Maryland Bone Marrow Donor Leave – Md. Code Ann., Lab. & Empl. §§ 3-1401-1409 (Effective 10/1/2019)

Covered Employers: Employers with 15 or more employees in Maryland

Employee Eligibility: 12 months of service and 1,250 hours worked in the 12 months immediately preceding the absence

Entitlement: 30 business days of unpaid, job-protected leave to serve as a bone marrow donor.

Employer Notice: Not specified

Employee Notice: Not specified

Obligation to Provide Certification or Documents Supporting Need for Leave: The employee must provide written verification from a physician documenting that the employee is a bone marrow donor and that there is a medical necessity for the bone marrow donation.

Paid: No. But if the employee taking the leave works on a commission basis, the employer must pay any commission that becomes due because of work the employee performed before taking leave.

Benefits: Employer must maintain group health coverage as though the employee had not gone on leave.

Reinstatement: Employee is entitled to be reinstated to their position, or to an equivalent position with equivalent benefits, pay, and other terms of employment, however, an employer may deny restoration of the employee's position of employment for reasons unrelated to the requesting or taking of leave. An employer may not consider any period of time during which an eligible employee takes organ donation leave to be a break in the eligible employee's continuous service for the purpose of the eligible employee's right to salary adjustments, sick leave, vacation, paid time off, annual leave, or seniority.

Other important definitions/requirements: The rights established for employees under this subtitle may not be diminished by a collective bargaining agreement or an employment benefit program or plan.

Relationships with other Leaves: Does not run concurrently with Federal FMLA

Absence Specifications