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Maryland’s New Rules On Sick and Safe Leave

The Maryland Healthy Working Families Act, which went into effect on February 11, 2018, requires employers with 15 or more employees to provide earned sick and safe leave at the same wage rate as the employee is supposed to earn.  Employers with 14 or fewer employees are required to provide unpaid earned sick and safe leave.  The leave accrues at a rate of one hour per every 30 hours worked and has an accrual cap of 40 hours per year.  It also has a use cap of 64 hours per year.  The law also prohibits an employer from taking any adverse action against an employee who exercises a right under the Maryland Healthy Working Families Act.

Now, the Maryland Department of Labor, Licensing and Regulation (DLLR) has issued a revised model employee poster, an updated frequently asked questions (FAQs) about the Maryland Healthy Working Families Act, as well as three model earned sick and safe leave policies.  It is beneficial for Maryland employees to be aware of these.

The updated Maryland Earned Sick and Safe Leave Employee Notice Poster can be found at: http://www.dllr.state.md.us/paidleave/paidleaveposter.pdf

The updated FAQs regarding the Maryland Healthy Working Families Act can be found at: https://www.dllr.state.md.us/paidleave/paidleavefaqs.pdf

The sample Earned Sick and Safe Leave Policies can be found at: http://www.dllr.state.md.us/paidleave/paidleavemodel.shtml

These three model policies pertain to the scenarios of employers awarding earned leave at the beginning of the year, employers allowing leave to accrue throughout the year and a policy for tipped employees in the restaurant industry.

If you work in Maryland and believe that you have been wrongfully denied sick and safe leave, you may file a complaint with the Maryland Commissioner of Labor and Industry.  You may also be eligible for an award of up to three times the value of your unpaid sick and safe leave.

Allow us to help you.  At Alan Lescht & Associates P.C., we are committed to protecting your rights as an employee.  Give us a call today at (202) 463-6036, email us, or visit our website.

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