Maryland Leave Laws Guide

Maryland employers must comply with both federal and state leave laws. In addition to the federal Family and Medical Leave Act (FMLA), Maryland has comprehensive state laws covering earned sick and safe leave, parental leave, flexible leave, jury duty, voting leave, military leave, and other protected employee absences. Employers should maintain clear written leave policies and administer them consistently.

This guide summarizes the primary leave laws affecting Maryland employers.

Maryland Earned Sick and Safe Leave

Under the Maryland Healthy Working Families Act, most employees whose primary work location is in Maryland are entitled to earn sick and safe leave.

Key provisions include:

  • Employers with 15 or more employees generally must provide paid earned sick and safe leave.
  • Employers with 14 or fewer employees generally must provide unpaid earned sick and safe leave.
  • Employees generally accrue 1 hour of leave for every 30 hours worked.
  • Employees may earn up to 40 hours of leave per year unless the employer provides a more generous policy.
  • Leave may generally be used for personal illness, caring for family members, preventive care, and certain safe leave purposes related to domestic violence, sexual assault, or stalking.

Family and Medical Leave Act (FMLA)

Eligible employees working for covered employers may take up to 12 weeks of unpaid, job-protected leave during a 12-month period for qualifying reasons, including:

  • Birth of a child.
  • Adoption or foster placement.
  • Serious personal health condition.
  • Caring for a spouse, child, or parent with a serious health condition.
  • Certain military family needs.

Generally, FMLA applies to:

  • Public employers.
  • Private employers with 50 or more employees for at least 20 workweeks during the current or preceding calendar year.

Employees must also satisfy federal service and hours-worked requirements.

Maryland Parental Leave

Maryland's Parental Leave Act provides eligible employees of certain smaller employers with up to 6 weeks of unpaid parental leave for:

  • The birth of a child.
  • Adoption.
  • Foster care placement.

This law generally applies to employers with 15 to 49 employees, helping fill a gap where FMLA may not apply.

Flexible Leave Act

Maryland's Flexible Leave Act allows eligible employees of employers with 15 or more employees to use available paid leave to:

  • Care for an immediate family member who is ill.
  • Take bereavement leave following the death of an immediate family member.

Employers may not retaliate against employees who exercise rights under this law.

Jury Duty Leave

Maryland employers generally must allow employees to serve on a jury.

Employers may not:

  • Discharge an employee because of jury service.
  • Threaten or penalize an employee for responding to a jury summons.

Whether employees are paid during jury service depends on employer policy or other applicable law.

Voting Leave

Maryland law generally allows eligible employees who do not have sufficient time outside working hours to vote to receive up to two hours of paid leave to vote. Employees should notify their employer in advance when practicable.

Military Leave

Federal USERRA protections apply to eligible employees serving in the uniformed services.

Maryland also provides certain state military leave protections.

Employers should:

  • Restore eligible employees after qualifying military service.
  • Avoid discrimination based on military obligations.
  • Comply with applicable reinstatement requirements.

Workers' Compensation Leave

Employees injured on the job may qualify for workers' compensation benefits.

Employers should:

  • Report workplace injuries promptly.
  • Cooperate with insurance carriers.
  • Maintain required records.
  • Avoid retaliation against employees who file workers' compensation claims.

Leave Administration Best Practices

Maryland employers should:

  • Maintain written leave policies.
  • Track earned sick and safe leave accurately.
  • Apply leave policies consistently.
  • Maintain leave documentation.
  • Train supervisors on leave administration.
  • Review policies annually.
  • Monitor changes to Maryland and federal leave laws.

Employer Best Practices

Maryland employers should:

  • Maintain written leave policies.
  • Properly administer earned sick and safe leave.
  • Understand both FMLA and Maryland-specific leave laws.
  • Protect employees exercising legal leave rights.
  • Maintain accurate leave records.
  • Train supervisors regularly.
  • Review leave policies annually.
  • Consult HR or legal professionals when complex leave situations arise.

Labor Law Poster Compliance

Most Maryland employers are required to display current Maryland and federal labor law posters where employees can easily read them.

View our professionally updated Maryland State & Federal Labor Law Poster here:

https://www.laborlawhrsigns.com/maryland-state-and-federal-labor-law-poster-md

Official Government Resources

Maryland Healthy Working Families Act

https://www.labor.md.gov/paidleave/

Maryland Department of Labor

https://labor.maryland.gov

U.S. Department of Labor – Family and Medical Leave Act

https://www.dol.gov/agencies/whd/fmla

Maryland Paid Family and Medical Leave (FAMLI)

https://paidleave.maryland.gov/

Frequently Asked Questions

Does Maryland require earned sick and safe leave?

Yes. Most employees whose primary work location is in Maryland are covered by the Healthy Working Families Act. Employers with 15 or more employees generally provide paid leave, while smaller employers generally provide unpaid leave.

Does Maryland require paid vacation?

No. Maryland law generally does not require employers to provide paid vacation. If vacation benefits are offered, employers should administer them according to their written policy.

Does Maryland have its own parental leave law?

Yes. Maryland's Parental Leave Act generally provides eligible employees working for certain employers with 15–49 employees up to six weeks of unpaid parental leave.

Does Maryland require voting leave?

Yes. Eligible employees who lack sufficient time outside working hours to vote may generally receive up to two hours of paid leave to vote.

Who qualifies for FMLA leave?

Eligible employees working for covered employers may qualify for up to 12 weeks of unpaid, job-protected leave if they satisfy the federal eligibility requirements.

Where can I obtain an updated Maryland Labor Law Poster?

You can purchase a professionally updated Maryland State & Federal Labor Law Poster here:

https://www.laborlawhrsigns.com/maryland-state-and-federal-labor-law-poster-md