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§ 8.3-403. Duties of Secretary

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 4. Administration (Refs & Annos)
Effective: June 1, 2023
MD Code, Labor and Employment, § 8.3-403
§ 8.3-403. Duties of Secretary
In general
(a) The Secretary, in consultation with other State agencies and relevant stakeholders, shall:
(1) subject to subsection (b) of this section, adopt regulations necessary to carry out this title;
(2) establish procedures and forms for filing claims for benefits, including:
(i) procedures for notifying an employer within 5 business days after any of the following occurs:
1. an employee files an electronic application regarding a claim for benefits;
2. an employee's paper application regarding a claim for benefits is processed;
3. a determination regarding a claim for benefits is made;
4. an appeal for a determination regarding a claim for benefits is filed; or
5. a change is made to a determination regarding a claim for benefits; and
(ii) notices of elections by self-employed individuals for benefits under § 8.3-201 of this title;
(3) use information-sharing and integration technology to facilitate the disclosure of relevant information or records needed for the administration of this title; and
(4) subject to subsection (d) of this section, carry out a public education program.
Regulations consistent with other laws
(b) The regulations adopted under subsection (a)(1) of this section shall be consistent with regulations adopted to implement the federal Family and Medical Leave Act and any relevant State laws to the extent that the adopted regulations do not conflict with this title.
Certification of claims for benefits
(c)(1) Subject to paragraph (2) of this subsection, a covered individual under § 8.3-302(2), (3), (4), or (5) of this title shall provide certification for a claim for benefits under this title.
(2) A certification for a claim for benefits for a covered individual under § 8.3-302(2), (3), or (4) of this title shall include:
(i) for the purpose of supporting the claim for benefit payments, the first date on which the covered individual took or intends to take leave from employment and whether the leave will or is intended to be taken for a continuous period of time or intermittently;
(ii) the date on which the serious health condition of the family member, covered individual, or service member commenced;
(iii) the probable duration of the serious health condition;
(iv) the appropriate facts related to the serious health condition within the knowledge of the licensed health care provider;
(v) 1. for a claim for benefits under § 8.3-302(2) of this title, a statement that the covered individual needs to care for a family member and an estimate of the amount of time required to provide the care; or
2. for a claim for benefits under § 8.3-302(3) of this title, a statement that the covered individual is unable to perform the functions of the covered individual's position; and
(vi) 1. for a certification for intermittent leave under § 8.3-302(2) or (4) of this title, a statement that the covered individual needs to care for a family member or service member and the expected frequency and duration of the intermittent leave; or
2. for a certification of intermittent leave under § 8.3-302(3) of this title, a statement that the covered individual is unable to perform the functions of the covered individual's position and the expected frequency and duration of the intermittent leave.
(3) The Secretary shall establish:
(i) standards in regulation for the certification of claims for benefits under § 8.3-302(5) of this title;
(ii) standards for verifying the identity of a family member or next of kin for a claim for benefits under § 8.3-302(2), (4), or (5) of this title; and
(iii) procedures for an employer to provide evidence of suspected fraud to the Secretary.
Funds; languages
(d)(1) The Secretary may use a portion of the funds paid under § 8.3-601 of this title or other available funding to pay for and carry out the requirements under subsection (a)(4) of this section.
(2) Materials used in the public education program required under subsection (a)(4) of this section shall be made available in English and Spanish.

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, § 8.3-403, MD LABOR & EMPLY § 8.3-403
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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