What Are Maryland's Employee Leave Requirements?

Are you an employer in Maryland looking to understand the state's employee leave requirements?

Navigating the various laws and regulations can be challenging, but it's crucial to ensure compliance and maintain a positive work environment.

In this article, we'll provide an overview of Maryland's employee leave laws, including the Family and Medical Leave Act (FMLA), the Maryland Healthy Working Families Act (MHWFA), and other key regulations that employers must be aware of.

By understanding your obligations and implementing the necessary policies, you can avoid potential legal issues and create a supportive workplace that values employee well-being.

Overview of All Maryland's Employee Leave Laws

Maryland has several laws that govern employee leave, including:

FMLA: This federal law provides eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying events, such as the birth or adoption of a child, a serious health condition, or caring for a family member with a serious health condition.
MHWFA: Effective February 11, 2018, this state law 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.
Maryland Parental Leave Act: Employers with 15-49 employees must provide eligible employees with up to 6 weeks of unpaid leave for the birth or adoption of a child.
Maryland Flexible Leave Act: Employers with 15 or more employees must allow employees to use earned paid leave for the illness of an immediate family member.

Additionally, Montgomery County has its own sick and safe leave law that may provide more generous benefits than the state law. Employers in this county must adhere to both the county and state requirements.

Understanding Maryland's Earned Sick and Safe Leave Law

The MHWFA, also known as the Maryland Healthy Working Families Act, was passed to ensure that employees in the state have access to paid time off for reasons related to health and safety. This law is a crucial component of the employee leave laws in Maryland, as it provides a minimum standard for earned sick and safe leave.

Under the MHWFA, employers with 15 or more employees must provide up to 40 hours of paid sick and safe leave per year, while those with fewer than 15 employees must offer the same amount of unpaid leave. Employees can accrue one hour of leave for every 30 hours worked, up to a maximum of 40 hours per year. They can also carry over up to 40 hours of unused leave to the following year.

To be eligible for earned sick and safe leave under the MHWFA, employees must:

Work at least 12 hours per week on a regular basis
Be 18 years of age or older
Work in Maryland

Employers may require new hires to wait up to 106 calendar days before using their accrued leave. As part of the onboarding process, employers should inform new employees about their earned sick and safe leave benefits and include this information in their new hire paperwork with new hire paperwork.

Employees can use their earned sick and safe leave for various reasons, including:

To care for their own mental or physical illness, injury, or condition
To care for a family member's mental or physical illness, injury, or condition
To obtain preventive medical care for themselves or a family member
For maternity or paternity leave
To address issues related to domestic violence, sexual assault, or stalking

Accrual and Usage of Sick and Safe Leave in Maryland

Under the MHWFA, one of the key employee leave laws in Maryland, eligible employees accrue sick and safe leave at a rate of one hour for every 30 hours worked. This accrual begins at the start of employment or on February 11, 2018, whichever is later. Employers can choose to provide the full 40 hours of leave at the beginning of each year or allow employees to accrue the leave throughout the year.

The maximum amount of sick and safe leave an employee can accrue in a year is 40 hours. However, employers may choose to provide more generous leave benefits. Employees can carry over up to 40 hours of unused leave to the following year, but employers are not required to allow employees to use more than 64 hours of leave in a single year.

To effectively manage and track employee leave accrual and usage, many employers utilize time off software with time off software. These tools automate the accrual process, provide employees with real-time access to their leave balances, and simplify the request and approval workflow.

Employees can start using their accrued sick and safe leave 106 calendar days after the start of their employment. This waiting period allows employers to establish the employee's eligibility and accrual rate. Once the waiting period is complete, employees can use their leave in increments consistent with the employer's payroll system and practices.

When using sick and safe leave, employees are required to provide notice to their employer as soon as practicable. For foreseeable leave, such as scheduled medical appointments, employees should provide at least seven days' notice. In cases of unforeseeable leave, employees must notify their employer as soon as possible.

Employers may require employees to provide verification of the need for leave if they use more than two consecutive scheduled shifts of sick and safe leave. However, employers cannot require employees to provide details about their medical condition or the medical condition of a family member.

By understanding the accrual and usage requirements of the MHWFA, employers can ensure compliance with this critical aspect of employee leave laws in Maryland. Implementing clear policies, utilizing time off software with time off software, and communicating openly with employees can help create a smooth and effective leave management process.

Maryland's Family and Medical Leave Act (FMLA) Provisions

In addition to the MHWFA, Maryland employers must also comply with the federal FMLA, which provides eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying events. Understanding how Maryland's employee leave laws interact with the FMLA is crucial for maintaining compliance and supporting your workforce.

Maryland's FMLA provisions largely align with the federal law, requiring covered employers to provide eligible employees with up to 12 weeks of unpaid leave during a 12-month period for the following qualifying events:

The birth, adoption, or foster placement of a child
To care for a spouse, child, or parent with a serious health condition
For the employee's own serious health condition that renders them unable to perform their job duties
To address qualifying exigencies related to a family member's military deployment

To be eligible for FMLA leave in Maryland, employees must have:

Worked for the employer for at least 12 months
Worked at least 1,250 hours during the 12 months prior to the start of the leave
Worked at a location where the employer has at least 50 employees within 75 miles

During FMLA leave, employers must maintain the employee's group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Upon return from FMLA leave, employees must be restored to their original or an equivalent position with the same pay, benefits, and other terms and conditions of employment.

Employers can require employees to provide advance notice of their need for FMLA leave when it is foreseeable. Employees should provide at least 30 days' notice when possible. When the need for leave is unforeseeable, employees must provide notice as soon as practicable.

To manage FMLA compliance effectively, many employers rely on HR compliance software. These tools can help track employee eligibility, manage leave requests with manage leave requests, generate required notices, and maintain accurate records.

It's important to note that Maryland's FMLA provisions do not replace or supersede the MHWFA. Employers must comply with both laws, providing employees with the most generous benefits available under either law. For example, an employee may be eligible for both MHWFA leave and FMLA leave, and the employer must ensure that the employee receives the maximum amount of leave they are entitled to under each law.

By understanding the interaction between Maryland's employee leave laws and the FMLA, employers can create comprehensive leave policies with comprehensive leave policies with leave policies with leave policies with [leave policies](https://www.goco.io/blog/how-to-create-a-paid-time-off-policy) that support their employees while maintaining compliance with all applicable regulations.

Maryland's Flexible Leave Act (FLA)

In addition to the FMLA and the MHWFA, Maryland's employee leave laws include the Flexible Leave Act (FLA). This state law requires employers with 15 or more employees to allow eligible employees to use their earned paid leave for the illness of an immediate family member.

Under the FLA, "immediate family member" is defined as:

A child, including a biological, adopted, foster, or stepchild
A spouse
A parent

Employers who provide paid leave under an existing leave policy must allow employees to use that leave for the illness of an immediate family member. This includes paid time off (PTO), vacation time, sick leave, or any other form of paid leave that an employee has earned.

It's important to note that the FLA does not require employers to provide additional paid leave beyond what they already offer. Instead, it mandates that employers allow employees to use their existing paid leave for the care of an immediate family member.

To be eligible for leave under the FLA, employees must have worked for the employer for at least 12 months and have worked at least 1,250 hours during the previous 12-month period. This eligibility requirement is similar to that of the FMLA.

Employers may require employees to provide reasonable notice of their intention to use leave under the FLA. However, employers cannot require employees to provide specific details about the medical condition of the immediate family member.

When managing employee leave under the FLA, employers should:

Review their existing leave policies with leave policies with leave policies with [leave policies](https://www.goco.io/blog/how-to-create-a-paid-time-off-policy) to ensure compliance with the law
Communicate the provisions of the FLA to their employees
Train managers and supervisors on the requirements of the FLA
Maintain accurate records of employee leave usage

By understanding and complying with the FLA, employers can ensure that they are meeting their obligations under Maryland's employee leave laws while supporting their employees during times of family illness.

Maryland's Parental Leave Act (PLA)

Maryland's Parental Leave Act (PLA) is another essential component of the state's employee leave laws. This legislation provides eligible employees with up to six weeks of unpaid, job-protected leave for the birth or adoption of a child.

The PLA applies to employers with 15 to 49 employees in the state of Maryland. To be eligible for leave under the PLA, employees must have worked for the employer for at least one year and for at least 1,250 hours during the previous 12 months. This eligibility requirement is similar to that of the FMLA.

Under the PLA, employees can take up to six weeks of unpaid leave for the following reasons:

The birth of the employee's child
The adoption of a child by the employee
The placement of a child with the employee for foster care

Employees must provide their employer with at least 30 days' notice before taking leave under the PLA when the need for leave is foreseeable. When the need for leave is not foreseeable, employees must provide notice as soon as practicable.

During PLA leave, employers must maintain the employee's group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Upon return from PLA leave, employees must be restored to their original or an equivalent position with the same pay, benefits, and other terms and conditions of employment.

It's important to note that the PLA does not replace or supersede other employee leave laws in Maryland, such as the FMLA or the MHWFA. Employers must comply with all applicable laws, providing employees with the most generous benefits available under each law.

To manage PLA compliance effectively, employers should:

Review their leave policies with leave policies with leave policies with [leave policies](https://www.goco.io/blog/how-to-create-a-paid-time-off-policy) to ensure compliance with the PLA
Communicate the provisions of the PLA to their employees
Train managers and supervisors on the requirements of the PLA
Maintain accurate records of employee leave usage

By understanding and complying with the PLA, employers can support their employees during the critical time of welcoming a new child into their family while ensuring compliance with Maryland's employee leave laws.

Maryland's Deployment Leave Law

As an employer in Maryland, it's essential to be aware of the state's Deployment Leave Law, which is another crucial component of the employee leave laws in Maryland. This law provides job-protected leave for employees who are called to active duty in the U.S. armed forces or the Maryland National Guard.

Under Maryland's Deployment Leave Law, eligible employees are entitled to unpaid leave for the following reasons:

To attend a send-off or welcome home ceremony for a deployed family member
To attend a family member's military-sponsored event
To attend a military briefing related to a family member's deployment
To make financial or legal arrangements related to a family member's deployment
To make childcare arrangements related to a family member's deployment

For the purposes of this law, a "family member" is defined as:

A spouse
A parent, stepparent, or legal guardian
A child, stepchild, or legal ward
A sibling, including a biological, adopted, or foster sibling

To be eligible for leave under Maryland's Deployment Leave Law, employees must have worked for the employer for at least 12 months and have worked at least 1,250 hours during the previous 12 months. This eligibility requirement is similar to that of the FMLA and other employee leave laws in Maryland.

Employees must provide their employer with reasonable notice of their intention to take leave under this law. When the need for leave is foreseeable, employees should provide notice as soon as practicable. Employers may require employees to provide certification of the family member's deployment or military-sponsored event.

Upon return from leave, employees must be restored to their original or an equivalent position with the same pay, benefits, and other terms and conditions of employment. Employers are prohibited from discriminating or retaliating against employees who exercise their rights under Maryland's Deployment Leave Law.

To ensure compliance with this law, employers should:

Update their leave policies with leave policies with leave policies with [leave policies](https://www.goco.io/blog/how-to-create-a-paid-time-off-policy) to include the provisions of Maryland's Deployment Leave Law
Communicate the law's requirements to their employees
Train managers and supervisors on the law's provisions
Maintain accurate records of employee leave usage

By understanding and complying with Maryland's Deployment Leave Law, employers can support their employees during the challenging times associated with a family member's military deployment while ensuring compliance with the state's employee leave laws.

Maryland's Family and Medical Leave Insurance (FAMLI) Program

In addition to the existing employee leave laws in Maryland, such as the FMLA, MHWFA, and PLA, the state is set to introduce the Family and Medical Leave Insurance (FAMLI) Program. This new program, which is scheduled to start on July 1, 2026, will provide eligible employees with paid leave benefits for certain family and medical reasons.

Under the FAMLI Program, covered employees will be entitled to receive a portion of their average weekly wage, up to a maximum amount, for the following qualifying events:

To care for the employee's own serious health condition
To care for a family member with a serious health condition
To bond with a new child (birth, adoption, or foster placement)
To address qualifying exigencies related to a family member's military deployment

The FAMLI Program will be funded through a combination of employee and employer contributions. Employers with 15 or more employees will be required to contribute to the program, while those with fewer than 15 employees may choose to participate voluntarily.

To be eligible for benefits under the FAMLI Program, employees must have:

Worked for their employer for at least 12 months
Worked at least 1,250 hours during the 12 months prior to the start of the leave
Made contributions to the FAMLI Fund for at least 12 months

Employers should start preparing for the implementation of the FAMLI Program by:

Reviewing their current leave policies and practices to ensure compliance with the new law
Updating their employee handbooks and communication materials to include information about the FAMLI Program
Educating their managers and supervisors about the program's requirements and how it interacts with other employee leave laws in Maryland
Ensuring their payroll systems are set up to handle the required contributions to the FAMLI Fund

As the implementation date for the FAMLI Program approaches, employers should stay informed about any updates or guidance provided by the Maryland Department of Labor. By proactively preparing for this new addition to the employee leave laws in Maryland, employers can ensure a smooth transition and maintain compliance with all applicable regulations.

Maryland's Voting Time Off Laws

In addition to the various employee leave laws in Maryland, such as the FMLA, MHWFA, and PLA, employers must also be aware of the state's voting time off requirements. These laws ensure that employees have the opportunity to exercise their right to vote without fear of losing pay or facing disciplinary action.

Under Maryland law, employers must provide employees with up to two hours of paid leave to vote in any election. This leave must be provided if the employee's work schedule would otherwise prevent them from voting during the time the polls are open.

To be eligible for voting time off, employees must:

Be registered to vote
Provide their employer with proof of voter registration, if requested
Give their employer at least two working days' notice of their intention to take voting leave

Employers may specify the hours during which employees can take voting leave, but they cannot require employees to take leave at the beginning or end of their work shift. Additionally, employers cannot penalize or discriminate against employees who request or take voting leave.

It's important to note that Maryland's voting time off law applies to all elections, including federal, state, and local elections, as well as special elections and referendums. Employers should be prepared to grant voting leave for any election that occurs during an employee's work hours.

To ensure compliance with Maryland's voting time off law, employers should:

Include information about voting leave in their employee handbooks
Train managers and supervisors on the requirements of the law
Communicate the availability of voting leave to employees before each election
Maintain accurate records of employee voting leave usage

By understanding and complying with Maryland's voting time off law, employers can support their employees' civic engagement while ensuring compliance with this important aspect of the state's employee leave laws.

Compliance with Maryland's Leave Laws for Employers

Navigating the various employee leave laws in Maryland can be challenging for employers, but compliance is essential to avoid legal issues and maintain a positive work environment. By implementing best practices and staying informed about updates to these laws, employers can ensure they are meeting their obligations and supporting their employees.

To comply with Maryland's leave laws, employers should:

Review and update policies regularly: Ensure that your employee handbook and leave policies accurately reflect the requirements of the FMLA, MHWFA, PLA, and other relevant laws. Update these documents as needed to stay current with any legislative changes.
Provide employee training: Educate your managers and supervisors on the various leave laws and their responsibilities in administering these policies. Ensure they understand how to handle leave requests, maintain confidentiality, and avoid retaliation.
Communicate with employees: Regularly inform your employees about their rights and responsibilities under Maryland's leave laws. This can include providing written notices, hosting informational meetings, and answering questions as they arise.
Maintain accurate records: Keep detailed records of employee leave usage, including the dates and reasons for leave, any supporting documentation, and the duration of the leave. These records should be maintained for at least three years.
Consistency in application: Ensure that your leave policies are applied consistently and fairly to all eligible employees. Avoid making exceptions or treating employees differently based on factors such as their position, seniority, or personal relationships.
Seek legal counsel when needed: If you are unsure about how to handle a specific leave situation or have questions about your compliance obligations, consult with an experienced employment law attorney who can provide guidance tailored to your organization's needs.

Recordkeeping is a critical component of compliance with Maryland's leave laws, particularly the MHWFA. Employers must maintain records with maintain records of each employee's earned sick and safe leave, including:

The date the leave was accrued
The date the leave was used
The number of hours of leave used
The employee's pay rate at the time the leave was used

These records must be kept for at least three years and should be available for inspection by the Maryland Department of Labor upon request. Failure to maintain accurate records can result in penalties and legal liabilities.

In addition to maintaining records, employers should also ensure that their employee handbooks and policies are updated to reflect the requirements of Maryland's leave laws. This includes:

Outlining the eligibility requirements and accrual rates for each type of leave
Explaining the procedures for requesting and using leave
Specifying the documentation requirements for leave requests
Clarifying the job protection and benefits continuation provisions of each law
Prohibiting retaliation against employees who exercise their rights under these laws

By regularly reviewing and updating their policies, employers can ensure that they are providing their employees with accurate information and complying with their legal obligations under Maryland's employee leave laws.

Interaction Between Maryland and Local Leave Laws

When navigating employee leave laws in Maryland, it's crucial for employers to understand how state regulations interact with local ordinances. While Maryland's leave laws, such as the MHWFA, FMLA, and PLA, provide a foundation for employee leave entitlements, some local jurisdictions have enacted their own leave laws that may provide additional or different benefits.

One notable example is Montgomery County, which has its own sick and safe leave law that predates the state's MHWFA. The Montgomery County Earned Sick and Safe Leave Law requires employers with five or more employees to provide paid sick and safe leave, while those with fewer than five employees must provide unpaid leave. This differs from the state law, which requires paid leave for employers with 15 or more employees and unpaid leave for those with fewer than 15 employees.

When there are differences between state and local leave laws, employers must comply with the provisions that are most beneficial to the employee. In situations where the state law provides greater benefits, it will supersede the local law. However, if the local law offers more generous leave entitlements, employers must follow the local requirements.

To ensure compliance with both state and local leave laws, employers should:

Review applicable laws: Identify all state and local leave laws that apply to their organization based on factors such as location, number of employees, and industry.
Compare provisions: Analyze the differences between state and local laws to determine which provisions are most beneficial to employees in each situation.
Develop comprehensive policies: Create leave policies with leave policies with leave policies with [leave policies](https://www.goco.io/blog/how-to-create-a-paid-time-off-policy) that incorporate the most generous provisions of both state and local laws, ensuring that employees receive the maximum benefits available.
Communicate with employees: Clearly explain the applicable leave entitlements to employees, including any differences between state and local requirements.
Maintain accurate records: Keep detailed records of employee leave accrual, usage, and related documentation in accordance with both state and local law requirements.

For employers with employees in multiple jurisdictions within Maryland, managing the interaction between state and local leave laws can be particularly challenging. In these cases, utilizing an all-in-one HR platform can help streamline leave management by:

Tracking location-specific requirements: Automatically applying the appropriate state and local leave entitlements based on each employee's work location.
Managing accruals and usage: Accurately tracking leave accruals and usage in accordance with applicable laws, ensuring compliance with both state and local provisions.
Generating required notices: Automatically generating and distributing required notices and disclosures to employees based on their location and leave type.
Maintaining centralized records: Storing leave-related documentation and records in a secure, centralized location for easy access and auditing purposes.

By understanding the interaction between Maryland's state leave laws and local ordinances, employers can ensure they are providing their employees with the appropriate leave benefits while maintaining compliance with all applicable regulations. Regular review of leave policies with leave policies with leave policies with [leave policies](https://www.goco.io/blog/how-to-create-a-paid-time-off-policy), clear communication with employees, and the use of comprehensive HR tools can help simplify the process of navigating these complex legal requirements.

Navigating Maryland's Leave Laws as an Employee

As an employee in Maryland, it's essential to understand your rights and protections under the state's various leave laws. These laws, such as the MHWFA, FMLA, and PLA, provide you with the ability to take time off for certain medical, family, and parental reasons without fear of losing your job or facing retaliation.

Under the MHWFA, if you work for an employer with 15 or more employees, you are entitled to earn up to 40 hours of paid sick and safe leave per year. If your employer has fewer than 15 employees, you are still entitled to earn up to 40 hours of unpaid sick and safe leave annually. This leave can be used for a variety of reasons, including:

To care for your own physical or mental health needs
To care for a family member's health needs
To address issues related to domestic violence, sexual assault, or stalking
For parental leave after the birth or adoption of a child

To request and use your earned sick and safe leave, you should:

Notify your employer as soon as possible when you need to take leave
Provide any required documentation, such as a doctor's note, if requested by your employer
Keep track of your leave accrual and usage to ensure you are receiving the correct amount of leave

In addition to the MHWFA, you may also be eligible for leave under the FMLA if you have worked for your employer for at least 12 months and have worked at least 1,250 hours in the previous 12 months. The FMLA provides up to 12 weeks of unpaid, job-protected leave for certain medical and family reasons, such as a serious health condition or the birth or adoption of a child.

If you are a new parent, you may be entitled to additional leave under the PLA. This law provides up to six weeks of unpaid, job-protected leave for the birth or adoption of a child if you work for an employer with 15-49 employees and meet certain eligibility requirements.

Staying Up-to-Date with Changes to Maryland's Leave Requirements

As an employer in Maryland, it's crucial to stay informed about any updates or amendments to the state's employee leave laws. These laws, including the MHWFA, FMLA, and PLA, are subject to change over time, and failing to comply with the most current requirements can lead to legal issues and penalties.

To ensure that your organization is always in compliance with Maryland's leave laws, it's essential to:

Regularly review legislation: Keep an eye out for any proposed changes to Maryland's leave laws by following updates from the Maryland General Assembly and the Department of Labor.
Consult with legal professionals: Work with employment law attorneys or HR consultants who specialize in Maryland's leave requirements to ensure that your policies and practices are up-to-date and compliant.
Attend training and seminars: Participate in educational events, webinars, and conferences that focus on Maryland's leave laws to stay informed about best practices and recent developments.
Subscribe to relevant publications: Follow newsletters, blogs, and other publications from reputable sources that cover Maryland's employment laws, such as the Maryland Chamber of Commerce or the Society for Human Resource Management (SHRM).

Employees in Maryland should also take an active role in staying informed about their leave rights with leave rights and any changes to the state's laws. Some resources for employees include:

Maryland Department of Labor: The Department of Labor's website provides information on various leave laws, including the MHWFA, FMLA, and PLA, as well as guidance on how to file a complaint if they believe their rights have been violated.
Employee advocacy organizations: Groups such as the Public Justice Center and the Maryland Employment Lawyers Association offer resources and support for employees seeking to understand their leave rights with leave rights.
Union representatives: For employees who are part of a union, their union representatives can provide guidance on leave entitlements and any updates to Maryland's laws that may affect their members.

By staying informed and adapting to changes in Maryland's employee leave laws, employers can ensure that they are providing their employees with the appropriate benefits and protections while minimizing the risk of legal complications. Employees who are knowledgeable about their rights can better advocate for themselves and hold their employers accountable for compliance with these important regulations.

Navigating the complexities of employee leave laws in Maryland can be challenging, but staying informed and compliant is essential for maintaining a positive and legally sound workplace. We hope this comprehensive guide has provided you with the information and resources needed to understand and manage your obligations as an employer or your rights as an employee.

If you're looking for a powerful, all-in-one HR solution to streamline your leave management processes and ensure compliance, book a demo with GoCo today and discover how we can help you navigate the ever-changing landscape of employee leave laws.