2018 Maryland Code
Labor and Employment
Title 3 - Employment Standards and Conditions
Subtitle 13 - Healthy Working Families Act.
§ 3-1301. Definitions.
(a) In general. -- In this subtitle the following words have the meanings indicated.
(b) Abuse. -- "Abuse" has the meaning stated in § 4-501 of the Family Law Article.
(c) Domestic violence. -- "Domestic violence" means abuse against an individual eligible for relief.
(d) Earned sick and safe leave. -- "Earned sick and safe leave" means leave away from work that is provided by an employer under § 3-1304 of this subtitle.
(e) Employee. -- "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. -- "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. -- "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. -- "Person eligible for relief" has the meaning stated in § 4-501 of the Family Law Article.
(i) Restaurant. -- "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. -- "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. -- "Stalking" has the meaning stated in § 3-802 of the Criminal Law Article.
(l) Year. -- Unless the context requires otherwise, "year" means a regular and consecutive 12-month period as determined by the employer.