Maryland Bereavement Leave Laws

In Maryland, bereavement leave policies are influenced by both state legislation and individual employer practices. The Maryland Flexible Leave Act (MFLA) plays a pivotal role in defining employees’ rights regarding the use of paid leave for bereavement purposes. This article provides a comprehensive overview of bereavement leave in Maryland, addressing key aspects such as eligibility, qualifying events, duration, and compensation.

What is Paid Bereavement Leave?

Paid bereavement leave refers to the time off granted to employees following the death of an immediate family member, during which they receive their regular wages. This leave allows individuals to grieve, attend funeral services, and manage related personal affairs without financial hardship.

Does Maryland Have Bereavement Leave Laws That Differ from Federal Bereavement Leave Laws?

Yes, Maryland has specific provisions under the MFLA that differ from federal laws. Effective October 1, 2021, the MFLA was amended to authorize employees of employers with 15 or more individuals to use “leave with pay” for bereavement purposes upon the death of an immediate family member. This state-specific legislation allows employees to utilize their accrued paid leave for bereavement, a provision not mandated by federal law. 

What Counts as a Qualifying Event for Bereavement Leave in Maryland?

Under the MFLA, a qualifying event for bereavement leave is the death of an immediate family member, defined as a child, spouse, or parent. This includes biological, adopted, foster children, stepchildren, legal wards, and individuals standing in loco parentis. 

Are There Requirements to be Eligible for Bereavement Leave in Maryland?

Eligibility under the MFLA requires that:

• Employer Size: The employer must have 15 or more employees.
• Accrued Paid Leave: The employee must have earned paid leave available, such as sick leave, vacation time, paid time off, or compensatory time.

The MFLA does not obligate employers to provide additional paid leave but allows employees to use their existing accrued paid leave for bereavement purposes. 

How Much Bereavement Leave Time are Employees Entitled to in Maryland?

The MFLA does not specify a set amount of bereavement leave. The duration is determined by the amount of accrued paid leave the employee has and the employer’s policies. Employers may establish their own guidelines regarding the amount of leave permissible for bereavement purposes.

Who is Considered Immediate Family for Bereavement Leave in Maryland?

For the purposes of the MFLA, “immediate family” includes:

• Child: Biological, adopted, foster child, stepchild, legal ward, or a child for whom the employee stands in loco parentis.
• Parent: Biological, adoptive, foster parent, stepparent, legal guardian, or an individual who stood in loco parentis to the employee.
• Spouse: A husband or wife as recognized under state law.

Is Bereavement Leave Required to be a Paid Leave in Maryland?

The MFLA requires that employers with 15 or more employees allow the use of accrued paid leave for bereavement purposes. However, it does not mandate that employers provide additional paid leave specifically for bereavement if the employee has not accrued any paid leave. Therefore, while employees can use their existing paid leave for bereavement, there is no requirement for employers to offer separate paid bereavement leave. 

Does Bereavement Leave Have to Be Taken Within a Certain Timeframe in Maryland?

The MFLA does not specify a required timeframe within which bereavement leave must be taken following the death of an immediate family member. Employers may establish their own policies regarding the timing and duration of bereavement leave. Employees are advised to consult their employer’s bereavement leave policy to understand any specific requirements.

Who Pays for Paid Bereavement Leave in Maryland?

The cost of paid bereavement leave under the MFLA is borne by the employer, as it involves the use of the employee’s accrued paid leave. Employers are not required to provide additional paid leave beyond what the employee has already accrued.

Conclusion

In Maryland, the Flexible Leave Act provides employees of qualifying employers the right to use their accrued paid leave for bereavement purposes upon the death of an immediate family member. While the MFLA does not mandate additional paid leave specifically for bereavement, it ensures that employees can utilize their existing paid leave in such circumstances. Employees should review their employer’s specific bereavement leave policies and consult with their human resources department to fully understand their rights and options during times of loss. Employers are encouraged to establish clear and compassionate bereavement leave policies to support their employees effectively.