Over the past few weeks, we’ve been in contact with Maryland’s Department of Labor, Licensing, & Regulation (DLLR) about the availability of the final version of the Earned Sick and Safe Leave notice, which outlines details of the Maryland Healthy Working Families Act, a new law effective 2/11/18.

We just received confirmation from the Commissioner of Labor and Industry’s office that since there were no modifications to the law during the state’s legislative session, which ended April 9, there are no plans to further revise the notice.

As we write this communication, our Maryland poster is in the process of being updated to include the final version of the notice. Keep reading to find out details of the law for employers and employees, as outlined on the Earned Sick and Safe Leave (ESSL) notice.

Maryland Healthy Working Families Act

Paid and Unpaid Leave

Under the law, employers who have 15 or more employees are required to provide paid sick and safe leave for certain employees. In contrast, employers who have 14 or fewer employees are required to provide unpaid sick and safe leave for certain employees.

Accrual of Earned Sick and Safe Leave

As of February 11, 2018, or the date on which a new employee begins employment, whichever is later, employees may begin accruing ESSL. Employees may accrue 1 hour of leave for every 30 hours worked, with a maximum of 40 hours per year. However, they may not accrue more than 64 hours of earned sick and safe leave at any time.

Permitted Uses of Earned Sick and Safe Leave

Employees are permitted to use ESSL for the following reasons:

  • To treat their own—or a family member’s—mental or physical illness, injury, or condition
  • To get preventative medical care for themselves or a family member
  • For maternity or paternity leave

In addition, after an act of domestic violence, sexual assault, or stalking against an employee or an employee’s family member, ESSL may be used as follows:

  • To get help with medical or mental health
  • To obtain services provided by a victims’ services organization
  • For legal help or proceedings
  • For temporary relocation (applies to employees only)

Reporting Requirements

Employers must provide employees with a written statement outlining the amount of earned sick and safe leave that is available to them.

Prohibited Actions

Employers are prohibited from taking adverse actions against employees who exercise their rights under the Maryland Healthy Working Families Act.

Employees may not make fraudulent complaints against an employer or testify in a bad faith case against an employer.

Filing a Complaint

For employees who feel their rights have been violated and want to file a complaint, or for those who would like more information about the law, the ESSL notice includes contact information for the Commissioner of Labor and Industry’s office.

Let Us Help You Stay in Compliance

If you have not already done so, order our OneSystem 1-Year Compliance Plan so that you will automatically receive the updated Maryland poster as soon as it is available. And because we provide free updates for mandatory changes, no matter how many occur during the 12-month period, you can always count on Poster Compliance Center to keep you in compliance!