Paternity Leave Laws in Maryland: Your Rights as a New Parent

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., is the primary federal law providing paternity leave protection. FMLA covers private employers with 50 or more employees, as well as all public employers, regardless of size. The law entitles eligible employees to 12 weeks of unpaid leave during a 12-month period for the birth of a child and to bond with the newborn.

To be eligible, an employee must: (1) work for a covered employer, (2) have been employed for at least 12 months, (3) have worked at least 1,250 hours in the past 12 months, and (4) work at a location where the employer has at least 50 employees within 75 miles. During FMLA leave, employers must maintain the employee's health insurance benefits on the same terms as if the employee were actively working. Upon return from leave, the employee must be restored to the same or an equivalent position.

The Department of Labor (DOL) enforces FMLA. Remedies for violations include recovery of back pay, liquidated damages equal to the amount of back pay, and attorney's fees and costs. An employee can file a complaint with the DOL Wage and Hour Division or file a private lawsuit in federal or state court. The statute of limitations is two years (three years for willful violations).

Maryland has no state law that mandates paid paternity leave for private sector employees. The state does not extend or expand upon federal FMLA protections for paternity leave beyond what the federal statute provides. Maryland Government Code Annotated § 3-701 et seq. sets out the general employment law framework, but does not include a standalone paternity leave mandate.

However, Maryland does offer paid parental leave to its own employees. State employees in Maryland are entitled to take paid leave for the birth of a child, paid from the employee's accrued paid leave balance (annual leave or sick leave). This is an executive branch benefit and does not apply to private employers. Maryland does not have a state-level paid family leave program like California or New York.

Private employers in Maryland are only bound by federal FMLA if they meet the 50-employee threshold. Employers with fewer than 50 employees are not legally required to provide any paternity leave under state or federal law, though some choose to do so voluntarily. Some larger Maryland employers and public sector employers do offer paid paternity leave as part of competitive benefits packages, but this is a voluntary business practice, not a legal requirement.

Maryland's approach is weaker than federal law in that it provides no independent state protection; the state relies entirely on FMLA for private sector workers. However, Maryland does recognize paternity leave as a benefit for state employees, showing state-level acknowledgment of the importance of leave for fathers.

FMLA does not apply to all employers. Private employers with fewer than 50 employees are not covered by FMLA and have no legal obligation to provide paternity leave in Maryland. Federal employees are covered by FMLA but also have access to additional federal employee leave benefits under 5 U.S.C. § 6382. Military servicemembers may qualify for military caregiver leave under FMLA if the child's other parent is on military orders, but this is a narrow exception.

An employee must meet all four eligibility criteria: covered employer, 12 months of employment, 1,250 hours worked in the past 12 months, and work at a location with 50+ employees within 75 miles. If an employee fails to meet even one criterion, FMLA does not apply. Intermittent workers or those on part-time schedules may fail the 1,250-hour threshold and lose eligibility.

Employers can require that paternity leave be taken concurrently with other accrued paid leave (vacation, sick leave) if state law permits. In Maryland, employers can impose this requirement as a condition of taking paid leave, though the unpaid FMLA leave itself cannot be conditioned on exhausting other leave first. Some employers also condition paternity leave on the employee providing notice within a required timeframe (typically 30 days for foreseeable birth).

Unions and collective bargaining agreements may provide stronger paternity leave rights, and those agreements supersede the baseline FMLA protections. Public sector employees may have different entitlements under state or local rules. Employers can also establish stricter attendance or documentation requirements for leave, such as requiring medical certification of birth.

Step 1 — Document Everything: Keep copies of your written request for paternity leave, including the date, method of submission (email preferred), and the content describing your need for leave and expected duration. Save all emails or written communications with HR or your manager regarding the leave request. Document the date your child was born (birth certificate or hospital paperwork). Keep records of when you were told you were ineligible or denied leave, and by whom. If you were terminated, reduced hours, or experienced retaliation after requesting leave, document dates, times, and any witnesses. Maintain a timeline showing when you requested leave, what the employer said, and what actually happened.

Step 2 — Internal Complaint Process: Before filing externally, submit a formal written request for paternity leave to your Human Resources department. Use the words "FMLA leave" or "paternity leave" explicitly in your request to ensure it is treated as a legal claim. Request written confirmation that your request was received and how it will be processed. Ask HR for a written response stating whether you are eligible, what documentation is required, and when your leave will begin. If HR denies the request, ask for the specific reason in writing. If the denial seems illegal (e.g., "we don't give paternity leave"), respond in writing that you are requesting FMLA leave as a federal right. This internal step is not required by law, but it creates a paper trail and sometimes resolves the issue before litigation.

Step 3 — File with the Department of Labor: If your employer violates FMLA rights, contact the U.S. Department of Labor Wage and Hour Division. Maryland does not have a state agency that enforces FMLA; the DOL enforces it nationwide. File at the DOL Wage and Hour Division office serving your area: www.dol.gov/agencies/whd/fmla. You can also file online at www.dol.gov/agencies/whd/contact. Include your name, address, phone number, employer name and address, your job title, the date of the alleged violation, what happened (denial of leave, termination after requesting leave, docking pay), and the names of witnesses if any. There is no filing fee. You have 2 years from the violation to file (3 years if the violation was willful). You may also file a private lawsuit in Maryland federal or state court instead of, or in addition to, filing with DOL.

Step 4 — The Investigation Process: After you file a DOL complaint, the Wage and Hour Division will contact your employer and request documentation about your employment, the leave request, hours worked, and the employer's response. The investigation typically takes 30 to 90 days, though it can extend longer if the case is complex. DOL may interview you and your employer. The employer will provide the Wage and Hour investigator with personnel records, timekeeping records, and written policies on leave. You will have an opportunity to provide additional information or clarification. DOL will determine whether your employer violated FMLA. If a violation is found and the employer will not voluntarily pay damages, DOL may refer the case to the Department of Justice for legal action, or you can pursue a private lawsuit.

Step 5 — Consult an Attorney: If your employer denied leave or terminated you for requesting paternity leave, consult an employment law attorney in Maryland. Many FMLA cases involve retaliation (firing after requesting leave), which increases damages and attorney's fees. An attorney can evaluate whether you have a strong claim, estimate potential damages (back pay, liquidated damages equal to back pay, attorney's fees), and advise whether settlement is likely or litigation is necessary. Many employment attorneys work on a contingency basis for FMLA cases, meaning you pay nothing upfront and the attorney is paid from any settlement or judgment. Contact the Maryland State Bar Association (www.msba.org) for a referral to an employment law specialist.