Legal Question in Medical Leave in Maryland

Re: maternity leave

First, congratulations on the pregnancy. Good luck!

Unfortunately, the boss is right. You have to be with the company for 12 months total, and have worked at least 1250 hours in the 12 months immediately prior to the leave, to be eligible.

However, you can check your employee handbook (or labor contract if you have a union)to see whether leave is available for maternity or for other short-term disabilities. For example, if the company allows employees to take several weeks or months or whatever for heart surgery, or a broken leg, or something like that, then they can not discriminate against pregnant women by not allowing similar, short-term leave. This is a thorny issue because there is no way to determine how much leave would be available, but you could just argue for whatever you need, since other short-term leave (for a heart attack or other conditions) would be for as long as necessary.

The company may also allow sick leave to be used, and you can use vacation per the company policy.

But if there is no short-term leave or LWOP or similar policy, then regrettably there is no right to take maternity leave.

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor is the author responsible or liable for any actions by the parties involved in the matter.