Section 3-1701 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Emergency” means a catastrophic health emergency, as defined under § 14–3A–01 of the Public Safety Article, that is the subject of an executive proclamation under § 14–3A–02 of the Public Safety Article and is related to a communicable disease.     (c)    (1)    “Essential employer” means a person that […]

Section 3-1702 – Application to Certain Essential Employers

    This subtitle applies only to essential employers in industries and sectors identified by the Governor or a federal or State agency as critical to remain in operation during the emergency.

Section 3-1703 – Actions by Essential Employers During Emergency

    During an emergency, each essential employer shall:         (1)    provide working conditions that comply with applicable safety standards adopted by a federal or State agency;         (2)    subject to availability, provide necessary amounts of safety equipment recommended for usage during the emergency at no cost to essential workers;         (3)    adopt, maintain, and post written protocols to ensure an essential worker’s […]

Section 3-1704 – Right of Essential Worker to Refuse an Assigned Task

    An essential worker has a right to refuse to perform an assigned task as provided under § 5–604 of this article and corollary regulations.

Section 3-1705 – Proactive Steps by Essential Employer if Worker Contracts Communicable Disease — Employer to Pay Cost of Testing — Reporting of Positive Test Results

    (a)    During an emergency, if an essential worker or any other worker has contracted the communicable disease that is the subject of the emergency at a work site, the essential employer shall take proactive steps to minimize the risk of transmission, including informing essential workers that they may have been exposed.     (b)    (1)    Except as provided in paragraph […]

Section 3-1706 – Public Health Emergency Leave — Paid Leave Provided by Essential Employer — Use by Essential Employees — Documentation Required

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Family member” means:             (i)    a biological child, an adopted child, a foster child, or a stepchild of the essential worker;             (ii)    a child for whom the essential worker has legal or physical custody or guardianship;             (iii)    a child for whom the essential worker stands in loco parentis, regardless […]

Section 3-1707 – Restrictions on Reclassifying of Workers

    An essential employer may not knowingly misclassify an essential worker as an independent contractor or other classification in order to avoid paying an essential worker any benefits due during an emergency under this subtitle.

Section 3-1708 – Actions by Employee if Employer Allegedly Violates Subtitle — Written Complaint

    (a)    If an essential worker believes that an essential employer has violated § 3–1604 of this subtitle:         (1)    the essential worker may seek enforcement of rights under § 5–604 of this article; and         (2)    the Commissioner shall respond in accordance with the enforcement provisions under Title 5 of this article.     (b)    (1)    If an essential worker believes that an essential […]

Section 3-1709 – Citation of Subtitle

    This subtitle may be cited as the Maryland Essential Workers’ Protection Act.