Legal Question in Medical Leave in Maryland

Re: Family Medical Leave Act

Your question is poorly worded. I believe you are asking

1. Does the FMLA apply where the care is being provided for

a parent? YES. The FMLA of 1993 provides leave to provide care for

a serious health condition. This typcially is defined as a

condition the renders the person unable to attend usual and customary aspects of his/her own care and includes inability to bath, dress, move, and prepare meals.

2. How does/is leave applied? The FMLA applies to certain private employers as well

as to governmental employers. A difference is that with govermental employee, the employer

does NOT have the right to dictate that accrued annual or sick leave be used BEFORE unpaid

leave is used; this is NOT the case for a private employee. Several weeks (up to 12) can be used

whether annual, sick, or unpaid leave. Longer periods may be available. Your individual agency's

policy applies to determine further accruals of leave when on unpaid status as well as the cost for

continuation of benefits such as health insurance.