Maryland FMLA Guide: Family and Medical Leave Rights (2026)

Quick Answer: The federal Family and Medical Leave Act (FMLA) gives eligible Maryland employees up to 12 weeks of unpaid, job-protected leave per year for qualifying medical and family reasons. Maryland goes further than federal law in several important ways. The Maryland Flexible Leave Act lets you use your accrued paid leave during FMLA. The Maryland Parental Leave Act covers employers with as few as 15 employees. And the Maryland Healthy Working Families Act provides paid sick leave that interacts directly with your FMLA rights.

Understanding how these laws work together can make a significant difference when you need time off for a serious health issue or a major family event.

This guide covers everything Maryland workers need to know about family and medical leave in 2026. For a broader overview of leave rights, visit the Maryland leave laws hub.

Federal FMLA: The Foundation of Your Leave Rights

The Family and Medical Leave Act is a federal law. It applies in every state, including Maryland. Think of it as the baseline floor of protection — Maryland law then builds on top of it.

What FMLA Provides

Under federal FMLA, eligible employees may take:

• Up to 12 weeks of unpaid, job-protected leave per 12-month period
• Up to 26 weeks for military caregiver leave (caring for a seriously ill or injured service member)
• The right to continue group health insurance during leave, under the same terms as if you had not taken leave
• The right to return to the same position or an equivalent position when your leave ends

"Job-protected" means your employer cannot fire you, demote you, or otherwise punish you simply because you took FMLA leave.

FMLA Eligibility Requirements

Not every Maryland employee qualifies for FMLA. You must meet all three of the following requirements:

1. Work for a covered employer. Your employer must have at least 50 employees within a 75-mile radius of your worksite, for at least 20 weeks in the current or previous calendar year. This covers most mid-size and large employers in the Baltimore-Washington corridor and across the state.

2. Have worked long enough. You must have worked for your employer for at least 12 months. These 12 months do not need to be consecutive. If you left a job and were rehired, prior service may count toward this requirement in some situations.

3. Have logged enough hours. You must have worked at least 1,250 hours during the 12 months immediately before your leave begins. That works out to roughly 24 hours per week on average.

If you do not meet all three requirements, you do not qualify for federal FMLA. However, as discussed below, Maryland's Parental Leave Act may still cover you if your employer has fewer employees.

Qualifying Reasons for FMLA Leave in Maryland

You can only take FMLA leave for specific reasons defined by federal law. Using FMLA for a reason that does not qualify can result in the employer denying the leave.

Your Own Serious Health Condition

This is the most common reason employees take FMLA leave. A serious health condition is an illness, injury, impairment, or physical or mental condition that involves:

• Inpatient care (an overnight stay in a hospital, hospice, or residential medical care facility), or
• Continuing treatment by a healthcare provider

Examples include cancer treatment, recovery from major surgery, severe depression requiring ongoing psychiatric care, a heart attack, or a chronic condition like diabetes or asthma that requires periodic flare-up treatment.

A routine doctor's visit, a cold, or minor illness generally does not qualify as a serious health condition under FMLA.

Caring for a Family Member with a Serious Health Condition

You can take FMLA leave to care for a:

• Spouse
• Child (under age 18, or an adult child who is incapable of self-care due to a disability)
• Parent (biological, adoptive, step, or legal guardian — but not in-laws)

The law does not cover siblings, grandparents, grandchildren, or in-laws for standard FMLA purposes, though the military caregiver provision is broader.

Birth, Adoption, or Foster Placement

You may take FMLA leave for:

• The birth of a child and to bond with your newborn
• The placement of a child with you for adoption
• The placement of a foster child in your home

Leave for bonding must be taken within 12 months of the birth, adoption, or placement. Both mothers and fathers are entitled to bonding leave under FMLA.

Military Family Leave

FMLA provides two types of military-related leave:

• Qualifying exigency leave: Up to 12 weeks when a spouse, child, or parent is deployed or called to active duty in the Armed Forces
• Military caregiver leave: Up to 26 weeks to care for a covered service member or veteran with a serious injury or illness

Maryland's Flexible Leave Act: Using Paid Leave During FMLA

One of the most practical Maryland-specific protections is the Maryland Flexible Leave Act (MFLA), found at Maryland Code, Labor and Employment Article, § 3-802.

Federal FMLA leave is unpaid by default. Maryland law changes that dynamic. Under the Flexible Leave Act, if your employer provides paid leave — including sick leave, vacation, personal days, or other paid time off — you have the right to use that paid leave during your FMLA period.

This applies to employers with 15 or more employees.

Why This Matters

Under federal law, your employer can require you to use accrued paid leave concurrently with FMLA, but employees have limited ability to insist on using it themselves. Maryland's Flexible Leave Act gives employees more control. You are not required to deplete your paid leave during FMLA if you prefer not to, but you have the right to use it if you want.

For example, if you have three weeks of accrued vacation and need to take eight weeks of FMLA leave for surgery and recovery, you can elect to use those three weeks of paid vacation during your FMLA leave. That means three of your eight weeks are paid.

Conditions and Limitations

• The leave must still be for a reason that qualifies for FMLA
• Your employer can set reasonable procedures for requesting and using paid leave
• Using paid leave does not extend your total FMLA entitlement beyond 12 weeks — it simply converts some of your unpaid FMLA weeks to paid time

Maryland Parental Leave Act: Protections for Smaller Employers

Federal FMLA only covers employers with 50 or more employees. This leaves a significant gap for workers at smaller Maryland businesses. The Maryland Parental Leave Act (MPLA), codified at Maryland Code, Labor and Employment Article, § 3-1201 et seq., fills part of that gap.

Who It Covers

The Maryland Parental Leave Act applies to employers with 15 to 49 employees located in Maryland. Employees of these smaller businesses are not covered by federal FMLA, but they may have parental leave rights under state law.

To be eligible as an employee, you must:

• Have worked for the employer for at least 12 months
• Have worked at least 1,250 hours in the 12 months before the leave

What the Maryland Parental Leave Act Provides

If you qualify, you are entitled to up to six weeks of unpaid, job-protected leave for the following reasons:

• Birth of your child
• Adoption of a child
• Foster care placement of a child

This leave must be taken within 12 months of the qualifying event.

Like FMLA, the MPLA requires your employer to restore you to the same or an equivalent position when you return. Your employer cannot fire, demote, or penalize you for taking MPLA leave.

Key Differences from Federal FMLA

If you work for an employer with 50 or more employees, you are covered by federal FMLA rather than the MPLA. The two laws do not stack.

Maryland Healthy Working Families Act: Paid Sick Leave

The Maryland Healthy Working Families Act (MHWFA), effective since 2018, requires many Maryland employers to provide paid or unpaid sick and safe leave. This law interacts directly with FMLA in practical ways.

How It Works

• Employers with 15 or more employees must provide paid earned sick and safe leave
• Employers with 14 or fewer employees must provide unpaid earned sick and safe leave
• Employees earn one hour of sick leave for every 30 hours worked, up to 40 hours per year
• Unused leave may carry over, up to 64 hours

Qualifying Uses of Maryland Sick Leave

Under the MHWFA, employees can use accrued leave for:

• Their own mental or physical illness, injury, or condition
• Preventive care
• Care for a family member's illness or preventive care
• Absences related to domestic violence, sexual assault, or stalking

Interaction with FMLA

When your absence qualifies under both the MHWFA and FMLA, your employer may require you to use your accrued MHWFA sick leave concurrently with your FMLA leave. Combined with the Maryland Flexible Leave Act, Maryland employees have multiple sources of paid time that may apply during FMLA leave.

The practical result: a Maryland employee taking FMLA leave for their own serious health condition may be able to use a combination of accrued sick leave (under the MHWFA) and other paid leave (under the Flexible Leave Act) to receive some income during what federal law makes an unpaid leave period.

Notice Requirements: What You Must Tell Your Employer

Both you and your employer have notice obligations under FMLA.

Employee Notice Requirements

When leave is foreseeable (planned surgery, scheduled medical treatment, expected birth or adoption):

• You must give at least 30 days' advance notice when possible
• If 30 days is not possible, notify your employer as soon as you reasonably can

When leave is not foreseeable (unexpected hospitalization, sudden serious illness):

• Notify your employer as soon as practicable — generally the same business day or the next business day
• Follow your employer's normal call-in procedures if there is no emergency preventing you from doing so

You do not need to use the words "FMLA" when requesting leave. But you do need to give enough information for your employer to reasonably determine the absence may qualify for FMLA leave.

Employer Notice Requirements

Once your employer has enough information to recognize your leave may be FMLA-qualifying, they have their own deadlines:

• Eligibility notice: Your employer must notify you within five business days whether you are eligible for FMLA
• Rights and responsibilities notice: Your employer must explain your rights and obligations under FMLA
• Designation notice: Your employer must notify you within five business days of having enough information to designate leave as FMLA leave

If your employer fails to provide proper notice, it can affect their ability to count your leave against your FMLA entitlement.

Medical Certification

Your employer has the right to request a medical certification completed by your healthcare provider. This document confirms that your condition (or a family member's condition) qualifies as a serious health condition under FMLA.

How the Process Works

1. Your employer requests certification in writing
2. You have 15 calendar days to return the completed certification
3. If your certification is incomplete, your employer must give you seven days to fix it
4. Your employer may contact your healthcare provider's office to verify the certification (but not to get additional information)

Second and Third Opinions

If your employer doubts the validity of your certification, they may:

• Require a second opinion from a healthcare provider of their choice (the employer pays for this)
• If the first and second opinions conflict, require a third opinion from a mutually agreed-upon provider (employer pays; this opinion is final and binding)

Recertification

Your employer may request recertification of your serious health condition every 30 days in connection with an absence. In some circumstances — such as a change in your condition or a pattern of suspicious absences — they may request recertification sooner.

Your Rights When You Return from Leave

Job protection is one of FMLA's most important features. When your FMLA leave ends, your employer must:

• Restore you to your original position, or
• Place you in an equivalent position with equivalent pay, benefits, working hours, and other terms of employment

An equivalent position does not have to be the identical job, but it must be virtually identical to your prior job in all material respects.

Fitness-for-Duty Certification

If you took FMLA leave for your own serious health condition, your employer may require a fitness-for-duty certification from your healthcare provider before allowing you to return to work. Your employer must notify you of this requirement before your leave begins.

When Restoration Can Be Denied

In rare situations, a "key employee" — defined as a salaried employee in the top 10% of pay within a 75-mile radius of the worksite — can be denied restoration if their absence would cause substantial and grievous economic injury to the employer. This exception is narrow and employers must notify the employee of this status before denying restoration.

Retaliation Protections: What Your Employer Cannot Do

Retaliation for exercising FMLA rights is illegal. Your employer cannot:

• Fire or lay you off because you took FMLA leave
• Demote you or reduce your pay after your leave
• Cut your hours in response to your leave
• Pass you over for promotion because you took FMLA leave
• Count FMLA absences against you in attendance policies (using FMLA leave as a factor in a termination decision is prohibited)
• Discourage you from requesting or using FMLA leave
• Discipline you for properly exercising FMLA rights

If you were fired within a few months of returning from FMLA leave, or if your employer suddenly changed your role, pay, or schedule after your leave, this timing can be evidence of retaliation. Maryland employees who experience retaliation can file a complaint with the U.S. Department of Labor's Wage and Hour Division or pursue a private lawsuit.

For broader retaliation protections in Maryland, see our guide to Maryland workplace discrimination.

How to Enforce Your FMLA Rights

If you believe your employer has violated your FMLA rights — by denying leave, failing to restore your position, or retaliating against you — you have two main enforcement options.

File a Complaint with the Department of Labor

Contact the Wage and Hour Division (WHD) of the U.S. Department of Labor:

• Phone: 1-866-487-9243
• Website: dol.gov/agencies/whd/fmla
• The WHD investigates FMLA violations and can pursue remedies on your behalf at no cost to you

There is generally a two-year statute of limitations for filing an FMLA complaint, extended to three years if the violation was willful.

File a Private Lawsuit

You can also sue your employer directly in federal court. Remedies available in a successful FMLA lawsuit include:

• Lost wages and benefits
• Compensation for other financial harm caused by the violation
• Reinstatement to your position
• Promotion (if wrongly denied)
• Attorney's fees and court costs

The same two- or three-year limitations period applies to private lawsuits.

Frequently Asked Questions

Does Maryland have its own version of FMLA?

Maryland does not have a law that directly mirrors or expands federal FMLA. However, Maryland has three related laws: the Flexible Leave Act (which allows use of paid leave during FMLA), the Parental Leave Act (which covers smaller employers for parental leave), and the Healthy Working Families Act (which provides paid sick leave that can run alongside FMLA).

Can I use my vacation or sick time during FMLA leave in Maryland?

Yes. Under the Maryland Flexible Leave Act, employees have the right to elect to use accrued paid leave — including vacation, sick days, and personal time — during FMLA leave. Your employer may also require you to use accrued paid leave concurrently with FMLA in some cases.

My employer has only 30 employees. Do I have any leave rights?

Federal FMLA does not apply. However, if your leave is for the birth, adoption, or foster placement of a child, the Maryland Parental Leave Act may give you up to six weeks of unpaid, job-protected leave. You must have worked for the employer for 12 months and 1,250 hours to qualify.

Can I be fired for taking FMLA leave?

No. Terminating an employee because they took FMLA leave is illegal retaliation. If you were fired after returning from leave or during leave without a legitimate independent reason, you may have a strong FMLA retaliation claim. See our overview of Maryland employment law for related protections.

What happens if my employer never told me about FMLA?

Employers are required to post FMLA notices and provide written notice of your rights when you request leave or when your employer becomes aware your absence may qualify. Failure to provide proper notice can limit the employer's ability to count your leave against your FMLA entitlement and may strengthen a retaliation claim.

Does FMLA protect me if I need to care for a sibling or grandparent?

No. Federal FMLA only covers leave to care for a spouse, child, or parent. It does not extend to siblings, grandparents, in-laws, or domestic partners (unless state law provides broader coverage, which Maryland does not for FMLA purposes).

Related Topics

• Maryland Leave Laws — Overview of all leave protections in Maryland, including sick leave, parental leave, and time-off rights
• Maryland Employment Law — A complete guide to Maryland worker protections across all major topics
• Maryland Workplace Discrimination — How Maryland law protects employees from discrimination, including leave-related discrimination

Get Help with Your FMLA Rights

Navigating FMLA can be complicated, especially when Maryland state law adds layers on top of federal requirements. If your employer denied your leave request, failed to restore your position, or retaliated against you for taking leave, you may have legal options.

An employment attorney can review your situation, help you understand which laws apply to you, and advise you on the best path forward. Most employment attorneys offer free initial consultations.

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 Maryland. Employment Law Aid is not a law firm and does not provide legal representation.

Official Resources:

• U.S. Department of Labor, Wage and Hour Division (FMLA): dol.gov/agencies/whd/fmla | 1-866-487-9243
• Maryland Department of Labor: labor.maryland.gov