this subsection, “Board” means the Board of Public Works.
(2) Subject to paragraph (4) of this subsection, on or before September 1 each year, beginning in 2026, the Board shall determine whether the seasonally adjusted total employment from the Current Employment Statistics series as reported by the U.S. Bureau of Labor Statistics for the most recent 6-month period is negative as compared with the immediately preceding 6-month period.
(3)(i) Subject to paragraph (4) of this subsection, the Board may temporarily suspend an increase in the maximum weekly benefit specified under subsection (b)(3)(ii) of this section if the Board determined under paragraph (2) of this subsection that the seasonally adjusted total employment is negative.
(ii) If the seasonally adjusted total employment is negative, the Board may consider the performance of State revenues in the immediately preceding 6 months, as reported by the Office of the Comptroller, in determining whether to temporarily suspend an increase to the maximum weekly benefit specified under subsection (b)(3)(ii) of this section.
(4) If the Board temporarily suspends an increase to the maximum weekly benefit specified under subsection (b)(3)(ii)2 of this section:
(i) the maximum weekly benefit in effect for the period beginning the following January 1 shall remain the same as the rate that was in effect for the immediately preceding 12-month period; and
(ii) the Board shall notify the Secretary that the maximum weekly benefit increase for the period beginning the following January 1 is suspended for 1 year.
Notice
(f) The Department shall notify each employer of the increase to the maximum weekly benefit specified under subsection (b)(3)(ii) of this section.

Credits

Added by Acts 2022, c. 48, § 1, eff. Jan. 1, 2023. Amended by Acts 2023, c. 258, § 1, eff. June 1, 2023; Acts 2023, c. 259, § 1, eff. June 1, 2023.
MD Code, Labor and Employment, § 8.3-703, MD LABOR & EMPLY § 8.3-703
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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