Code, Labor and Employment § 3-1201Īn “eligible employee” is one who has asked that the employer provide parental leave and who, as of the date that the requested parental leave begins, will have been employed by that employer for at least: Code, Labor and Employment, Title 3, Subtitle 12Īn "employer" is a person that employs 15-49 individuals in the state of Maryland for each working day during each of the 20 or more calendar workweeks in the current or preceding calendar year. Below are some common questions. If you have further questions about your rights under MPLA, consult with an attorney or your employer. Maryland’s Parental Leave Act (MPLA) requires an employer in the State of Maryland that has between 15 to 49 employees to provide eligible employees with 6 work-weeks of unpaid parental leave benefits, during any 12-month period, for the birth, adoption, or foster placement of a child. If you and your spouse are taking leave for the birth, or placement of a child, or in order to take care of a sick parent, then your employer may only allow you and your spouse together a total of 12 weeks of leave. What if both spouses work for the same employer? Absent unusual circumstances, you must comply with your employer's usual and customary notice and procedural requirements when requesting leave.If your use of FMLA leave is unexpected (i.e., not foreseeable), then you must provide notice as soon as practicable.This is generally either the same or next business day. If your use of FMLA leave is foreseeable less than 30 days in advance, then provide notice as soon as practicable.If your use of FMLA leave is foreseeable and providing notice is practicable, then you must provide your employer with 30-days advance notice.When do you have to let your boss know that you are taking leave? If your employer provides less than 12 weeks of paid leave (such as vacation, personal leave, etc.), then they are not required to pay you the difference. Code, Title 29 § 2612(d)(2)(A)ĭo I get paid for the time I am on leave?įMLA only requires unpaid leave. If an employer provides paid leave (i.e., vacation, sick leave, or personal leave) to an eligible employee, the employer can require the eligible employee–or the eligible employee may elect– to substitute the paid leave for any part of or all of the period of FMLA leave. Will I have to use any of my vacation time that I have accrued? the position is better suited for taking periodic leave than your regular position. the position has the same pay and benefits and.If you are taking leave for medical reasons, or to take care of a seriously ill family member, and your leave is foreseeable due to planned medical treatment, then your employer may require you to temporarily transfer to another position if: Code, Title 29 § 2612(b)(1)Ĭan my employer ask me to switch positions within the company? However, leave for the birth or care of a child can be taken intermittently only with your employer’s approval. You will not lose the unused leave by taking the leave in segments. You can take leave intermittently when medically necessary to care for yourself or a seriously ill spouse, son, daughter, or parent. Code, Title 29, § 2612(a)(3)ĭo you have to take all of the leave at once? The FMLA also allows employees to take up to 26 workweeks of unpaid leave in a 12‑month period to care for a spouse, child, or parent who is a servicemember, if that servicemember has a serious injury or illness. continuing treatment by a health care provider.inpatient care in a hospital, hospice, or residential medical care facility or.The term “serious health condition” is an illness, injury, impairment, or physical or mental condition that involves: If you, have a serious health condition that makes you unable to perform the duties of your job.To care for a spouse, son, daughter or parent with a serious health condition.(Must be taken within 12 months of placement) Due to the placement of an adopted or foster child with you.(Must be taken within 12 months of birth) Due to the birth of your child and your need to provide care for the child.Generally, you can take up to 12 work-weeks of leave during any twelve month period for one or more of the following reasons. Work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.Have worked at least 1,250 hours over the previous 12 months and.
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