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Statutes Text

Article - Labor and Employment




§3–1301.

    (a)    In this subtitle the following words have the meanings indicated.

    (b)    “Abuse” has the meaning stated in § 4–501 of the Family Law Article.

    (c)    “Domestic violence” means abuse against an individual eligible for relief.

    (d)    “Earned sick and safe leave” means leave away from work that is provided by an employer under § 3–1304 of this subtitle.

    (e)    “Employee” does not include an individual who:

        (1)    performs work under a contract of hire that is determined not to be covered employment under § 8–205 of this article;

        (2)    is not a covered employee under § 9–222 of this article;

        (3)    is under the age of 18 years before the beginning of the year;

        (4)    is employed in the agricultural sector on an agricultural operation under § 5–403(a) of the Courts Article;

        (5)    is employed by a temporary services agency to provide temporary staffing services to another person if the temporary services agency does not have day–to–day control over the work assignments and supervision of the individual while the individual is providing the temporary staffing services; or

        (6)    is directly employed by an employment agency to provide part–time or temporary services to another person.

    (f)    “Employer” includes:

        (1)    a unit of State or local government; and

        (2)    a person that acts directly or indirectly in the interest of another employer with an employee.

    (g)    “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;

        (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 biological grandparent, an adopted grandparent, a foster grandparent, or a stepgrandparent of the employee;

        (9)    a biological grandchild, an adopted grandchild, a foster grandchild, or a stepgrandchild of the employee; or

        (10)    a biological sibling, an adopted sibling, a foster sibling, or a stepsibling of the employee.

    (h)    “Person eligible for relief” has the meaning stated in § 4–501 of the Family Law Article.

    (i)    “Restaurant” means an establishment that:

        (1)    accommodates the public;

        (2)    is equipped with a dining room with facilities for preparing and serving regular meals; and

        (3)    has average daily receipts from the sale of food that exceed the average daily receipts from the sale of alcoholic beverages.

    (j)    “Sexual assault” means:

        (1)    rape, sexual offense, or any other act that is a sexual crime under Title 3, Subtitle 3 of the Criminal Law Article;

        (2)    child sexual abuse under § 3–602 of the Criminal Law Article; or

        (3)    sexual abuse of a vulnerable adult under § 3–604 of the Criminal Law Article.

    (k)    “Stalking” has the meaning stated in § 3–802 of the Criminal Law Article.

    (l)    Unless the context requires otherwise, “year” means a regular and consecutive 12–month period as determined by the employer.