Login
Maryland Leave Laws Mandates
Maryland’s leave laws combine federal and state protections to ensure employees can balance work, health, and family needs. The federal Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid, job-protected leave for all major life events.
The state has also built on its foundation with state laws, including the Paid Family and Medical Leave Insurance (FAMLI) program, the Healthy Working Families Act for sick and safe leave, and the Parental Leave Act for smaller employers. These laws ensure that Maryland workers have access to both paid and unpaid leave, supporting their health, family, and workplace stability.
Maryland Sick Leave Law
The Maryland Healthy Working Families Act requires employers with 15 or more employees to provide up to 40 hours of paid sick and safe leave per year. Employers with fewer than 15 employees must provide the same amount of unpaid leave. Employees accrue sick leave at a rate of one hour for every 30 hours worked, up to 40 hours per year.
Leave can be used for the employee’s own illness, to care for a family member, or for needs related to domestic violence, sexual assault, or stalking. Employees can carry over up to 40 hours of unused leave annually, with a maximum accrual cap of 64 hours.
Maryland Paid Time Off (PTO) Law
Maryland does not require employers to provide general paid time off or vacation leave beyond what is mandated for sick and safe leave. However, if an employer offers PTO, they must comply with their written policies regarding accrual, use, and payout at separation. Employers may use a PTO policy to satisfy sick leave requirements if it provides at least as much leave and for the same reasons as required by law.
Maryland FMLA Law
The federal FMLA applies to Maryland employers with 50 or more employees. Eligible employees may take up to 12 weeks of unpaid, job-protected leave for their serious health condition, to care for a family member, or the birth, adoption, or foster placement of a child.
The FMLA also covers certain military family needs. Employees must provide prior notice, and employers may require medical certification or proof of it, if needed.
Maryland Paid Family Leave Law (FAMLI)
Maryland’s FAMLI program will provide up to 12 weeks of paid, job-protected leave for qualifying family and medical reasons, including bonding with a new child, recovery from a serious health condition, or caring for a family member. If an employee experiences both a serious health condition and welcomes a child in the same year, they may be eligible for up to 24 weeks of total leave.
All employers with at least one Maryland employee are covered, and employees must have worked at least 680 hours in Maryland in the prior 12 months to qualify. The Maryland Department of Labor will set the annual contribution rates and announce them by May 1 of the year preceding their effective date.
Maryland Parental Leave Law
Effective October 1, 2025, employers covered by the federal FMLA are exempt from this state law, even if they have between 15 and 49 employees. The Maryland Parental Leave Act applies to employers with 15–49 employees. It provides up to 6 weeks of unpaid leave for the birth, adoption, or foster placement of a child. Employees must have at least 12 months of service and have worked at least 1,250 hours in the previous year.
Maryland Leave Types, Eligibility and Duration
| Type of Leave | Eligibility | Duration & Description |
|---|---|---|
| FMLA (Federal) | 50+ employees, 12 months, 1,250 hours | 12 weeks unpaid, job-protected leave for family/medical reasons |
| FAMLI (State PFML) | 1+ employee, 680 hours in 12 months | 12 weeks paid leave (up to 24 weeks for multiple events), up to $1,000/week |
| Sick Leave | 15+ employees for paid, <15 for unpaid | Up to 40 hours/year for health/safety needs |
| Parental Leave Act | 15–49 employees, 12 months, 1,250 hours | 6 weeks unpaid for birth/adoption/foster (excludes FMLA-covered employers) |
| Bereavement Leave | Employer policy | Not mandated by law; up to employer |
State-Specific Leaves
- FAMLI Program: Starting January 3, 2028, provides up to 12 weeks of paid, job-protected leave for family and medical reasons to nearly all Maryland employees. Payroll contributions start January 1, 2027.
- Maryland Parental Leave Act: Offers up to 6 weeks of unpaid leave for new parents at businesses with 15–49 employees, covering birth, adoption, or foster care. FMLA-covered employers are exempt after October 1, 2025.
- Healthy Working Families Act: Requires up to 40 hours of paid (or unpaid for small employers) sick and safe leave per year for health or safety needs.
Essential Components of an HR Leave Policy
- Procedure for Leave Application: Communicate the steps employees should follow to request leave, including advance notice requirements and the necessary approval workflow.
- Categories of Leave: Clearly define the available leave options for employees, such as annual, sick, casual, or special leave.
- Eligibility Criteria: Specifies which employees can apply for leave and any conditions that must be met (for example, minimum service period).
- Leave Accrual: Explain how employees earn leave, whether on a monthly or yearly basis.
- Carry Forward and Forfeiture Rules: States if unused leave can be transferred to the next year or if it expires after a specific period.
- Tracking and Leave Records: Outlines how the organization monitors and maintains each employee’s leave entitlement and usage.
HR Compliance: Notice & Documentation Requirements
| Leave Type | Notice Required | Documentation Required |
|---|---|---|
| FAMLI | 30 days’ advance notice for foreseeable leave; as soon as practicable otherwise | Proof of family relationship or medical certification |
| FMLA | Reasonable advance notice for foreseeable leave; as soon as practicable otherwise | Medical certification or documents related to bonding/care |
| Sick Leave | As soon as practicable; up to 7 days for foreseeable leave | Required after two consecutive shifts if agreed at hire |
| Bereavement Leave | No state-mandated notice; employer policy applies | Not required by law; proof such as obituary may be requested |
| Parental Leave | Reasonable advance notice, especially for foreseeable events | Documentation of qualifying event may be required |
