Maryland Leave Laws
In Maryland, employers are not required to provide employees with vacation benefits, either paid or unpaid. The Maryland Guide to Wage Payment and Employment Standards. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract.
The rollover policy
- Statutory Provisions Addressing Vacation Pay
If an employer chooses to provide paid vacation, it must comply with the terms of its established policy or employment contract.
- Use-It-or-Lose-It Policy
The state of Maryland has no statute governing the policy.
- Payment of Accrued Vacation on Termination
If an employer does not have a written policy that limits pay for accrued, unused vacation to a departing employee, the employee is entitled to the cash value of whatever earned, unused vacation is left.
The employer is not required to make these payments if the employer has both:
Established a written policy.
Notified employees in writing at the time of hire that unused vacation is forefeited.
Maryland Department of Labor, Licensing and Regulation: Unused Vacation at Termination.)
- Sick Leave and Safe Leave
Maryland Paid Sick Leave Laws
The Maryland Healthy Working Families Act requires that employers with 15 or more employees provide paid sick leave for their employees.
To be eligible for paid sick leave, employees must work for at least 12 hours per week.
Employers are required to give 1 hour for every 30 hours worked up to maximum 40 hours per year, employers can also choose to award 40 hours at the beginning of the year.
Employees are allowed to use a maximum of 64 hours of paid sick leave per year.
Sick leave covers the following reasons:
Employee’s or a family member’s illness, injury or condition; preventive care; maternity or paternity leave; reasons related to domestic violence, sexual assault, or stalking.
Montgomery County, Maryland Paid Sick Leave Laws
It applies to all employers in Montgomery County. Employees who work more than eight hours per week in Montgomery County are eligible for paid sick leave.
Employers are required to give 1 hour for every 30 hours worked in Montgomery County. Frontloading is permitted. Annual accrual cap is 56 paid hours (employers with five or more employees) or 32 paid hours and 24 unpaid hours (employers with fewer than five employees).
Sick leave covers the following reasons:
Employee’s or a family member’s illness, injury or condition; preventive care; birth or placement of a child for adoption or foster care; care for a newborn, newly adopted or newly placed child within one year of birth, adoption or placement.; reasons related to domestic violence, sexual assault or stalking.
Maternity, Paternity, FMLA
In addition to the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, Maryland has the following laws regarding Maternity and Paternity Leave:
Maryland’s Parental Leave Act
Employers with 15 to 49 employees are required to provide up to 6 weeks of unpaid parental leave for the birth of the employee’s child or the placement of a child with the employee for adoption or foster care.
Eligible employees have to meet the same requirements as under the FMLA. In addition to FMLA, they must work at a job site where their employer has at least 15 employees within 75 miles.
The Act ensures that employees continue to receive their benefits while absent, including health insurance, disability insurance, sick leave, annual leave, group life insurance, educational benefits, and pensions. It also provides job-protection and reinstatement.
Employees may be required to provide written notice 30 days in advance. No notice is required in the event of premature birth or unexpected adoption or foster placement.
This law states that employers who provide paid leave to an employee following the birth of the employee’s child must provide the same paid leave to an employee when a child is placed with the employee for adoption.
Jury Duty Leave
The law protects employees who serve 4 or more hours of jury duty on any given day, including travel time, employees may not be required to return to work that day. Employees may not be required to go back to work if their jury duty finishes on or after 5 p.m. on the day of duty or before 3 a.m. on the following day.
Employers are likewise prohibited from requiring the employee to use annual, vacation, or sick leave time during the absence. Employers that violate these provisions may be fined (MD Code Courts Art. Secs. 8-501, 8-502).
No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
Employers are required to provide employees with up to two hours of paid leave to perform their voting duties. Employees are required to provide proof for their leave.
Md. Code Ann., Pub. Safety, § 13-705; Md. Code Ann., Lab. & Empl., § 3-1001 to 3-1007
Members of the state National Guard and Maryland Defense Force ordered to military duty have the same leave and reinstatement rights and benefits guaranteed under USERRA.
Maryland employers with 15 or more employees must provide at least 15 days of each year to respond to an emergency mission of the Maryland Wing of the Civil Air Patrol. Employees must give as much notice as possible of their need for this leave. After arriving at the emergency location, employees must notify the employer and estimate how long the mission will take. Employees are entitled to reinstatement upon their return from this type of leave. Employers may not penalize employees for exercising their rights under this law, nor may they retaliate against employees who complain that an employer has violated the law.