On October 1, 2016, Montgomery County, Maryland, will join the ranks of numerous other counties, cities and states providing mandatory earned sick leave to employees. Earned sick and safe leave is paid time away from work for specific purposes as outlined in the law.
Who is Impacted by the Law and What is Provided?
All employers in Montgomery County, Maryland, are subject to this law as follows:
- Employers with 5 or more employees must provide one hour for every 30 hours worked in the County up to 56 hours per year.
- Employers with less than 5 employees must provide a total of 32 hours paid and 24 hours unpaid.
- Leave is provided to individuals employed in the County for at least 8 hours per week.
Up to 56 hours may be carried over from year-to-year unless an employer awards the full amount of leave at the beginning of the year. Employees may use up to 80 hours in a given year. In the event an employee leaves their employment having taken more Leave than accrued, the balance may be deducted from the employee’s final wages. Employers are not required to pay out accrued but unused balances.
What Can the Earned Sick and Safe Leave Time Be Used For?
An employee may use earned sick and safe leave for a number of reasons, some of which include the following:
- To care for or treat the employee’s mental or physical illness, injury, or condition.
- To obtain preventive medical care for the employee or a member of the employee’s family.
- To care for a family member with a mental or physical illness, injury, or other condition.
- To cover employees in the event the employer’s place of business has closed by order of a public official due to a public health emergency.
- To provide coverage in the event the school or childcare center for the employee’s family member is closed by order of a public official due to a public health emergency.
- To care for a family member if a health official or health care provider has determined that the family member’s presence in the community would jeopardize the health of others because of the family member’s exposure to a communicable disease.
- In the event of an absence resulting from domestic violence, sexual assault, or stalking committed against the employee or the employee’s family member.
Finally, employers will need to ensure that proper documentation is in place and maintained as part of standard recordkeeping for up to three years. When an employee is out for more than three consecutive days, employers may request supporting documentation which is then maintained in the formal records.
