Under the Federal Family and Medical Leave Act, American employees have rights to time off from work in certain family or medical situations. Each state has its own variations on the FMLA law. In Maryland, private sector employees are treated a little differently compared to those who work for public entities.
Private sector employees - those who work for a privately owned business - follow the federal Family Medical Leave Act (FMLA) when they need to take time off for their own or a loved one's illness or injury. That means they are allotted 12 weeks of unpaid leave following the birth or adoption of a child or when they or a loved one are sick or injured.
The Maryland Flexible Leave Act neither extends nor limits the 12 weeks of unpaid leave an employee is entitled to under the FMLA, but there are a few differences.
Under state law, a "child" is defined as someone under the age of 18 who is adopted, biological, foster, step or a legal ward of the employee. Additionally, employees can take time off to care for children over 18 who are incapable of providing their own care.
State law allows private employers to grant paid leave to employees who have accrued vacation or sick leave. However, conditions in which workers compensation, disability, unemployment benefits and retirement insurance would apply are excluded from paid leave.
State law has specific provisions that dictate when state employees can take leave for family and medical-related matters. During family leave, the state payment of benefits, like health insurance, is suspended. Employees can opt to pay the full premium cost, including the portion usually paid by the state.
Paid Leave
State employees are not required to exhaust accrued leave before taking unpaid family leave. If they choose, they can take accrued paid sick leave for the following reasons:
- An employee's own illness or disability.
- Death, illness or disability of an immediate family member.
- Birth or adoption of a child.
- Medical appointments for the employee or immediate family member.
Employees who use five or more consecutive days of paid sick leave to care for a family member must submit documentation from a healthcare provider to verify the illness.
Births or Adoptions
Employees can use up to 30 days of accrued sick leave immediately following the birth or adoption of a child. If both parents are state employees, they may use 40 days of sick leave.
Medical Donations
During a 12-month period, state employees can take seven days of leave following bone marrow donations and up to 30 days of leave following an organ donation.
Disaster Service Leave
State employees who are certified as disaster volunteers with the American Red Cross can take 15 days of paid leave in a 12-month period when responding to a Level II disaster. If the employee is injured while on disaster leave, he or she may not file a worker's compensation claim with the employer.
Employees in the state of Maryland should know their rights under Maryland FMLA laws. It will prevent any problems in the event of a medical or family emergency.
Article Source: http://EzineArticles.com/?expert=Jennifer_L_Hill
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