Maryland Established Paid Family Leave Effective in 2025

On April 9, 2022, the Maryland Legislature passed the Time to Care Act of 2022, which created a Family and Medical Leave Insurance Program in Maryland. But the law does not go into effect until January 1, 2025. 

To be eligible for paid leave, Maryland employees must have worked at least 680 hours over the 12-month period immediately before the date on which the leave is to begin. Employers covered by the act include any person or governmental authority that employs at least one individual in the State of Maryland. 

Paid leave benefits will be available for the following covered reasons: 

1. to care for a child during the first year after the child’s birth or after the placement of the child through foster care, kinship care or adoption, 
2. to care for a family member with a serious health condition,
3. for the employee’s own serious health condition that results in them being unable to perform the functions of their position, 
4. to care for a service member who is the employee’s next of kin, or
5. for a qualifying exigency arising out of the deployment of a service member who is a family member of the employee.  

Covered employees are entitled to up to 12 weeks of paid leave in a year. However, employees may be eligible for up to 24 weeks of paid leave in a year if they qualify for both parental leave (for example, bonding with a new child) or medical leave due to their own serious health condition. Employees can receive up to 90% of their average weekly wages with a maximum weekly amount of $1,000.

Similar to the Family Medical Leave Act (FMLA), employees who go out on paid leave are entitled to job protection, meaning employers are required to restore the employee to an equivalent position of employment upon the expiration of the leave. The Time to Care Act also contains an anti-retaliation provision that prevents employers from taking any adverse action against any employee because the employee applied for, inquired about, or received paid leave benefits. Adverse actions include demotions, pay reduction, and termination.

As of now, there is no direct private cause of action. Maryland workers alleging a violation are required to file a written complaint with the Maryland Department of Labor, which then has 90 days to investigate and attempt to resolve the issue informally through mediation. If the Department determines that the employer violated the Act and mediation fails, the Secretary will issue an order, which may provide lost benefits and wages, reinstatement, and a civil penalty of up to $1,000 per employee affected by the violation. Employees must bring any enforcement action within three years from the date the order was issued.

If you believe your worker rights have been violated by your employer, the lawyers at Lebau & Neuworth may be able to help. For more information, contact us at (410) 296-3030 or lebauneuworth.com/contact-us.