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§ 8.3-601. Contributions

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 6. Contributions (Refs & Annos)
Effective: June 1, 2023
MD Code, Labor and Employment, § 8.3-601
§ 8.3-601. Contributions
Currentness
Requirement
(a)(1) Beginning October 1, 2024, each employee of an employer, each employer with 15 or more employees, and each self-employed individual participating in the Program shall contribute to the Fund.
(2) The total rate of contribution established under this section:
(i) may not exceed 1.2% of an employee's wages; and
(ii) shall be applied to all wages up to and including the Social Security wage base.
Rate of contribution for October 1, 2024, to June 30, 2026
(b)(1) Subject to subsection (a)(2) of this section, on or before October 1, 2023, the Secretary shall set the total rate of contribution based on available cost analyses of the Program.
(2) The rate set under paragraph (1) of this subsection shall be in effect for the period from October 1, 2024, to June 30, 2026, both inclusive.
Cost analysis
(c)(1) On or before November 15 each year, beginning in 2025, the Secretary shall conduct a cost analysis of the Program that is focused on the cost of maintaining solvency and paying benefits to covered individuals that will be used to determine the appropriate total rate of contribution to the Fund.
(2) On or before November 15 each year, the Secretary shall report the results of the cost analysis to the Senate Finance Committee, the House Economic Matters Committee, and the Joint Committee on Administrative, Executive, and Legislative Review in accordance with § 2-1257 of the State Government Article.
Setting rates of contribution
(d)(1) Subject to paragraph (2) of this subsection and subsection (a)(2) of this section, on or before February 1 each year, beginning in 2026, the Secretary shall set the total rate of contribution that will be in effect for the 12-month period beginning on the immediately following July 1.
(2) The rate set under paragraph (1) of this subsection shall be based on the cost analysis required under subsection (c) of this section.
Contribution by employers and employees
(e)(1)(i) Except as otherwise provided in this section, each employer of 15 or more employees shall contribute an amount equal to 50% of the total rate of contribution for each employee.
(ii) Except as otherwise provided in this section, each employee of an employer shall contribute an amount equal to 50% of the total rate of contribution.
(2)(i) Except as provided in subparagraph (ii) of this paragraph, the employer of the employee shall deduct the employee's required contribution from the wages of the employee.
(ii) 1. An employer may elect to pay all or a portion of the required employee contributions in whole or in part.
2. If the employer of an employee elects to pay a portion of the employee's required contribution, the employer:
A. may deduct an amount that is less than 50% of the rate of contribution required from the wages of the employee; and
B. shall notify employees of the rate of contribution set for employees under subsection (d)(1) of this section and the portion of that amount that the employer is electing to pay.
Self-employed individuals
(f) Each self-employed individual participating in the Program shall:
(1) pay contributions during each year that the self-employed individual participates in the Program; and
(2) contribute an amount equal to the total rate of contribution set under subsection (d) of this section.
Reimbursement
(g)(1) The Maryland Department of Health shall reimburse each:
(i) community provider that is required to be licensed or certified under Title 7 of the Health--General Article for 100% of the employer contribution required under subsection (e) of this section for employees who manage or provide services under Title 7 of the Health--General Article;
(ii) community provider that is required to be licensed or certified under Title 7.5 of the Health--General Article for a percentage of the employer contribution required under subsection (e) of this section for employees who manage or provide services under Title 7.5 of the Health--General Article that is equal to the percentage of revenue that is attributable to federal and State Medicaid funding and any other State funding received by the community provider for the services during the period covered by the reimbursement; or
(iii) provider, as defined in § 16-201.4 of the Health--General Article, for a percentage of the employer contribution required under subsection (e) of this section for employees who manage or provide services described in § 16-201.4(a) of the Health--General Article that is equal to the percentage of revenue attributable to federal and State Medicaid funding and any other State funding received by the provider for the services during the period covered by the reimbursement.
(2) The Maryland Department of Health shall make the reimbursements required under paragraph (1) of this subsection at least quarterly.
(3) To receive reimbursement under paragraph (1) of this subsection, a provider shall provide to the Maryland Department of Health any information necessary to carry out this subsection in the form and manner required by the Maryland Department of Health.

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, § 8.3-601, MD LABOR & EMPLY § 8.3-601
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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