by Lisa White

Business, employment, Lisa WhiteApril 15, 20260 comments

A Maryland Employer’s Guide to Sick Leave Policies

Employers in Maryland must work within the confines of both state and federal laws when implementing sick and safe leave policies for their employees. The Maryland Healthy Working Families Act imposes specific requirements that employers must comply with regarding the accrual and usage of leave. Employers need a sick leave policy that meets the statutory requirements and meets the needs of their operations.

An employer’s legal obligation to provide sick leave to its employees depends on the number of employees at the company. If there are 15 or more employees, the employer must provide paid sick and safe leave. If 14 or fewer employees, the employer must at least provide unpaid sick and safe leave.

Certain categories of workers may be excluded from the requirement of providing leave. An employer should consult with an attorney to assess whether leave, and what type of leave, must be provided to its workers or employees.

How is Sick and Safe Leave Earned?

Employers have two choices in determining how their covered employees earn sick and safe leave. An employer may opt to allow employees to earn leave incrementally over time based on hours worked at a rate of one hour of leave for every 30 hours worked. Alternatively, an employer may choose to front-load the full amount of annual leave, which is 40 hours, at the beginning of the year. Employers may choose to require that employees wait up to 106 calendar days after beginning employment before using accrued leave.

In Maryland, unused leave must be carried over from year to year. Employees may carry over up to 40 hours of unused leave. Employers are allowed to limit the amount of leave any one employee accrues to 64 hours at any time.

For What Purposes Can an Employee Take Sick and Safe Leave?

Employees may use sick and safe leave for the following reasons:

• The employee’s own illness, injury, or medical condition
• Preventive care, such as doctor’s appointments
• Caring for a family member with a medical condition
• Medical or physiological care
• Leave to address situations involving domestic violence, sexual assault, or stalking

This list is not exhaustive. Employers should ensure that their company policies reflect all permissible uses for sick and safe leave allowed by law.

Maryland employers must comply with recordkeeping requirements and consider other federal laws that may apply to their business. Whether you are a business in need of establishing an appropriate sick and safe leave policy for your business or an employee with concerns about your company’s implementation of its sick and safe leave policy, Lewicky, O’Connor, Hunt & Meiser stands ready to assist you.

None of the information provided in this article constitutes legal advice. Every situation is different and should be thoroughly reviewed by and discussed with your legal advisors. Please do not rely on the contents of this article as a basis for making decisions regarding your situation. Please call us to schedule a consultation at (410) 489-1996.