Maternity and paternity leave in Maryland: the leave you can use today, and paid FAMLI leave from January 2028
Published Oct 10, 2026
Page updated Oct 10, 2026
Short answer, as of October 8, 2026: Maryland's paid leave program, FAMLI, pays benefits from January 1, 2028 (FAMLI Division, About the program). Until then, a new parent in Maryland may have:
- unpaid, job-protected leave: up to 12 workweeks under the federal Family and Medical Leave Act (FMLA), or 6 workweeks under Maryland's Parental Leave Act;
- earned sick and safe leave, which the law lets you use "for maternity or paternity leave".
From 2028, FAMLI pays up to 12 weeks to bond with a new child, at up to $1,000 a week. This page gives general information, not legal advice.
Which law covers you today
| Law | Who it covers | How long | Paid? | Your job on return |
|---|---|---|---|---|
| Federal FMLA (29 U.S.C. 2611-2612) | Employers with 50 or more employees; you worked there 12 months and 1,250 hours in the last 12 months, at a site with 50 employees within 75 miles | 12 workweeks in 12 months, for the birth of a child "and in order to care for such son or daughter", or a placement for adoption or foster care | It "may consist of unpaid leave" | "the position of employment held by the employee when the leave commenced" or "an equivalent position" (§ 2614) |
| Maryland Parental Leave Act (Lab. & Empl. §§ 3-1201 to 3-1210) | Employers with 15 to 49 employees in Maryland that the FMLA does not cover; you worked there 12 months and 1,250 hours | 6 workweeks in 12 months, for a birth or a placement for adoption or foster care | Unpaid (§ 3-1202) | "the position ... or ... an equivalent position" (§ 3-1204) |
| Earned sick and safe leave (§§ 3-1304, 3-1305) | Paid at employers with 15 or more employees; unpaid at 14 or fewer | You earn at least 1 hour for every 30 hours you work. The employer need not let you earn more than 40 hours a year, or use it in your first 106 calendar days | Paid at 15+ employees | The law allows its use "for maternity or paternity leave" |
Under the Parental Leave Act, the employer may deny the leave only "to prevent substantial and grievous economic injury", and must tell you before the leave begins (§ 3-1202). It may deny your job on return only for the same reason, and must tell you when it decides that the injury would occur; if your leave has already begun, you may then choose not to return (§ 3-1204). During the leave it may end your job only for cause. The employer keeps your group health plan during the leave (§ 3-1205).
What FAMLI adds from January 1, 2028
- Bonding: "care for a newborn or prepare for or bond with a child placed with you through adoption, foster care, or kinship care during the first year after placement" (FAMLI Division).
- How long: up to 12 weeks in a benefit year. If you have your own serious health condition and a new child in the same year, "up to 12 weeks per event—for a total of up to 24 weeks" (FAMLI Division; § 8.3-702).
- How much: up to 90% of your average weekly wage, at least $50 and up to $1,000 a week through 2028 (§ 8.3-703). The FAMLI Division's example: at $600 a week, the benefit is $540 a week.
- Both parents: "Spouses can both take FAMLI leave at the same time even if they work for the same employer."
- Your job: when the leave ends, your employer "shall ... restore the covered individual to an equivalent position" (§ 8.3-706). Your employer continues health benefits as under the FMLA (§ 8.3-707).
- FMLA at the same time: FAMLI leave "shall run concurrently with" FMLA leave (§ 8.3-702(b)). The two do not add up to 24 weeks for one birth.
- Who qualifies: you worked at least 680 hours in Maryland in the four calendar quarters before your claim or leave (FAMLI Division; § 8.3-101). There is no minimum income.
- When to apply: up to 60 days before, or up to 60 days after, the first day of leave. For foreseeable leave, your employer may ask for 30 days' written notice (§ 8.3-701).
What you pay now
From January 2027, your employer can take up to 0.45% of your wages from each paycheck for FAMLI. On $1,000 of pay, that is up to $4.50. "Some employers will choose to pay the full contribution for their employees." See Maryland FAMLI for employees.
If a problem comes up
If you believe an employer has broken the FAMLI law, you may file a written complaint with the Maryland Department of Labor (the Secretary of Labor's designee, § 8.3-905). An employment lawyer can advise you on your own case.
Free information: the Women's Law Center of Maryland runs an Employment Law Hotline, where volunteer attorneys answer questions, including on the FMLA and pregnancy protections.
Employment lawyers who state that they represent employees: Employment lawyers for employees.
This is a private website, not a government site. General information, not legal, tax or insurance advice. Official site: paidleave.maryland.gov.
Sources and check dates are listed on this page. We re-read the sources before every update and show the date of the last check.
Sources
- Maryland FAMLI Division — For employees — checked Oct 8, 2026
- Maryland FAMLI Division — About the program — checked Oct 8, 2026
- Md. Code, Labor and Employment § 8.3-701 — reasons for leave; start date — checked Oct 8, 2026
- Md. Code, Labor and Employment § 8.3-702 — 12 weeks; 24 weeks; FMLA runs at the same time — checked Oct 8, 2026
- Md. Code, Labor and Employment § 8.3-706 — your job on return — checked Oct 8, 2026
- Md. Code, Labor and Employment §§ 3-1201, 3-1202, 3-1204 — Maryland Parental Leave Act — checked Oct 8, 2026
- Md. Code, Labor and Employment §§ 3-1304, 3-1305 — earned sick and safe leave — checked Oct 8, 2026
- 29 U.S.C. §§ 2611, 2612, 2614 — federal Family and Medical Leave Act (govinfo) — checked Oct 8, 2026
- 2025 Md. Laws ch. 296 (SB 785), § 3-1201 employer definition, effective 1 Oct 2025 — checked Oct 8, 2026
Frequently asked questions
›How long is maternity leave in Maryland?
It depends on the law that covers you. The federal FMLA gives up to 12 workweeks of leave, which may be unpaid. Maryland's Parental Leave Act gives 6 workweeks of unpaid leave at employers with 15 to 49 employees that the FMLA does not cover. From January 1, 2028, FAMLI pays benefits for up to 12 weeks to bond with a new child, and up to 24 weeks in a year that also has your own serious health condition.
›Is maternity leave paid in Maryland?
FAMLI benefits start on January 1, 2028. Before then, the FMLA and the Parental Leave Act allow unpaid leave. You can use earned sick and safe leave for maternity or paternity leave (§ 3-1305), and paid leave your employer offers. From January 1, 2028, FAMLI pays up to 90% of your average weekly wage, up to $1,000 a week.
›How long is paternity leave in Maryland?
The same laws apply to fathers and mothers: up to 12 workweeks under the FMLA, or 6 workweeks under the Parental Leave Act, and from 2028 up to 12 weeks of FAMLI benefits to bond with a new child. The FAMLI Division says that spouses can both take FAMLI leave at the same time, even if they work for the same employer.
›Can I use short-term disability for maternity leave in Maryland?
Short-term disability is an insurance policy from your employer or one you bought. Its own terms decide what it pays. From 2028, the FAMLI law lets an employer require that FAMLI payments are coordinated with a disability policy (§ 8.3-702(d)(3)).
Private website. Not affiliated with the State of Maryland, the Maryland Department of Labor or the FAMLI Division. Official site: paidleave.maryland.gov. General information with sources and check dates — not legal, tax or insurance advice. We are not a licensed insurance producer; we do not recommend any agent, insurer or plan, and we receive no commission or fee based on any insurance sale.