Like employers in every state, Maryland employers must follow the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave, with the right to reinstatement, for certain reasons.
Maryland law also requires employers to provide adoption leave, if they provide parental leave following the birth of a child.
Maryland employees who are eligible may take up to 12 weeks of leave for serious health conditions, bonding with a new child, or preparation for a family member's military service; more leave is available for employees who need to care for a family member who was seriously injured on active military duty. For detailed information on FMLA leave, see Taking Family and Medical Leave.
Maryland employers are subject to the FMLA if they have at least 50 employees for at least 20 weeks in the current or previous year.
Employees are eligible for FMLA leave if:
FMLA leave is available if an employee needs time off to:
Maryland employees may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave is available every 12 months, as long as the employee continues to meet the eligibility requirements explained above.
Employees may take up to 26 weeks of leave in a single 12-month period for military caregiver leave. However, this is a per-injury, per-service member entitlement. Unless the same family member is injured again, or another family member suffers an injury while on active duty, an employee may not take additional leave for this purpose.
Employees are entitled to continue their health insurance while on leave, at the same cost they must pay while working. FMLA leave is unpaid, but employees may be allowed (or required) to use their accrued paid leave during FMLA leave.
When an employee’s FMLA leave ends, the employee is entitled to be reinstated to the same or an equivalent position, with a few exceptions.
In addition to the rights granted by the FMLA, Maryland employees have the right, under state law, to take time off for adoption and for a family member's military service.
Employers that provide paid parental leave following the birth of a child must make the same amount of leave available to adoptive parents. This law applies only to employers with at least 15 employees.
Employers with at least 50 employees are required to give covered employees the day off when an immediate family member leaves for or returns from active military duty outside of the Unites States. Employees are covered if they have worked for the employer for at least 12 months and at least 1,250 hours in the past year.