Introduction to FMLA in Maryland
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave for certain family and medical reasons. In Maryland, the FMLA applies to all public agencies and private sector employers with 50 or more employees.
To be eligible for FMLA leave in Maryland, an employee must have worked for the employer for at least 12 months and have completed at least 1,250 hours of service in the 12 months preceding the start of the leave.
Eligible Reasons for FMLA Leave in Maryland
In Maryland, eligible employees can take FMLA leave for several reasons, including the birth or adoption of a child, a serious health condition that makes the employee unable to work, or to care for a spouse, child, or parent with a serious health condition.
Additionally, employees can take FMLA leave for qualifying exigency related to a family member's military service or to care for a family member who is a covered veteran with a serious injury or illness.
Notice and Certification Requirements
In Maryland, employees must provide their employer with at least 30 days' notice before taking FMLA leave, when possible. The employer may also require the employee to provide certification from a healthcare provider to support the leave request.
The certification must include the date the condition commenced, the probable duration of the condition, and the medical facts regarding the condition. The employer may also require a second or third opinion at their expense.
Employer Obligations Under the FMLA in Maryland
In Maryland, employers are required to maintain the employee's health benefits during the FMLA leave period, as if the employee were still working. Employers must also restore the employee to the same or an equivalent position upon return from leave.
Employers may not interfere with an employee's FMLA rights or retaliate against an employee for taking FMLA leave. Employers must also post a notice explaining the FMLA and its requirements in a conspicuous place.
Enforcement and Penalties
In Maryland, the U.S. Department of Labor's Wage and Hour Division is responsible for enforcing the FMLA. Employees who believe their rights have been violated may file a complaint with the Department of Labor or file a lawsuit in court.
Employers who violate the FMLA may be liable for damages, including back pay, front pay, and liquidated damages. Employers may also be subject to civil penalties and injunctive relief.
Frequently Asked Questions
What is the purpose of the Family and Medical Leave Act?
The FMLA provides eligible employees with up to 12 weeks of unpaid leave for certain family and medical reasons.
Who is eligible for FMLA leave in Maryland?
To be eligible, an employee must have worked for the employer for at least 12 months and completed 1,250 hours of service in the 12 months preceding the leave.
What are the eligible reasons for taking FMLA leave in Maryland?
Eligible reasons include the birth or adoption of a child, a serious health condition, or to care for a spouse, child, or parent with a serious health condition.
How much notice must an employee provide before taking FMLA leave?
Employees must provide at least 30 days' notice before taking FMLA leave, when possible.
Can an employer require certification from a healthcare provider?
Yes, the employer may require certification from a healthcare provider to support the leave request.
What are the consequences for employers who violate the FMLA?
Employers who violate the FMLA may be liable for damages, including back pay, front pay, and liquidated damages, and may also be subject to civil penalties and injunctive relief.