Domestic Violence Leave Laws in Maryland

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, applies to employers with 50 or more employees within 75 miles and permits eligible employees to take up to 12 weeks of unpaid leave in a 12-month period for specified family and medical reasons. While FMLA does not explicitly list domestic violence as a qualifying reason, courts and the Department of Labor recognize that employees may use FMLA leave for domestic violence-related absences, including safety planning, obtaining protective orders, attending medical appointments, or relocating.

The EEOC enforces FMLA at the federal level alongside the Department of Labor. To be eligible, an employee must have worked for the employer for at least 12 months, have worked at least 1,250 hours in the past 12 months, and work at a location where the employer has at least 50 employees within 75 miles. FMLA provides job protection—the employer must restore the employee to the same or an equivalent position upon return.

Federal law does not provide paid leave specifically for domestic violence, nor does it create a standalone cause of action for domestic violence leave denial. Remedies under FMLA include reinstatement, back pay, and damages for violations. However, many states have enacted more robust domestic violence leave laws.

Maryland Labor and Employment Article § 3-701 et seq. establishes broader protections than federal FMLA. Unlike FMLA, Maryland's law applies to employers with 15 or more employees (a lower threshold than FMLA's 50), and there is no 12-month tenure or 1,250-hour work requirement for eligibility.

Under Maryland law, employees may take reasonable unpaid leave for purposes related to domestic violence, sexual assault, or stalking, including: obtaining services from a domestic violence program or agency; obtaining medical care or mental health counseling; obtaining services from a victim services organization; securing housing; childcare or school activities; obtaining legal assistance, including obtaining a protective order; and attending court proceedings. The law defines "employee" broadly and applies to private and public employers.

Maryland's law is significantly stronger than FMLA in that it covers smaller employers (15+ employees versus 50+), has no tenure or hours-worked requirement, and explicitly names domestic violence leave as a protected category. The statute explicitly protects employees from retaliation under § 3-705, which prohibits termination, demotion, suspension, or any other adverse action based on the employee's request for or use of domestic violence leave.

Employers must maintain confidentiality of the employee's domestic violence status to the extent practicable. Maryland allows employees to use paid leave (vacation, sick time) concurrently with unpaid domestic violence leave if employer policy permits. The statute does not specify a maximum number of leave days, requiring only "reasonable" leave, which creates some ambiguity but generally favors employee flexibility.

Maryland's domestic violence leave law contains important limitations. The statute applies only to employers with 15 or more employees; employers with fewer than 15 employees are not legally required to provide leave under state law, though retaliation prohibitions may still apply in some circumstances. The leave must be "reasonable"—the statute does not define this, creating potential disputes over what duration is legally required.

Employees cannot be forced to use paid leave (vacation, sick time) for domestic violence purposes unless employer policy explicitly permits it, but if an employer's policy allows concurrent use, employees may be required to use accrued paid time first. The statute does not create a right to paid leave specifically for domestic violence; unpaid leave is the baseline unless the employer voluntarily provides paid benefits.

Employers are not required to provide leave if doing so creates undue hardship or operational burden, though "undue hardship" is not defined and Maryland courts have not extensively clarified this defense. Small employers (fewer than 15 employees) have minimal obligations under state law, though federal FMLA may apply if the employer meets federal size thresholds and other FMLA criteria are satisfied.

The law does not apply to independent contractors or employees in temporary positions of less than 90 days. Employees must provide notice to the employer, and an employer may require reasonable notice "where practicable," but emergency situations may excuse advance notice. The statute requires employee confidentiality but does not criminalize employer disclosure in all circumstances. Employers may require medical certification or reasonable verification of the need for leave in limited circumstances.

Step 1 — Document the Violation: Keep records of all communications requesting domestic violence leave (emails, texts, in-person requests with dates and witnesses). Document the employer's response, including any denial, delay, or adverse action (termination, demotion, schedule changes, negative evaluations). Save copies of your employment record, performance reviews, and any communications showing the temporal relationship between requesting leave and adverse actions. Maintain a timeline of events with dates, names of witnesses, and what was said. Take screenshots of digital communications and print emails.

Step 2 — Internal Complaint and Documentation: Before filing with an agency, request leave formally and in writing to your supervisor, manager, or HR department. State clearly that you need leave for domestic violence-related purposes and cite Maryland Labor and Employment Article § 3-701 if possible. Document the employer's response in writing; if the employer denies leave, ask why and request the denial in writing. Report any retaliation (disciplinary actions, schedule cuts, hostile treatment) to HR or the company's anti-retaliation officer. Keep copies of all internal communications. Internal complaints matter because they give the employer a chance to remedy the violation and create a documented record that strengthens your case if you later file with a government agency.

Step 3 — File with Maryland Department of Labor: Contact the Maryland Department of Labor, Wage and Hour Division, which investigates domestic violence leave violations and retaliation claims. File a complaint with the Maryland State Department of Labor at 1-410-767-2357 or online at www.mdol.maryland.gov. You do not need a lawyer to file. Provide the complaint form (available on the MDOL website), your name, address, phone number, the employer's name and address, dates of your leave requests, how the employer responded, and details of any adverse action. Include all documentation: emails, denial letters, evidence of retaliation, pay stubs showing schedule changes, performance evaluations, and witness names. The statute of limitations is not explicitly stated in the domestic violence leave statute, but a safe approach is to file within one year of the violation. The MDOL will conduct an investigation.

Step 4 — Agency Investigation and Resolution: After you file, the Maryland Department of Labor investigates within 30-60 days (timing varies). An investigator will contact the employer and request records, including the employer's domestic violence leave policy, your request, any written response, and personnel records. The investigator may interview you and your employer. If the MDOL finds a violation, it will attempt to resolve the matter through informal settlement; the employer may be required to restore leave, provide back pay, reinstate the employee, or remove disciplinary records. If the employer does not settle, you may file a civil action in Maryland circuit court for damages, attorney's fees, and other remedies. The MDOL can also refer the matter for enforcement action.

Step 5 — When to Consult an Attorney: Consult an employment attorney if the employer retaliates after you file with the MDOL, if the MDOL's investigation does not result in satisfactory resolution, if you were terminated after requesting leave, if you suffered significant lost wages or emotional harm, or if your employer is large and the case is complex. An employment law attorney specializing in workplace retaliation, discrimination, or wrongful termination can evaluate whether you have additional claims beyond domestic violence leave violations (such as disability discrimination, sex discrimination, or intentional infliction of emotional distress). Many employment attorneys work on contingency (you pay nothing unless you win).