Maryland: Bereavement Leave Requirements
The 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.
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This is the general rule in Maryland. Ezel applies current Maryland law to your specific facts and answers with citations to the statutes.
| Governing law and type of leave | Md. 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 employees | Employee 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 events | Death 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 caps | No 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 leave | Paid 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 proof | Statute 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 confidentiality | Employer 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 deadlines | Commissioner 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 |
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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
- Md. Code, Labor and Employment § 3-802(a)-(e). Definitions, coverage,
eligible paid-leave banks, employee election, and policy interaction.
Official current
section
(accessed July 15, 2026). - Md. Code, Labor and Employment § 3-802(f)-(h). Protection and enforcement.
Official current
section
(accessed July 15, 2026). - Maryland Department of Labor. Current Flexible Leave Act summary in the
Maryland Guide to Wage Payment and Employment
Standards
(accessed July 15, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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