Maryland’s Sick and Safe Leave Act: Employee Rights and Employer Obligations

In 2018, Maryland enacted the Healthy Working Families Act, commonly known as the Sick and Safe Leave Act, to ensure that employees have access to paid time off for health and safety-related issues. This law has significant implications for both employees and employers, making it crucial to understand its requirements and protections. Whether you’re an employee looking to know your rights or an employer aiming to stay compliant, this blog will provide you with essential information.

1. Understanding the Sick and Safe Leave Act

The Maryland Sick and Safe Leave Act mandates that certain employers provide paid leave to their employees for specific purposes. The law is designed to protect employees who need time off for their health or safety or that of their family members.

Eligible employees can use this leave for a variety of reasons, including:

• Personal or family illness: Employees can take leave to care for their own health or the health of a family member.
• Preventative medical care: Time off for routine medical appointments or preventive care is covered.
• Safety reasons: If an employee or their family member is a victim of domestic violence, sexual assault, or stalking, they can use this leave for legal proceedings, medical treatment, or relocation.

2. Who is Eligible for Sick and Safe Leave?

Under the Act, employers with 15 or more employees must provide paid sick and safe leave, while employers with fewer than 15 employees must provide unpaid leave. Employees are eligible if they regularly work 12 or more hours per week.

However, there are exceptions to this rule. For instance, independent contractors, certain agricultural workers, and employees who work on an as-needed basis without a set schedule may not be covered by this law. It’s important for both employers and employees to verify eligibility based on specific employment circumstances.

3. How is Leave Accrued and Used?

Employees accrue sick and safe leave at a rate of at least one hour for every 30 hours worked, up to 40 hours of leave per year. Employers may allow the leave to roll over to the next year, but they are not required to allow employees to use more than 64 hours in a single year.

When using this leave, employees should notify their employer as soon as possible. In some cases, employers may request documentation to verify the reason for leave, particularly if the employee takes leave for more than two consecutive shifts.

4. Employer Obligations and Compliance

Employers in Maryland must comply with several key obligations under the Sick and Safe Leave Act:

• Posting Requirements: Employers are required to inform employees of their rights under the law by posting a notice in the workplace and including information in employee handbooks.
• Record Keeping: Employers must keep records of leave accrual and usage for at least three years. Failure to maintain these records can result in penalties.
• No Retaliation: Employers cannot retaliate against employees who exercise their rights under the Act. This includes firing, demotion, or any other adverse action related to an employee’s use of sick and safe leave.

Failure to comply with these obligations can result in fines and legal action, making it crucial for employers to understand and adhere to the law.

5. What to Do if Your Rights Are Violated

If you believe your employer is not complying with the Maryland Sick and Safe Leave Act, you have options. Employees can file a complaint with the Maryland Department of Labor or seek legal counsel to explore their rights and potential remedies. Common violations include failing to provide leave, improper record-keeping, or retaliating against employees who use their leave.

Taking action early can help resolve issues quickly and ensure that your rights are protected.

Talk to a Maryland Attorney Today

Navigating the complexities of the Maryland Sick and Safe Leave Act can be challenging, whether you’re an employee seeking to understand your rights or an employer looking to comply with the law. The Spiggle Law Firm is here to assist you. Our team of experienced employment attorneys can provide you with the guidance you need to ensure that your rights are protected and your business is compliant.

For more information or to schedule a consultation, contact The Spiggle Law Firm today. We are dedicated to helping you understand and navigate Maryland’s employment laws.