Division of Labor and Industry


Flexible Leave - The Maryland Guide to Wage Payment and Employment Standards



Effective October 1, 2008, the Flexible Leave Act, Chapter 644 of the Laws of Maryland 2008, authorizes employees of employers with 15 or more individuals to use "leave with pay" for an illness in the employee's immediate family - a child, spouse or parent. Leave with pay is considered time away from work for which an employee is paid and includes sick leave, vacation time, and compensatory time. An employee may only use leave with pay that has been earned and employees who earn more than one type of leave with pay may elect the type and amount of leave with pay to be used. An employee who uses leave with pay under this law is required to comply with the terms of any collective bargaining agreement or employment policy.

The Flexible Leave Act prohibits an employer from discharging, demoting, suspending, disciplining or otherwise discriminating against an employee or threatening to take any of these actions against an employee who exercises rights under this law. This law does not affect leave granted under the Federal Family and Medical Leave Act of 1993 (FMLA).