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Employment Law Alert – Maryland to Require Paid Sick Leave with Senate Veto Override

January 16, 2018

On Friday, the Maryland Senate followed the House of Delegates by voting to override Governor Hogan’s veto of a bill requiring most employers to provide paid sick leave to their employees. As a result, this legislation will become effective on February 11, 2018, giving employers only 30 days to take the necessary steps to ensure that their leave policies comply with this law.

The new law will require employers with 15 or more employees to allow staff to earn up to five days of paid sick leave per year, which will accrue at a rate of at least one hour for every 30 hours worked. Employers with less than 15 employees will be required to provide unpaid leave under this legislation.

In addition, the law imposes several obligations on employers. They must provide notice to employees regarding how their leave is accrued, how and under what circumstances it may be used, and how much leave each employee has available.

Maryland employers should review any existing sick leave or PTO policies to ensure that they comply with the technical requirements of this new law. If an employer is not currently providing any paid leave, they should develop the appropriate sick leave policies and procedures in advance of the law’s effective date – which is rapidly approaching. Unfortunately, because employers only have 30 days’ notice, those who recently adopted new handbooks may need to make changes to their policies once again.

Notably for Montgomery County employers, having a policy in place which complies with the Montgomery County Earned Sick and Safe Leave Act does not ensure compliance with the new state law. There are differences between the state and local laws regarding the purposes for using leave, family members covered, and verification procedures, among other things. Furthermore, the language of the new law requires Montgomery County employers to comply with the requirements of both laws.

If you have questions regarding the impact of this new law on your business or whether your current policies are adequate, please do not hesitate to contact us.

The contents of this Alert are for informational purposes only, and do not constitute legal advice. If you have any questions about this Alert, please contact the Shulman Rogers attorney with whom you regularly work or a member of the Shulman Rogers Employment and Labor Law Group.

CONTACT

Gregory D. Grant
301-230-6578
703-684-5200

Meredith “Merry” Campbell
301-255-0550

John D. Clifford
301-230-5216

Joy C. Einstein
301-945-9250