Maryland’s Healthy Working Families Act, Md. Code Ann., Lab. & Empl. §§ 3-1301 to 3-1311, requires employers to provide up to 40 hours of sick and safe leave a year to employees who regularly work at least 12 hours a week. Employers with 15 or more employees must pay for that leave, and smaller employers can provide it unpaid. Employees earn 1 hour for every 30 hours worked but can’t use leave until their 107th day of employment.
This guide explains which employers and employees the law covers, answers the most common questions, walks through how accrual works pay period by pay period, and covers the Maryland Department of Labor’s model policies and the mistakes employers make most often. It reflects the Department’s current Healthy Working Families Act FAQs.
Does the Law Cover Your Business and Your Employees?
Employer size
| Average monthly employees in the prior year | What the employer must provide |
| 15 or more | Up to 40 hours of paid sick and safe leave a year |
| 14 or fewer | Up to 40 hours of unpaid sick and safe leave a year |
Employer size is based on the average monthly number of employees in the immediately preceding year, counting full-time, part-time, temporary and seasonal employees. A business that averaged 13 employees last year can offer unpaid leave this year even if it has 18 employees today. If it averages 15 or more this year, it must offer paid leave next year.
Employee eligibility
| Employee | Covered? |
| Regularly works 12 or more hours a week | Yes |
| Regularly works fewer than 12 hours a week | No |
| Under 18 at the start of the year | No |
| Independent contractor | No |
| Certain agricultural workers, construction workers under a qualifying collective bargaining agreement, and certain on-call workers in health or human services | No |
| Certain temporary agency employees and certain real estate brokers and salespeople | No |
Common Questions About Maryland Sick and Safe Leave
How much leave do employers need to provide?
Employees earn at least 1 hour of leave for every 30 hours worked, starting on their first day, up to 40 hours a year. Employers don’t have to provide accrual for a pay period in which the employee worked too few hours, and the threshold depends on how often the employer runs payroll. The pay-period section below shows how this works. Overtime-exempt employees are treated as working 40 hours a week, unless their normal workweek is shorter.
When can employees start using leave?
Employees can begin using leave on their 107th calendar day of employment. They accrue leave during the first 106 days but can’t use it yet.
What can Maryland sick and safe leave be used for?
- The employee’s or a family member’s mental or physical illness, injury or condition, including diagnosis, care, treatment and preventive care
- Maternity or paternity leave
- Absences related to domestic violence, sexual assault or stalking against the employee or a family member, such as medical or mental health care, victim services, legal services or relocation
How does this relate to other types of leave?
An employer whose existing PTO or leave policy meets or exceeds the law’s requirements doesn’t have to provide additional leave. Under Maryland’s separate Flexible Leave Act, employers with 15 or more employees must also let employees use earned paid leave to care for an immediate family member who is ill and for bereavement.
Sick and safe leave is also separate from Maryland’s Family and Medical Leave Insurance (FAMLI) program. FAMLI contributions of 0.9% of covered wages, generally split equally between employers and employees, begin January 1, 2027, and benefits begin in January 2028.
Can employers limit how many hours of sick leave employees use in a year?
Yes. Employers can limit accrual to 40 hours a year and use to 64 hours a year, and can cap an employee’s total balance at 64 hours.
Can employers provide all the leave at once instead of letting it accrue?
Yes. Employers can give employees 40 hours at the start of the year instead of tracking accrual. If they do, they don’t have to allow unused hours to carry over.
Do employers have to carry over unused leave?
Under an accrual policy, yes. Employees can carry over up to 40 unused hours, as long as their total balance doesn’t exceed 64 hours. Employers that frontload 40 hours don’t have to allow carryover.
What is the smallest amount of leave an employee can use?
Employers can set a minimum increment, such as the smallest unit their payroll system tracks, but they can’t require employees to use more than 4 hours at a time.
What notice do employers and employees need to provide?
Employers must notify employees of their rights under the law, display the Department’s sick and safe leave poster, and give each employee a statement of their used and available leave with each pay period. See Maryland labor law poster requirements for the full posting list.
For foreseeable leave, employers can require up to 7 days’ advance notice. For unforeseeable leave, employees must give notice as soon as practicable. An employer can deny leave if the employee didn’t give the required notice and the absence will disrupt the employer’s operations.
What verification can employers ask for?
Employers can require reasonable documentation when an employee uses leave for more than two consecutive scheduled shifts. Separately, employers can require documentation for leave used between the 107th and 120th days of employment, but only if the employer and employee agreed to that requirement when the employee was hired.
“The day 107 to 120 rule is worth putting into your offer letters or onboarding paperwork. It’s the only window where you can ask for documentation of a single sick day, and you lose it if you don’t get the employee’s agreement at hire. Most employers who want it don’t realize it has to be agreed to up front.” — Ryan Parker, Esq.
Are employees’ jobs and benefits protected when they take this leave?
Yes. Employers can’t retaliate against employees for requesting or using sick and safe leave. Unused leave doesn’t have to be paid out at separation, but if an employee returns to work for the same employer within 37 weeks of separation, their previously accrued leave must be reinstated unless it was paid out. See the Maryland employee separation guide and checklist for final pay rules.
How Accrual Works Pay Period by Pay Period
Maryland lets employers skip accrual in low-hour pay periods. The thresholds depend on the payroll schedule:
| Payroll schedule | No accrual required when the employee works |
| Every two weeks | Fewer than 24 hours in the pay period |
| Weekly | Fewer than 24 hours across the current and previous pay periods combined |
| Twice a month | Fewer than 26 hours in the pay period |
A few examples for an employer that pays every two weeks:
- An employee works 60 hours in a pay period and accrues 2 hours of leave.
- A part-time employee works 22 hours in a pay period, below the 24-hour threshold, so the employer doesn’t have to provide accrual for that period.
- A full-time employee works 80 hours every pay period. They accrue about 2.7 hours per period and reach the 40-hour annual limit after 15 pay periods, about 30 weeks into the year.
Using Maryland’s Model Policies
The Department of Labor publishes model sick and safe leave policies in three versions:
- Frontload: 40 hours at the start of each year, with no carryover.
- Accrual: 1 hour per 30 hours worked, up to 40 a year, with carryover of up to 40 hours and a 64-hour balance cap. It includes an optional provision letting employees use leave before they accrue it, with a signed acknowledgment that any advance can be deducted from final pay.
- Restaurant tipped employees: the accrual model, with tipped employees paid at least the minimum wage for leave hours. Employees can ask in writing to trade shifts or work extra hours instead of using leave, and the employer can say no.
Employers still have to fill in key choices: whether leave is paid or unpaid, the leave year, the minimum increment, how employees give notice, whether to allow advance use, and whether to require documentation in days 107 through 120.
“The model policies are a good starting point, but they’re written for Maryland only. A multi-state employer that drops one into a national handbook will usually end up with conflicting notice, increment and documentation rules. Use the model to check your Maryland section, not to replace it.” — Ryan Parker, Esq.
Common Maryland Sick and Safe Leave Mistakes
- Skipping the 106-day wait, or extending it. Employees can’t use leave before day 107, and employers can’t make them wait longer.
- Requiring documentation too early. Outside the agreed 107 to 120-day window, documentation can be required only after more than two consecutive scheduled shifts.
- Counting today’s headcount. Whether leave must be paid depends on last year’s average monthly employee count, not current staffing.
- Leaving out the pay-period statement. Employees must see used and available leave with each pay period.
- Losing track of rehires. Employees who return within 37 weeks get their unused leave back.
- Using an outdated handbook. See Maryland employee handbook requirements and SixFifty’s employee handbook builder for multi-state employers.
Simplify Maryland Sick and Safe Leave with SixFifty
Maryland’s pay-period thresholds, waiting period and documentation rules each need to be reflected in your policy. SixFifty helps employers keep their policies aligned with state requirements, with less administrative work for HR. Schedule a free demo today, explore the paid leave policy creator, or see paid sick leave laws and requirements by state.
