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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.
Read the law: U.S. Code, Title 29 § 2601 et seq.
To be eligible for FMLA benefits, an employee must:
- 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.
Read the law: U.S. Code, Title 29 § 2612(d)(2)(A)
Do I get paid for the time I am on leave?
FMLA only requires unpaid leave. If your employer provides less than 12 weeks of paid leave (such as vacation, personal leave, etc.), then they are not required to pay you the difference.
Read the law: U.S. Code, Title 29 § 2612(d)(1)
When do you have to let your boss know that you are taking 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)
Maryland's Parental Leave Act (MPLA)
Maryland’s Parental Leave Act (MPLA) requires an employer in the State of Maryland that has between 15 to 49 employees to provide eligible employees with 6 work-weeks of unpaid parental leave benefits, during any 12-month period, for the birth, adoption, or foster placement of a child. Below are some common questions. If you have further questions about your rights under MPLA, consult with an attorney or your employer.
Read the Law: Md. Code, Labor and Employment, Title 3, Subtitle 12
Who is an employer?
An "employer" is a person that employs 15-49 individuals in the state of Maryland for each working day during each of the 20 or more calendar workweeks in the current or preceding calendar year.
Read the law: Md. Code, Labor and Employment § 3-1201
Who is an eligible employee?
An “eligible employee” is one who has asked that the employer provide parental leave and who, as of the date that the requested parental leave begins, will have been employed by that employer for at least:
- 12 months AND
- 1250 hours during the previous 12 months.
The term “eligible employee” does not include independent contractors or someone who is employed at a work site where the employer employs less than 15 employees within 75 miles of the work site.
Read the law: Md. Code, Labor and Employment § 3-1201
How much notice is required?
Your employer may require that you give the employer written notice of your intention to take parental leave at least 30 days before the leave starts. There are exceptions to the notice requirement for premature births, unexpected adoptions, or unexpected foster placements.
Read the Law: Md. Code, Labor and Employment § 3-1203
What if my employer provides paid leave?
Like FMLA, if an employer provides paid leave (i.e., vacation, personal leave, or sick leave) to an eligible employee, the employer may 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 parental leave.
Read the Law: Md. Code, Labor and Employment § 3-1202(c)
Insurance coverage requirements
During any period that an eligible employee takes parental leave, an employer must maintain coverage of a group health plan for the duration of the parental leave and in the same manner that coverage would have been provided if the employee had continued in employment continuously for the duration of the parental leave. An employer may recover the premium that the employer paid for maintaining coverage for an eligible employee under a group health plan during the period of parental leave if the employee fails to return to employment with the employer after the period of parental leave to which the employee is entitled has expired.
Read the Law: Md. Code, Labor and Employment § 3-1205
When the employer can deny the leave
Under the MPLA, an employer may deny unpaid parental leave to an eligible employee if:
- the denial is necessary to prevent substantial and grievous economic injury to the operations of the employer; and
- the employer notifies the employee of the denial before the employee begins taking the leave.
Read the Law: Md. Code, Labor and Employment § 3-1202(b)
What happens when I return to work?
You are entitled to return to the position you held when parental leave began or to an equivalent position (i.e., equivalent pay, employment benefits, and other terms and conditions of employment).
There are exceptions. You may not be entitled to return to the position you held when parental leave began if:
- it is necessary to prevent substantial and grievous economic injury to the employer's operations;
- the employer notifies you of the their intent not to restore your position at the time that the employer determines that economic injury would occur; AND
- if parental leave has already begun, the employee elects not to return to employment after receiving notice of the employer's intention to deny restoration of the the employee's position of employment.
Read the law: Md. Code, Labor and Employment § 3-1204
Can I be fired during the parental leave?
During the parental leave period, the employer may only terminate the employment for cause.
Read the law: Md. Code, Labor and Employment § 3-1204