MARYLAND FLEXIBLE LEAVE ACT - Md. Code Ann., Lab. & Empl. § 802

This is a form of payment for a leave related to the qualified reasons and relationships, and may or may not be chosen as an applicable leave specification for your operation.

The act takes effect October 1, 2008.

Covered Employers: Employers engaged in enterprise in the State with 15 or more employees for each working day in each of 20 calendar weeks in the current or preceding calendar year and only applies to employers that already provide
paid leave.

Covered Employees: All employees of covered employers who are primarily employed in Maryland.

Entitlement: Covered employers in Maryland must allow employees to use any form of earned paid time off to care for an immediate family member due to an illness. The law defines "immediate family member" as a child, spouse, or parent. A "child" is an adopted, biological, foster child, stepchild, or legal ward who is under 18 years old (unless incapable of self-care due to mental or physical disability). A "parent" is an adoptive, biological, or foster parent, a stepparent, a legal guardian, or a person standing in loco parentis. Unlike the federal Family and Medical Leave Act, the paid leave may be used for any illness suffered by these family members, and is not limited to serious health conditions. The law applies to any form of paid leave, including vacation, sick leave, and compensatory time. Employees who earn more than one type of accrued paid leave may choose the type and amount of leave they want to use. There is no limit on how much paid leave an employee may use once it is accrued under the terms and conditions of the employer's leave policies. The amount of leave is limited to the amount of earned leave with pay that is available to the employee.

Employer Notice: Not Specified

Employee Notice: The statute explicitly states that it does not excuse an employee from any obligations that were created under the terms of a collective bargaining agreement or other employment policies. Thus, an employer may still implement and enforce call-in requirements or any other terms and conditions of leave that are not inconsistent with the law.

Reinstatement: An employer may not discharge, demote, suspend, discipline, or otherwise discriminate against an employee or threaten to take any of these actions against an employee because the employee requested or took leave, opposed a related unlawful practice, or filed, testified, or participated in an investigation of a complaint related to this law.

Relationship to other leaves: The Maryland law has no impact on an employee's right to take 12 weeks of unpaid leave under the federal FMLA;
however, paid leave taken pursuant to the Maryland law should run concurrently with FMLA leave in most circumstances.

Absence Specifications