Quick Answer
Overview of Maryland leave laws including the Healthy Working Families Act (paid sick leave), FMLA, parental leave, military leave, and voting leave.
Maryland leave laws give workers meaningful protections for illness, family care, parental bonding, and civic duties. The state's landmark Healthy Working Families Act requires most employers to provide paid sick and safe leave. Federal FMLA adds job-protected leave for serious medical needs. And several smaller laws fill gaps that neither covers.
This guide explains every major Maryland leave law, who qualifies, and what your employer must do. If you believe your employer has denied or interfered with your leave rights, see the Maryland Employment Law overview for a broader look at your options.
Quick Reference: Maryland Leave Laws at a Glance
| Leave Type | Duration | Paid? | Employer Threshold |
|---|---|---|---|
| Healthy Working Families Act (sick/safe leave) | Up to 40 hours/year | Yes (15+ employees) | All employers (unpaid if fewer than 15) |
| Federal FMLA | 12 weeks | No | 50+ employees |
| Maryland Parental Leave Act | 6 weeks | No | 15–49 employees |
| Flexible Leave Act | Existing sick leave balance | Depends on employer policy | 15+ employees |
| Military Leave (USERRA + state) | Duration of service | Partial (state employees) | All employers |
| Jury Duty Leave | Duration of service | No (state law) | All employers |
| Voting Leave | No state mandate | N/A | N/A |
Maryland Healthy Working Families Act: Paid Sick and Safe Leave
The Healthy Working Families Act (HWFA), codified at Maryland Code, Labor and Employment § 3-1301 et seq., is the most significant state-level leave protection for Maryland workers.
Who Is Covered
Every employer in Maryland must provide sick and safe leave. The key distinction is whether that leave is paid or unpaid:
- Employers with 15 or more employees: Must provide paid sick and safe leave
- Employers with fewer than 15 employees: Must provide unpaid sick and safe leave
Employees begin accruing leave once they start work. You earn 1 hour of leave for every 30 hours worked, up to a maximum of 40 hours per year.
Who Does Not Qualify
The HWFA exempts certain workers:
- Independent contractors
- Employees who regularly work fewer than 12 hours per week
- Employees under 18 years old
- Agricultural workers exempt under federal law
- Certain construction employees covered by a collective bargaining agreement
What You Can Use Sick and Safe Leave For
The HWFA covers both health-related and safety-related needs. You can use accrued leave for:
- Your own physical or mental illness, injury, or medical condition
- Preventive medical care for yourself
- Care for a family member's illness, injury, or medical condition
- Preventive medical care for a family member
- Maternity or paternity leave
- Leave related to domestic violence, sexual assault, stalking, or human trafficking — for you or a family member
Covered family members include a child, parent, spouse, grandparent, grandchild, or sibling (including step-relationships and those in a legal guardianship).
Carryover and Caps
Unused leave carries over to the next year, but employers may cap the total accrued balance at 64 hours. Even with carryover, you can only use up to 40 hours per year unless your employer offers a more generous policy.
Employer Obligations Under the HWFA
Employers must:
- Provide written notice of leave rights to employees at hire and annually
- Track leave accrual in writing
- Not retaliate against employees who request or use sick and safe leave
- Allow leave in the smallest increment the employer's payroll system uses (at minimum, one-hour increments)
Source: Maryland Department of Labor — Healthy Working Families Act
Federal FMLA in Maryland
The federal Family and Medical Leave Act (FMLA) applies to Maryland employers just as it does nationwide. It provides 12 weeks of unpaid, job-protected leave per year for qualifying reasons.
Employer and Employee Eligibility
To be covered by FMLA in Maryland, both you and your employer must meet federal thresholds:
Employer: Must have 50 or more employees within 75 miles of your worksite.
Employee: Must have:
- Worked for the employer for at least 12 months
- Worked at least 1,250 hours in the past 12 months
Qualifying Reasons for FMLA Leave
You can take FMLA leave for:
- Your own serious health condition that prevents you from performing your job
- Care for a spouse, child, or parent with a serious health condition
- Birth and bonding with a newborn child (within 12 months of birth)
- Adoption or foster placement of a child (within 12 months of placement)
- Qualifying military exigency related to a family member's service
Military Caregiver Leave: If a family member is a covered servicemember with a serious injury or illness, FMLA provides up to 26 weeks in a single 12-month period.
FMLA and the HWFA Together
These two laws work side by side. If you have accrued HWFA sick leave and you take FMLA leave, your employer can require you to use your accrued sick leave at the same time. This doesn't extend the total leave period, but it means some of your FMLA leave may be paid.
Source: U.S. Department of Labor — FMLA
Maryland Parental Leave Act: Filling the FMLA Gap
The Maryland Parental Leave Act (MPLA) addresses a gap in federal law. FMLA only covers employers with 50 or more employees. Workers at smaller businesses are left without job-protected leave for a new child.
The MPLA fills that gap for mid-sized employers.
Who the MPLA Covers
The MPLA applies to employers with 15 to 49 employees. If your employer has 50 or more, FMLA applies instead.
Eligible employees must:
- Have worked for the employer for at least 12 months
- Have worked at least 25 hours per week on average during those 12 months
Leave Duration and Terms
Covered employees may take up to 6 weeks of unpaid, job-protected leave within 12 months of a child's birth, adoption, or foster placement.
Your employer must return you to the same or an equivalent position when you come back. They cannot reduce your pay, benefits, or seniority because you took parental leave.
Maryland Flexible Leave Act
The Maryland Flexible Leave Act (MFLA) gives employees the right to use their employer-provided leave — such as sick, vacation, or personal time — to care for an immediate family member's illness.
How It Works
The MFLA does not require employers to offer any particular type of leave. It applies only if an employer already provides paid leave. Once that leave exists, the employer cannot prohibit you from using it to care for:
- A child
- A spouse
- A parent
Coverage Threshold
The MFLA applies to employers with 15 or more employees. It does not create a new bucket of leave time. It simply requires that existing paid leave be available for family care purposes.
This law complements both HWFA and FMLA. If you need to care for a sick family member, you may have overlapping protections under all three.
Military Leave in Maryland
Maryland workers who serve in the military receive protections under both federal and state law.
USERRA: Federal Baseline
The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies nationwide. It protects employees who leave their jobs for military service. Key protections include:
- Your job must be held for you during service
- You are entitled to reemployment in the same position (or comparable) upon return
- Employer cannot discriminate in hiring, promotion, or any benefit because of military service
- You may continue employer-sponsored health insurance for up to 24 months during service
Maryland Additional Protections
Maryland provides supplemental pay to state employees called to active duty. Private-sector employees rely primarily on USERRA. However, Maryland law prohibits all employers from discriminating against employees because of their military status under the Maryland Code, State Personnel and Pensions § 38-101 et seq.
Employers cannot require you to use accrued vacation time during military leave, though you may choose to do so voluntarily.
Source: U.S. Department of Labor — USERRA
Jury Duty Leave in Maryland
Maryland law prohibits employers from penalizing an employee for serving on a jury. This protection applies to employers of all sizes.
What Maryland Law Requires
Under Maryland Code, Courts and Judicial Proceedings § 8-105, employers must:
- Allow employees to take time off for jury service
- Not discharge, threaten, or otherwise penalize an employee for jury service
- Not require employees to use vacation or paid time off for jury service
Pay During Jury Duty
Maryland law does not require employers to pay regular wages during jury service. Courts pay jurors a nominal daily fee. Many employers choose to pay full wages during jury duty as a matter of policy, but this is not legally required under state law.
If your employer fires you or demotes you because you served on a jury, you may have a legal claim under Maryland law.
Voting Leave in Maryland
Maryland does not have a state law requiring employers to provide paid or unpaid leave specifically for voting. However, Maryland offers early voting for eight days before Election Day and same-day voter registration, which reduces the need for workplace voting leave policies.
If your work schedule makes it impossible to vote during regular hours, check whether your polling location offers extended hours or whether you qualify for absentee or mail-in voting.
Some Maryland employers voluntarily provide voting time as a workplace benefit. Review your employee handbook for any such policy.
What Happens If Your Employer Denies Leave
Leave denial or retaliation for taking leave is illegal under each of the laws discussed above. Here is what you can do if your rights are violated.
Document the Denial
Get the denial in writing if possible. If it was verbal, send a follow-up email that same day:
"This confirms our conversation today. You indicated that my request for [leave type] beginning [date] has been denied because [reason stated]."
Identify the Applicable Law
Determine which law covers your situation. HWFA complaints go to the Maryland Department of Labor. FMLA complaints go to the U.S. Department of Labor's Wage and Hour Division. USERRA complaints go to the U.S. Department of Labor or the Department of Justice.
File a Complaint
- HWFA violations: File with the Maryland Department of Labor, Licensing and Regulation
- FMLA violations: File with the U.S. Department of Labor Wage and Hour Division
- USERRA violations: File with the U.S. Department of Labor Veterans' Employment and Training Service
Consult an Employment Attorney
Many employment attorneys in Maryland offer free consultations. If you were fired or demoted for taking protected leave, you may be entitled to back pay, reinstatement, and additional damages. Time limits on filing claims are strict, so do not delay.
Frequently Asked Questions
Does the Healthy Working Families Act apply to part-time employees?
Yes, as long as the employee regularly works 12 or more hours per week. Part-time employees accrue leave at the same rate — 1 hour for every 30 hours worked — but may accumulate leave more slowly than full-time workers.
Can I use Maryland paid sick leave for a mental health appointment?
Yes. The HWFA explicitly covers mental illness and mental health conditions. A scheduled appointment with a therapist, psychiatrist, or counselor qualifies just as a physical health appointment does.
What if my employer has no paid sick leave policy at all?
If your employer has 15 or more employees, they are required by law to provide paid sick leave under the HWFA. Failure to do so is a violation you can report to the Maryland Department of Labor. If your employer has fewer than 15 employees, they must still provide unpaid sick leave.
Can my employer fire me for taking FMLA leave in Maryland?
No. FMLA prohibits employers from retaliating against employees who request or take qualifying leave. If you are fired within a short time after returning from FMLA leave, that timing may be evidence of illegal retaliation. See our guide to leave law violations and retaliation for more detail.
Does Maryland require employers to pay out unused sick leave when I leave the job?
No. Maryland law does not require employers to pay out accrued HWFA sick leave upon separation. Some employers do so voluntarily, but it is not legally required. This is different from some states that treat accrued paid leave as earned wages.
Maryland Leave Law Topics
Use these guides to explore specific leave rights in more detail:
Sick and Safe Leave
- Maryland Healthy Working Families Act Explained
- Using Sick Leave for Family Care in Maryland
- Maryland Paid Sick Leave for Part-Time Employees
Family and Medical Leave
- FMLA in Maryland: Eligibility and How to Apply
- Maryland Parental Leave Act: Small Employer Guide
- FMLA Retaliation in Maryland
Other Leave Types
Related Maryland Employment Law Topics
- If your leave request was denied because of a disability, see Workplace Discrimination in Maryland
- If you were fired after requesting or returning from leave, see Wrongful Termination in Maryland
- For federal-level leave law context, see our national guide to Leave Laws
Back to: Maryland Employment Law
Legal Disclaimer
The information on this page is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, consult a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation.
Sources: Maryland Department of Labor; U.S. Department of Labor Wage and Hour Division; Maryland Code, Labor and Employment § 3-1301 et seq.; 29 U.S.C. § 2601 et seq. (FMLA); 38 U.S.C. § 4301 et seq. (USERRA); Maryland Code, Courts and Judicial Proceedings § 8-105
If you believe your employer has violated your leave rights, do not wait. Time limits apply to every type of claim discussed on this page. A free consultation with a Maryland employment attorney can help you understand whether your situation warrants legal action.
Not sure if your situation qualifies? Get a free, confidential case review from an employment law expert.