Maryland HR Consulting & Employment Law for Small Businesses
Maryland has enacted strong employee protections including a paid family and medical leave program launching in 2026, strict pay equity provisions, and a minimum wage that continues to rise.
Maryland employers need to prepare for the Maryland Time to Care Act, the state's paid family and medical leave program beginning contributions in 2025 and benefits in 2026. Maryland also has the Healthy Working Families Act (paid sick leave for employers with 15+ employees), minimum wage rising to $15 statewide, and pay equity requirements including a ban on salary history inquiries.
Note: This guide is for informational purposes only and does not constitute legal advice. Employment laws change frequently. Consult a qualified employment attorney for advice specific to your situation.
Key Maryland Employment Laws
Maryland Time to Care Act (Paid FMLA)
Maryland's PFML program (Time to Care Act) requires contributions beginning July 1, 2025, with benefit payments beginning January 1, 2026. The program provides up to 12 weeks of paid leave for qualifying family and medical events, funded by shared employer and employee contributions. Employers with fewer than 15 employees pay a smaller employer share.
Maryland Healthy Working Families Act
Employers with 15 or more employees must provide up to 56 hours of paid sick and safe leave per year. Employees accrue 1 hour per 30 hours worked. Employers with fewer than 15 employees must provide unpaid sick and safe leave. Leave may be used for personal illness, family care, and domestic violence.
Maryland Equal Pay for Equal Work
Maryland prohibits pay discrimination based on sex and gender identity for employees performing the same or substantially similar work. Employers cannot request salary history, and employers cannot prohibit employees from discussing their wages. Comparable work is evaluated on the basis of skill, effort, and responsibility.
Maryland Flexible Leave Act
Maryland employers with 15 or more employees must allow employees to use earned sick and safe leave to care for immediate family members, even if the employer's general leave policy does not cover family care. This applies on top of the Healthy Working Families Act requirements.
Compliance Thresholds for Maryland Employers
1+ Employees: employees
- Maryland minimum wage applies (above federal)
- Maryland Time to Care Act contributions begin (employee and employer shares)
- Maryland Equal Pay for Equal Work Act applies
15+ Employees: employees
- Maryland Healthy Working Families Act: paid sick leave (56 hours/year)
- Maryland Fair Employment Practices Act anti-discrimination protections
50+ Employees: employees
- Federal FMLA applies
- Maryland FMLA (6 weeks for adoption) applies
- ACA employer mandate
Common Questions About Maryland Employment Law
What is the Maryland Time to Care Act?
The Maryland Time to Care Act is the state's paid family and medical leave program. Employee and employer payroll contributions begin July 1, 2025. Benefits begin January 1, 2026, providing up to 12 weeks of paid leave for qualifying family bonding, serious health conditions, and military events.
Does Maryland require paid sick leave?
Yes. Employers with 15 or more employees must provide up to 56 hours of paid sick and safe leave per year, accruing at 1 hour per 30 hours worked. Employers with fewer than 15 employees must provide unpaid leave. Leave can be used for medical care, family care, and domestic violence.
Can Maryland employers ask about salary history?
No. Maryland law prohibits employers from seeking salary history from applicants. Employers also cannot rely on salary history obtained from prior employers to set compensation. Employees cannot be disciplined for discussing wages.
What is the Maryland minimum wage?
Maryland has set its own minimum wage above the federal baseline, with scheduled increases toward a statewide $15/hour. Montgomery County and other localities may have higher rates. Check the Maryland Department of Labor for current rates and schedules.
Are non-competes enforceable in Maryland?
Maryland significantly restricts non-competes for lower earners. Non-competes are prohibited for employees earning $15/hour or less, and are disfavored for employees earning $35,000/year or less. For higher earners, courts apply a reasonableness test covering duration, geographic scope, and legitimate business interest.
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