HB 56
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
House Bill 56 (Delegate Boyce)
Economic Matters Finance
Labor and Employment – Leave With Pay – Bereavement Leave
This bill expands Maryland’s Flexible Leave Act by authorizing employees of certain
employers (those with at least 15 employees) to use earned paid leave for bereavement
leave. An employee is allowed to use bereavement leave for the death of the employee’s
immediate family member, including an adult child of the employee, as defined by the bill.
Fiscal Summary
State Effect: The Maryland Department of Labor can implement the bill with existing
budgeted resources. The bill does not apply to the State as an employer; it pertains
exclusively to private-sector employers. Revenues are not affected.
Local Effect: None. The bill pertains exclusively to private-sector employers.
Small Business Effect: Minimal.
Analysis
Current Law: Under the Maryland Flexible Leave Act, a private-sector employer who
provides paid leave to its employees must allow an employee to use earned paid leave to
care for immediate family members, including a child, spouse, or parent, with an illness.
For purposes of taking leave to care for a family member under the Act, “child” is defined
as an (1) adopted, biological, or foster child; (2) stepchild; or (3) legal ward who is either
younger than 18 or at least 18 years old and incapable of self-care due to a mental or
physical disability (for bereavement leave only, the bill expands this to include all adult
children).
An employer is prohibited from taking action against an employee who exercises the rights
granted or against an employee who files a complaint, testifies against, or assists in an
action brought against the employer for a violation of these provisions.
An employer is considered a person that employs 15 or more individuals and is engaged in
a business, industry, profession, trade, or other enterprise in the State, including a person
that acts directly or indirectly in the interest of another employer. State and local
governments are not included.
Employees who earn more than one type of paid leave from their employers may elect the
type and amount of paid leave to be used in caring for their immediate family members.
Additional Information
Prior Introductions: HB 712 of 2020, a similar bill, was amended and passed the House
and was referred to the Senate Finance Committee, but no further action was taken. Its
cross file, SB 260, received a hearing in the Senate Finance Committee, but no further
action was taken.
Designated Cross File: SB 473 (Senator Washington) - Finance.
Information Source(s): Maryland Department of Labor; Office of the Attorney General;
Department of Legislative Services
Fiscal Note History: First Reader - January 26, 2021
md/mcr Third Reader - February 24, 2021
Analysis by: Richard L. Duncan Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 56/ Page 2


Statutes affected:
Text - First - Labor and Employment – Leave With Pay – Bereavement Leave: 3-802 Labor and Employment
Text - Third - Labor and Employment – Leave With Pay – Bereavement Leave: 3-802 Labor and Employment