REQUIRES EMPLOYERS IN MARYLAND TO PROVIDE PAID OR UNPAID LEAVE TO EMPLOYEES FOR THEIR OWN OR FAMILY MEMBERS’ ILLNESSES OR MEDICAL APPOINTMENTS, FOR MATERNITY OR PATERNITY LEAVE, AND FOR ABSENCES ASSOCIATED WITH DOMESTIC VIOLENCE OR SEXUAL ABUSE. |
EMPLOYERS REQUIRED TO COMPLY WITH THE ACT Pursuant to The Maryland Healthy Working Families Act, most employers in the State of Maryland must provide sick and safe leave to each employee, including employees of restaurants, bars, temporary, staffing firms and part time employees. The Montgomery County Earned Sick and Safe Leave Law (Chapter 27 Human Rights and Civil Liberties §27 -7 & 27.8) is NOT PREEMTED by this Act. |
ACCRUAL START DATE Leave accrues at the beginning of employment, provided that the accrual need not commence prior to the effective date of this Act. (02/11/2018) |
ACCESSING LEAVE An employee must be allowed to use leave no later than after 106 calendar days of employment with the employer. An employer may require notice of not more than 7 days in advance if the employee’s need to use leave is foreseeable. If the need to use leave is NOT foreseeable, then the employee must provide notice to the employer as soon as practicable and comply with the employer’s procedural requirements for requesting and reporting leave, provided that those requirements do not interfere with the employee’s ability to use accrued leave. An employer may not require that an employee who is requesting leave search for or find an individual to work in the employee’s stead during the time the employee is taking the leave. An employee may take leave in the smallest amount allowable by the employer. The employer may not require an employee to take leave in an increment greater than 4 hours An employer may deny a request to use leave if the employee fails to provide notice as stated above, the employee’s absence will cause a disruption to the employer, or the employer is a private employer licensed to provide services to developmentally disabled or mentally ill individuals under Title 7 or Title 10 of the Health – General Article of the Maryland Code. |
ENFORCEMENT An employer must keep records of earned sick leave use and accrual for each employee for at least 3 years. The Commissioner may inquire with employers’ records to determine compliance with this Act. An employee may, in good faith, bring a complaint within 3 years of a suspected violation of this act. Employee complaints against the employer will be investigated by the Commissioner within 90 days of the complaint. The Commissioner will attempt to resolve the issue through mediation, If the complaint is not resolved and the Commissioner find the employer to have violated this Act, then the Commissioner will issue an order to the employer to pay the employ full monetary value of the unpaid sick leave, at the Commissioner’s discretion up to 3 times the monetary value of the unpaid sick leave, and any actual economic damages. An employer’s failure to comply to the order allows the employee and Commissioner to pursue further civil action and the Court to award more damages to the employee, including punitive damages. |
NUMBER OF HOURS ACCRUED
Type of leave and accrual of leave is determined by the type of business, the number of employees an employer has, and the number of hours an employee works. An employer may use an existing leave policy if the employer offers a paid time off policy that meets or exceeds the accrual and usage requirements of this Act. An employer may award the full amount of sick and safe leave an employee would earn at the beginning of each year rather than awarding leave as it accrues. Employers are not required to pay out accrued leave upon the employee’s dismissal from employment. See the following chart for a breakdown of exemptions and leave accrual for certain employees.
Exempted Employees |
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If an Employer has: |
15 or more employees, then the employer must provide PAID sick leave. 14 or fewer employees, then the employer must at least provide UNPAID sick leave. |
Accrual Rate |
1 hour per 30 hours worked |
An Employer may NOT BE REQUIRED to allow an Employee to: |
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ADDENDUM – SEASONAL EMPLOYEES & REHIRED EMPLOYEES If an employee is rehired within 37 weeks after leaving the employment of the employer, then the employer MUST reinstate any unused accrued leave to the employee that the employee had prior to dismissal from employment. If the employer opts to pay out the monetary value of the employee’s unused earned leave, then the employer is NOT required to reinstate the unused leave. If an employee uses leave during the period between the first 107 and 120 (both inclusive) calendar days of employment, then the employer may require verification that the leave was used properly, provided that the employee agreed to provide verification under terms mutually agreed to by the employee and employer at the time of hire. |