Maryland Parental Leave Md. Code Ann., Lab. & Empl. §§ 3-1201-1211

Covered Employers: Employers with 15 to 49 employees in the state for each working day starting each of 20 or more calendar wokweeks in the current or preceding year. "Employer" includes a person who acts directly or indirectly in the interest of the employer with respect to an employee and a successor in interest to an employer.

Employee Eligibility: To be eligible for unpaid parental leave, an employee must have worked for the employer for at least one year and for 1,250 hours in the previous 12 months as of the date that the requested parental leave begins. The law does not apply to: (1) independent contractors; or (2) individuals employed at work sites where the employer employs fewer than 15 employees if the total number of employees employed by that employer within a 75-mile radius of the work site is also fewer than 15.

Entitlement: 6 weeks of unpaid leave for birth of the employee's child or placement of the child with the employee for adoption or foster care. Employers, however, may deny the leave if "necessary to prevent substantial and grievous economic injury to the operations of the employer" and the employer gives notice of the denial to the employee prior to the commencement of the leave.

Employee Notice: Employers may require an eligible employee to give the employer written notice of the employee's intention to take parental leave at least 30 days before commencing parental leave. However, an eligible employee may begin taking parental leave without prior notice following a premature birth, unexpected adoption, or unexpected foster placement.

Obligation to provide certification or other supporting documents: Not specified.

Paid?: The leave is unpaid however, if the employers offers paid leave to an eligible employee and it is available, the employer may require, or employees may elect, to substitute paid leave for all or part of the parental leave. The new law also requires employers to pay any commissions resulting from work performed prior to the leave that become due during the leave period.

Benefits: Employers, who are already required to maintain health insurance coverage during the leave period but may recover the cost of the premiums from employees who do not return from leave except in circumstances beyond their control, may now recover the premiums by deducting them from employees' wages upon termination.

Reinstatement: Employers are barred from terminating employees during the leave period except for cause. Employees who take Maryland Parental leave are entitled to be reinstated to the same or equal position, unless the denial of reinstatement is for cause or is necessary to prevent substantial and grievous economic injury to the operations of the employer; the employer notifies the employee of the intent of the employer to deny restoration of the employee's position of employment at the time the employer determines that economic injury would occur; and in case of parental leave that has already begun, the employee elects not to return to employment after receiving notice of the employer's intention to deny restoration of the employee's position of employment.

Absence Specifications