Bereavement Leave Laws in Maryland: What Employers Must Allow

The federal government does not mandate private employer bereavement leave. However, the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, permits eligible employees at covered employers (50+ employees) to take up to 12 weeks of unpaid, job-protected leave for certain qualifying reasons, including funeral attendance and making arrangements related to a death. Additionally, 5 U.S.C. § 6327 requires federal agencies and federal contractors to provide eligible employees up to 3 days of paid bereavement leave for the death of an immediate family member (spouse, child, or parent) and up to 1 day for other relatives.

The EEOC and Department of Labor do not enforce bereavement leave as a separate right, but FMLA violations may be pursued through the Department of Labor Wage and Hour Division. Many private employers voluntarily offer bereavement leave as part of employee benefits or company policy, but no federal law mandates this for private sector employers with fewer than 50 employees. Remedies under FMLA include reinstatement, back pay, and damages for interference with FMLA rights.

Maryland does not have a mandatory paid bereavement leave statute. Maryland Labor and Employment Code § 3-505 provides for family leave (up to 6 months unpaid for qualifying events), but this statute does not specifically mandate bereavement leave at the state level. Unlike some neighboring states such as New York and Pennsylvania, Maryland has not passed legislation requiring employers to provide paid bereavement leave.

However, Maryland employers with 50 or more employees must comply with the federal Family and Medical Leave Act (FMLA). Under FMLA, Maryland employees may use unpaid leave to attend a funeral, make funeral arrangements, or grieve the death of an immediate family member. This means covered Maryland employees can potentially take unpaid leave under FMLA protections, though this is federal law rather than state law.

Many Maryland employers, particularly larger corporations, offer bereavement leave as a voluntary benefit in their employee handbooks or collective bargaining agreements. Some employers offer 3 to 5 days of paid bereavement leave for immediate family members (spouse, child, parent, sibling) and 1 to 3 days for extended family. State and local government employers in Maryland often provide bereavement leave under their personnel policies, though this is not mandated by statute.

The key difference between Maryland and stronger protections in other states is that Maryland does not statutorily require private employers to grant paid bereavement leave. Employees must rely on employer policy, FMLA eligibility, or use of accrued paid time off. Employees should review their employee handbook or contact their human resources department to determine if their employer offers bereavement leave.

Maryland has no statutory bereavement leave requirement, so exceptions are limited to voluntary employer policies and federal law protections. FMLA exemptions apply: employers with fewer than 50 employees are not covered, employees must have worked there for at least 12 months and 1,250 hours in the past 12 months, and the death must be of an immediate family member (spouse, child, parent, or in-law in some cases). At-will employment principles mean employers can terminate employees for taking unpaid bereavement leave if the employer does not have a written policy protecting such leave and FMLA does not apply.

Employers may place restrictions on bereavement leave such as requiring advance notice, limiting the number of days, or restricting use to immediate family only. Some employers require proof of death such as a death certificate or funeral program. Union employees in Maryland may have bereavement leave rights negotiated in their collective bargaining agreement. Employees who are independent contractors or classified as at-will workers without FMLA protection have no guaranteed right to bereavement leave unless the employer's written policy explicitly provides it. Remote or part-time employees may face eligibility questions if FMLA coverage is unclear based on hours worked.

Step 1: Document your need for bereavement leave. Retain the death certificate, funeral program, or obituary. Keep written communication (email, text) with your employer about your request for leave. Note the date of the death, your relationship to the deceased, and the date you requested leave. Save copies of your employee handbook or any written policy stating bereavement leave benefits.

Step 2: Request bereavement leave in writing from your employer if possible. Email your supervisor or human resources department stating the family member's name, date of death, your relationship, and the dates you need to be absent. Ask for written confirmation of whether bereavement leave is approved and whether it is paid or unpaid. If your employer denies bereavement leave and you believe you qualify under FMLA, request FMLA leave in writing or reference FMLA eligibility.

Step 3: File a complaint with the appropriate agency if your employer violates FMLA rights or if retaliation occurs. The Department of Labor Wage and Hour Division handles FMLA complaints. Visit www.dol.gov/agencies/whd/fmla or call 1-866-4-USDOL (1-866-487-3652). You must file within 2 years of the violation (or 3 years if willful). Provide your name, employer name, dates of employment, the death date, when you requested leave, how your employer responded, and whether you were disciplined or terminated.

Step 4: Expect the DOL to investigate your claim, which may take 30-90 days. The Wage and Hour Division will contact your employer for their records and may conduct interviews. You may receive requests for additional documentation. The investigation process is administrative, not adversarial, and you do not need to appear in person. If a violation is found, the DOL will attempt to reach a settlement with your employer.

Step 5: Consult an employment attorney if your employer retaliates against you for requesting bereavement leave, if you are terminated during or after bereavement leave, or if the DOL investigation is unsuccessful. Contact the Maryland State Bar Association Lawyer Referral Service at 410-685-7878 or visit www.msba.org. An attorney can file a private lawsuit under FMLA for back pay, front pay, reinstatement, and damages. Many Maryland employment attorneys work on contingency for FMLA retaliation cases.