Maryland’s Healthy Working Families Act requires employers to provide up to 40 hours of sick and safe leave per year. Under Md. Code Ann., Lab. & Empl. §§ 3-1301 – 3-1311, whether this leave must be paid depends on employer size.
The law establishes different requirements based on employer size, with businesses employing 15 or more workers required to provide paid leave, while smaller employers must provide unpaid leave. This comprehensive approach ensures broad coverage while considering business capacity.
Common Questions About Maryland Paid Sick Leave
Understanding Maryland paid sick leave requirements is essential for maintaining workplace compliance and supporting employee well-being. The law establishes specific guidelines based on employer size while providing comprehensive worker protections. Here’s what you need to know to stay compliant.
Who can take paid sick leave in Maryland?
All employees who primarily work in Maryland can take this leave, except:
- Employees under 18 years old
- Independent contractors
- Employees who usually work less than 12 hours per week
- Employees in certain agricultural jobs
- Construction workers covered by qualifying collective bargaining agreements
- On-call health/human services workers
- Certain temporary agency employees
- Certain real estate employees
Which employers have to provide this leave?
All employers with Maryland employees must provide this leave:
- 15 or more employees: Must provide paid leave
- 14 or fewer employees: Must provide unpaid leave
How much leave do employers need to provide?
Employees accrue one hour of earned sick and safe leave for every 30 hours worked, up to 40 hours per year. Accrual begins at hire; however, employers don’t have to allow accrual during:
- 2-week pay periods with less than 24 hours worked
- 1-week pay periods with less than 24 hours worked in current and previous period
- Pay periods where employee is paid twice monthly and worked less than 26 hours
Exempt employees are presumed to work 40 hours weekly unless they typically work less.
What can Maryland paid sick leave be used for?
Employees can use leave for their own or a family member’s mental or physical illness, injury, or condition, as well as preventative care and maternity or paternity leave. The policy also covers domestic violence, sexual assault, or stalking-related needs (including medical, mental health, victim services, legal services, or relocation).
How does this relate to other types of leave?
Employers can use a paid time off policy that provides at least as much leave and allows for the same reasons. Employers with 15+ employees must also allow use of paid sick leave for bereavement and family care under separate requirements.
Can employers limit how many hours of sick leave employees use in a year?
Employers can limit annual use to 64 hours, although annual accrual can be capped at 40 hours.
Can employers provide all the leave at once instead of letting it accrue?
Employers can frontload the full 40 hours at the beginning of the benefit year, eliminating the need for carryover.
Do employers have to carry over unused leave?
Employees can carry over up to 40 hours annually, subject to the 64-hour total accrual cap. Employers who frontload leave don’t have to allow carryover.
What is the smallest amount of leave an employee can use?
Employers can require use in the smallest increment their payroll system uses, but cannot require increments greater than 4 hours.
What notice do employers and employees need to provide?
Employers must provide new employees notice of leave rights and give statements of available leave each payday.
Employees must provide up to 7 days’ notice for foreseeable leave and notice as soon as practicable for unforeseeable leave. Employers can deny leave if lack of notice disrupts operations.
What verification can employers ask for?
For absences exceeding two consecutive shifts or between days 107-120 of employment, employers can require verification if mutually agreed upon at hire.
Are employees’ jobs and benefits protected when they take this leave?
Yes, employees’ jobs are protected. While unused leave isn’t paid out at separation, employers must reinstate previously accrued leave if employees are rehired within 37 weeks, unless it was paid out at separation.
Simplify Maryland Paid Sick Leave with SixFifty
Navigating Maryland paid sick leave requirements can be complex, especially with varying requirements based on employer size. SixFifty’s solutions streamline the process, ensuring your policies align with state requirements while reducing the administrative burden on your HR team. We’re here to keep you compliant—even as paid sick leave laws evolve.
Want to see how it works? Schedule a free demo today!
