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Technical fix proposed to clarify interaction between Maryland parental leave law and FMLA
Summary
Senate Bill 785 would amend Maryland's parental leave statute to clarify coverage for employers near the federal FMLA 50-employee threshold, preventing overlapping or stacked unpaid leaves; sponsor described the change as a technical correction and said there was no opposition from the Department of Labor.
Senator Justin Reedy presented Senate Bill 785 to the Economic Matters Committee as a technical correction to Maryland's parental leave law. Reedy said the bill clarifies how Maryland's unpaid parental leave for employers with 15 to 49 employees interacts with the federal Family and Medical Leave Act (FMLA), which applies to employers with 50 or more employees.
Reedy explained the issue involves timing and differing definitions of a "year" for administering leave: Maryland law provides six weeks of leave in a year but does not define the applicable 12-month period in the same way FMLA does, and employers that cross the 50-employee threshold can experience confusion about whether leaves stack or run concurrently. The bill's amendment adds language to state law specifying that an employer is covered under the 15-to-49-employee provision only if the employer "is not covered under the Federal Family and Medical Leave Act for the current calendar year," which the sponsor said would reduce uncertainty for human-resources professionals.
Committee members asked about administrative implementation and whether the Department of Labor participated; the sponsor said the department did not oppose the bill and that the change is meant to be a technical fix. No formal vote on SB 785 was recorded during the hearing.
