A few months ago, we shared information regarding the Maryland Flexible Leave Act (MFLA).  This law become effective in October 2008 however there were several undefined areas of the law which became difficult for employers to fully comply.
 
Under the MFLA, employers with 15 or more employees must allow workers to use paid leave for the illness of an immediate family member. The purpose of the MFLA is to “allow an employee of an employer to use leave with pay to care for an immediate family member who is ill under the same conditions and policy rules that would apply if the employee took leave for the employee’s own illness”. 

The recent amendments were made to provide specific definitions of key terms. Specifically, the new law clarifies and defines:

• a “child” as an adopted, biological, or foster child, a stepchild, or a legal ward who is under the age of 18 or, if over the age of 18, is incapable of self-care due to a mental or physical disability.
• a “parent” as an adoptive, biological, or foster parent, a stepparent, a legal guardian, or a person fulfilling a parental role.
• “leave with pay” as paid time away from work that is “earned and available to an employee”
• paid time off (PTO) falls within the definition of “leave with pay”
• “leave with pay” excludes disability benefits, workers’ compensation benefits, unemployment compensation or similar benefits.
• that MFLA applies only to employees who are primarily employed in the State of MD.

The law does not require employers to provide paid leave, only that employees be permitted to use any paid leave they have earned under their employer’s policies.

Employers should take the necessary steps to ensure compliance with the newly-amended MFLA. The first thing employers should do is to review all leave, attendance and related policies as well as how their leave policies are administered to ensure compliance with the MFLA.

View other news articles from July 2009