Montgomery County, MD Mandates Paid Sick Leave

Mandatory paid sick leave laws continue to expand around the nation. Five states and at least 27 cities and counties now require that employees be allowed to accrue paid sick leave to care for their own illnesses or injuries or for preventive health care. Often, paid sick leave laws also allow an employee to use their paid sick leave time to care for the illnesses or injuries or preventive care of family members. A select few laws also allow employees to use paid sick days to obtain “safe” services related to domestic violence, sexual assault and stalking for themselves or for a family member.

Beginning October 1, 2016, Montgomery County, MD will become the latest locality to require employers to provide workers with paid sick and safe leave benefits. Under the County’s Earned Sick and Safe Leave Act, employees will accrue one hour of paid sick and safe leave for every 30 hours worked, up to the following amounts:

  • For employers with five or more employees, employees can earn up to seven days (56 hours) per year of paid sick and safe leave.
  • For employers with fewer than five employees, employees can earn up to four days (32 hours) of paid leave and two days (24 hours) of unpaid leave.

The Act’s sick and safe leave benefit may be used by employees to treat their own, or a covered family member’s, physical or mental illness, injury, or condition; to obtain preventative medical care for themselves or for a covered family member; because of a business or child care facility closure due to a public health emergency; or to relocate or to obtain legal or medical services related to domestic violence, sexual assault or stalking.

To facilitate leave administration, employers are permitted to “front load” the leave time at the start of each year allowing employees to use leave before it has been accrued. The law limits the amount of leave unused hours that may be carried over and used in the next calendar year.

Starting next month, Montgomery County employers will be required to provide their employees with notice of their rights and protections under Act, which may be accomplished by posting a notice in the workplace. The model notice is expected to be released later this month. Compliance Poster Company will have the poster available soon after its release. If you are a covered employer be sure to check our website for the poster or give us a call.