Bereavement Leave in Maryland
Yes, bereavement leave is required in Maryland
Maryland's Flexible Leave Act requires employers with 15 or more employees who already offer paid leave to allow employees to use that accrued leave (sick leave, compensatory time, or vacation time) for bereavement purposes. This is not a standalone bereavement leave grant; it ensures employees can use their existing paid leave for bereavement. Covered family members are limited to a spouse, parent, or child.
Key details
| Paid leave required? | No — Maryland's Flexible Leave Act does not create new leave. It requires employers who already offer paid leave to allow employees to use that leave for bereavement. Employees can use sick leave, compensatory time, or vacation time. |
|---|---|
| Employer size | Applies to employers with 15+ employees |
| Qualifying relationships | spouse, parent, child |
| Effective date | October 1, 2008 |
| Statute | Md. Code, Lab. & Empl. §3-802 (Flexible Leave Act) |
Bereavement leave in Maryland: what you need to know
Maryland's approach to bereavement leave is unique. Rather than mandating standalone bereavement days, the Flexible Leave Act requires employers with 15 or more employees to allow workers to use their existing paid leave (sick time, vacation, compensatory time) for bereavement purposes. This does not create new leave; it ensures existing leave can be used when a family member dies.
The practical effect of the Flexible Leave Act depends heavily on what leave your employer already provides. If your employer offers generous paid leave, you can use it for bereavement. If your employer offers minimal leave, the Act does not give you additional days. Maryland also has a Healthy Working Families Act that requires paid sick leave (up to 40 hours for employers with 15 or more employees), which provides a floor.
Maryland's economy is heavily influenced by the federal government and defense contractors, with much of the state's employment centered in the Baltimore-Washington corridor. Workers at federal agencies, NIH, Fort Meade, the NSA, and defense contractors like Lockheed Martin and Northrop Grumman typically have generous bereavement leave policies that exceed what the Flexible Leave Act requires.
The Baltimore metro area has a distinct economic profile from the D.C. suburbs. Baltimore's economy includes healthcare (Johns Hopkins is the state's largest private employer), port operations, and manufacturing. Workers at Johns Hopkins and other major Baltimore employers generally have competitive bereavement benefits. The disparity in benefits is more visible when comparing these large employers to smaller businesses in Baltimore and the Eastern Shore.
Maryland's qualifying family member definition under the Flexible Leave Act is narrow, covering only spouses, parents, and children. This is the most limited definition of any state with bereavement-related legislation. Workers grieving the loss of a sibling, grandparent, or domestic partner are not covered under the Act, though they may still be able to use leave under their employer's own policy.
More Maryland workplace laws
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Frequently asked questions about bereavement leave in Maryland
No. The Flexible Leave Act does not grant additional leave days. It requires employers with 15 or more employees to allow workers to use their existing paid leave for bereavement purposes. If you have no accrued leave, the Act does not help.
Maryland's Flexible Leave Act covers only spouses, parents, and children. This is the narrowest definition of any state with bereavement-related legislation. Siblings, grandparents, domestic partners, and in-laws are not covered under the Act.
Maryland's Healthy Working Families Act requires paid sick leave that can be used for a variety of purposes. While bereavement is not explicitly listed, the law covers mental health needs. If grief is affecting your ability to work, this may qualify.
Federal employees have separate leave provisions regardless of state law. Most federal workers may use up to 104 hours of sick leave per year for bereavement. This applies at all federal workplaces in Maryland, including NIH, Fort Meade, and other installations.
Maryland's legislature has considered expanding leave protections in recent sessions, and the state has been progressive on worker benefits. However, no bill specifically expanding bereavement leave to include a standalone mandate has advanced as of early 2026.