Maryland Leave of Absence Laws: Sick Leave, FMLA, and FAMLI

Maryland leave of absence laws come in layers: a state-required bank of paid sick and safe leave, a right to use your accrued paid leave for a sick family member or a death in the immediate family, unpaid parental leave at mid-sized employers, federal FMLA at larger ones, protections for jury duty, voting, and military service, and a new statewide paid family and medical leave insurance program with benefits scheduled to begin in January 2028. Which ones apply to you depends mostly on how big your employer is and how many hours you work.

Earned Sick and Safe Leave

Under the Maryland Healthy Working Families Act, you earn one hour of sick and safe leave for every 30 hours worked, up to 40 hours per year. If your employer has 15 or more employees, that time is paid. At smaller employers the same accrual applies, but it can be unpaid.1Maryland General Assembly. Maryland Labor and Employment Code 3-1304 – Requirements; Calculation of Leave2New York Codes, Rules and Regulations. Maryland Labor and Employment Code 3-1304

You can use this time for your own illness or a medical appointment, and the law reaches further than the name suggests. It also covers absences tied to domestic violence, sexual assault, or stalking, whether you’re the person affected or a family member is. That includes medical or mental health treatment, help from a victim advocacy organization, court appearances, and temporary relocation for safety.3New York Codes, Rules and Regulations. Maryland Labor and Employment Code 3-1305 – Employee Use of Earned Sick and Safe Leave

One boundary to note: the law doesn’t apply at all to employees who regularly work fewer than 12 hours per week.4Maryland Department of Labor. Maryland Healthy Working Families Act Frequently Asked Questions And if you use sick and safe leave for more than two consecutive scheduled shifts, your employer can ask for verification that the absence qualified.5Maryland Department of Labor. Maryland Sample Earned Sick and Safe Leave Policies

Using Accrued Leave for Family Illness or Bereavement

The Maryland Flexible Leave Act doesn’t create new paid time off. It guarantees that if you already have paid leave on the books (sick time, vacation, or comp time), you can spend it to care for a sick child, spouse, or parent, or for bereavement when an immediate family member dies. The law applies at employers with 15 or more workers, and “immediate family” here means only a child, spouse, or parent.6Maryland General Assembly. Maryland Labor and Employment Code 3-802

An internal company policy that would otherwise block using vacation for a sick child can’t override this right. The Flexible Leave Act operates independently from the federal FMLA, so time counted under one law doesn’t automatically count under the other.7Maryland Department of Labor. Flexible Leave – The Maryland Guide to Wage Payment and Employment Standards

Parental Leave at Smaller Employers

Maryland’s Parental Leave Act fills the gap left by the federal FMLA at smaller companies. It applies to employers with 15 to 49 employees who aren’t already covered by FMLA. Eligible workers get up to six weeks of unpaid leave in a 12-month period for the birth of a child or the placement of a child through adoption or foster care.8Maryland General Assembly. Maryland Labor and Employment Code 3-12019Maryland Department of Labor. Employees and Employers – Important Guidelines

If your employer has 50 or more employees, the Parental Leave Act doesn’t apply because the federal FMLA does.

Federal FMLA for Larger Employers

The federal Family and Medical Leave Act gives eligible workers up to 12 workweeks of unpaid, job-protected leave per year. You qualify if your employer has at least 50 employees within 75 miles of your worksite, you’ve been employed there for at least 12 months, and you’ve worked at least 1,250 hours in the previous 12 months.10U.S. Department of Labor. Fact Sheet 28 – The Family and Medical Leave Act

Qualifying reasons include your own serious health condition, caring for a spouse, child, or parent with a serious health condition, bonding with a new child by birth, adoption, or foster placement, and certain needs arising from a family member’s military deployment. The leave is unpaid, but your employer must maintain your group health insurance on the same terms as if you were still working.11U.S. Department of Labor. FMLA Frequently Asked Questions

You’re still responsible for your usual share of the premium. Your employer must tell you in advance how those payments will be handled while you’re out.12U.S. Department of Labor. Family and Medical Leave Act Advisor – Employee Payment of Group Health Benefit Premiums

Paid Family and Medical Leave Is Coming (FAMLI)

Maryland’s Family and Medical Leave Insurance program, FAMLI, will eventually let eligible workers take up to 12 weeks of paid, job-protected leave per year, with benefits of up to $1,000 per week calculated at up to 90 percent of wages. Qualifying reasons will include bonding with a new child, your own serious health condition, caring for a family member with a serious health condition, and needs tied to a family member’s military deployment.13Maryland FAMLI. For Employees

The program is funded through payroll contributions split between employers and employees. The initial rate was set at 0.9 percent of wages, divided equally at 0.45 percent each. Under 2025 legislation (HB 102), the Maryland Department of Labor must announce an updated contribution rate by May 1, 2026, for the period beginning January 1, 2027.14Maryland FAMLI. Contributions Benefit payments are scheduled to begin in January 2028. The Department of Labor has proposed extending the implementation schedule in response to federal policy changes affecting workers and employers, so check the program’s current timeline before you plan around it.

Jury Duty and Voting

Your job is protected if you’re called for jury service. Your employer can’t fire you, threaten you, or otherwise retaliate for missing work to serve, and can’t make you use vacation, sick, or annual leave for the days you sit on a jury. An employer who violates these rules faces a fine of up to $1,000.15Maryland Judiciary. Your Employees and Jury Service – A Fact Sheet for Maryland Employers16Maryland General Assembly. Maryland Courts and Judicial Proceedings Code 8-502

On Election Day, registered voters are entitled to up to two hours of paid time off to vote, unless the employee already has at least two continuous hours off while the polls are open. You’ll need to provide proof of voting or attempted voting on a form prescribed by the State Board of Elections.

Military Leave

The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to all employers and requires prompt reemployment of returning service members in the same position they would have held had they not been absent, with the same seniority, status, and pay.17U.S. Department of Labor. USERRA – Uniformed Services Employment and Reemployment Rights Act

Maryland adds a paid benefit for public-sector workers. State and county employees who are members of the National Guard get up to 15 days of paid military leave per year for training or other duty ordered under state or federal law, plus additional paid leave for the duration of any active-duty orders from the Governor. Private-sector employees don’t get this state-level paid benefit and rely on USERRA plus whatever their employer offers.

Leave as a Disability or Pregnancy Accommodation

If you’ve used up your FMLA leave or don’t qualify for it, you may still have a right to additional unpaid leave under the Americans with Disabilities Act. The ADA requires employers to consider leave as a reasonable accommodation for employees with disabilities unless it would create an undue hardship. There’s no fixed number of weeks; the employer has to evaluate each situation, weighing how much leave is needed, how predictable the absences are, and the impact on coworkers and operations.18Job Accommodation Network. Leave

The federal Pregnant Workers Fairness Act adds another layer. Covered employers can’t push a pregnant employee onto leave if another reasonable accommodation would let her keep working. Leave for prenatal appointments and recovery from childbirth are listed among the possible accommodations under the law.19U.S. Equal Employment Opportunity Commission. What You Should Know About the Pregnant Workers Fairness Act

Who Qualifies for What

Eligibility turns on employer size, tenure, and hours. The quick version:

Independent contractors aren’t employees and don’t get statutory leave protections. If you think you’ve been misclassified, the Maryland Department of Labor’s Worker Classification Protection Unit investigates those claims.20Maryland Department of Labor. How to Get Help Resolving Worker Classification Issues

If Your Employer Denies Leave or Retaliates

Maryland law prohibits an employer from firing, demoting, or taking any other adverse action against you for requesting or using leave, filing a complaint about a leave violation, or cooperating with an investigation.21Maryland General Assembly. Maryland Labor and Employment Code 3-105

You can file a written complaint with the Maryland Commissioner of Labor. Within 90 days of receiving it, the Commissioner must investigate and try to resolve the matter through mediation. If your claim is supported, the Commissioner can order lost wages and damages, reinstatement, and a civil penalty of up to $1,000 per affected employee.21Maryland General Assembly. Maryland Labor and Employment Code 3-105

If the employer doesn’t comply with that order, you can bring a civil action in court within three years. A court can award up to three times your lost wages, punitive damages, reasonable attorney’s fees, and injunctive relief.21Maryland General Assembly. Maryland Labor and Employment Code 3-105 The treble-damages provision is what gives the enforcement regime real weight.