Parental Leave: Maryland

This Parental Leave policy applies to employees in Maryland under Maryland's Parental Leave Act (Maryland Labor and Employment Article, Title 3, Subtitle 12), which requires certain employers that aren't covered by the federal FMLA to provide up to six workweeks of unpaid, job-protected leave for the birth of a child or the placement of a child for adoption or foster care, and sets clear rules for eligibility, notice, benefits continuation, reinstatement, and limited circumstances where leave or reinstatement may be denied.

The History Behind Parental Leave Policies in Maryland

Maryland employers started writing clearer parental leave rules as Family & Self Care Leaves became a real compliance issue, not just a perk. The federal Family and Medical Leave Act (FMLA) set the baseline in 1993 with 12 weeks of job-protected leave for bonding and caregiving, but it only applied to larger employers (50+ employees within 75 miles) and eligible employees. That coverage gap left plenty of Maryland workers without job-protected bonding leave, especially at smaller worksites.

Maryland closed part of that gap with the Maryland Parental Leave Act (PLA), codified in the Labor and Employment Article (sections 3-1201 through 3-1211). The PLA borrowed familiar FMLA concepts, like the 12-month and 1,250-hour eligibility thresholds and continuation of group health coverage, then aimed it at employers with 15 to 49 employees within 75 miles. The law also limited overlap by excluding employees who can take FMLA leave for the same calendar year, which forces employers to track eligibility carefully and explain it in plain language.

Legislators also built in employer protections, like allowing denial of leave or reinstatement for certain key employees if the absence would cause "substantial and grievous economic injury," and it limits termination during leave to "for cause" situations. Those details pushed many Maryland employers toward a written parental leave policy as a best practice, because it's near-impossible to administer notice, PTO substitution, benefits premiums, and reinstatement rights consistently without one.

Which Law is the Parental Leave Policy Meant to Comply With?

If you create and distribute a Parental Leave Policy for your Maryland-based employees, it is in an effort to comply with Maryland's Maryland Parental Leave Act (Md. Code, Labor and Employment, §§ 3-1201 to 3-1211).

How to Write a Maryland-Specific Parental Leave Policy

• Start with "why" and introduce the concept of Maryland parental leave as job-protected time off for bonding after birth, adoption, or foster placement.
• Define the qualifying reasons and when leave begins.
• Explain that the leave is unpaid and that employees may use accrued PTO, which counts toward the leave entitlement.
• Set clear eligibility rules, including service and hours requirements, worksite size, and that employees can't use this leave when covered by federal family leave for the same year.
• Include a notice expectation for requesting leave.
• State how group health coverage continues during leave and how premium payments work.
• Describe the return-to-work and reinstatement approach, including placement in the same or an equivalent role.
• Explain the narrow circumstances where leave or reinstatement may be denied due to significant operational harm.
• Confirm job protection during leave, including that termination during leave is limited to for-cause situations.

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. 

You can comply without putting this in your handbook or otherwise publishing it to employees, but including it usually pays off. A short policy helps employees find answers without a ticket to HR, and it helps supervisors handle situations the same way across teams. If you're intentionally keeping your handbook lean, this can live in another easy-to-find policy hub, but make sure employees can actually access it and managers know where to point people. 

Other Considerations

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

Exceptions

None