§9–1001. IN EFFECT
(a) Subject to subsection (b) of this section, the Secretary shall adopt regulations, guidelines, or policies implementing the federal Family and Medical Leave Act of 1993.
(b) The regulations adopted by the Secretary:
(1) may require an eligible employee to use other available accrued leave concurrently with family and medical leave; and
(2) may not limit, to less than 24 weeks, the aggregate number of weeks of family and medical leave that two employees who are married to one another may use during a 12–month period for:
(i) the birth of the employees’ child;
(ii) the placement of a child with the employees for adoption or foster care;
(iii) the serious health condition of the employees’ child, if the child is a minor; or
(iv) the care of the employees’ adult child, if the adult child is incapable of self–care.
§9–1001. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 606 OF 2025 **
(a) In this subtitle the following words have the meanings indicated.
(b) “Application year” means the 12–month period beginning on the Sunday of the calendar week in which leave under this subtitle begins.
(c) “Deployment” means a service member acting under official orders who, on any day, is performing service in a training exercise or operation at a location or under circumstances that make it impossible or infeasible for the service member to spend off–duty time in the housing in which the service member resides when on garrison duty at the service member’s permanent duty station or home port.
(d) “Family member” means:
(1) a biological child, an adopted child, a foster child, or a stepchild of the employee;
(2) a child for whom the employee has legal or physical custody or guardianship;
(3) a child for whom the employee stands in loco parentis, regardless of the child’s age;
(4) a biological parent, an adoptive parent, a foster parent, or a stepparent of the employee or of the employee’s spouse;
(5) the legal guardian of the employee or the ward of the employee or of the employee’s spouse;
(6) an individual who acted as a parent or stood in loco parentis to the employee or the employee’s spouse when the employee or the employee’s spouse was a minor;
(7) the spouse of the employee;
(8) a domestic partner of the employee;
(9) a biological grandparent, an adoptive grandparent, a foster grandparent, or a stepgrandparent of the employee;
(10) a biological grandchild, an adopted grandchild, a foster grandchild, or a stepgrandchild of the employee; or
(11) a biological sibling, an adopted sibling, a foster sibling, or a stepsibling of the employee.
(e) “Paid family and medical leave” means leave from work taken under § 9–1004(a)(1) of this subtitle that is paid at the employee’s regular rate of pay.
(f) “Qualifying exigency” means any of the following reasons for which leave may be needed by a family member of a service member:
(1) the service member has received notice of deployment within 7 days before the deployment is to begin;
(2) to attend military events and related activities including family support programs related to the active duty of the service member;
(3) to arrange, provide, or attend child care or school activities only when the service member is on active duty call or active duty status;
(4) to make financial and legal arrangements for the service member’s absence or because of the absence;
(5) to attend counseling that:
(i) is needed due to the active duty or call to active duty status of the service member; and
(ii) is provided by an individual who is not a licensed health care provider;
(6) to spend up to 15 calendar days with a service member who is on short–term temporary rest and recuperation leave during the period of deployment;
(7) to attend postdeployment activities including reintegration services for a period of 90 days immediately following the termination of active status;
(8) to attend to matters related to the death of the service member while on active duty status;
(9) to arrange for or provide alternative care for a parent of the service member when the parent is incapable of self–care and the covered active duty or call to active duty necessitates a change; or
(10) any other issues that arise out of active duty or a call to active duty that an appointing authority and employee agree should be covered.
(g) (1) “Serious health condition” means an illness, an injury, an impairment, or a physical or mental condition that involves:
(i) inpatient care in a hospital, hospice, or residential health care facility;
(ii) continued treatment by a licensed health care provider; or
(iii) continued treatment or supervision at home by a licensed health care provider or other competent individual under the supervision of a licensed health care provider.
(2) “Serious health condition” includes an illness, an injury, an impairment, or a physical or mental condition described in paragraph (1) of this subsection that continues over an extended period of time and requires intermittent treatment.
(h) “Service member” means an individual who is an active duty or former member of:
(1) the United States armed forces;
(2) a reserve component of the United States armed forces; or
(3) the National Guard of any state.
(i) “Treatment” includes:
(1) examinations or testing to determine the extent to which a serious health condition exists or persists;
(2) ongoing or periodic evaluations of the serious health condition; and
(3) actual treatment by a health care provider.
