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Maryland Enacts Paid Family and Medical Leave Law

by | Apr 28, 2022 | Employment & Labor Law

Beginning on January 1, 2025, under the Time to Care Act of 2022, paid leave will be available to eligible Maryland employees for family leave, medical leave, and family military leave.

Five Key Takeaways

  • Covered Employers. The Act covers the majority of employers in Maryland and is funded through a payroll tax that is scheduled to begin on October 1, 2023.
  • Covered Reasons for Leave. Leave benefits will be available for the following covered reasons:
    • To care for a child during the first year after the child’s birth or after the placement of the child through foster care, kinship care, or adoption,
    • To care for a family member with a serious health condition;
    • For the employee’s own serious health condition that results in the employee being unable to perform the functions of his or her position;
    • To care for a service member who is the employee’s next of kin; or
    • For a qualifying exigency arising out of the deployment of a service member who is a family member of the employee.
  • Amount of Leave. Eligible employees will receive 12 weeks of benefits in an application year. However, an employee could receive 24 weeks of benefits if the individual qualifies for both parental leave and medical leave due to their own serious health condition in the same application year.
  • Benefit. The Act provides for partial wage replacement of up to 90% of the employee’s average weekly wages, with a maximum weekly benefit amount of $1,000.
  • Job Protection. Employers are required to restore an employee to an equivalent position of employment upon the expiration of the leave. Employers may only terminate an employee on leave “for cause” and can deny the employee’s restoration rights if the denial is necessary to prevent “substantial and grievous” economic injury to the employer’s operations.

Amber Orr is a Senior Associate at Berenzweig Leonard. She can be reached at [email protected].