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Federal Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act (FMLA) is a federal law that entitles eligible employees up to 12 weeks of unpaid leave for specified family and medical reasons. Below are some common questions about FMLA eligibility and benefits. If you have further questions about your rights under FMLA, consult with an attorney or your employer.
Read the law: U.S. Code, Title 29 § 2601 et seq.
To be eligible for FMLA benefits, an employee must:
- Work for an employer covered by the law;
- Have worked for the employer for at least 12 months; and,
- Have worked at least 1,250 hours over the previous 12 months.
To be covered under the law, your employer must employ 50 or more employees. In addition, the employees must have worked each working day during each of 20 or more calendar workweeks during the current or preceding calendar year. Public agencies are considered employers under FMLA.
NOTE: If you work at a worksite with less than 50 employees, and the total number of employees employed by your employer within 75 miles of your worksite is less than 50, you may not be eligible for leave under the FMLA.
Read the law: U.S. Code, Title 29 § 2611
When can you take leave?
Generally, you can take up to 12 work weeks of leave during any 12-month period. Leave can be taken for one or more of the following reasons.
- birth of your child and your need to provide care for the child. (Must be taken within 12 months of birth)
- placement of an adopted or foster child with you. (Must be taken within 12 months of placement)
- To care for a spouse, son, daughter, or parent with a serious health condition.
- If you have a serious health condition that makes you unable to perform your job duties.
The term “serious health condition” is an illness, injury, impairment, or physical or mental condition that involves:
- inpatient care in a hospital, hospice, or residential medical care facility; or
- continuing treatment by a health care provider.
Read the law: U.S. Code, Title 29 § 2611, § 2612
Military Family Leave
The FMLA allows eligible employees to take up to 26 workweeks of unpaid leave in a 12-month period to care for a spouse, child, or parent who is a servicemember if that servicemember has a serious injury or illness.
Read the law: U.S. Code, Title 29, § 2612(a)(3)
Do you have to take all of the leave at once?
No, leave for eligible employees under FMLA does not have to be taken all at once. Leave can be taken intermittently when medically necessary to care for yourself or a seriously ill spouse, son, daughter, or parent. You will not lose the unused leave by taking the leave in segments. Leave for the birth or care of a child, or for placement of a foster care child with you, can be taken intermittently only with your employer’s approval.
Read the law: U.S. Code, Title 29 § 2612(b)(1)
Can my employer ask me to switch positions within the company?
In some cases, yes. Your employer may require you to temporarily transfer to another position if:
- you have requested intermittent leave for personal medical reasons or to take care of a seriously ill family member; and,
- your leave is foreseeable due to planned medical treatment.
Your employer can only transfer you to a position that:
- you are qualified for;
- has the same pay and benefits; and,
- is better suited for taking periodic leave than your regular position.
Read the law: U.S. Code, Title 29, § 2612(b)(2)
Will I have to use any of my vacation time that I have accrued?
If an employer provides you with paid leave, your employer can require you to substitute paid leave for any part of the period of FMLA leave. Your employer may require you to use your accrued vacation, sick leave, or personal leave.
NOTE: If your employer does not require you to substitute paid leave, you can elect to do so. Leave under FMLA is unpaid leave. So, if you need income during your FMLA leave, you may want to consider using your accrued paid leave.
Read the law: U.S. Code, Title 29 § 2612(d)(2)(A)
Do I get paid for the time I am on leave?
FMLA only requires unpaid leave. If your employer provides less than 12 weeks of paid leave (such as vacation, personal leave, etc.), then they are not required to pay you the difference.
Read the law: U.S. Code, Title 29 § 2612(d)(1)
When must you let your boss know that you are taking leave?
If you and your spouse are taking leave for the birth, or placement of a child, or in order to take care of a sick parent, then your employer may only allow you and your spouse together a total of 12 weeks of leave.
- If you are taking FMLA leave for an expected birth or placement of a foster child and know the expected due or placement date, you should provide your employer with at least 30 days advance notice of the date you intend to begin leave.
- If the date of birth or placement is unexpected and requires your leave to begin in less than 30 days, you should give your employer as much notice as possible.
- If you are taking FMLA leave for planned medical treatment, you should give your employer at least 30 days advance notice of the date you need to leave to receive treatment. You should also try to schedule treatment so it does not disrupt your employer's operations.
- If your FMLA leave is due to medical treatment that must begin in less than 30 days, you should give your employer as much notice as possible.
- If your FMLA leave is due to the active duty of a servicemember, and you have foreseeable knowledge of the need for leave, you should provide your employer with notice that is reasonable and practicable
Absent unusual circumstances, you must comply with your employer's usual and customary notice and procedural requirements when requesting leave.
Read the law: U.S. Code, Title 29 § 2612(e)
What if both spouses work for the same employer?
If you and your spouse both work for the same employer, your employer may limit the amount of leave you and your spouse can take to a total of 12 weeks between both of you. For example, if you and your spouse are eligible for leave for the birth, or placement of a child, or in order to take care of a sick parent, your employer may only allow you to take 6 weeks of leave and your spouse to take 6 weeks of leave. That is, you and your spouse together can take a total of 12 weeks of leave.
Read the law: U.S. Code, Title 29 § 2612(f)(1)
Maryland's Parental Leave Act (MPLA)
Maryland’s Parental Leave Act (MPLA) requires certain employers in Maryland to provide eligible employees with 6 workweeks of unpaid parental leave benefits, during any 12-month period, for the birth, adoption, or foster placement of a child. Employers required to provide unpaid parental leave benefits are employers with between 15 to 49 employees. Below are some common questions regarding eligibility and benefits under the MPLA. If you have further questions about your rights under MPLA, consult with an attorney or your employer.
Read the Law: Md. Code, Labor and Employment, Title 3, Subtitle 12
Who is an employer?
An "employer" is an organization that employs 15-49 individuals in the state of Maryland for each working day during each of the 20 or more calendar workweeks in the current or preceding calendar year.
Read the law: Md. Code, Labor and Employment § 3-1201
Who is an eligible employee?
An “eligible employee” is one who has asked that the employer provide parental leave and who, as of the date that the requested parental leave begins, will have been employed by that employer for at least:
- 12 months AND
- 1250 hours during the previous 12 months.
The term “eligible employee” does not include independent contractors or individuals who are employed at a work site where the employer employs less than 15 employees within 75 miles of the work site.
Read the Law: Md. Code, Labor and Employment § 3-1201
How much notice is required?
The MPLA does not include a specific notice requirement. However, under the MPLA, your employer may require that you provide written notice of your intention to take parental leave at least 30 days before the leave starts. There are exceptions to the notice requirement for premature births, unexpected adoptions, or unexpected foster placements.
Read the Law: Md. Code, Labor and Employment § 3-1203
What if my employer provides paid leave?
Similar to the FMLA, if an employer provides you with paid leave, your employer may require you to substitute paid leave for any part, or all of, the period of parental leave. You can also elect to substitute paid leave. If you need income during your MPLA leave, you may want to consider using your accrued paid leave.
Read the Law: Md. Code, Labor and Employment § 3-1202(c)
Insurance coverage requirements
When you are out on eligible MPLA leave, your employer must maintain your coverage under the employer’s group health plan as if you were not out on leave. If you do not return to work at the end of the leave period, your employer may recover the premium that they paid for maintaining coverage for you during the period of parental leave.
NOTE: An employer cannot recover premiums for health care coverage if an employee fails to return to work because of circumstances beyond their control.
Read the Law: Md. Code, Labor and Employment § 3-1205
When the employer can deny the leave
Under the MPLA, an employer may deny unpaid parental leave to an eligible employee if:
- the denial is necessary to prevent substantial and grievous economic injury to the operations of the employer; and
- the employer notifies the employee of the denial before the employee begins taking the leave.
Read the Law: Md. Code, Labor and Employment § 3-1202(b)
What happens when I return to work?
You are entitled to return to the position you held when parental leave began or to an equivalent position. An equivalent position is one that has equivalent pay, employment benefits, and other terms and conditions of employment.
There are some exceptions. Your employer may deny returning you to your former position if:
- it is necessary to prevent substantial and grievous economic injury to the employer's operations;
- the employer notifies you of their intent not to restore your position at the time that they determine that economic injury would occur; and,
- if parental leave has already begun, the employee elects not to return to employment after receiving notice of the employer's intention to deny restoration of the employee's position of employment.
Read the law: Md. Code, Labor and Employment § 3-1204
Can I be fired during the parental leave?
During the parental leave period, the employer may only terminate the employment for cause.
Read the law: Md. Code, Labor and Employment § 3-1204