For bereavement leave in Maryland, immediate family is defined narrowly: a child, a spouse, or a parent. That definition comes from the Maryland Flexible Leave Act, the only state statute that specifically addresses time off after a death in the family.1Maryland General Assembly. Maryland Code Labor and Employment 3-802 Maryland has no separate law requiring employers to provide dedicated bereavement days, so this three-relationship list is what state law protects.
The Three Relationships That Qualify
The Flexible Leave Act, found at Section 3-802 of the Labor and Employment Article, treats each of the three categories broadly enough to cover non-traditional family structures.
Child. A child includes a biological, adopted, or foster child, a stepchild, or a legal ward. For bereavement purposes there is no age limit, so an adult child qualifies.1Maryland General Assembly. Maryland Code Labor and Employment 3-802
Spouse. The employee’s legally married spouse.
Parent. A biological, adoptive, or foster parent, a stepparent, a legal guardian, or someone who stood in the role of a parent when the employee was a minor.1Maryland General Assembly. Maryland Code Labor and Employment 3-802
Relatives the Law Does Not Cover
The exclusions are what surprise most people. Under the Flexible Leave Act’s bereavement definition, none of the following relationships qualify:
- Grandparents
- Grandchildren
- Siblings
- Aunts, uncles, and cousins
- In-laws, including a spouse’s parents
- Domestic partners
Losing a grandparent or a sibling is often what prompts someone to look up bereavement rights, and state law simply does not reach those relationships. If the person who died falls into one of these categories, your right to time off depends on your employer’s own policy rather than the statute.
What the Flexible Leave Act Actually Gives You
The definition matters because of what the law does with it. The Flexible Leave Act does not create new paid days off. It lets an employee redirect paid leave they have already earned — sick leave, vacation, PTO, or compensatory time — toward bereavement for a qualifying death.1Maryland General Assembly. Maryland Code Labor and Employment 3-802 If you have more than one type of paid leave available, you get to choose which to use.
The statute applies to employers with 15 or more employees for at least 20 calendar weeks in the current or preceding year. An employer cannot require you to waive these rights, and any agreement to do so is void.
The Healthy Working Families Act Uses a Wider Family List, but Not for Bereavement
Maryland’s other major leave law, the Healthy Working Families Act, defines “family member” much more broadly. That list includes children, parents, spouses, grandparents, grandchildren, siblings, legal wards, anyone who stood in a parental role, and even the parents of the employee’s spouse.2Maryland General Assembly. Maryland Code Labor and Employment 3-1301 Each category covers biological, adopted, foster, and step-relationships.
That broader list is tempting, but it does not translate into bereavement rights. The Healthy Working Families Act limits leave use to the employee’s own illness or injury, preventive care, caring for a sick family member, maternity or paternity leave, and matters involving domestic violence, sexual assault, or stalking.3Maryland General Assembly. Maryland Code Labor and Employment 3-1305 – Use of Leave A death in the family, by itself, is not a permitted reason.
There is a narrow bridge. If grief produces a diagnosable condition such as depression or anxiety that requires care, the leave can qualify under the provision for the employee’s own mental health. The connection has to be genuine. For someone whose loss sends them into real medical need, the broader family definition in this statute can matter, even though it never names bereavement.
Your Employer May Define Immediate Family More Broadly
Many Maryland employers run their own bereavement policies that go beyond state law. These typically provide a set number of paid days, often three to five, for the death of an immediate family member, separate from sick or vacation balances. Some employers include grandparents, siblings, in-laws, or domestic partners in their definition of immediate family.
Check your employee handbook or ask human resources for the written policy. Look for which relationships are covered, how many days are provided, whether those days are paid, and whether any documentation such as an obituary or funeral program is required. An employer’s policy can expand on the rights given by state law; it cannot cut them back.