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Feb16

FMLA in Maryland

Must an employer in Maryland offer FMLA to its employees?

The federal Family & Medical Leave Act (FMLA) entitles eligible employees of covered employers up to 12 weeks of unpaid, job protected leave in a 12-month period for certain family and medical reasons, and up to 26 weeks of leave in a 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

An eligible employee is one who works for a covered employer, has worked for the employer for at least 12 months, has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave, and works at a location where the employer has at least 50 employees within 75 miles.

A covered employer is a private-sector employer with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer; a public agency, including a local, state, or Federal government agency, regardless of the number of employees it employs; or a public or private elementary or secondary school, regardless of the number of employees it employs.

Maryland employers, like employers in every state, are subject to the FMLA if they meet the criteria for a covered employer under the law.

In addition to the rights provided to employees under the FMLA, employees in Maryland also have the right to take leave for adoption and for a family member’s military service under state law.

This entry was posted on Thursday, February 16th, 2017 at 7:58 pm and is filed under
Labor Laws.
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