Maryland Leave of Absence (FMLA) laws & HR compliance analysis

Maryland Leave of Absence (FMLA): What you need to know

In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness.
Maryland has such a law; however, it applies only to family leave, not medical leave.
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The Maryland Parental Leave Act (MD Code Lab. and Empl. Sec. 3-1201 et seq.) guarantees eligible employees 6 workweeks of unpaid parental leave during any 12-month period for the birth of the employee’s child or the placement of a child with the employee for adoption or foster care.
The Maryland law is similar to the federal FMLA except that it covers smaller employers and applies only to family leave, not medical leave.
Coverage. The law applies to private employers that employ at least 15 but not more than 49 employees in Maryland for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. State and local government employers are not covered by the law.
Employee eligibility. In order to be eligible for the parental leave, the employee must have been employed by the employer for at least a 12-month period and have worked 1,250 hours during the previous 12 months. The employee must also be employed at a worksite at which at least 15 employees work within a 75-mile radius. Independent contractors are not eligible for leave under the law.
Notice. Employees must give at least 30 days' notice of the need for parental leave. However, no notice is required in the case of a premature birth or an unexpected adoption or placement for foster care.
Denying leave. An ...

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