Maryland Return to Office Mandate 2026

What is Maryland’s return to office mandate?

Maryland does not have a state-specific return to office mandate for private sector employers. On January 20, 2025, President Trump issued an executive order requiring federal employees to return to in-person work at their duty stations full-time. This order applies to federal executive branch employees, including the approximately 158,475 Maryland residents employed by the federal government. Private sector employers in Maryland are not covered by this federal order and operate under at-will employment principles, subject to anti-discrimination laws and reasonable accommodation requirements.

Source: Federal executive order; Maryland employment data
Available at: Federal government sources; Maryland Department of Commerce

Does Maryland’s RTO mandate apply to private employers?

No. There is no Maryland state law mandating return to office for private employers. The federal executive order issued January 20, 2025, applies only to federal employees. Private sector employers in Maryland may implement their own return to office policies under the at-will employment framework, but must comply with anti-discrimination laws, reasonable accommodation requirements, and any applicable employment contracts or collective bargaining agreements.

Source: Maryland employment law framework
Reference: At-will employment doctrine; Md. Code, State Gov’t § 20

Can my employer force me back to the office in Maryland?

Generally yes, unless you have an employment contract stating otherwise or qualify for a reasonable accommodation. Maryland follows at-will employment, meaning employers can change workplace policies, including work location requirements. However, employers cannot force return to office for discriminatory reasons or in retaliation for protected activities. If you have a disability that requires remote work as an accommodation, your employer must engage in the interactive process to consider this request, and cannot deny it without demonstrating undue hardship.

Source: Maryland at-will employment doctrine
Available at: https://labor.maryland.gov/labor/wagepay/wpatwill.shtml
Disclaimer: Consult an employment attorney for advice on your specific situation.

What are my accommodation rights under Maryland law?

Under Md. Code, State Gov’t § 20-606, employers with 15 or more employees must provide reasonable accommodations for known physical or mental limitations of qualified individuals with disabilities, unless doing so would impose undue hardship. Reasonable accommodations may include modified work schedules, job restructuring, or remote work arrangements. Employers must engage in an interactive process with employees requesting accommodations. Maryland law also requires accommodations for pregnancy-related disabilities. The federal ADA provides similar protections and may apply to employers not covered by Maryland law.

Source: Md. Code, State Gov’t § 20-606
Enforcement: Maryland Commission on Civil Rights
Contact: (410) 767-8600

How do I file a discrimination complaint in Maryland?

Maryland Commission on Civil Rights (MCCR):

1. Visit https://mccr.maryland.gov/ and click “Initiate an Inquiry”
2. Complete online inquiry form
3. Attend intake interview (phone or in-person)
4. Sign and return Form 5 (Charge of Discrimination)
5. Deadline: 300 days from discriminatory act

Equal Employment Opportunity Commission (EEOC):

1. Visit https://publicportal.eeoc.gov/ or call 1-800-669-4000
2. Schedule intake appointment
3. Complete charge of discrimination
4. Deadline: 300 days in Maryland

Contact information:

MCCR: (410) 767-8600
6 Saint Paul Street, Suite 900, Baltimore, MD 21202

EEOC: (410) 962-3932
31 Hopkins Plaza, Suite 1432, Baltimore, MD 21201

Due to work-sharing agreements, filing with one agency can preserve rights under both state and federal law if you request cross-filing.

Can I request remote work as a reasonable accommodation?

Yes, you can request remote work as a reasonable accommodation if you have a disability that requires it. According to EEOC guidance, employers must engage in the interactive process to evaluate whether remote work is an effective accommodation that does not create undue hardship. Factors include whether essential job functions can be performed remotely, whether you have successfully worked remotely in the past, and the operational impact on the employer. The employer is not required to grant the exact accommodation requested but must consider it and explore alternatives. If denied, the employer must explain why it would create undue hardship.

Source: EEOC ADA guidance; Maryland accommodation requirements
Contact MCCR: (410) 767-8600 for information on filing a complaint if accommodation denied

What is Maryland’s Equal Employment Law?

Maryland’s equal employment law is found in Title 20 of the State Government Article (Md. Code, State Gov’t § 20-601 et seq.). Originally enacted in 1969 as the Commission on Human Relations Act, it prohibits employment discrimination based on race, color, religion, sex (including pregnancy, gender identity, sexual orientation), age, national origin, marital status, disability, and genetic information. The law applies to employers with 15 or more employees and is enforced by the Maryland Commission on Civil Rights. Title 20 provides broader protections than federal law in some areas, including coverage of marital status and sexual orientation.

Source: Md. Code, State Gov’t § 20-601 et seq.
Enforcement: Maryland Commission on Civil Rights
Available at: https://mccr.maryland.gov/

Where do I file an EEOC complaint in Maryland?

File EEOC complaints at the Baltimore Field Office:

U.S. Equal Employment Opportunity Commission
Baltimore Field Office
31 Hopkins Plaza, Suite 1432
Baltimore, Maryland 21201

Phone: (410) 962-3932
Toll-free: 1-800-669-4000
TTY: 1-800-669-6820
Hours: Monday – Friday, 9:00 AM – 4:00 PM
Intake interviews: Monday – Thursday by appointment

Online: https://publicportal.eeoc.gov/ (schedule appointments, submit inquiries)

Deadline: 300 days from discriminatory act in Maryland

The Baltimore office serves all of Maryland. You can also file online through the EEOC Public Portal or by calling the toll-free number.

What is at-will employment in Maryland?

According to the Maryland Department of Labor:

“In Maryland, employees work ‘at the will’ of their employers. This means, in the absence of an express contract, agreement or policy to the contrary, an employee may be hired or fired for almost any reason — whether fair or not — or for no reason at all.”

At-will employment allows employers to change policies, including workplace location requirements, and to terminate employees without specific cause. However, important exceptions exist: employers cannot make decisions based on protected characteristics (race, sex, age, disability, etc.), in retaliation for protected activities (filing discrimination complaints, reporting safety violations), for reasons violating public policy, or in breach of employment contracts.

Source: Maryland Department of Labor
Available at: https://labor.maryland.gov/labor/wagepay/wpatwill.shtml

What is the difference between federal employee and private sector RTO requirements in Maryland?

Federal Employees:

Required to return to in-person work full-time under January 20, 2025 executive order. Implementation varies by agency with exemptions possible. Approximately 158,475 Maryland residents employed by federal government affected. Collective bargaining agreements and existing contracts may provide protections. Agency heads can grant exemptions for disability, qualifying medical conditions, or other compelling reasons.

Private Sector Employees:

No state or federal mandate requiring return to office. Employers set their own policies under at-will employment framework. Must comply with anti-discrimination laws and reasonable accommodation requirements. Employment contracts and collective bargaining agreements must be honored. Remote work may be required as reasonable accommodation for qualified individuals with disabilities.

Common Requirements:

Both must comply with ADA reasonable accommodation requirements. Both protected from discrimination based on protected characteristics. Both can file EEOC complaints if rights violated.

Source: Federal executive order; Maryland employment law framework

Are there Maryland state employee RTO policies?

Yes, Maryland state employees operate under separate policies from federal employees and private sector workers. According to the Maryland Department of Budget and Management, effective July 1, 2021, the state returned to Level I – Normal Operations, and only employees in classifications designated as telework-eligible may telework with supervisory approval. State employee telework policies are established by the Department of Budget and Management and may vary by agency and position classification. These policies are independent of both the federal return to office order and private sector employer policies.

Source: Maryland Department of Budget and Management
Available at: https://dbm.maryland.gov/employees/Pages/COVID19.aspx
Contact: Maryland DBM for specific state employee policies

How does the interactive process work for accommodations in Maryland?

The interactive process is an informal dialogue between employer and employee to identify effective reasonable accommodations:

Step 1: Employee notifies employer of need for accommodation (can be verbal or written)

Step 2: Employer responds promptly and begins dialogue about limitations and potential accommodations

Step 3: Employer may request medical documentation to verify disability and accommodation need

Step 4: Both parties discuss possible accommodations. Employer may suggest alternatives if requested accommodation creates undue hardship

Step 5: Employer implements agreed-upon accommodation

Step 6: Employer monitors effectiveness and modifies as needed

The process requires good faith participation from both parties. Failure to engage in the interactive process may violate Maryland law and the ADA.

Source: EEOC guidance; Maryland accommodation requirements
Enforcement: Maryland Commission on Civil Rights and EEOC

What protected classes does Maryland law cover?

Maryland’s Title 20 (Md. Code, State Gov’t § 20-601 et seq.) prohibits discrimination based on:

• Race
• Color
• Religion
• Sex (including pregnancy)
• Gender identity
• Sexual orientation
• Age (18 and over for employment)
• National origin
• Marital status
• Physical or mental disability
• Genetic information
• Ancestry (in some contexts)

Some local jurisdictions in Maryland may provide additional protections. These protections apply to hiring, firing, promotion, compensation, and all other terms and conditions of employment.

Source: Md. Code, State Gov’t § 20-601 et seq.
Enforcement: Maryland Commission on Civil Rights
Contact: (410) 767-8600

Can my employer retaliate against me for requesting accommodation?

No. Both Maryland law and federal law prohibit retaliation against employees for requesting reasonable accommodations or filing discrimination complaints. According to Md. Code, State Gov’t § 20-606, it is unlawful for an employer to:

• Discriminate or retaliate against any individual who has opposed a practice made unlawful by Title 20
• Discriminate or retaliate against any individual who has filed a complaint or participated in an investigation

Retaliation can include termination, demotion, salary reduction, unfavorable job reassignment, or any adverse action because you requested an accommodation or filed a complaint.

Source: Md. Code, State Gov’t § 20-606
To file retaliation complaint: Contact MCCR at (410) 767-8600 or EEOC at (410) 962-3932

What is the deadline for filing a discrimination complaint in Maryland?

Maryland Commission on Civil Rights: 300 days (approximately 10 months) from the discriminatory act

EEOC (in Maryland): 300 days from the discriminatory act (due to work-sharing agreement with MCCR)

County agencies vary:

• Howard County: 6 months
• Montgomery County: 2 years to file lawsuit in circuit court
• Frederick County: 2 years to file lawsuit in circuit court

Critical: Do not wait until the deadline approaches. File as soon as possible after the discriminatory act occurs. Consult an employment attorney if deadline is approaching or has passed, as some exceptions may apply.

Source: Md. Code, State Gov’t § 20-1004; EEOC filing requirements
Contact: MCCR (410) 767-8600 or EEOC (410) 962-3932