A recent change to Maryland’s employment law will have a big impact on how parental leave is handled across the state. Beginning October 1, 2025, businesses that are already covered by the federal Family and Medical Leave Act (FMLA) will no longer need to comply with Maryland’s separate parental leave law. This change is designed to streamline obligations for certain employers, but it also raises questions for workers trying to understand what leave protections they still have.
Maryland’s Parental Leave Act (PLA) was originally created to give employees at small-to-mid-sized companies access to unpaid, job-protected time off when welcoming a new child through birth, adoption, or foster care. The law applied to businesses with at least 15 but fewer than 50 employees. Workers had to meet certain eligibility criteria, like having worked a minimum number of hours over the past year, to qualify.
While the PLA aimed to fill in the gaps left by the federal FMLA, it also created overlapping rules for some employers—especially those hovering near the 50-employee threshold.
With the signing of Senate Bill 785, the law has been updated to exclude companies that are already covered by FMLA—even if they fall below the 50-employee threshold this year. What matters is whether a business met the FMLA’s headcount requirement (50 or more employees for at least 20 workweeks) in the current or previous year. That’s because coverage under FMLA is based on employee counts across a 12-month period, not a single point in time.
For employers, this shift simplifies compliance—no more juggling two sets of parental leave rules. For workers, it means your rights may now hinge solely on the FMLA, especially if you’re employed at a company that fluctuates near that 50-person threshold.
It’s also important to remember that even if your company currently has fewer than 50 employees, it could still be considered an FMLA-covered employer if it met the employee count requirement earlier in the year or the previous one.
Understanding Your Rights Going Forward
If you’re unsure whether your company still has to provide state-level parental leave—or if you’re trying to navigate a denied leave request—it’s a good idea to get legal advice. The overlap between federal and state laws can be tricky, especially when company size and eligibility requirements come into play.
Whether you're evaluating your eligibility for job-protected leave, navigating FMLA-related issues, or concerned about potential workplace retaliation for requesting time off, our team at Lebau & Neuworth can help clarify your options.
At Lebau & Neuworth, we’ve seen how important clear parental leave protections are for Maryland workers. If you're unsure about how this change applies to you—or whether your employer is handling leave requests properly—we're here to help. You don’t have to navigate workplace laws on your own. Reach out to our team for experienced, straightforward legal guidance.
