Maryland FAMLI Leave Laws 2026
Last updated: · Source: Maryland labor department
Maryland · Leave Laws 2026
Federal FMLA
Applies (50+ employees)
State Leave Law
Maryland Family and Medical Leave Insurance
State Employer Threshold
15+
Paid Family Leave
Maryland FAMLI — up to $1,000/wk (not yet active)
Bereavement Leave
No mandatory law
FMLA in Maryland: Federal Leave Protections
Federal FMLA applies to every qualifying employee in Maryland the same way it applies nationwide: up to 12 weeks of unpaid, job-protected leave for employees who've worked 12+ months and at least 1,250 hours for an employer with 50+ employees within 75 miles.
Maryland FAMLI: Paid Family and Medical Leave
Maryland's Maryland Family and Medical Leave Insurance (MD FAMLI) extends job-protected leave to more workers than federal FMLA alone: it applies to employers with as few as 15 employees, versus the federal threshold of 50. Eligible employees can take up to 12 weeks of leave.
Eligibility test: 680 hours worked in a Maryland-based position during the 12 months (4 completed calendar quarters) before your claim — not a calendar-months-employed test. This is different from federal FMLA's 12-month + 1,250-hour test — don't assume the federal rule applies here.
MD FAMLI Benefits: How Much You'll Get Paid
Not yet paying benefits
Delayed by Maryland HB 102 (2025): payroll contributions begin January 1, 2027, and benefit payments begin no earlier than January 1, 2027 (possibly as late as January 2028). Not yet collecting contributions or paying claims.
Maryland FAMLI pays eligible workers approximately 90% of their wages, up to $1,000/week, for up to 12 weeks . The program was enacted since 2027-01-01.
| Weeks available | 12 |
| Wage replacement | 90% |
| Max weekly benefit | $1,000 |
| Covers bonding with a new child | Yes |
| Covers caring for a family member | Yes |
| Covers military family leave | No |
Maryland Bereavement Leave: What MD Law Requires
Maryland has no law requiring employers to provide bereavement leave. Most employers offer 3–5 days as a matter of policy, not legal obligation — check your employee handbook for your specific employer's bereavement policy. The Maryland Flexible Leave Act requires employers with 15+ employees to let workers use their OWN already-accrued paid leave (sick/vacation) for a family member's death — it does not grant a new bank of bereavement days.
How MD FAMLI and FMLA Work Together
When a leave qualifies under both federal FMLA and Maryland Family and Medical Leave Insurance, the two run concurrently — counting against both entitlements at the same time — and the employee gets whichever protection is more generous on each specific point (employer size, weeks, covered relationships).
Frequently Asked Questions
Yes. Federal FMLA applies to all qualifying employees in Maryland at covered employers (50+ employees within 75 miles), providing up to 12 weeks of unpaid, job-protected leave.
Yes. Maryland has Maryland Family and Medical Leave Insurance (MD FAMLI), which applies to employers with 15+ employees and provides up to 12 weeks of leave. To qualify: 680 hours worked in a Maryland-based position during the 12 months (4 completed calendar quarters) before your claim — not a calendar-months-employed test.
Yes. Maryland FAMLI provides up to 12 weeks of paid leave, replacing approximately 90% of wages up to a maximum weekly benefit of $1,000.
No. Maryland has no law requiring bereavement leave. Any bereavement leave is provided at the employer's discretion.
When a leave qualifies under both federal FMLA and Maryland Family and Medical Leave Insurance, the two typically run concurrently (at the same time), and the employee receives whichever protection is more generous on each specific point, such as employer size threshold or weeks available.