Maryland parental and family leave laws: the federal FMLA, Maryland's Parental Leave Act, sick and safe leave, and FAMLI compared
Published Oct 10, 2026
Page updated Oct 10, 2026
Short answer, as of October 8, 2026: "Maryland Family and Medical Leave Act" is usually the federal FMLA, which applies in Maryland to employers with 50 or more employees. It gives up to 12 workweeks of job-protected leave, which "may consist of unpaid leave". Maryland's own Parental Leave Act covers employers with 15 to 49 employees and gives 6 workweeks of unpaid parental leave. From January 1, 2028, Maryland's FAMLI program pays benefits for up to 12 weeks, and that leave runs at the same time as FMLA leave. This page gives general information, not legal advice.
The four laws side by side
| Federal FMLA | Maryland Parental Leave Act | Earned sick and safe leave | FAMLI (from January 1, 2028) | |
|---|---|---|---|---|
| Employers | 50 or more employees for 20 or more weeks | 15 to 49 employees in Maryland, not covered by the FMLA | All; paid at 15 or more employees, unpaid at 14 or fewer | Any employer with at least one employee in Maryland |
| You must have | 12 months and 1,250 hours with the employer, at a site with 50 employees within 75 miles | 12 months and 1,250 hours with the employer | It accrues as you work; your employer may bar use in your first 106 calendar days | 680 hours in Maryland in the 4 quarters before your claim or leave |
| Reasons | Birth and care of a child; adoption or foster placement; a family member's or your own serious health condition; military family needs | Birth; adoption or foster placement | Your illness or care; a family member's; preventive care; "maternity or paternity leave"; safety | Bonding; your own or a family member's serious health condition; military family needs |
| How long | 12 workweeks in 12 months (26 workweeks to care for a covered servicemember, § 2612(a)(3)) | 6 workweeks in 12 months | At least 1 hour per 30 hours worked; the employer may cap use at 64 hours a year | 12 weeks in a benefit year; up to 24 weeks with a birth and your own serious health condition in the same year |
| Paid? | "may consist of unpaid leave" | Unpaid | Paid at 15 or more employees | Up to 90% of your average weekly wage, at least $50 and up to $1,000 a week through 2028 |
| Your job | Restored to the same or an equivalent position (§ 2614) | Restored to the same or an equivalent position (§ 3-1204) | - | Restored to "an equivalent position" (§ 8.3-706) |
| Health plan | Kept during leave (§ 2614(c)) | Kept during leave (§ 3-1205) | - | Kept as under the FMLA (§ 8.3-707) |
How FAMLI and the FMLA fit together
- At the same time: FAMLI leave "shall run concurrently with eligible leave that may be taken ... under the federal Family and Medical Leave Act" (§ 8.3-702(b)). For one birth you do not get 12 weeks under each.
- Your paid time off: your employer may not require you to use up vacation or sick leave before or during FAMLI benefits (§ 8.3-702(d)(1)). You and your employer may agree that you use paid vacation, sick leave or other paid time off to top up your pay, up to 100% of your average weekly wage (§ 8.3-702(d)(2)).
- Exceptions for the employer: under the Parental Leave Act and FAMLI, the employer may deny your job on return only to prevent "substantial and grievous economic injury", with notice (§§ 3-1204, 8.3-706). During FAMLI leave it may end your job "only for cause".
- No retaliation: under FAMLI, no one may discharge, demote or act against you because you applied for benefits, took the leave, or asked about your rights (§ 8.3-904).
- Complaints: 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.
Related pages
- Maternity and paternity leave in Maryland
- Maryland FAMLI for employees
- When Maryland paid leave benefits start
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
- 29 U.S.C. § 2611 — FMLA: eligible employee, employer (govinfo) — checked Oct 8, 2026
- 29 U.S.C. § 2612 — FMLA: 12 workweeks; unpaid leave (govinfo) — checked Oct 8, 2026
- 29 U.S.C. § 2614 — FMLA: restoration; health benefits (govinfo) — checked Oct 8, 2026
- Md. Code, Labor and Employment §§ 3-1201 to 3-1205 — 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
- Md. Code, Labor and Employment §§ 8.3-101, 8.3-701, 8.3-702, 8.3-706, 8.3-707, 8.3-904, 8.3-905 — FAMLI — checked Oct 8, 2026
- Maryland FAMLI Division — About the program — 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
›Is there a Maryland Family and Medical Leave Act?
The Family and Medical Leave Act (FMLA) is a federal law. It applies in Maryland as in every state, to employers with 50 or more employees. Maryland's own laws are the Parental Leave Act (employers with 15 to 49 employees) and, from 2028, the paid FAMLI program.
›What is the Maryland Parental Leave Act?
It gives an eligible employee 6 workweeks of unpaid leave in 12 months for the birth of a child or the placement of a child for adoption or foster care. It covers employers with 15 to 49 employees in Maryland that the FMLA does not cover. You must have worked there 12 months and 1,250 hours (Lab. & Empl. §§ 3-1201, 3-1202).
›Is FMLA leave paid?
The FMLA says the leave 'may consist of unpaid leave' (29 U.S.C. 2612(c)). From January 1, 2028, Maryland's FAMLI pays benefits, and FAMLI leave runs at the same time as FMLA leave (§ 8.3-702(b)).
›Does Maryland have paid parental leave?
Maryland's FAMLI program pays benefits from January 1, 2028 (FAMLI Division), including up to 12 weeks to bond with a new child. Until then, use earned sick and safe leave (which the law allows 'for maternity or paternity leave') and any paid leave your employer offers.
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.