Maternity Leave Laws in Maryland: Your Full Entitlements

The Family and Medical Leave Act (FMLA), codified at 29 U.S.C. § 2601, provides eligible employees at covered employers with 12 weeks of unpaid, job-protected leave in a 12-month period for specified reasons, including the birth of a child and bonding with a newborn. The law applies to private employers with 50 or more employees, as well as all public employers.

To qualify, an employee must have worked for the employer for at least 12 months and have worked at least 1,250 hours in the past 12 months at a worksite where the employer has at least 50 employees. During FMLA leave, employers must maintain health insurance coverage on the same terms as if the employee were actively working, and the employee retains the right to return to the same or an equivalent position.

The Pregnancy Discrimination Act (PDA), part of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 1983), requires employers to treat pregnancy, childbirth, and related medical conditions the same as other conditions affecting working ability. The Equal Employment Opportunity Commission (EEOC) enforces both FMLA and pregnancy discrimination claims. FMLA violations are also enforced by the U.S. Department of Labor.

Maryland law does not establish a separate paid maternity leave requirement for private-sector employees beyond what federal law provides under FMLA. However, Maryland Annotated Code § 14-101 et seq. protects pregnant employees from discrimination and establishes a duty to reasonably accommodate pregnancy-related conditions.

Under Maryland law, employers may not discriminate against employees based on pregnancy, childbirth, or pregnancy-related conditions in hiring, compensation, job placement, promotion, or any other term or condition of employment. This protection applies to employers with one or more employees, making it broader than federal FMLA's 50-employee threshold. Maryland law requires employers to provide reasonable accommodations for known limitations related to pregnancy, such as modified work schedules, additional breaks, or temporary reassignment to less strenuous duties.

Maryland state employees are covered by different rules: full-time state employees are entitled to use accrued paid leave (sick leave, vacation, or personal leave) for maternity-related absences and may be eligible for unpaid leave beyond FMLA in certain circumstances. However, this applies only to state government workers, not private-sector employees.

Unlike some states, Maryland has not enacted a mandatory paid family leave program. Paid maternity leave depends entirely on individual employer policies. Some larger employers offer paid leave voluntarily, but there is no state law requiring it. Maryland employees should review their employee handbooks or consult with Human Resources to determine what paid leave, if any, is available. The key difference from federal law is that Maryland's accommodation requirement applies to all employers regardless of size, whereas FMLA only covers employers with 50+ employees.

FMLA does not apply if your employer has fewer than 50 employees, even in Maryland. You must have worked for the employer for at least 12 months and have worked 1,250 hours in the past 12 months; time on unpaid leave does not count toward the 1,250-hour requirement. If your employer is not FMLA-covered, you may still have Maryland pregnancy accommodation protections if the employer has at least one employee.

Maryland law does not require paid leave; employers may legally offer unpaid maternity leave only. Accrual of paid sick leave or vacation during maternity leave is determined by employer policy, not by state law. If an employee is on leave when an employer conducts a reduction in force or layoff, the employee typically has no greater protection under Maryland law than other similarly situated employees, although FMLA does require reinstatement to the same or equivalent position if the employee returns within the protected 12-week period.

Self-employed individuals and independent contractors are not covered by FMLA. Federal contractors may have additional paid leave requirements under federal procurement rules, but general private-sector employees do not. Employees in states like California, New York, and New Jersey have access to state-paid family leave programs, but Maryland does not. At-will employment remains the default rule in Maryland; maternity leave does not create an exception to at-will status, and employees can be terminated for legitimate, non-discriminatory reasons during or after maternity leave. Union employees may have collective bargaining agreements that provide more generous leave terms.

Step 1: Document everything related to your pregnancy, leave request, and employer's response. Keep copies of your maternity leave request email, the employer's written response (or lack thereof), your job offer letter showing eligibility, pay stubs showing hours worked, and any communications regarding your return date. If your employer denies accommodation or leave, save all relevant emails and notes with dates and the names of people involved. Record the dates you informed your employer of your pregnancy and when you requested leave.

Step 2: Make an internal complaint to Human Resources or your direct manager if you have not already done so. Put your request for maternity leave or pregnancy accommodation in writing (email is acceptable) and request written acknowledgment of receipt. State clearly what accommodation or leave you are requesting and when you need it to begin. Give the employer a reasonable opportunity to respond, typically 5-10 business days. This creates a documented record and gives the employer a chance to correct the problem before you file an external complaint.

Step 3: If your employer is FMLA-covered (50+ employees) and denies FMLA leave or retaliates for requesting it, file a complaint with the U.S. Department of Labor Wage and Hour Division (WHD). Visit www.dol.gov/agencies/whd/contact or call 1-866-4-USDOL (1-866-487-3653). Provide your name, the employer's name and address, dates of employment, the specific leave request and denial or violation, and the names of witnesses. You have up to 2 years to file (3 years for willful violations). The WHD will investigate at no cost to you.

If your employer is not FMLA-covered but has at least one employee, or if you believe your pregnancy accommodation was denied, file a complaint with the Maryland Commission on Civil Rights (MCCR). Visit mccr.maryland.gov or call 410-767-8600. You do not have a specific deadline to file with the MCCR, but prompt filing (within a few months) is advisable. Provide a detailed written or verbal complaint describing the discrimination or accommodation denial, dates, involved parties, and what remedy you seek.

Step 4: Expect the investigating agency to contact your employer for their side of the story. The investigation typically takes 60-90 days for preliminary review, though complex cases may take longer. The DOL may request additional documents such as your employment records, leave policies, and communications. The MCCR will assign an investigator who will contact both you and your employer. You may be asked to provide additional information or participate in a phone or in-person interview. Retaliation by your employer during the investigation is illegal.

Step 5: Consult an employment attorney if your employer retaliates against you for complaining, if the agency investigation finds in your favor and you want to pursue damages, or if your employer is not FMLA-covered and you need help navigating Maryland law. An attorney can help you understand your options for settlement, litigation, or administrative proceedings. Many employment attorneys offer free initial consultations and work on contingency (you pay only if you win). Contact the Maryland State Bar Association at 410-685-7878 for referrals.