| Update Applicable to: | Effective Date |
| All Employers with 15 but No More Than 49 employees | October 1, 2025 |
What happened?
On May 6, 2025, Governor Wes Moore signed SB 785, clarifies that employers covered by the federal Family and Medical Leave Act (FMLA) are exempt from the Maryland Parental Leave Act requirements.
Overview:
Simplified Compliance for Employers: This means that businesses already adhering to FMLA regulations, which apply to employers with 50 or more employees, do not need to provide additional state-mandated parental leave. For smaller businesses with 15 to 49 employees, the requirement to offer up to six weeks of unpaid leave for childbirth, adoption, or foster care placement remains, unless they are covered by the FMLA.
Impact:
- Cost Savings: Potential reduction in administrative and compliance costs for businesses.
- Purpose: This legislative change aims to streamline compliance, reduce administrative burdens, and eliminate confusion between state and federal leave laws.
Additional Details:
Amendments:
- Employer Definition: Employers with 15 to 49 employees in Maryland must provide up to six weeks of unpaid leave for childbirth, adoption, or foster care placement. However, if an employer is covered by the FMLA, they are exempt from this state requirement.
- Employee Eligibility: To be eligible for parental leave, employees must have been employed for at least 12 months and have worked at least 1,250 hours in the previous 12 months.
- Clarification: This bill aims to reduce confusion for employers who might otherwise be subject to both state and federal leave laws.
Source References
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