LeaveCalc / State guide / Maryland

Law passed · paying starts Jan 2028

Maternity & paid leave in Maryland (2026)

Maryland's FAMLI program passed years ago — but benefits don't start until January 2028 at the earliest. Here's exactly what you have in 2026.

Free Fact-checked for 2026 Source: Maryland FAMLI — official program site

Maryland's FAMLI program has passed — but it still isn't paying benefits. Contributions begin January 1, 2027 and benefits begin no later than January 3, 2028. Until then, your leave is built from three separate pieces instead of one state benefit. Here's exactly what those pieces are, and how they fit together.

Your 3 real options in Maryland

Job protection

1. Federal FMLA

Up to 12 weeks of unpaid, job-protected leave if you've worked 12+ months and 1,250+ hours for an employer with 50+ employees within 75 miles. Unpaid — but your job (or an equivalent one) is protected.

Check your eligibility →
Paid, if offered

2. Employer STD / parental leave

Most paid maternity leave in Maryland comes from an employer's short-term disability or parental-leave policy — typically 6-8 weeks at 50-70% of wages for birth recovery. Check your handbook or HR; it isn't guaranteed by law.

Bridge the gaps

3. PTO / sick leave stacking

Vacation, sick, and personal days can be stacked on top of (or instead of) disability pay to reduce unpaid time. Ask HR whether you can front-load unearned PTO or use it intermittently.

What a typical Maryland maternity leave timeline looks like

Without a state program, most Maryland parents end up with a patchwork like this:

  • Weeks 1-6 (vaginal) or 1-8 (C-section) — recoveryPaid at 50-70% only if your employer offers short-term disability. Otherwise unpaid unless covered by PTO.
  • Remaining weeks up to 12 total — bondingFMLA keeps your job protected, but pay typically stops here unless your employer offers separate paid parental leave.
  • Week 13 onwardFMLA job protection ends. Any further time off is unpaid and unprotected unless your employer agrees to extend it.
  • Return to workYou return to the same or an equivalent position, since you took FMLA-protected leave.
  • By January 3, 2028FAMLI benefits go live: up to 12 weeks of paid, job-protected leave, up to $1,000/week.
Maryland-specific nuance (2026).

Maryland's FAMLI law dates to 2022, but implementation has been delayed multiple times — most recently by House Bill 102, signed May 6, 2025, which the Maryland Department of Labor requested because of the “high degree of instability and uncertainty” created by recent federal actions. Payroll contributions now begin January 1, 2027; benefits begin no later than January 3, 2028 (the Maryland Secretary of Labor will announce the exact go-live date). Once live, FAMLI pays up to 12 weeks of job-protected leave, up to $1,000 per week, for bonding with a new child, a serious health condition, caring for a family member, or military deployment needs. Until benefits go live, Maryland works exactly like every other no-program state on this list.

Working remotely for a company in another state?

Paid-leave benefits almost always follow the state where you physically work, not where your employer is headquartered. So if you live and work in Maryland but your company is based in California or New York, Maryland's rules apply to you — meaning no state program — not theirs.

Maryland maternity leave FAQ

Is maternity leave paid in Maryland?

Not yet. Maryland's FAMLI program passed in 2022 but has been delayed multiple times; contributions start January 1, 2027 and benefits start no later than January 3, 2028. Until then, whether any of your leave is paid depends entirely on your employer: short-term disability, a parental-leave policy, or your own PTO and sick leave.

How long is maternity leave in Maryland?

If you qualify for federal FMLA (12+ months and 1,250+ hours at an employer with 50+ employees within 75 miles), you get up to 12 weeks of job-protected leave today. Once FAMLI launches (no later than January 3, 2028), Maryland adds up to 12 weeks paid, up to $1,000/week.

Does Maryland have paid family leave?

It will, once FAMLI launches — no later than January 3, 2028, per the 2025 delay law (HB 102). Until then, no: there is no paid state program, so leave is unpaid FMLA (if eligible) plus whatever your employer voluntarily offers.

What if my employer offers nothing?

Then your paid options are whatever PTO or sick leave you've accrued — after that, unpaid FMLA (if you're eligible) still protects your job for up to 12 weeks. That won't change until FAMLI benefits go live.