Most people assume maternity leave in Maryland works one simple way. It doesn’t. There are actually several overlapping laws that may apply to you, and the rules are changing fast. Knowing which one covers you could make a huge difference.
Let’s break it all down so you know exactly where you stand.
What Is Maternity Leave?
Maternity leave is time off from work after having a baby, adopting a child, or welcoming a foster child into your home. It can be paid or unpaid, and it may come with job protection. That means your employer has to hold your job while you’re gone.
In Maryland, maternity leave is covered by a mix of federal and state laws. Which laws apply to you depends on how big your employer is and where you work. Pretty straightforward once you know the pieces.
The Three Main Laws That Cover Maryland Workers
Here’s where it gets interesting. Maryland workers may be covered by up to three different leave laws at the same time.
Federal FMLA covers employees at companies with 50 or more employees. Maryland’s Parental Leave Act covers smaller companies with 15 to 49 employees. And Maryland’s brand-new FAMLI program is coming soon for almost everyone. Each one has different rules, so let’s go through them.
Federal FMLA: The Law That Covers Larger Employers
The federal Family and Medical Leave Act, called FMLA, is the most well-known leave law in the U.S. If your employer has at least 50 employees, FMLA likely applies to you.
Under FMLA, you can take up to 12 weeks of unpaid, job-protected leave each year. This covers the birth of a child, adoption, or foster placement. You can also use it for a serious health condition, including pregnancy-related illness.
Do you qualify? You must have worked for your employer for at least 12 months. You also need at least 1,250 hours of work in the past year. That works out to roughly 24 hours per week.
FMLA leave is unpaid unless your employer offers paid leave or you have accrued vacation or sick time. The key perk is job protection. Your employer must return you to the same or equivalent position when you come back.
Maryland Parental Leave Act: Protection for Smaller Companies
Wondering if this applies to you? It might, even if your company is small.
Maryland’s Parental Leave Act, called the MPLA, covers employers with 15 to 49 employees in Maryland. This law was created to give workers at smaller companies the same basic protections as larger ones.
Under the MPLA, eligible employees can take up to six weeks of unpaid parental leave for the birth, adoption, or foster placement of a child. Like FMLA, it requires you to have worked for your employer for at least 12 months. You also need 1,250 hours in the prior year.
Important update for 2025. Starting October 1, 2025, Maryland employers who are covered by FMLA are no longer required to comply with the state’s unpaid parental leave law. This matters if your company was growing. If your employer became large enough to fall under FMLA, they no longer have to follow the MPLA too.
Basically, both laws no longer stack on top of each other. One or the other applies, not both.
Big News: Maryland’s Paid Leave Program Is Coming
Okay, pause. Read this carefully. This is the biggest change to maternity leave in Maryland in decades.
Maryland passed a law called the Time to Care Act, which created the Family and Medical Leave Insurance program, or FAMLI. This program will provide paid leave to almost all Maryland workers. Not unpaid. Paid.
Starting in January 2028, employees will be able to take up to 12 weeks of paid leave, with benefits of up to $1,000 per week. That’s a major change for workers who currently get nothing when they take leave.
How FAMLI Works: The Basics
Think of FAMLI like an insurance program. You and your employer pay small amounts into a state fund. When you need to take leave, the fund pays you a portion of your wages.
You will pay less than 1% of your wages into FAMLI. As early as January 2027, your employer will begin deducting your share from each paycheck. This is similar to other payroll deductions like Social Security.
Here is the timeline you need to know. Payroll deductions begin January 1, 2027. Benefits for all workers begin on January 3, 2028.
So you will see a small deduction starting in 2027. Then in 2028, if you need leave, you can actually start collecting benefits.
Who Qualifies for FAMLI?
Almost everyone who works in Maryland qualifies. But there are a few requirements.
You must have worked at least 680 hours in Maryland over the four most recently completed quarters before filing a claim. That is roughly 13 hours per week. Part-time workers, seasonal workers, and paid interns all count.
There is no minimum income requirement. There are also no age restrictions. You just need to be working in Maryland.
One important note: if you work remotely from Maryland for an employer based in another state, you are still covered. But if you work from another state for a Maryland employer, you are not covered.
How Much Will FAMLI Pay You?
This is probably the part you care most about. The benefit replaces a portion of your wages up to a maximum.
The program will replace up to 90% of average weekly wages, subject to a minimum of $50 and a maximum of $1,000 per week. The exact amount depends on what you earn. Lower-wage workers tend to get a higher percentage replaced.
For example, if you earn $800 per week normally, you might receive close to $720. If you earn $2,000 per week, you would cap out at $1,000. Starting in 2029, the maximum benefit will increase each year to keep up with inflation.
How Many Weeks Can You Take Under FAMLI?
You can take up to 12 weeks of FAMLI leave within a 12-month period. This covers bonding with a newborn, adoption, or foster placement.
Wait, it gets better. If you experience your own serious health condition and welcome a child in the same year, you could be eligible for up to 12 weeks per event, for a total of up to 24 weeks. For example, if you had a difficult pregnancy and then needed recovery time, those could count as separate qualifying events.
Also, spouses can both take FAMLI leave at the same time even if they work for the same employer. That’s a big deal for families where both parents want to be home after a birth.
FAMLI and Your Job: Are You Protected?
Yes. FAMLI has job restoration protections, with narrow exceptions. Your employer must bring you back to the same or an equivalent position after your leave ends.
Your employer also cannot retaliate against you for taking FAMLI leave. Filing a claim or asking about your rights is protected too.
Maryland’s Sick Leave Law: Another Layer of Protection
Honestly, this is the part most people miss. Maryland has a separate sick leave law that is already in effect right now.
The Maryland Healthy Working Families Act requires employers with 15 or more employees to provide paid sick and safe leave. If your employer has fewer than 15 employees, you still earn unpaid sick leave.
This leave can be used for pregnancy-related health conditions, prenatal appointments, and recovery from childbirth. It is not the same as parental leave, but it gives you more flexibility around leave for medical needs during pregnancy.
Penalties and What Happens If Your Rights Are Violated
Most people don’t realize how strict these laws are.
If your employer denies you legally protected leave, retaliates against you, or fails to restore your position, you have real legal options. Under FMLA, you can sue your employer and potentially recover lost wages and benefits. The court can also order your employer to pay your attorney fees.
Under FAMLI, employers who retaliate against employees can face civil penalties. The Maryland Department of Labor enforces these protections.
If you think your rights have been violated, document everything. Keep emails, texts, and any written communications. Contact an employment lawyer or file a complaint with the Maryland Department of Labor.
Special Circumstances Worth Knowing
What if you’re self-employed? You won’t automatically be covered by FAMLI. Optional participation will be available for self-employed individuals by regulation, but not before July 1, 2028.
What about remote workers? If you work from home in Maryland for an out-of-state employer, you are covered under FAMLI. But if you commute to work in another state, you are not.
What if your employer already offers good paid leave? Employers can apply for an exemption if their private plan is at least as generous as FAMLI. Many employers may offer their own paid leave programs instead.
How to Prepare for FAMLI Right Now
You don’t have to wait until 2028 to get ready. Here is what you can do today.
Sign up for email updates from Maryland’s official FAMLI website at paidleave.maryland.gov. You will get notified when the contribution rate is announced, which must happen by May 1, 2026.
Talk to your HR department about what your employer currently offers. Find out if they plan to use the state FAMLI plan or apply for an approved private plan. Both options provide the same minimum benefits.
If you are expecting a baby, check whether FMLA or the Maryland Parental Leave Act covers your situation right now, before FAMLI begins.
Frequently Asked Questions
Does Maryland have paid maternity leave right now in 2026? Not yet. Maryland’s FAMLI paid leave program begins paying out benefits in January 2028. Right now, most leave in Maryland is still unpaid unless your employer offers its own paid leave policy.
How long can I take for maternity leave in Maryland? Under FMLA, up to 12 weeks. Under the Maryland Parental Leave Act, up to 6 weeks. Starting in 2028, FAMLI will provide up to 12 weeks of paid leave for most workers.
Do I have to tell my employer I’m pregnant before taking leave? Not immediately. But if leave is foreseeable, you should give at least 30 days written notice before taking FAMLI leave. For FMLA, 30 days is also recommended when possible.
Can both parents take leave at the same time? Yes, under FAMLI both parents can take leave simultaneously, even if they work for the same employer.
What if my employer has fewer than 15 employees? Federal FMLA and the Maryland Parental Leave Act do not cover you. However, you will still be covered by FAMLI starting in 2028, as it applies to nearly all Maryland workers.
When do payroll deductions for FAMLI start? Contributions begin on January 1, 2027. You will see a small deduction on your paycheck starting that year. Benefits are available starting January 2028.
What if my employer denies my leave request? Contact the Maryland Department of Labor or an employment attorney. You have the right to file a complaint and potentially recover lost wages.
Final Thoughts
Here’s the big picture. Maryland workers currently have important but limited leave protections through FMLA and the Maryland Parental Leave Act. Most leave is still unpaid. But that is changing in a big way.
Starting in 2028, FAMLI will give most Maryland workers up to 12 weeks of paid leave per year. It is one of the most significant worker protections the state has ever created. The contribution deductions start in January 2027, so it is worth paying attention now.
Know your rights, keep records, and don’t hesitate to ask for what you are legally entitled to. When in doubt, talk to an employment attorney or reach out to the Maryland Department of Labor.
References
- Maryland FAMLI Official Website — Maryland Department of Labor
- Maryland Parental Leave Act — People’s Law Library — Maryland Thurgood Marshall State Law Library
- Maryland Enacts Changes to Parental Leave Act (SB 785) — HR Law Watch, May 2025
- Maryland FAMLI Program Overview — For Employees — Official FAMLI Division
- Maryland FAMLI FAQ — October 2025 — Maryland Department of Labor
- Time to Care Act, MD Code Lab. & Empl. §§ 8.3-101 et seq. — Mercer Law & Policy
- What’s Going on With Paid Family Leave in Maryland? (2025 Update) — Fortis Employment Law
