Maryland Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)
⚠️Informational only — not legal or tax advice.
Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of Maryland, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Quick Reference — Maryland Paid Leave Snapshot
- Paid Sick Leave in Maryland
- Paid Family & Medical Leave in Maryland — FAMLI Program
- Maternity, Paternity & Parental Leave in Maryland
- Federal FMLA in Maryland
- Other Protected Leave Categories in Maryland
- 2026 Updates & Recent Legislative Changes in Maryland
- How to File a Paid Leave Complaint in Maryland
- Interstate Considerations for Remote Workers in Maryland
- Frequently Asked Questions
- Sources & Verification Log
Introduction
Maryland requires private employers to provide earned sick and safe leave under the Maryland Healthy Working Families Act (MHWFA), Md. Code Ann., Lab. & Empl. §§ 3-1301–3-1311, which took effect February 11, 2018. Maryland has also enacted a state-funded paid family and medical leave program — the Family and Medical Leave Insurance (FAMLI) program — established by the Time to Care Act of 2022 (Md. Code Ann., Lab. & Empl. §§ 8.3-101 et seq.), with employer and employee contributions beginning January 1, 2027 and benefits beginning no earlier than January 3, 2028. At the federal level, the Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave. This page compiles current requirements from the Maryland Department of Labor and the U.S. Department of Labor, and is intended for workers and employers seeking an authoritative reference for Maryland paid leave obligations. For related state employment topics, see Maryland employment law at Maryland Employment Law.
Quick Reference — Maryland Paid Leave Snapshot
| Maryland Paid Leave Snapshot (2026) | |
|---|---|
| Category | Status |
| Mandatory Paid Sick Leave | Yes — for employers with 15+ employees |
| Governing Statute | Maryland Healthy Working Families Act, Md. Code Ann., Lab. & Empl. §§3-1301–3-1311 |
| Administering Agency | Maryland Department of Labor, Employment Standards Service — labor.maryland.gov |
| Covered Employers | All employers with employees whose primary work location is in Maryland; paid leave required for employers with 15+ employees; unpaid leave required for employers with 1–14 employees |
| Eligible Employees | All employees with primary work location in Maryland; must work at least 12 hours/week; waiting period of 106 days before first use |
| Accrual Rate | 1 hour per 30 hours worked (minimum 24 hours worked per pay period to qualify for accrual) |
| Annual Accrual Cap | 40 hours per year |
| Annual Usage Cap | 64 hours per year |
| Carryover | Up to 40 hours; capped at 64 hours total if carrying over |
| Paid Family & Medical Leave Program | Yes — FAMLI (Family and Medical Leave Insurance); contributions begin January 1, 2027; benefits begin no earlier than January 3, 2028 |
| PFML Program Name | Maryland FAMLI (Family and Medical Leave Insurance) |
| PFML Governing Statute | Time to Care Act of 2022, Md. Code Ann., Lab. & Empl. §§8.3-101 et seq. |
| PFML Administering Agency | Maryland Department of Labor, FAMLI Division — paidleave.maryland.gov |
| PFML Weekly Benefit (Maximum) | Up to $1,000 per week (maximum fixed through December 31, 2028; thereafter adjusted annually for inflation) |
| PFML Duration | Up to 12 weeks per benefit year; up to 24 weeks if own serious health condition is followed by parental bonding leave |
| PFML Contribution Rate | Initially announced at 0.90% of covered wages; updated rate to be set by May 1, 2026 for the January 1, 2027 contribution period |
| FMLA Applies | Yes (federal baseline) |
| Information Current As Of | March 2026 |
Paid Sick Leave in Maryland
Does Maryland Require Paid Sick Leave?
Yes. The Maryland Healthy Working Families Act (MHWFA) requires all employers with employees whose primary work location is in Maryland to provide earned sick and safe leave, regardless of where the employer itself is located. (labor.maryland.gov/paidleave/) Whether the leave is paid or unpaid depends on employer size: employers with 15 or more employees must provide paid leave; employers with 14 or fewer employees must provide unpaid leave. The MHWFA is administered by the Maryland Department of Labor, Employment Standards Service. The Maryland paid sick leave law took effect February 11, 2018, and preempts local paid sick and safe leave ordinances enacted on or after January 1, 2017. Montgomery County, which enacted a local sick and safe leave ordinance before that date, retains its local law. (labor.maryland.gov/paidleave/paidleavefaqs.shtml)
Which Employers Are Covered?
Every employer with at least one employee whose primary work location is in Maryland is subject to the MHWFA. The threshold for determining whether leave must be paid or unpaid is based on the employer’s average monthly number of employees during the immediately preceding calendar year, including full-time, part-time, temporary, and seasonal employees — regardless of whether those employees would individually qualify for leave benefits. (labor.maryland.gov/paidleave/paidleavefaqs.shtml)
- Employers with 15 or more employees — required to provide paid earned sick and safe leave.
- Employers with 14 or fewer employees — required to provide unpaid earned sick and safe leave.
Out-of-state employers are covered if their employees’ primary work location is in Maryland. The MHWFA preempts local sick leave ordinances enacted on or after January 1, 2017, with Montgomery County as the sole exception. (labor.maryland.gov/paidleave/paidleavefaqs.shtml)
Which Employees Are Eligible?
All employees whose primary work location is in Maryland are eligible to accrue sick and safe leave unless they fall within a statutory exemption. (labor.maryland.gov/paidleave/) Employees must work a minimum of 12 hours per week to qualify; employees who work fewer than 12 hours per week are exempt. Additional exemptions include: certain agricultural workers in operations defined under Md. Courts and Judicial Proceedings Art. § 5-403; employees covered by certain collective bargaining agreements entered into before June 1, 2017 (for the duration of the original agreement term); and certain construction industry employees covered by a bona fide CBA entered into on or after June 1, 2017, if that agreement expressly waives the Act’s requirements. (labor.maryland.gov/paidleave/paidleavefaqs.shtml)
New employees must wait 106 days from their date of hire before using accrued leave. Employees hired before the law’s effective date and employed for at least 106 days as of February 11, 2018 may use leave as it accrues.
Accrual, Frontloading & Caps
Under the MHWFA, leave accrues at the rate of 1 hour for every 30 hours worked. Accrual is subject to the following rules: (labor.maryland.gov/paidleave/paidleavefaqs.shtml)
- An employee does not accrue leave during a 2-week pay period in which fewer than 24 total hours were worked, or during a 1-week pay period in which fewer than a combined 24 hours were worked in the current and immediately preceding pay period.
- Annual accrual cap: 40 hours per year.
- Annual usage cap: Employers are not required to allow more than 64 hours of earned sick and safe leave to be used in a year.
- Carryover: Up to 40 hours of unused leave carries over from one year to the next, provided total accrued leave does not exceed 64 hours.
- Frontloading option: An employer may award the full 40 hours at the beginning of the year and, if it does so, may elect to prohibit carryover of unused leave. (labor.maryland.gov/paidleave/paidleavemodel.shtml)
Maryland law does not require employers to pay out unused earned sick and safe leave upon separation from employment.
Qualifying Reasons for Paid Sick Leave
Under Md. Code Ann., Lab. & Empl. § 3-1305, earned sick and safe leave may be used for: (labor.maryland.gov/paidleave/paidleavefaqs.shtml)
- Treatment or care of the employee’s own mental or physical illness, injury, or health condition, including preventive care.
- Treatment, diagnosis, or preventive care for a covered family member’s mental or physical illness, injury, or health condition.
- Closure of the employee’s place of business or a family member’s school or child care facility by order of a public official due to a public health emergency.
- Care for a family member when a health official or health care provider has determined that the family member’s presence in the community would jeopardize others’ health due to a communicable disease.
- Absence from work due to domestic violence, sexual assault, or stalking committed against the employee or the employee’s family member, for purposes of: obtaining medical or mental health treatment; services from a victim services organization; legal services or proceedings; or temporary relocation.
Definition of Family Member
For purposes of Maryland sick and safe leave, “family member” includes: (labor.maryland.gov/paidleave/paidleavefaqs.shtml)
- Child (including biological, adopted, foster child, stepchild, or a child for whom the employee has legal custody or acts in loco parentis)
- Grandchild
- Grandparent
- Parent and parent-in-law (including biological, adoptive, foster, or step)
- Sibling
- Spouse
- Legal guardian or an individual who acted as a parent when the employee was a minor
Pay Rate & Documentation
Paid sick and safe leave is compensated at the employee’s regular rate of pay. (labor.maryland.gov/paidleave/) Employers may require employees to provide reasonable documentation if leave is used for more than two consecutive shifts. Employers may not require documentation that discloses the specific nature of a mental or physical illness or that would violate HIPAA or the Social Security Act. Employers may require reasonable advance notice for foreseeable leave and notice as soon as practicable for unforeseeable leave; however, employers may not require employees to find a replacement worker as a condition of taking leave. Employers are required to maintain records of leave accrual and usage for at least three years. (labor.maryland.gov/paidleave/paidleavefaqs.shtml)
Retaliation Protections
The MHWFA prohibits employers from discharging, demoting, suspending, disciplining, or otherwise retaliating against an employee for requesting or using earned sick and safe leave, or for filing a complaint or participating in a proceeding under the law. (labor.maryland.gov/paidleave/) Employees who believe their rights under the MHWFA have been violated may contact the Maryland Department of Labor’s Employment Standards Service. Complaints and inquiries may be directed to ssl.assistance@maryland.gov. Civil penalties and recovery of unpaid wages and damages may be assessed for violations. (labor.maryland.gov/paidleave/paidleavefaqs.shtml)
Paid Family & Medical Leave in Maryland — FAMLI Program
Does Maryland Have a Paid Family & Medical Leave Program?
Yes. Maryland enacted the Time to Care Act of 2022 (Md. Code Ann., Lab. & Empl. §§ 8.3-101 et seq.), establishing the Family and Medical Leave Insurance (FAMLI) program. FAMLI is administered by the FAMLI Division of the Maryland Department of Labor. Following several legislative amendments — most recently HB 102 (2025 Ch. 363, signed May 6, 2025) — employer and employee contributions to the FAMLI program are scheduled to begin January 1, 2027, and benefits are scheduled to begin no earlier than January 3, 2028. (paidleave.maryland.gov) The Maryland Department of Labor is required to set an updated contribution rate by May 1, 2026, for the contribution period beginning January 1, 2027. Information on this page reflects the statutory framework and program details as established under current law. For Maryland overtime law questions relevant to leave coordination, see Maryland overtime laws.
Program Overview — Maryland FAMLI
- Administering agency: Maryland Department of Labor, FAMLI Division — paidleave.maryland.gov
- Governing statute: Time to Care Act of 2022, Md. Code Ann., Lab. & Empl. §§ 8.3-101 et seq., as most recently amended by 2025 Ch. 363 (HB 102)
- Contribution period begins: January 1, 2027
- Benefits begin: No earlier than January 3, 2028
- Initial contribution rate: 0.90% of covered wages, up to the Social Security taxable wage base — split equally between employers and employees (0.45% each for employers with 15+ employees); an updated rate will be announced by May 1, 2026 and will apply from January 1, 2027 (paidleave.maryland.gov/employers/contributions/)
- Contribution rate cap: Cannot exceed 1.2% of wages under any circumstance (paidleave.maryland.gov/employers/contributions/)
- Small employer contributions: Employers with fewer than 15 employees are not required to contribute the employer portion; employee contributions are still required from workers at small employers (labor.maryland.gov/whatsnews/laborannouncescontributionrateforfamli.shtml)
- Private plan option: Covered employers may satisfy FAMLI requirements through an approved commercially insured or self-insured private plan that provides benefits and protections equal to or greater than the state plan (paidleave.maryland.gov/employers/)
Qualifying Reasons for FAMLI Leave
Under the Time to Care Act, covered employees may use FAMLI benefits for the following qualifying events: (paidleave.maryland.gov/about-the-program/)
- Bonding with a new child during the first year after birth or after placement through adoption, foster care, or kinship care
- The employee’s own serious health condition requiring hospitalization or continuing treatment by a licensed health care provider
- Care for a family member with a serious health condition
- Qualifying military exigency related to a covered family member’s active duty or call to active duty
- Care for an injured or ill military servicemember who is next of kin
| Benefit Amount & Duration — Maryland FAMLI | |
|---|---|
| Benefit Detail | Amount |
| Maximum Duration | Up to 12 weeks per benefit year |
| Additional Leave | Up to 12 additional weeks available if an employee takes leave for their own serious health condition and subsequently needs parental bonding leave (up to 24 weeks total) |
| Wage Replacement — Lower-Wage Workers | 90% of average weekly wage for workers whose earnings are 65% or less of Maryland’s State Average Weekly Wage (SAWW) |
| Wage Replacement — Higher-Wage Workers | 90% of 65% of SAWW, plus 50% of wages above that threshold |
| Maximum Weekly Benefit | $1,000 per week (fixed through December 31, 2028; thereafter adjusted annually by CPI) |
| Intermittent Leave | Permitted — continuous or intermittent basis |
| Job Protection | Yes — employer must restore covered individual to same or equivalent position; employer may only terminate for cause during FAMLI leave |
| Health Insurance Continuation | Yes — employer must continue health benefits in the same manner required by federal FMLA |
| Waiting Period | None specified in current statutory framework |
Source: paidleave.maryland.gov/employees/ · paidleave.maryland.gov/about-the-program/
Benefit amounts are calculated based on the employee’s highest-earning quarter in the four calendar quarters before the anchor date (the earlier of the date a complete benefit application is submitted or the date leave begins). The SAWW is published annually by the Maryland Department of Labor by December 15. For example, an employee earning $600 per week at the $15/hour minimum wage would receive $540 per week (90% of $600) once benefits begin. (paidleave.maryland.gov/employees/)
Eligibility Requirements
A covered employee is eligible for FAMLI benefits after working at least 680 hours in positions localized in Maryland in the four calendar quarters reported before the anchor date. (paidleave.maryland.gov/about-the-program/) Key eligibility rules:
- Eligibility is based on where the work is performed (localized in Maryland), not where the employee lives or where the employer is headquartered. A simplified rule: if an employer contributes to Maryland’s unemployment insurance program on behalf of an employee, that employee’s work is localized in Maryland.
- All employment categories are covered — there are no exemptions for part-time, seasonal, or temporary workers.
- Independent contractors are not covered and do not contribute.
- Federal employees working in Maryland are not eligible for FAMLI benefits.
- Self-employed Maryland residents may elect optional coverage at a later date.
- If an employee changes jobs, previously earned hours in Maryland may still count toward the 680-hour threshold, provided the employee is currently employed when filing a claim.
(paidleave.maryland.gov/about-the-program/)
FAMLI Definition of Family Member
FAMLI’s definition of “family member” is broader than that of FMLA, covering: (paidleave.maryland.gov/workers/Pages/home.aspx)
- Child (biological, adopted, foster, step, or child of whom the worker has court-appointed decision-making authority, or who lives with the worker)
- Parent (biological, adoptive, foster, stepparent, or person who stood in loco parentis to the worker or worker’s spouse)
- Grandparent (biological, adopted, foster, or step)
- Grandchild (biological, adopted, foster, or step)
- Sibling (biological, adopted, foster, or step)
- Spouse or domestic partner
- An individual who acted as a parent or stood in loco parentis to the worker or worker’s spouse when the worker or spouse was a minor
How to Prepare for FAMLI — Employer and Employee Steps
Because FAMLI is not yet paying benefits as of the date of this publication (March 2026), the program is currently in the employer registration and preparation phase. Key upcoming dates: (paidleave.maryland.gov/employers/)
- Fall 2026: Employer registration opens at paidleave.maryland.gov — all employers with at least one Maryland employee are required to register. No exceptions.
- January 1, 2027: Contribution period begins; payroll deductions commence.
- April 2027: First quarterly wage and hour reports due to the FAMLI Division.
- January 3, 2028: Benefits become available to eligible employees.
Employers must notify employees of their FAMLI rights. The FAMLI Division will provide sample notice forms. Employers registered in the state plan are automatically enrolled. Employers wishing to use a private plan must apply for approval. The fee for a commercial private plan application ranges from $100–$1,000. (paidleave.maryland.gov/employers/)
Employer Obligations Under FAMLI
- All employers with at least one Maryland employee must comply with FAMLI registration, reporting, and notice requirements.
- Employers with 15 or more employees must contribute the employer portion (up to 50% of the total contribution rate) and may withhold up to 50% of the rate from employee paychecks. (paidleave.maryland.gov/employers/contributions/)
- Employers may not require employees to use or exhaust paid vacation, sick leave, or other paid time off before or while receiving FAMLI benefits; however, employers may require concurrent use of unpaid leave and may require use of “Alternative FAMLI Purpose Leave” (employer-provided parental leave specifically designated for FAMLI-qualifying events).
- All employers — including those with private plans — must submit quarterly wage and hour reports to the FAMLI Division beginning April 2027.
- When FAMLI leave qualifies concurrently as FMLA leave, both run at the same time. (paidleave.maryland.gov/employers/leave-management/)
Maternity, Paternity & Parental Leave in Maryland
How Long Is Maternity Leave in Maryland?
The duration of maternity leave in Maryland depends on which programs apply. Under federal FMLA, eligible employees at covered employers receive up to 12 weeks of unpaid, job-protected leave for childbirth and bonding. Once FAMLI benefits begin (January 3, 2028), eligible employees will additionally receive up to 12 weeks of paid parental bonding leave through the FAMLI program. An employee who also experiences a serious health condition related to pregnancy or childbirth may be eligible for an additional 12 weeks of FAMLI medical leave — bringing the potential total to 24 weeks of FAMLI leave if the employee first takes medical leave for a pregnancy-related condition and then takes parental bonding leave. (paidleave.maryland.gov/about-the-program/)
For workers at employers with 15–49 employees who are not covered by FMLA, Maryland’s Parental Leave Act (MPLA) — Md. Code Ann., Lab. & Empl. §§ 3-1201 et seq., administered by the Maryland Department of Labor (labor.maryland.gov/labor/wages/essguide.shtml) — requires 6 weeks of unpaid parental leave per 12-month period for the birth, adoption, or foster placement of a child. Effective October 1, 2025, Senate Bill 785 (2025 Ch. 296) amended the MPLA definition of “employer” to exclude employers already covered by FMLA, clarifying that the MPLA applies to employers with 15–49 employees. (mgaleg.maryland.gov)
Is Maternity Leave Paid in Maryland?
As of March 2026, maternity leave in Maryland is not yet paid through a state program — FAMLI contributions are beginning January 1, 2027 but benefits do not begin until January 3, 2028. Federal FMLA is unpaid. The Maryland Parental Leave Act is also unpaid. Currently, paid maternity leave in Maryland is available only through employer-provided benefits such as short-term disability insurance, accrued paid sick leave under the MHWFA, or employer PTO policies. Beginning January 3, 2028, FAMLI will provide up to $1,000 per week (with the exact amount based on the employee’s wage relative to Maryland’s SAWW) for up to 12 weeks of parental bonding leave, with potential for 24 weeks combined if a pregnancy-related health condition is also involved. (paidleave.maryland.gov/employees/)
During FMLA leave, employees may use accrued MHWFA sick and safe leave (up to 64 hours of usage in a year) to offset unpaid FMLA time, subject to employer policy. This option does not create paid maternity leave as a matter of state law, but it does allow eligible employees to use accrued leave during the unpaid FMLA period. For information on Maryland minimum wage as it interacts with wage replacement calculations, see Maryland minimum wage.
Paternity Leave and Parental Leave in Maryland
Fathers and non-birthing parents are covered equally under federal FMLA for parental bonding leave (up to 12 weeks unpaid, subject to eligibility). Under the Maryland Parental Leave Act, the 6-week unpaid parental leave entitlement applies to all eligible employees at covered employers (15–49 employees), regardless of gender. (labor.maryland.gov/labor/wages/essguide.shtml)
Once FAMLI benefits begin on January 3, 2028, paternity and parental bonding leave will be covered on the same terms as maternity bonding leave — up to 12 weeks of paid leave at up to $1,000 per week (based on wage calculation), for both birthing and non-birthing parents, within the first year after a child’s birth, adoption, foster placement, or kinship care placement. FAMLI expressly covers children born or placed before benefits begin, provided leave is taken after January 3, 2028 and within the child’s first year. (paidleave.maryland.gov/about-the-program/)
Section 3 above provides full program details on FAMLI eligibility, benefit amounts, and employer obligations. Section 4 below covers FMLA coverage in full.
Federal FMLA in Maryland
The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., applies to eligible Maryland employees at covered employers and provides the current primary federal framework for family and medical leave. Maryland FMLA eligibility and how FMLA interacts with the state’s leave programs are among the most commonly searched employment law topics in the state. For more on federal FMLA protections applicable across all employment relationships, see the federal FMLA guide.
FMLA Coverage and Eligibility
Covered employers: Private employers with 50 or more employees within a 75-mile radius; all public agencies (including state, local, and federal government employers); and public and private elementary and secondary schools regardless of employee count. (dol.gov/agencies/whd/fmla)
Eligible employees must satisfy all three of the following conditions:
- Have worked for the covered employer for at least 12 months
- Have worked at least 1,250 hours during the 12-month period immediately preceding the leave
- Work at a location where the employer has 50 or more employees within 75 miles
Leave entitlement: Up to 12 workweeks of unpaid, job-protected leave within a 12-month period. Up to 26 workweeks for military caregiver leave (care for a covered servicemember with a serious injury or illness).
FMLA leave is unpaid and job-protected. During FMLA leave, employers must maintain the employee’s group health insurance coverage under the same terms and conditions as if the employee had continued working.
Qualifying Reasons Under FMLA
Federal FMLA leave in Maryland may be taken for the following qualifying reasons: (dol.gov/agencies/whd/fmla)
- Birth of a child and care for the newborn within the first year
- Placement of a child with the employee for adoption or foster care within the first year after placement
- Care for the employee’s spouse, child, or parent who has a serious health condition
- The employee’s own serious health condition that makes the employee unable to perform essential job functions
- Qualifying exigency arising from a covered family member’s active duty or call to active duty in the U.S. Armed Forces
- Military caregiver leave (care for a covered servicemember with a serious injury or illness — up to 26 weeks)
Is FMLA Paid or Unpaid in Maryland?
Maryland FMLA leave is unpaid under federal law. However, Maryland has enacted FAMLI, a state paid family and medical leave program that will provide wage replacement benefits once it begins paying benefits on January 3, 2028. When a qualifying event triggers both FMLA and FAMLI, the two leaves run concurrently — taking one does not extend the other. (paidleave.maryland.gov/employers/leave-management/) Employees may also use accrued paid sick and safe leave under the MHWFA during FMLA leave, subject to employer policy and the 64-hour annual usage cap. Employers may not require employees to exhaust MHWFA paid sick leave before receiving FAMLI benefits, but employers may require concurrent use of “Alternative FAMLI Purpose Leave” — employer-provided paid parental leave specifically designated for qualifying events.
Does FMLA Apply to Small Businesses in Maryland?
Federal FMLA applies only to private employers with 50 or more employees within 75 miles. Employers with fewer than 50 employees are not covered by federal FMLA. (dol.gov/agencies/whd/fmla) However, Maryland law provides additional protections for employees at smaller employers:
- Maryland FAMLI: Covers all employers with at least one Maryland employee. All employers must comply with notice and registration requirements; only employers with 15 or more employees must contribute the employer portion of the contribution. Employees at all employer sizes contribute and are eligible for benefits.
- Maryland Parental Leave Act (MPLA): Applies to employers with 15–49 employees, requiring 6 weeks of unpaid parental leave — covering a gap between the MHWFA threshold and FMLA’s 50-employee threshold.
For Maryland minimum wage context relevant to workers at small employers, see Maryland minimum wage.
How Maryland FAMLI Interacts with FMLA
Maryland FAMLI and federal FMLA are distinct programs with important differences: (paidleave.maryland.gov/employers/leave-management/)
| Federal FMLA vs Maryland FAMLI — Key Differences | ||
|---|---|---|
| Feature | Federal FMLA | Maryland FAMLI |
| Pay | Unpaid | Paid (up to $1,000/week) |
| Employer Coverage Threshold | 50+ employees within 75 miles | 1+ Maryland employee (all employers) |
| Employee Eligibility | 12 months + 1,250 hours | 680 hours in 4 prior calendar quarters |
| Maximum Duration | 12 weeks (26 for military caregiver) | Up to 12 weeks (up to 24 weeks in certain circumstances) |
| Family Member Definition | Spouse, child, parent | Broader — includes grandparents, grandchildren, siblings, domestic partners |
| Benefits Begin | Currently active | January 3, 2028 |
| Concurrent Running | Yes — when qualifying event triggers both | Yes — FAMLI runs concurrently with FMLA |
When a qualifying event triggers both FMLA and FAMLI, both leaves run concurrently — FAMLI leave does not extend an employee’s FMLA entitlement. In cases where a qualifying event triggers FAMLI but not FMLA (e.g., an employee who meets FAMLI’s 680-hour threshold but not FMLA’s 1,250-hour threshold, or an employee at an employer with fewer than 50 employees), FAMLI leave may be taken without consuming any FMLA entitlement. (paidleave.maryland.gov/employers/leave-management/)
Source: U.S. Department of Labor — https://www.dol.gov/agencies/whd/fmla
Other Protected Leave Categories in Maryland
Bereavement Leave
Maryland does not mandate paid or unpaid bereavement leave for private employers as of March 2026. Bereavement leave, where provided, is governed by individual employer policy. Maryland state employees are subject to separate state personnel regulations. (labor.maryland.gov/labor/wages/essguide.shtml)
Jury Duty Leave
Maryland prohibits employers from discharging, threatening to discharge, intimidating, or coercing any employee because of the employee’s jury service. Md. Code Ann., Cts. & Jud. Proc. § 8-105. The statute does not require paid jury duty leave; pay during jury service is governed by employer policy and any applicable collective bargaining agreement. (mgaleg.maryland.gov)
Voting Leave
Maryland does not have a statewide law requiring employers to provide paid or unpaid leave specifically for voting. Maryland’s early voting and absentee voting provisions are designed to allow voting outside of work hours in most circumstances. (elections.maryland.gov)
Domestic Violence / Crime Victim Leave
Beyond the domestic violence provisions within the MHWFA (described in Section 2), Maryland provides additional unpaid leave protections for victims of domestic violence, sexual assault, and stalking under the Maryland Code. Covered employees may use sick and safe leave for purposes including medical care, legal proceedings, and safety planning related to domestic violence, sexual assault, or stalking. (labor.maryland.gov/paidleave/paidleavefaqs.shtml)
Military Leave
Maryland employers are subject to the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301–4335, which protects employees who take leave for military service. Maryland also provides additional state-specific military leave protections for members of the Maryland National Guard and state active duty personnel. (labor.maryland.gov/labor/wages/essguide.shtml)
Flexible Leave Act
Maryland’s Flexible Leave Act, Md. Code Ann., Lab. & Empl. § 3-802, requires employers with 15 or more employees to allow employees to use any employer-provided “leave with pay” (sick leave, vacation, or compensatory time) to care for the illness of an immediate family member (child, spouse, or parent). This law is separate from and does not affect FMLA rights. (labor.maryland.gov/labor/wages/essguide.shtml)
Maryland Parental Leave Act
As noted in Section 3B, the Maryland Parental Leave Act (Md. Code Ann., Lab. & Empl. §§ 3-1201 et seq.) requires employers with 15–49 employees to provide up to 6 weeks of unpaid parental leave per 12-month period for birth, adoption, or foster placement. Effective October 1, 2025, SB 785 amended the MPLA definition of “employer” to exclude those covered by FMLA, aligning the MPLA’s scope with the 15–49 employee range. (mgaleg.maryland.gov/2025RS/Chapters_noln/CH_296_sb0785t.pdf)
2026 Updates & Recent Legislative Changes in Maryland
What Changed in Maryland Paid Leave Laws in 2025–2026?
Maryland’s paid leave framework underwent significant legislative activity in 2025, primarily affecting the FAMLI implementation timeline and the Maryland Parental Leave Act. The key changes in chronological order:
HB 102 / 2025 Ch. 363 — FAMLI Implementation Delay (Signed May 6, 2025) The Maryland General Assembly enacted HB 102, the most significant 2025 amendment to the Time to Care Act. (labor.maryland.gov/whatsnews/laborproposesextendingimplementationtimelineforfamli.shtml) Key changes include:
- Contributions now begin January 1, 2027 (previously July 1, 2025 under the 2024 amendment).
- Benefits will begin no earlier than January 3, 2028, with the Secretary of Labor setting the final benefit start date.
- The contribution rate previously set at 0.90% remains the announced initial rate; the Secretary is required to set an updated rate by May 1, 2026 for the January 1, 2027 contribution period.
- The contribution rate cap remains at 1.2% of wages.
- Beginning 2029, FAMLI maximum weekly benefits will be adjusted annually by the Consumer Price Index.
- The concept of an “anchor date” was introduced: the earlier of (1) the date a complete benefit application is submitted or (2) the date leave begins. The anchor date governs average weekly wage calculations and eligibility for benefit increases.
- The “application year” is now defined as the 12-month period beginning on the Sunday of the calendar week in which FAMLI leave begins.
(mgaleg.maryland.gov — 2025 Ch. 363, HB 102)
SB 785 / 2025 Ch. 296 — Maryland Parental Leave Act Amendment (Effective October 1, 2025) Senate Bill 785, signed May 6, 2025, amended the Maryland Parental Leave Act to exclude from the definition of “employer” any employer that is already covered by FMLA (i.e., employers with 50+ employees). This clarification confines the MPLA’s unpaid parental leave mandate to employers with 15–49 employees. (mgaleg.maryland.gov/2025RS/Chapters_noln/CH_296_sb0785t.pdf)
HB 1503 / 2025 Ch. 606 — State Personnel Paid Family and Medical Leave (Effective July 1, 2026) This legislation requires the Maryland Secretary of Budget and Management and the governing body of the University System of Maryland to address paid family and medical leave for state employees. (mgaleg.maryland.gov/2025RS/chapters_noln/Ch_606_hb1503E.pdf)
February 2025 — Maryland Department of Labor Proposed Extension On February 14, 2025, the Maryland Department of Labor proposed extending FAMLI’s implementation timeline, citing federal workforce instability affecting approximately 225,000 Maryland jobs tied to federal contracts and employment. (labor.maryland.gov/whatsnews/laborproposesextendingimplementationtimelineforfamli.shtml) This proposal preceded and led to HB 102’s enactment.
Pending Legislation and FAMLI Regulatory Status
As of March 2026, the FAMLI Division’s proposed regulations — covering general provisions, contributions, equivalent private plans, claims, and dispute resolution — have been issued in proposed form but not yet finalized. The Division has indicated that final regulations will be issued before the January 1, 2027 contribution start date. The updated contribution rate for the 2027 program year must be announced by May 1, 2026.
Legislative status and bill tracking for the 2026 Maryland General Assembly session is available through the Maryland General Assembly website at mgaleg.maryland.gov.
How to File a Paid Leave Complaint in Maryland
Filing a Paid Sick Leave Complaint Under the MHWFA
Complaints alleging violations of the Maryland Healthy Working Families Act are handled by the Maryland Department of Labor, Employment Standards Service. (labor.maryland.gov/paidleave/) Inquiries and complaints may be directed to:
- Email: ssl.assistance@maryland.gov
- Agency: Maryland Department of Labor, Employment Standards Service — labor.maryland.gov
Employees who believe they have been denied earned sick and safe leave or who have experienced retaliation for exercising MHWFA rights may contact the Employment Standards Service to initiate a complaint. The Commissioner of Labor and Industry has oversight of MHWFA matters. Violations may result in civil penalties, payment of unpaid wages, and other damages.
Filing a FAMLI Claim or Appeal
Because FAMLI benefits do not begin until January 3, 2028, the claims portal and appeal process are not yet operational as of March 2026. The FAMLI Division is building a digital claims system and will announce application procedures before the benefit start date. Workers preparing for FAMLI can sign up for program updates at paidleave.maryland.gov. Once benefits begin, claims will be submitted through paidleave.maryland.gov. Proposed regulations issued by the FAMLI Division specify that the first benefit payment must be issued within five business days after approval of a complete claim or the start of leave, whichever is later, with subsequent payments at least biweekly. (paidleave.maryland.gov)
Filing an FMLA Complaint
FMLA complaints are handled by the U.S. Department of Labor, Wage and Hour Division (WHD). Complaints may be filed online or by contacting the nearest WHD district office:
- DOL WHD Complaint Page: https://www.dol.gov/agencies/whd/contact/complaints
- WHD Office Locator: https://www.dol.gov/agencies/whd/contact
The Maryland WHD district offices serve Baltimore and the broader Maryland region. FMLA complaints must generally be filed within two years of the alleged violation (three years for willful violations).
Interstate Considerations for Remote Workers in Maryland
Paid leave laws in Maryland generally apply based on where the employee’s work is localized — where work is physically performed — rather than where the employer is headquartered. Under the MHWFA, the law applies to all employees whose primary work location is in Maryland, regardless of the employer’s state of incorporation or home office location. (labor.maryland.gov/paidleave/) An employee who lives and works exclusively in another state is not entitled to MHWFA leave even if the employer is a Maryland company.
Under FAMLI, work is considered localized in Maryland if the position is covered by Maryland’s unemployment insurance program. An employee who works remotely from Maryland for an employer headquartered in another state is covered by FAMLI; an employee of a Maryland-based employer who works remotely from another state is not. For employees who work in multiple states, localization rules under FAMLI mirror those applied to Maryland unemployment insurance coverage. (paidleave.maryland.gov/about-the-program/) Multi-state employers with Maryland-based remote workers must account for FAMLI contribution obligations and MHWFA sick leave requirements for those employees.
Workers based in Maryland who are employed by companies in states with more generous paid leave programs — such as New York or New Jersey — may be entitled to protections under both the Maryland framework and the other state’s program, depending on where the work is performed and how payroll taxes are remitted. For a full analysis of how remote work arrangements affect state law obligations in Maryland, see the Maryland remote work laws guide.
Frequently Asked Questions — Maryland Paid Leave
How does FMLA work in Maryland?
Federal FMLA provides eligible Maryland employees up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. Covered employers are private employers with 50 or more employees within 75 miles and all public agencies. Eligible employees must have worked for the employer for at least 12 months and at least 1,250 hours in the preceding 12 months. (dol.gov/agencies/whd/fmla)
How long is maternity leave in Maryland?
Under federal FMLA, eligible employees at covered employers receive up to 12 weeks of unpaid, job-protected maternity leave. Once Maryland FAMLI benefits begin on January 3, 2028, eligible employees will also receive up to 12 weeks of paid parental leave, with a potential additional 12 weeks if a pregnancy-related serious health condition precedes the bonding leave. Maryland’s Parental Leave Act provides 6 weeks of unpaid leave for employees at employers with 15–49 employees. (paidleave.maryland.gov/about-the-program/)
Is maternity leave paid or unpaid in Maryland?
As of March 2026, state-mandated paid maternity leave is not yet available in Maryland — FAMLI benefit payments begin January 3, 2028. Currently, paid maternity leave is available only through employer-provided benefits (short-term disability, PTO) or the use of accrued MHWFA sick and safe leave during FMLA. After January 3, 2028, eligible employees will receive up to $1,000 per week for up to 12 weeks under FAMLI. (paidleave.maryland.gov/employees/)
Who is eligible for FMLA in Maryland?
Maryland employees are eligible for FMLA if they work for a covered employer (50+ employees within 75 miles, or a public agency), have been employed for at least 12 months, and have worked at least 1,250 hours in the past 12 months. (dol.gov/agencies/whd/fmla)
Is FMLA leave paid in Maryland?
Federal FMLA leave is unpaid. Maryland’s FAMLI program will provide paid benefits once it launches on January 3, 2028 — up to $1,000 per week for up to 12 weeks. Employees may use accrued MHWFA sick and safe leave (up to 64 hours/year) concurrently with FMLA leave. (paidleave.maryland.gov/employees/)
Does Maryland have paid sick leave?
Yes. The Maryland Healthy Working Families Act requires employers with 15 or more employees to provide paid sick and safe leave, accruing at 1 hour per 30 hours worked, up to 40 hours per year. Employers with 14 or fewer employees must provide unpaid sick and safe leave on the same accrual schedule. The law took effect February 11, 2018. (labor.maryland.gov/paidleave/)
Does Maryland have paid family leave?
Yes. Maryland enacted the FAMLI program under the Time to Care Act of 2022, providing up to 12 weeks of paid leave at up to $1,000 per week for qualifying family and medical reasons. Contributions begin January 1, 2027, and benefits begin January 3, 2028. (paidleave.maryland.gov)
How many sick days are required in Maryland?
Maryland’s MHWFA requires accrual of up to 40 hours (5 days) per year at a rate of 1 hour per 30 hours worked, for employers with 15 or more employees. Employers may allow usage of up to 64 hours (8 days) per year. Employees must work at least 12 hours per week to be eligible and must wait 106 days before first using accrued leave. (labor.maryland.gov/paidleave/paidleavefaqs.shtml)
Does FMLA apply to small businesses in Maryland?
Federal FMLA applies only to private employers with 50 or more employees within 75 miles. Employers with fewer than 50 employees are not covered by FMLA. However, Maryland’s FAMLI program covers all employers with at least one Maryland employee (contributions required from employers with 15+), and the Maryland Parental Leave Act requires 6 weeks of unpaid parental leave from employers with 15–49 employees. (dol.gov/agencies/whd/fmla)
How long is paternity leave in Maryland?
Under federal FMLA, eligible employees at covered employers receive up to 12 weeks of unpaid parental bonding leave, available to both birthing and non-birthing parents. Under FAMLI (benefits beginning January 3, 2028), paternity and non-birthing parent bonding leave is covered on the same terms as maternity leave — up to 12 weeks of paid leave. Under the Maryland Parental Leave Act, 6 weeks of unpaid parental leave is available at employers with 15–49 employees. (paidleave.maryland.gov/about-the-program/)
Can an employer deny paid sick leave in Maryland?
Under the MHWFA, employers with 15 or more employees may not deny or retaliate against employees for requesting or using earned sick and safe leave. Employers may require notice and reasonable documentation (after more than two consecutive shifts), but may not deny leave for qualifying reasons once it is accrued and the 106-day waiting period has been satisfied. (labor.maryland.gov/paidleave/paidleavefaqs.shtml)
Is paid sick leave available to part-time employees in Maryland?
Yes. Part-time employees whose primary work location is in Maryland and who work at least 12 hours per week are entitled to accrue sick and safe leave under the MHWFA. Leave accrues at 1 hour per 30 hours worked; employees must work at least 24 hours in a two-week pay period to accrue leave in that period. (labor.maryland.gov/paidleave/paidleavefaqs.shtml)
Can paid sick leave be used for a family member’s illness in Maryland?
Yes. Maryland MHWFA sick and safe leave may be used to care for a covered family member’s mental or physical illness, injury, or health condition, including taking the family member to medical appointments. Covered family members include children, grandchildren, grandparents, parents, parents-in-law, siblings, spouses, and legal guardians. (labor.maryland.gov/paidleave/paidleavefaqs.shtml)
What happens to unused sick leave if an employee leaves their job in Maryland?
Maryland law does not require employers to pay out unused earned sick and safe leave upon separation from employment. Employers may choose to do so as a matter of policy, but the MHWFA imposes no such obligation. (labor.maryland.gov/paidleave/paidleavefaqs.shtml)
Is there a waiting period before using paid sick leave in Maryland?
Yes. Employees must wait 106 days from their date of hire before using accrued sick and safe leave. Employees hired before the MHWFA’s effective date who had already been employed for at least 106 days were able to use leave as it accrued starting February 11, 2018. (labor.maryland.gov/paidleave/paidleavefaqs.shtml)
How much does Maryland FAMLI pay? What is the maximum weekly benefit?
Maryland FAMLI will pay up to $1,000 per week. Workers earning 65% or less of Maryland’s State Average Weekly Wage (SAWW) receive 90% of their average weekly wage. Workers earning above that threshold receive 90% of 65% of the SAWW plus 50% of wages above that level, subject to the $1,000 maximum. The $1,000 cap is fixed through December 31, 2028. (paidleave.maryland.gov/employees/)
How long is paid family leave in Maryland?
Maryland FAMLI provides up to 12 weeks of paid leave per benefit year for most qualifying events. Employees who take leave for their own serious health condition and subsequently need parental bonding leave may receive up to 24 weeks of total FAMLI leave. Benefits begin January 3, 2028. (paidleave.maryland.gov/about-the-program/)
Who pays for Maryland FAMLI — the employer or the employee?
Maryland FAMLI is funded through contributions from both employers and employees. For employers with 15 or more employees, the initial contribution rate is 0.90% of covered wages, split equally (0.45% each). An updated rate will be set by May 1, 2026. Employers with fewer than 15 employees pay no employer portion but must withhold and remit the 0.45% employee share. (paidleave.maryland.gov/employers/contributions/)
Can Maryland FAMLI and FMLA be taken at the same time?
Yes. When a qualifying event triggers both FAMLI and FMLA, both leaves run concurrently. FAMLI leave does not extend FMLA leave beyond the 12-week entitlement. Employees who qualify for FAMLI but not FMLA (due to employer size or hours worked) may take FAMLI leave without any FMLA time being used. (paidleave.maryland.gov/employers/leave-management/)
Is the job protected during Maryland FAMLI leave?
Yes. Covered employers must restore employees returning from FAMLI leave to the same or an equivalent position. Employers may only terminate an employee during FAMLI leave for cause. Employers must also continue health insurance coverage during FAMLI leave in the same manner as required under FMLA. (paidleave.maryland.gov/about-the-program/)
What is the Maryland FAMLI contribution rate?
The initial contribution rate, announced September 2023, is 0.90% of covered wages up to the Social Security taxable wage base, split equally at 0.45% per employee and 0.45% per employer (for employers with 15+ employees). An updated rate must be announced by May 1, 2026. The contribution rate cap is 1.2% of wages. (paidleave.maryland.gov/employers/contributions/)
How do I apply for Maryland FAMLI benefits?
Applications for Maryland FAMLI benefits will be submitted through the FAMLI Division’s portal at paidleave.maryland.gov. The portal and application process are under development; benefits become available beginning January 3, 2028. Employees should file applications using the anchor date framework (the earlier of when a complete application is submitted or when leave begins). Employers must respond within 5 business days of receiving a claim. The FAMLI Division anticipates releasing detailed application guidance before the contribution period begins on January 1, 2027. (paidleave.maryland.gov)
Can Maryland FAMLI leave be taken intermittently?
Yes. FAMLI leave may be taken on a continuous or intermittent basis. When intermittent leave is taken, the employer and employee should agree on the schedule. Intermittent leave counts against the employee’s 12-week annual entitlement. (paidleave.maryland.gov/employees/)
How long is maternity leave for fathers in Maryland?
Fathers and non-birthing parents are entitled to the same FAMLI parental bonding leave as birthing parents — up to 12 weeks of paid leave at up to $1,000 per week once benefits begin January 3, 2028. Federal FMLA provides 12 weeks of unpaid bonding leave available to both parents. The Maryland Parental Leave Act provides 6 weeks of unpaid leave at employers with 15–49 employees regardless of gender. (paidleave.maryland.gov/about-the-program/)
Sources & Verification Log
| Sources & Verification Log — Maryland Paid Leave Laws | |||
|---|---|---|---|
| Section | Source | URL | Date Verified |
| Paid Sick Leave — All subsections | Maryland Department of Labor, Employment Standards Service | labor.maryland.gov/paidleave | March 2026 |
| Paid Sick Leave — FAQs | Maryland Department of Labor, MHWF Act FAQs | labor.maryland.gov/paidleave/paidleavefaqs.shtml | March 2026 |
| Paid Sick Leave — Model Policies | Maryland Department of Labor Sample Policies | labor.maryland.gov/paidleave/paidleavemodel.shtml | March 2026 |
| FAMLI Program Overview | Maryland FAMLI — About the Program | paidleave.maryland.gov/about-the-program | March 2026 |
| FAMLI Employee Benefits & Eligibility | Maryland FAMLI — Employees | paidleave.maryland.gov/employees | March 2026 |
| FAMLI Employer Obligations | Maryland FAMLI — Employers | paidleave.maryland.gov/employers | March 2026 |
| FAMLI Contribution Rates | Maryland FAMLI Contributions | paidleave.maryland.gov/employers/contributions | March 2026 |
| FAMLI Leave Management / FMLA Interaction | Maryland FAMLI Leave Management | paidleave.maryland.gov/employers/leave-management | March 2026 |
| FAMLI Workers Portal | Maryland FAMLI Workers Portal | paidleave.maryland.gov/workers | March 2026 |
| Initial Contribution Rate Announcement | Maryland Department of Labor | labor.maryland.gov contribution announcement | March 2026 |
| 2025 Delay Proposal | Maryland Department of Labor | labor.maryland.gov delay proposal | March 2026 |
| FAMLI Statute | Time to Care Act, Md. Code Ann., Lab. & Empl. §§8.3-101 et seq. | mgaleg.maryland.gov | March 2026 |
| HB 102 (2025 — FAMLI Delay) | Maryland General Assembly, 2025 Ch. 363 | mgaleg.maryland.gov | March 2026 |
| SB 785 (2025 — MPLA Amendment) | Maryland General Assembly, 2025 Ch. 296 | mgaleg.maryland.gov SB785 | March 2026 |
| Maryland Parental Leave Act | Maryland Department of Labor, Employment Standards Service Guide | labor.maryland.gov ESS Guide | March 2026 |
| Federal FMLA | U.S. Department of Labor, Wage and Hour Division | dol.gov/agencies/whd/fmla | March 2026 |
| FMLA Complaints | U.S. Department of Labor WHD | dol.gov WHD complaints | March 2026 |