Maryland Sick and Safe Leave Act

Maryland has passes a new Sick and Safe Leave law which allows paid or unpaid leave rights for employees as well as obligations for employers. Under the new law, employers with 15 or more employees must provide paid earned sick and safe leave at the same wage rate as the employee normally earns. Employers with 14 or fewer employees must provide employees unpaid earned sick and safe leave. Leave is accrued at a rate of one hour per every 30 hours worked. Employees can accrue up to 40 hours of paid leave per year and employees can have the ability to carry over some hours.

Leave can be utilized for several purposes. First, care or treatment of an employee's physical or mental illness, injury, or condition. Second, to obtain preventive care for the employee or employee's family member. Third, to care for a family member with a mental or physical illness, injury or condition. Finally, for maternity or parental leave or if the absence is due to domestic violence or sexual assault, or stalking committed against the employee or the employees family member.

The act does not apply to employees with fewer than 12 hours per week, are independent contractors, are under age of 18, work in agriculture or work in an as-needed capacity in health or human services.

Employers should revise their sick leave policies to comply and make sure that records are kept for 3 years. The Commissioner may assess a penalty of up to $1,000 for each employee for whom the employer is not in compliance with. The Act will go into effect February 11, 2018.