Family and Medical Leave in Maryland 

For Maryland employers and their workforce, understanding family and medical leave protections is an important part of managing compliance and employee well-being. The primary law governing this area today is the federal Family and Medical Leave Act (FMLA), though Maryland is rolling out its own paid family and medical leave program that will expand these protections in the years ahead.

FMLA is a federal law that entitles eligible employees to take unpaid, job-protected leave for specific family and medical situations. While it does not replace an employee’s wages, it does protect their position and benefits during the leave period.

Qualifying reasons for FMLA leave include the following:

• Birth, adoption or foster placement of a child
• Caring for a spouse, child or parent with a serious health condition
• Managing the employee’s own serious health condition
• Specific needs arising from a family member’s military service

Which Employers Are Covered?

FMLA applies to all public employers and private employers with 50 or more workers within 75 miles of the employee’s worksite. Employers below that threshold are not subject to the federal law, though they may still choose to offer comparable leave policies voluntarily.

Who Is Eligible?

Employees must have worked for a covered employer for at least one year and have logged at least 1,250 hours over the previous 12 months.

Eligible employees may take up to 12 weeks of unpaid, job-protected leave within a 12-month period. In cases involving a serious injury or illness sustained by a covered military servicemember, eligible employees may take up to 26 weeks.

What Protections Does FMLA Provide?

FMLA leave is job-protected, meaning the employee is entitled to return to the same or an equivalent position upon their return. Health insurance coverage must also be maintained during the leave period under the same terms as if the employee had continued working.

Upon return from FMLA leave, nearly all employees must be restored to their original or equivalent positions with equivalent pay, benefits and other employment terms.

What FMLA Does Not Cover

Federal FMLA provides job protection but does not require wage replacement. Employees on FMLA leave are not automatically entitled to continued pay. Some employers coordinate FMLA leave with accrued paid time off, but this varies by employer policy.

Employers with fewer than 50 employees are also not covered by federal law, leaving a significant portion of Maryland’s workforce without statutory leave protections at the federal level.

Looking Ahead: Maryland FAMLI

Maryland has enacted a paid family and medical leave program, known as FAMLI, which will extend protections beyond what federal FMLA currently provides. Employer payroll contributions begin January 1, 2027, with paid benefits available to eligible employees starting January 2028. When benefits become available, employees will be able to take up to 12 weeks of paid leave within a 12-month period, with benefits of up to $1,000 per week.

For employers who want to offer paid leave to their workforce ahead of the state program, private insurance options are available that can provide wage replacement for many of the same qualifying events.

How Lyceum Insurance Services Can Help

Our team works with Maryland employers to evaluate their current obligations under federal FMLA, explore private paid leave options and prepare for the transition to Maryland FAMLI. Contact us today.

This blog is intended for informational and educational use only. It is not exhaustive and should not be construed as legal advice. Please contact your insurance professional for further information.