Effective October 1, 2025, Maryland employers covered by the federal Family and Medical Leave Act (FMLA) will no longer be required to comply with the state’s unpaid parental leave law, the Maryland Parental Leave Act (PLA). The PLA will now explicitly apply only to employers with 15 to 49 employees in Maryland.
This change, enacted through Senate Bill 785, streamlines compliance obligations by amending the definition of “employer” under the PLA, thereby reducing overlapping requirements for larger employers already subject to FMLA.
Background
Under the PLA, covered employers must provide eligible employees with up to six (6) weeks of unpaid parental leave for the birth, adoption, or foster placement of a child. To qualify for this leave, employees needed to have worked for a covered employer for at least 12 months and logged 1,250 hours in the prior 12 months before taking leave.
Next Steps for Employers
To ensure compliance with this updated legislation, employers should:
- Determine whether your organization is required to comply with the PLA or if it meets the FMLA definition of a covered employer. Under the FMLA, a covered employer is one that has 50 or more employees for at least 20 workweeks in the current or preceding calendar year and would therefore provide leave under that policy.
- Review and update your employee handbooks and leave policies to reflect this change, if your organization is now exempt from coverage.
- Clearly communicate any changes to parental leave eligibility and procedures to your employees.
