How Long Is Maternity Leave In Maryland?
Effective January 2, 2019, the Maryland Judiciary implemented a Parental Leave program. Parental Leave allows the parent(s) of a child (or children) to take up to 60 days of paid leave to bond and care for their child after the birth or adoption. An employee does not have to work for the Judiciary for a specific amount of time to be eligible for Parental Leave and it is available to part-time employees.
- 0.1 How many months is maternity leave in Maryland?
- 0.2 How does maternity leave work in Maryland?
- 1 Does Maryland provide paid family leave?
- 2 Can you collect unemployment while on maternity leave in Maryland?
- 3 Does Maryland offer short term disability for pregnancy?
- 4 What qualifies for FMLA in MD?
How many months is maternity leave in Maryland?
Maryland will soon be the tenth state to offer paid family leave to employees, continuing a trend that is expected to roll across the country in the next few years. This comes after the Maryland Legislature’s April 9 vote to override Gov. Larry Hogan’s veto of the legislation.
Under the new law, eligible employees will receive up to a weekly maximum of $1,000 for up to 12 weeks of leave on an annual basis. Additionally, employees taking leave will receive job protection for taking advantage of the paid leave benefits. The payroll tax to fund the program will take effect on Oct.1, 2023, and paid leave will be available on Jan.1, 2025.
Here are a series of FAQs to assist employers with your compliance obligations. Which Employers Are Affected? Any entity that employs at least one individual in Maryland across the public and private sectors. Who Can Receive Paid Leave? An employee who has worked at least 680 hours over the 12-month period immediately preceding the date on which leave is to begin is eligible to receive paid leave.
Paid leave —The law offers up to 12 weeks annually of paid time off to take care of a new child, one’s own medical problems, or a family member’s serious illness or military deployment. A parent could get up to 24 weeks if medical leave is needed during pregnancy, followed by parental leave after childbirth. Job protection —Employers cannot discharge, demote, or otherwise discriminate or take adverse action against an individual who has filed for, applied for, or received benefits under the new law, inquired about rights and responsibilities under the new law, communicated an intent to file a claim, complaint, or appeal under the new law, or testified or intents to testify in a proceeding under the new law.
How Will the Benefit Be Funded? This paid leave will be funded for a payroll tax that will be split between employees and employers (with 15 or more employees). The payroll tax will go into effect on Oct.1, 2023, at a yet to be determined rate. The tax collected will fund the Family and Medical Leave Insurance Fund.
- How Will Employees Receive the Benefit? Eligible employees have to submit an application for benefits to the administering agency.
- This is similar to the process for receiving unemployment benefits.
- How Much Will Employees Receive? The benefits will replace 90 percent of weekly wages for the lowest-income workers and a smaller percentage for higher-paid workers and are capped at $1,000 per week.
What If the Employer Already Offers Greater Paid Leave? If the employer already offers greater benefits through a collective bargaining agreement or an existing policy, the new law does not diminish the employer’s existing obligations. The employee has to exhaust all employer-provided leave before receiving benefits under the new law.
Are There Any Exemptions for Employers? If an employer satisfies the requirements of the new law through a private employer plan consisting of employer-provided benefits, insurance, or a combination of the two, and if the private employer plan is offered to all eligible employees and meets or exists the benefits under the new law, the employer is exempted from the requirements of this new law.
Employers will have to submit their private employer plan to the Maryland Department of Labor for approval. Is There a Notice Requirement? Yes, employers must provide written notice to each employee of the rights and duties under this law. This includes the right of an eligible employee to receive benefits under the new law, the procedures for filing a claim for benefits, the employee’s responsibilities during the leave, the employee’s right to file a complaint for alleged violations, the employee’s right to job protection, and a description of prohibited acts and related penalties.
Review and update current policies. Take a look at your current policies. If you offer greater benefits than the new law provides, your analysis pretty much ends here. If you do not, determine whether you would like to make any changes to the policies to claim exemption from the new law, with enough time to submit your policies to the Maryland Department of Labor before the Family and Medical Leave Insurance Fund payroll tax goes into effect on October 1, 2023. Follow developments. If your policies are such that you will be participating in the Family and Medical Leave Insurance Fund, follow the Maryland Department of Labor for information on the payroll tax, the exact amount, and the exact employer-employee split. Be ready to take action. If your policies are such that you will be participating in the Family and Medical Leave Insurance Fund, be ready to implement the payroll tax on Oct.1, 2023, and timely give required notice to your employees regarding their benefits, rights, and obligations. If your policies are such that you will not be participating in the Fund, be ready to submit your policies to the Maryland Department of Labor.
Setareh Ebrahimian and Daniel E. Farrington are attorneys with Fisher Phillips in the Washington, D.C., metro area. © 2022 Fisher Phillips. All rights reserved. Reposted with permission.
How does maternity leave work in Maryland?
What I need to know as an employer or an employee. Maryland Minimum Wage and Overtime Law Adoption Leave This law states that employers who provide leave with pay to an employee following the birth of the employee’s child shall provide the same leave with pay to an employee when a child is placed with the employee for adoption.
- Flexible Leave Act The Flexible Leave Act, section 3-802 of the Labor and Employment Article authorizes employees of employers with 15 or more individuals to use “leave with pay” to care for an immediate family member who is ill or for bereavement leave upon the death of an immediate family member.
- Immediate family member is a child, spouse or parent.
Leave with pay is considered time away from work for which an employee is paid and includes sick leave, vacation time, and compensatory time. An employee may only use leave with pay that has been earned and employees who earn more than one type of leave with pay may elect the type and amount of leave to use.
An employee who uses leave with pay under this law is required to comply with the terms of any collective bargaining agreement or employment policy. The Flexible Leave Act prohibits an employer from discharging, demoting, suspending, disciplining or otherwise discriminating against an employee or threatening to take any of these actions against an employee who exercises rights under this law.
This law does not affect leave granted under the Federal Family and Medical Leave Act of 1993 (FMLA). More information on the Flexible Leave Act. Deployment Leave Effective October 1, 2013, Deployment Leave authorizes individuals of employers with 50 or more employees who work full-time or part-time, have worked for the employer for the last 12 months, and has worked at least 1,250 hours during the last 12 months, leave from work on the day that an immediate family member, which includes a spouse, parent, stepparent, child, stepchild or sibling of the employee is leaving for, or returning from, active duty outside the United States as a member of the armed forces of the United States.
- An employer may not require an employee to use compensatory, sick, or vacation leave when taking leave under this section.
- An employer may require an employee requesting leave under this section to submit proof to the employer verifying that the leave is being taken in accordance with subsection (b) of this section.
Parental Leave: Under this law, an eligible employee is entitled to a total of six (6) workweeks of unpaid parental leave during any 12-month period for the birth of a child of the employee; or the placement of a child with the employee for adoption or foster care.
The Commissioner will look to existing rules, regulations and interpretations under the Federal Family Medical Leave Act for guidance in administering this law. Shift Breaks – The Healthy Retail Employee Act Who is covered by the Healthy Retail Employee Act (hereinafter “the Shift Break law”)? Employees who work in certain retail establishments are entitled to a non-working shift break depending upon the number of hours worked.
To clarify, a retail establishment is an employer whose primary purpose is to sell goods to a consumer with the consumer present in the retail establishment at the time of sale, and does not include restaurant or wholesalers. Furthermore, this law applies only to employers who are engaged in a retail business or retail franchise with the same trade name with 50 or more retail employees for each working day in the last 20 or more calendar weeks.
- Employees covered by a collective bargaining agreement or other employment policy that provides for shift breaks of equal or greater duration to those required by this law;
- Employees exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA) including executive, administrative and professional employees, as well as employees engaged in outside sales work;
- Commissioned sales employees of retail or service establishments are exempt from the overtime requirements of the FLSA if more than half of the employee’s earnings come from commissions and the employee averages at least one and one-half times the minimum wage for each hour worked;
- Employees of the State, or a county or municipality within the State
- Employees who work in a corporate office or other office location; and,
- Employees who work at a single location with five or fewer employees.
Shift Break Frequently Asked Questions (FAQs) Read the law in its entirety. Download a Shift Break Complaint Form (Word) Job Applicant Fairness: Protection against the misuse of credit history by employers The Job Applicant Fairness Act generally prohibits employers in Maryland from using a job applicant or employee’s credit report to determine:
- whether to hire a job applicant;
- whether to terminate an employee; or
- the rate of pay or other conditions of employment for an employee.
Job Applicant Fairness Frequently Asked Questions (FAQs) Download the the Credit Check Complaint Form User name and password privacy protection Under this law, an employer may not request or require that an employee or applicant disclose any user name, password, or other means for accessing a personal account or service through an electronic communications device.
- Discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize an employee for an employee’s refusal to disclose any information; or
- Fail or refuse to hire any applicant as a result of the applicant’s refusal to disclose any information.
Read the username and password privacy protection law,
How long is paid family leave in Maryland?
Starting in 2025, covered employees may take up to 12 weeks of leave in a rolling 12 months, with an additional 12 weeks possible if the employee experiences a serious health condition and needs to bond with a new child.
Does Maryland provide paid family leave?
Paid Family and Medical Leave Is Coming to Maryland On April 9, 2022, the Maryland state legislature overrode Governor Hogan’s veto of, also known as the Time to Care Act of 2022 (the “Act”). With the enactment of the law, Maryland becomes the latest state to establish paid family and medical leave for employees.
- The Act creates a family and medical leave fund (the “Fund”) which provides temporary paid leave benefits to covered employees and participating self-employed individuals.
- The program will be administered by the state, and paid leave benefits will be made directly by the state to eligible individuals from the Fund.
Covered Reasons for Leave Beginning January 1, 2025, paid leave under the Act will be available for:
- Caring for a child during the first year after the child’s birth or after the placement of the child through adoption, foster care, or kinship care,
- Caring for a family member with a serious health condition,
- Attending to the covered individual’s own serious health condition that results in the individual being unable to perform the functions of the covered individual’s position.
- Caring for a service member with a serious health condition resulting from military service who is a covered individual’s next of kin; and
- Attending to a covered individual’s “qualifying exigency” (defined to include various events related to military deployment or matters resulting therefrom) arising out of the deployment of a service member who is a family member.
“Family member” is broadly defined to include a covered individual’s:
- Child (including a ward or one for whom the covered individual has legal or physical custody or guardianship or stands in loco parentis);
- Parent or legal guardian (including one who acted as a parent or stood in loco parentis to the covered individual when the covered individual was a minor);
- Grandchild; and
“Family member” also includes the ward, parent, or legal guardian of the covered individual’s spouse or one who acted as a parent or stood in loco parentis to the spouse when the spouse was a minor. All of the above relationships include biological, adopted, foster and step-relations.
Eligibility for and Amount of Leave Benefits Paid leave benefits will be available for employees who have worked at least 680 hours over the 12-month period immediately preceding the date on which leave is to begin (“covered employees”). Self-employed individuals may also receive such benefits if they elect to participate in the program.
Covered employees and participating self-employed individuals will be entitled to paid leave benefits which will be paid for from the Fund. Benefits are capped at 12 weeks in an application year – meaning within the 12 month period following the employee applying for benefits (starting from the first day of the calendar week in which the application was made).
- However, a covered individual may receive an additional 12 weeks of benefits if the employee received benefits for child care during the first year of a new child’s birth or adoption and then becomes eligible for benefits due to the covered individual’s serious health condition (or vice versa).
- Covered individuals’ paid benefit entitlement is subject to a somewhat complicated formula, based on wages received over the past 680 hours.
Based on these calculations, paid leave benefits will initially range from $50 to $1,000 a week, with the maximum weekly benefit subject to annual adjustment by the Maryland Secretary of Labor starting January 1, 2026. Employees may take paid leave under the Act intermittently in increments of at least 4 hours, but to do so must:
- Make a reasonable effort to schedule the intermittent leave in a manner that does not unduly disrupt the employer’s operations; and
- Provide the employer with reasonable and practicable prior notice of the reason for why the intermittent leave is necessary.
- Employers may not reduce an individual’s total amount of entitled leave beyond the amount of intermittent leave the individual actually took.
- Employers are required to continue any employment health benefits “in the same manner as required under maintenance of health benefits in the federal Family and Medical Leave Act” while on leave covered by the Act.
- Interaction with Other Leave Laws and Benefits
- All leave taken under the Act runs concurrently with eligible federal Family and Medical Leave Act (“FMLA”) leave.
An employee must take all employer-provided paid leave that is not required to be provided by law (presumably leave such as vacation and employer provided parental paid leave) before receiving benefits under the Act. Such employer-provided paid leave is considered leave taken under the Act and subject to the protections provided for paid leave under the Act (discussed below).
An otherwise eligible employee is ineligible for paid leave under the Act for any period in which they are receiving benefits under Maryland Title 8 unemployment insurance or Title 9 workers’ compensation wage replacement benefits. However, an employee receiving compensation for a permanent partial disability under Title 9 may still be eligible for benefits under the Act.
Fund Contributions Beginning October 1, 2023, every employer with 15 or more employees that employs at least one individual in Maryland, every employee (through payroll deductions), and every participating self-employed individual will be required to contribute to the Fund.
The rates of contribution will be set by the state. An employer is exempt from making contributions to the plan if it provides a private employer plan to all eligible employees with benefits, insurance, or a combination of both that meets or exceeds the rights, protections and benefits provided by the Act.
An employer must file their private employer plan with the Maryland Department of Labor (the “Department”) in order to receive the exemption.
- Employee Notice Requirements
- An employer may require employees to provide written notice at least 30 days before taking leave under the Act where such leave is foreseeable.
- If an employee’s leave is not foreseeable, the employee must provide notice to the employer as soon as practicable and comply with the employer’s requirements for requesting other leave so long as those requirements do not interfere with the employee’s ability to take leave under the Act.
- Employer Notice Requirements
- Employers must provide written notice to every employee of their rights under the Act at the time of hire and annually thereafter.
- In addition, employers must notify employees of their eligibility to take leave within five business days of the employee’s request for leave under the Act or when an employer knows that an employee’s requested leave may be eligible for benefits under the Act.
- Notice provided to employees must include:
- The right of an eligible employee to receive benefits under the Act.
- The procedure for filing a claim for benefits.
- The employee’s responsibilities regarding any notice they must provide and any penalties for failing to provide such notice.
- The right of an employee to file a complaint for alleged violations.
- The right of an eligible employee to job protection; and
- A description of the prohibited acts, penalties, and complaint procedures under the Act.
- The Department is required to develop a standard notice for employers to use for this purpose.
- Prohibited Acts/Employee Protections
- While an employee takes leave under the Act, an employer may terminate an employee for “cause” (which the Act does not define).
- Further, an employer can deny restoration of an employee’s position after they take covered leave if:
- The denial is necessary to prevent substantial and grievous economic injury to the operations of the employer;
- The employer notifies the covered individual of its intent to deny restoration of the position at the time the employer determines the economic injury would occur; and
- If the leave has already begun, the employee elects not to return to employment after receiving notice of the employer’s intention to deny restoration.
Employers may not take adverse action against an employee because the employee has:
- Filed for, applied for, or received benefits under the Act;
- Inquired about the rights and responsibilities under the Act;
- Communicated an intent to file a claim, complaint, or an appeal under the Act; or
- Testified or intends to testify or otherwise assist in a proceeding under the Act.
- Employers also may not fail or refuse to pay contributions to the Fund, and may not take deductions from employee wages to pay for any portion of the employer’s contribution.
- An employee’s rights under the Act cannot be diminished through a collective bargaining agreement or an employer policy.
- Further, the Act cannot be construed to diminish an employer’s obligation to comply with a collective bargaining agreement or an employer policy that allows an employee to take leave for a period of time longer than what is provided under the Act.
- Enforcement of the Act
Employees who believe their employer has violated the Act may file a written complaint with the Department. The Department will try to resolve the complaint through mediation. If the Department is unable to resolve the complaint through mediation and determines a violation has occurred, the Secretary of Labor will issue an order describing the violation and direct the recovery of employment benefits, or other compensation denied or lost, including any actual economic damages.
The Secretary of Labor’s order may also seek reinstatement of the employee and may assess a civil penalty of up to $1,000 for each employee for whom the employer is not in compliance. If the employer does not comply with any such order, the Act provides that the Secretary of Labor or the employee may commence a civil action to enforce the order.
* * * We will continue to provide updates on the Act, including the issuance of any implementing regulations and other guidance, as they occur. Tags: : Paid Family and Medical Leave Is Coming to Maryland
Does Maryland offer paid maternity leave?
GENERAL INFORMATION & ELIGIBILITY Effective January 2, 2019, the Maryland Judiciary implemented a Parental Leave program. Parental Leave allows the parent(s) of a child (or children) to take up to 60 days of paid leave to bond and care for their child after the birth or adoption.
Is maternity leave 9 months or a year?
How long your maternity leave can last – Your maternity leave will last for a year unless you tell your employer you want to return earlier. It can’t last longer than a year. The shortest maternity leave you can take is 2 weeks. This goes up to 4 weeks if you work in a factory.
How long is maternity paid for?
Statutory Maternity Leave – If you are employed and pregnant, you are entitled to 52 weeks (1 year) of maternity leave, no matter how long you’ve worked for your employer. This is made up of 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave.
- You have a range of rights during this period and can also request that your employer provides flexible working arrangements if you decide to return to work at the end of your leave.
- Your employment terms (for example, your pension contributions) are protected while you’re on Statutory Maternity Leave.
If you’re made redundant while on Statutory Maternity Leave, you also have extra rights.
How long does paid maternity last?
When your maternity pay starts and finishes – Your maternity pay starts on the same day as your maternity leave, You can’t get it while you’re still at work or more than 11 weeks before your due date. If you don’t get maternity leave your maternity pay starts the day after you have your baby.
How do I get paid while on FMLA in Maryland?
Leave and Reinstatement Rights – Employees are entitled to continue their health insurance while on leave, at the same cost they must pay while working. FMLA leave is unpaid, but employees may be allowed (or required) to use their accrued paid leave during FMLA leave.
Can you collect unemployment while on maternity leave in Maryland?
Unemployment Benefits during Maternity Leave – The drawback when it comes to availing of leaves during pregnancy is that they are unpaid. Companies in the United States rarely offer compensated maternity leave. This period can be significantly longer, ranging from 12 weeks to a year or even more, if you decide on devoting more time to the child’s upbringing. It can be quite a challenge to live regularly during this time, especially if you were dependent on your job to meet financial obligations, wholly or partly. You may look to various state-sponsored schemes such as the Unemployment Insurance (UI) program that offers weekly monetary compensation for the unemployed through no fault of their own and are able to and available for work.
- And while you are pregnant and on maternity leave, can you be considered unemployed? It’s tricky because this may just be considered an interim period.
- Remember, you’re still on the payrolls of your employer.
- Your physician may advise you to take time off from your work and rest completely during your pregnancy.
In such cases, you will not qualify to receive unemployment compensation since you are unable to and unavailable for work—which is an important eligibility requirement to qualify for UI benefits. You need not be devastated if you don’t qualify for unemployment benefits during maternity leave, as you may qualify for disability benefits (only if the program is available in your state).
Does Maryland offer short term disability for pregnancy?
Health Benefits Coverage The Maryland Human Relations Law addresses the issue of pregnancy disability. Pregnancy-related disabilities are temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available through employment.
How long can you take FMLA in MD?
FMLA is a federal law providing for an unpaid period of ” protected absence ” of up to 12 weeks, or up to 26 weeks for Military Caregiver Leave, in a twelve-month period for a qualifying event (see FMLA Fact Sheet for more qualifications).
What qualifies for FMLA in MD?
Federal Family and Medical Leave Act (FMLA) – The Family and Medical Leave Act entitles certain employees up to 12 weeks of unpaid leave for specified family and medical reasons. Below are some common questions. If you have further questions about your rights under FMLA, consult with an attorney or your employer.
- Work for a covered employer;
- Have worked for the employer for a total of 12 months;
- Have worked at least 1,250 hours over the previous 12 months; and
- Work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.
Read the law: U.S. Code, Title 29 § 2611 When can you take leave? Generally, you can take up to 12 work-weeks of leave during any twelve month period for one or more of the following reasons.
- Due to the birth of your child and your need to provide care for the child. (Must be taken within 12 months of birth)
- Due to the 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.
- If you, have a serious health condition that makes you unable to perform the duties of your job.
The term “serious health condition” is an illness, injury, impairment, or physical or mental condition that involves:
- inpatient care in a hospital, hospice, or residential medical care facility; or
- continuing treatment by a health care provider.
Read the law: U.S. Code, Title 29 § 2611, § 2612 Military Family Leave The FMLA also allows employees to take up to 26 workweeks of unpaid leave in a 12‑month period to care for a spouse, child, or parent who is a servicemember, if that servicemember has a serious injury or illness.
- Read the law: U.S.
- Code, Title 29, § 2612(a)(3) Do you have to take all of the leave at once? You can take leave intermittently when medically necessary to care for yourself or a seriously ill spouse, son, daughter, or parent.
- You will not lose the unused leave by taking the leave in segments.
- However, leave for the birth or care of a child can be taken intermittently only with your employer’s approval.
Read the law: U.S. Code, Title 29 § 2612(b)(1) Can my employer ask me to switch positions within the company? If you are taking leave for medical reasons, or to take care of a seriously ill family member, and your leave is foreseeable due to planned medical treatment, then your employer may require you to temporarily transfer to another position if:
- you are qualified for the position,
- the position has the same pay and benefits; and
- the position is better suited for taking periodic leave than your regular position.
Read the law: U.S. Code, Title 29, § 2612(b)(2) Will I have to use any of my vacation time that I have accrued? If an employer provides paid leave (i.e., vacation, sick leave, or personal leave) to an eligible employee, the employer can require the eligible employee–or the eligible employee may elect– to substitute the paid leave for any part of or all of the period of FMLA leave.
- If your use of FMLA leave is foreseeable and providing notice is practicable, then you must provide your employer with 30-days advance notice.
- If your use of FMLA leave is foreseeable less than 30 days in advance, then provide notice as soon as practicable. This is generally either the same or next business day.
- If your use of FMLA leave is unexpected (i.e., not foreseeable), then you must provide notice as soon as practicable.
- Absent unusual circumstances, you must comply with your employer’s usual and customary notice and procedural requirements when requesting leave.
Read the law: U.S. Code, Title 29 § 2612(e) What if both spouses work for the same employer? If you and your spouse are taking leave for the birth, or placement of a child, or in order to take care of a sick parent, then your employer may only allow you and your spouse together a total of 12 weeks of leave. Read the law: U.S. Code, Title 29 § 2612(f)(1)
How do you qualify for FMLA in MD?
To qualify under FMLA, an employee must have actually worked at least a total of 12 months for the State and at least 1,250-work hours during the preceding 12 months. The employee may be employed in any capacity, including that of a contractual.