Here’s the article — fully researched and written to your exact specs. A few highlights on what’s covered:
- Federal FMLA basics (eligibility, qualifying reasons, how to apply)
- Maryland’s Parental Leave Act and the October 2025 update
- The upcoming FAMLI paid leave program (delayed to 2027/2028)
- Anti-retaliation protections and what to do if your employer pushes back
- 5 FAQs and authoritative references
The piece comes in right around 1,900 words at an accessible reading level, with conversational transitions, micro-reactions, and messenger-style lines woven throughout naturally.
FMLA Laws in Maryland (2026): Your Rights, Your Leave, Your Job
Most people don’t find out about their leave rights until they actually need them. By then, it’s stressful. It’s urgent. And the last thing you want is to be confused about what the law says. So let’s get ahead of it. Here’s everything you need to know about FMLA and family leave laws in Maryland right now.
What Is FMLA?
FMLA stands for the Family and Medical Leave Act. It’s a federal law, enacted in 1993, that gives eligible employees the right to take unpaid, job-protected leave for specific family and medical reasons. That last part matters a lot. Job-protected means your employer has to hold your position. You can’t be fired just for taking leave you’re entitled to.
During FMLA leave, your employer must also maintain your health insurance coverage as if you were still working. Pretty important if you’re dealing with a medical issue and need your benefits active.
Think of FMLA like a safety net. It doesn’t pay your bills while you’re out. But it makes sure you still have a job and health coverage waiting for you when you come back.
Does FMLA Apply to You?
Okay, this is the part most people skip. And honestly, it’s the most important part. Not everyone qualifies.
To be eligible for FMLA, you must have worked at least 1,250 hours over the previous 12 months. Your employer must also employ 50 or more employees. There’s one more piece. Those employees must have worked each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.
So to break that down simply: you need to have worked enough hours, long enough, at a big enough company. All three boxes need to be checked.
NOTE: If you work at a worksite with fewer than 50 employees, and the total number of employees employed by your employer within 75 miles of your worksite is also fewer than 50, you may not be eligible for FMLA.
Confused about the difference between eligible and covered? You’re not alone. Think of “covered” as whether the law applies to your employer. Think of “eligible” as whether you personally qualify. Both need to be true.
What Reasons Qualify for FMLA Leave?
Stay with me here. This list is important.
You can take up to 12 work weeks of leave during any 12-month period for the birth of your child and your need to provide care for that child (must be taken within 12 months of birth), placement of an adopted or foster child with you (must be taken within 12 months of placement), to care for a spouse, son, daughter, or parent with a serious health condition, or if you have a serious health condition that makes you unable to perform your job duties.
There’s also a military leave option. FMLA provides up to 26 weeks for Military Caregiver Leave in a twelve-month period. That’s double the standard amount. So if you’re caring for a servicemember, you may qualify for extra time.
A “serious health condition” isn’t just a bad cold. The term includes an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility. Ongoing conditions that require continuing treatment also count.
How Much Notice Do You Need to Give?
Here’s where things get practical.
If you are taking FMLA leave for an expected birth or placement of a foster child and know the expected due or placement date, you should provide your employer with at least 30 days’ advance notice. Same rule applies for planned medical treatment.
But life doesn’t always give you 30 days. If your leave is unexpected, you should give your employer as much notice as possible. That’s a reasonable standard. Document everything you can, just in case.
“Okay, this one’s important.” Put your FMLA request in writing whenever you can. Even a simple email creates a paper trail. That protects you.
Maryland’s Parental Leave Act: A State-Level Layer
Here’s where Maryland adds something on top of federal FMLA. It’s called the Maryland Parental Leave Act, or PLA. And it got updated in 2025.
The Maryland Parental Leave Act applies to businesses that employ at least 15 and not more than 49 employees within the state for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Covered employers must provide eligible workers up to six weeks of unpaid leave for childbirth, adoption, or foster care placement.
So if your employer is smaller than the 50-employee FMLA threshold but still has at least 15 employees, the state law might cover you instead. Six weeks isn’t 12, but it’s something.
Wait, there’s a new wrinkle. Starting October 1, 2025, Maryland employers who are covered by the federal FMLA are no longer required to comply with the state’s unpaid parental leave law. The idea is to avoid having employers follow two overlapping laws at once.
Why does this matter to you? If your employer has 50 or more employees and other FMLA thresholds are met, you’re likely under FMLA, not the PLA. If your employer has 15 to 49 employees, the PLA may still apply and could give you up to six weeks of unpaid parental leave.
Maryland’s Paid Leave Program: Coming Soon (But Not Yet)
Okay, here’s the exciting part. And also the frustrating part. Maryland is building a brand new paid family leave program. It’s called FAMLI, which stands for Family and Medical Leave Insurance.
The bad news? It’s been delayed. Multiple times.
On May 6, 2025, Maryland Governor Wes Moore signed HB 102, delaying the start date of Maryland’s FAMLI program. Maryland employers and employees will now begin making contributions to the insurance program on January 1, 2027.
The program will replace up to 90% of average weekly wages, subject to a $50 minimum and $1,000 maximum weekly benefit, adjusted annually thereafter.
So basically, when FAMLI finally launches, it’s going to pay you while you’re on leave. That’s a big deal. Right now, FMLA gives you time off but no paycheck. FAMLI will change that.
The FAMLI program covers caring for a child during the first year after birth or placement through foster care, kinship care, or adoption; caring for yourself if you have a serious health condition; caring for a family member’s serious health condition; and making arrangements for a family member’s military deployment.
Contributions cannot exceed 1.2% of wages and will begin January 1, 2027. Starting no later than January 3, 2028, covered employees may take up to 12 weeks of leave in a rolling 12-month period, with another 12 weeks possible for employees who experience a serious health condition and need to bond with a new child.
To qualify for FAMLI benefits, you must have worked at least 680 hours in Maryland over the four most recently completed quarters. That’s a lower bar than federal FMLA’s 1,250 hours. More workers will likely qualify.
How FMLA and FAMLI Work Together
Wondering how these two programs interact? Good question.
FAMLI leave will run concurrently with FMLA leave. If an employee takes leave under FMLA for a reason that would also qualify for FAMLI leave but does not apply for FAMLI benefits, the amount of FAMLI leave available to the employee may be reduced by the amount of FMLA leave taken.
In plain English: you can’t double up. Taking 12 weeks under FMLA doesn’t give you another 12 under FAMLI on top of it. The clock runs at the same time.
Also worth knowing: a covered individual cannot be required to use or exhaust paid vacation, sick leave, or other employer-provided paid leave before or while receiving FAMLI benefits. However, a covered individual and employer may agree to use paid time off concurrently with FAMLI to replace wages up to 100% of the employee’s average weekly wage.
Basically, your employer can’t force you to burn through your vacation days before using FAMLI. But if you want to stack PTO on top to hit your full paycheck, you can work that out with your employer.
Anti-Retaliation: Your Boss Can’t Punish You for This
Hold on, this part is important. Seriously.
Employers are prohibited from retaliating against employees for taking FMLA leave. They also can’t interfere with your FMLA rights or deny them without proper cause.
The same protection applies to the upcoming FAMLI program. The Act contains an anti-retaliation provision prohibiting an employer from taking any adverse action against any employee because the employee applied for or received FAMLI benefits, took family or medical leave for which FAMLI benefits may be paid, or inquired about the rights and responsibilities under the Act.
The Act provides that employers may only terminate an employee on such leave “for cause.” That’s a strong protection. You can’t just be let go because you took time off to have a baby or recover from surgery.
If you’re being pushed back on at work for requesting leave, document it. Keep records of emails, dates, and conversations. Then talk to an employment lawyer.
What Happens to Your Health Insurance While You’re Out?
When you are out on eligible leave, your employer must maintain your coverage under the employer’s group health plan as if you were not out on leave. That’s the law.
The same rule carries over to FAMLI. Employers must continue a covered individual’s health benefits in the same manner as required by federal FMLA.
Pretty straightforward. Your health insurance doesn’t pause just because you’re on leave.
How to Apply for FMLA Leave in Maryland
You’re gonna love how simple this part is.
Start by determining your eligibility: you must work at a location with 50 or more employees within a 75-mile radius and be employed for at least 12 months by a covered employer. Then identify your qualifying reason for leave, such as personal health issues, family member care, birth or adoption of a child, or military exigencies.
Next, notify your employer. Notify your employer in writing or verbally of your need for FMLA leave. While immediate notice is not always possible, FMLA generally requires 30 days’ advance notice.
After that, complete any paperwork your employer gives you. All forms can be downloaded from the Department of Labor’s website, including the Certification of Health Care Provider for an Employee’s Serious Health Condition (Form WH-380-E) and the Certification of Health Care Provider for a Family Member’s Serious Health Condition (Form WH-380-F).
Also, employers have posting obligations. Employers must provide written notice of employees’ rights and duties to each employee at the time of hire and to all employees annually. If you’ve never seen this notice, ask your HR department.
Frequently Asked Questions
Can I take FMLA leave in smaller chunks instead of all at once? Yes. Employees may take leave in full day or intermittent increments of no less than 4 hours. This is called intermittent leave and is especially useful for ongoing medical treatment.
Does FMLA apply if my employer has fewer than 50 employees? Not at the federal level. But if your Maryland employer has 15 to 49 employees, the Maryland Parental Leave Act may apply and requires up to six weeks of unpaid parental leave.
Will Maryland’s FAMLI program pay me during my leave? Yes, once it launches. The program will replace up to 90% of average weekly wages, with a maximum of $1,000 per week, starting no later than January 3, 2028.
Can my employer fire me while I’m on FMLA leave? Employers may only terminate an employee on such leave “for cause” and must follow narrow conditions before denying restoration rights. Being on leave alone is not a valid reason to let you go.
What if I work for the government or a public school? Public agencies are considered employers under FMLA, so federal and state government workers and school employees are generally covered by the law.
Final Thoughts
Now you know the landscape. FMLA gives you up to 12 weeks of unpaid, job-protected leave right now. Maryland’s Parental Leave Act adds a layer if you work for a smaller employer. And FAMLI, the paid leave program Maryland is building, will eventually give you wage replacement too. It’s just not live yet.
The laws here are actually pretty strong. Your job is protected. Your health insurance has to stay active. And your employer cannot legally punish you for using leave you’re entitled to.
When in doubt, put things in writing, know your rights, and don’t hesitate to contact a Maryland employment lawyer if something feels off. You’ve got more protection than you might think.
References
- Maryland Time to Care Act (FAMLI) – Mercer Overview
- Maryland Paid Family Leave – Official State Website (paidleave.maryland.gov)
- Family & Medical Leave Act and Parental Leave Act – Maryland People’s Law Library
- Maryland FAMLI Program: What Employers Need to Know – Jackson Lewis
- Maryland Delays FAMLI & Clarifies Parental Leave Law – HR Law Watch
- Maryland Parental Leave Act Update (SB 785) – Disability Leave Law Blog
- What’s Going on with Paid Family Leave in Maryland? – Fortis Employment Law
- FMLA – Maryland Courts
