Bereavement Leave Requirements in Maryland

Short answer Yes, but Maryland does not create a new bank of bereavement days. Under the Flexible Leave Act, an employee primarily employed in Maryland by a covered employer with 15 or more employees may use earned and available paid leave after the death of a child, spouse, or parent. The employee may choose the type and amount of available sick leave, vacation, PTO, or compensatory time, while timing, notice, and proof generally follow the employer's policy or collective bargaining agreement.
State
Maryland
Statute checked
July 15, 2026
Sources
3 statutes

At a glance

Governing law and type of leaveMd. Code, Lab. & Empl. § 3-802 lets a covered employee use already-earned paid leave for bereavement; it does not create a separate allotment
Covered employers and employeesEmployee primarily employed in Maryland; employer must provide paid leave by policy/CBA and have 15+ employees on each working day in 20+ weeks in the current or prior calendar year
Qualifying deaths, relationships, and eventsDeath of immediate family: child of any age for bereavement, spouse, or parent. Child includes adopted, biological, foster, stepchild, or legal ward; parent includes adoptive, biological, foster, step, guardian, or in loco parentis
Leave amount, timing, and capsNo added hours, per-death amount, annual cap, consecutive-use rule, or completion window. Employee may use only earned and available paid leave, in the amount elected, subject to policy/CBA terms
Paid or unpaid; use of existing leavePaid because the right uses existing earned paid leave. Covered banks include sick leave, vacation, PTO, and compensatory time; employee with multiple types elects the type and amount
Notice, documentation, and proofStatute sets no special advance-notice period, death-document list, delivery deadline, or privacy rule. Employee follows the policy/CBA terms unless an equal-or-greater policy prevails
Job protection, attendance, and confidentialityEmployer may not discharge, demote, suspend, discipline, discriminate, or threaten those actions for requesting or taking leave, opposing a violation, or participating in enforcement; no separate confidentiality rule
Enforcement, remedies, and deadlinesCommissioner first seeks informal resolution by mediation or asks the Attorney General to sue; the Attorney General may seek injunction, damages, or other relief in the county of the alleged violation

Maryland lets employees use an existing paid-leave bank

Maryland's Flexible Leave Act does not add a fixed number of bereavement days. Instead, Md. Code, Labor and Employment § 3-802 allows a covered employee to use paid leave that the employee has already earned and that remains available after the death of an immediate family member.

The statute defines immediate family as a child, spouse, or parent. For bereavement, a child may be an adopted, biological, or foster child, stepchild, or legal ward without the age limitation used for family-illness leave. A parent includes an adoptive, biological, or foster parent, stepparent, legal guardian, or person who stood in loco parentis.

Coverage, amount, and pay

The employee must be primarily employed in Maryland. The employer must both offer leave with pay under a policy or collective bargaining agreement and employ at least 15 employees on each working day in at least 20 calendar weeks in the current or preceding year.

Section 3-802(a)-(e) defines paid leave to include sick leave, vacation, PTO, and compensatory time. The employee may use only time already earned and available. If more than one paid bank exists, the employee elects the type and amount. The statute sets no separate per-death amount, annual bereavement cap, consecutive-use rule, or deadline to finish the absence.

Notice, proof, and protection

The employee generally must comply with the employer's policy or collective bargaining agreement. The statute does not provide a separate advance-notice period, list of acceptable death documents, proof deadline, or confidentiality rule for bereavement use. A policy or agreement providing an equal or greater benefit prevails, and an agreement to waive the statutory right is void.

Section 3-802(f)-(h) supplies direct protection and enforcement. An employer may not discharge, demote, suspend, discipline, discriminate, or threaten those actions because a worker requested or took authorized leave, opposed a violation, or participated in enforcement. The Commissioner must try mediation or ask the Attorney General to bring an action; the Attorney General may seek injunctive relief, damages, or other relief.

What trips people up

This is not an extra leave allotment. The right is valuable only when the employee has earned and available paid leave. Section 3-802 does not require an employer to create a new bereavement bank.

Coverage has two employer conditions. The employer must have the 15-worker, 20-week headcount and must already provide paid leave by policy or collective bargaining agreement.

The relationship list is narrow. Current law covers a child, spouse, or parent. Siblings, grandparents, grandchildren, domestic partners, in-laws, and family-equivalent relationships are not in the current § 3-802 definition.

Common questions

Can a Maryland employee choose vacation instead of sick leave?

Yes, if both are earned and available. An employee with more than one type of paid leave may elect the type and amount used under the Act.

Does Maryland provide a fixed number of bereavement days?

No. The available amount comes from the employee's existing paid-leave balance and the applicable policy or collective bargaining agreement.

Can an employer discipline an employee for using covered leave?

No. Section 3-802(f) expressly bars discharge, demotion, suspension, discipline, discrimination, and threats based on requesting or taking authorized leave.

Statutes and sources

Source links

Every statute quoted above, linked, with the date we checked it.

This page is general legal information about state-law bereavement, funeral, memorial, and death-related leave, not legal advice about a particular absence, loss, family relationship, document request, attendance decision, or retaliation claim. Coverage can depend on employer size, employee tenure or hours, the relationship to the person who died, the type of loss or task, available accrued leave, notice, proof, and timing. Separate federal, state, and local laws govern family and medical leave, paid family leave, sick time, pregnancy and reproductive loss, disability, public employment, collective bargaining, wage replacement, and discrimination. Verified against the official statute or agency material on the date shown; confirm current law or consult the state labor agency or a licensed attorney before relying on it.

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