Bereavement: Maryland

This bereavement policy applies to employees in Maryland under the Maryland Flexible Leave Act, which requires employers that provide paid leave to let eligible employees use that accrued leave for an immediate family member's death, and it helps your organization set clear, compassionate expectations for requesting time off, defining who qualifies as immediate family, and choosing which available paid leave to use.

The History Behind Bereavement Policies in Maryland

Bereavement Leave became a Maryland best practice long before the state spelled out any specific bereavement right. Employers leaned on general paid time off rules, short-term disability, and the federal Family and Medical Leave Act (FMLA) for job protection in limited situations, but the FMLA does not treat grief itself as a covered condition. That gap created a common HR challenge. Employees needed time for funerals and family logistics, and managers needed a consistent approval process.

Maryland's Flexible Leave Act pushed the conversation from "nice to have" to "you need a rule for this." The law requires certain employers that already provide paid leave to let employees use that leave for an illness of the employee or an immediate family member, and it also covers bereavement following the death of an immediate family member. The statute's structure matters because it does not create a new bank of paid time off, it regulates how existing paid leave can be used, which is exactly the kind of detail that gets missed without a written policy.

Which Law is the Bereavement Policy Meant to Comply With?

If you create and distribute a Bereavement Policy for your Maryland-based employees, it is in an effort to comply with Maryland's Maryland Code, Labor and Employment Article, Section 3-802.

How to Write a Maryland-Specific Bereavement Policy

• Start with "why" and introduce the concept.
• State that Maryland employees may be eligible for bereavement leave tied to a family member's death.
• Explain that accrued paid leave can be used for bereavement.
• Allow employees to choose which available paid leave type to use and how much to apply.
• Define "immediate family member" for bereavement purposes.
• Include a simple process for requesting bereavement leave.

Alternatively, you can ensure that all other paid leave policies (vacation, PTO, paid sick time, etc.) that apply to Maryland employees specifically list bereavement as an acceptable use.

Unless you want a specific bereavement-only policy, we recommend you use a Flexible Leave policy instead, as that policy wholly encompasses bereavement and covers other requirements of the same MD law.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

Most employers can skip a policy on this and be fine, as long as they comply behind the scenes when it applies. Consider adding it only if you have employees who are likely to run into this situation, your industry makes it more relevant, or your existing policies leave a gap.

Other Considerations

The law applies to Maryland employers who have at least 15 employees working in the US.

Exceptions

None