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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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*hb1241*
HOUSE BILL 1241
K3 6lr2184
By: Delegates Acevero, Martinez, Roberson, and Ruff
Introduced and read first time: February 11, 2026
Assigned to: Government, Labor, and Elections
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 7, 2026
CHAPTER ______
AN ACT concerning 1
Labor and Employment – Bereavement Leave and Leave for Family Illness – 2
Qualified Qualifying Relationships and Type of Leave 3
FOR the purpose of altering categories of individuals whose deaths would allow an 4
employee to use leave with pay for bereavement leave or whose illness would allow 5
an employee to use leave with pay under a certain provision of law; authorizing 6
employees to use leave without pay, in accordance with the employer’s unpaid leave 7
policy, for certain bereavement leave or leave for the illness of a family member; and 8
generally relating to bereavement leave and leave for family illness. 9
BY repealing and reenacting, with amendments, 10
Article – Labor and Employment 11
Section 3–802 12
Annotated Code of Maryland 13
(2025 Replacement Volume) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Labor and Employment 17
3–802. 18
(a) (1) In this section the following words have the meanings indicated. 19
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(2) “Bereavement leave” means leave an employee is allowed to use on the 1
death of [a member of the employee’s immediate family THE EMPLOYEE ’S FAMILY 2
MEMBER] AN INDIVIDUAL WITH W HOM THE EMPLOYEE HAD A QUALIFIED 3
RELATIONSHIP. 4
(3) “Child” means: 5
(i) for the purposes of leave provided under subsection (d)(1)(i) of 6
this section, an adopted, biological, or foster child, a stepchild, or a legal ward who is: 7
1. under the age of 18 years; or 8
2. at least 18 years old and incapable of self –care due to a 9
mental or physical disability; or 10
(ii) for the purposes of bereavement leave under subsection (d)(1)(ii) 11
of this section, an adopted, biological, or foster child, a stepchild, or a legal ward. 12
(4) (i) “Employer” means a person that is engaged in a business, 13
industry, profession, trade, or other enterprise in the State. 14
(ii) “Employer” includes a person who acts directly or indirectly in 15
the interest of another employer with an employee. 16
(5) [“Immediate family” means a child, spouse, or parent. ] “FAMILY 17
MEMBER” MEANS: 18
(I) A CHILD; 19
(II) A PARENT; 20
(III) A SPOUSE OR DOMESTIC PARTNER; 21
(IV) A SPOUSE’S OR DOMESTIC PARTNER’S PARENT; 22
(V) A CHILD’S SPOUSE OR DOMESTIC PARTNER; 23
(VI) A SIBLING; 24
(VII) A SIBLING’S SPOUSE OR DOMESTIC PARTNER; 25
(VIII) A GRANDPARENT; 26
(IX) A GRANDPARENT’S SPOUSE OR DOMESTIC PARTNER; 27
(X) A GRANDCHILD; 28
HOUSE BILL 1241 3
(XI) A GRANDCHILD’S SPOUSE OR DOMESTIC PARTNER; AND 1
(XII) AN INDIVIDUAL RELATE D BY BLOOD OR AFFINI TY WHOSE 2
CLOSE ASSOCIATION WI TH AN EMPLOYEE IS TH E EQUIVALENT OF A FA MILY 3
RELATIONSHIP. 4
(6)] (i) “Leave with pay” means paid time away from work that is earned 5
and available to an employee: 6
1. based on hours worked; or 7
2. as an annual grant of a fixed number of hours or days of 8
leave for performance of service. 9
(ii) “Leave with pay” includes sick leave, vacation time, paid time off, 10
and compensatory time. 11
(iii) “Leave with pay” does not include: 12
1. a benefit provided under an employee welfare benefit plan 13
subject to the federal Employee Retirement Income Security Act of 1974; 14
2. an insurance benefit, including benefits from an 15
employer’s self–insured plan; 16
3. workers’ compensation; 17
4. unemployment compensation; 18
5. a disability benefit; or 19
6. a similar benefit. 20
[(7)] (6) “Parent” means an adoptive, biological, or foster parent, a 21
stepparent, a legal guardian, or a person standing in loco parentis. 22
(7) “QUALIFIED RELATIONSHIP” INCLUDES A RELATIONSHIP WITH: 23
(I) AN IMMEDIATE FAMILY MEMBER; 24
(II) A GRANDPARENT; 25
(III) A SIBLING; 26
(IV) A DOMESTIC PARTNER; 27
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(V) A STEP–RELATION; 1
(VI) AN ADOPTIVE RELATION; 2
(VII) A FOSTER RELATION; AND 3
(VIII) A DE FACTO RELATION. 4
(b) (1) This section applies to an employee who is primarily employed in the 5
State. 6
(2) This section applies to an employer that: 7
(i) provides leave with pay under the terms of a collective 8
bargaining agreement or an employment policy; and 9
(ii) employs 15 or more employees for each working day in each of 20 10
or more calendar weeks in the current or preceding calendar year. 11
(c) The purpose of subsection (d)(1)(i) is to allow an employee of an employer to 12
use leave with pay to care for an A immediate family member who is ill under the same 13
conditions and policy rules that would apply if the employee took leave for the employee’s 14
own illness. 15
(d) (1) An employee of an employer may use leave with pay , OR LEAVE 16
WITHOUT PAY IN ACCORDANCE WITH THE EMPLOYER’S UNPAID LEAVE POLICY, for: 17
(i) the illness of the employee’s immediate family MEMBER; or 18
(ii) bereavement leave. 19
(2) An agreement between an employer and employee to waive the 20
provisions of this section is void. 21
(e) (1) An employee of an employer: 22
(i) may only use leave with pay under this section that has been 23
earned; and 24
(ii) who earns more than one type of leave with pay may elect the 25
type and amount of leave with pay to be used under this section. 26
(2) Except as provided in paragraph (3) of this subsection, an employee of 27
an employer who uses leave under this section shall comply with the terms of a colle ctive 28
bargaining agreement or employment policy. 29
HOUSE BILL 1241 5
(3) If the terms of a collective bargaining agreement with an employer or 1
an employment policy of an employer provide a leave with pay benefit that is equal to or 2
greater than the benefit provided under t his section, the collective bargaining agreement 3
or employment policy prevails. 4
(f) An employer may not discharge, demote, suspend, discipline, or otherwise 5
discriminate against an employee or threaten to take any of these actions against an 6
employee because the employee: 7
(1) has requested leave authorized under this section; 8
(2) has taken leave authorized under this section; 9
(3) has opposed a practice made unlawful by this section; or 10
(4) has made a charge, testified, assisted, or participate d in an 11
investigation, proceeding, or hearing under this section. 12
(g) This section does not: 13
(1) extend the maximum period of leave an employee has under the federal 14
Family and Medical Leave Act of 1993; or 15
(2) limit the period of leave to which an employee is entitled under the 16
federal Family and Medical Leave Act of 1993. 17
(h) (1) Whenever the Commissioner determines that this section has been 18
violated, the Commissioner shall: 19
(i) try to resolve any issue involved in the violation informally by 20
mediation; or 21
(ii) ask the Attorney General to bring an action on behalf of the 22
applicant or employee. 23
(2) The Attorney General may bring an action under this subsection in the 24
county where the violation allegedly occurred for injunctive relief, damages, or other relief. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
October 1, 2026. 27