Maryland — Leave Laws

Maryland's Healthy Working Families Act requires all employers with employees whose primary work location is in Maryland to provide earned sick and safe leave, regardless of where the employer is located. Employers with 15 or more employees must provide paid leave; employers with 14 or fewer employees must provide unpaid leave. The employer-size threshold is determined by calculating the average monthly number of employees during the immediately preceding year.

Source: Md. Code Ann., Lab. & Empl. §§ 3-1301 to 3-1311; Maryland Department of Labor — Sick and Safe Leave

Employees accrue earned sick and safe leave at a rate of at least one hour for every 30 hours worked. Employers are not required to allow employees to earn more than 40 hours in a year, accrue a total of more than 64 hours at any time, or use more than 64 hours in a year. Employees may carry over up to 40 hours of unused leave to the following year (subject to the 64-hour total cap). Alternatively, employers may front-load the full 40 hours at the beginning of the year and, if they do so, may prohibit carryover of unused leave.

Source: Md. Code Ann., Lab. & Empl. § 3-1304

Maryland law requires employers to allow employees to use earned sick and safe leave for five distinct categories of qualifying reasons under Md. Code Ann., Lab. & Empl. § 3-1305(a).

Employee's Own Health

An employee may use leave to care for or treat the employee's own mental or physical illness, injury, or condition, and to obtain preventive medical care for the employee.

Family Member Care

An employee may use leave to obtain preventive medical care for a family member, or to care for a family member with a mental or physical illness, injury, or condition. Maryland defines "family member" broadly under § 3-1301(g) to include:

• A biological, adopted, foster, or step- child of the employee;
• A child for whom the employee has legal or physical custody or guardianship;
• A child for whom the employee stands in loco parentis, regardless of age;
• A biological, adoptive, foster, or step- parent of the employee or of the employee's spouse;
• The legal guardian or ward of the employee or of the employee's spouse;
• An individual who acted as a parent or stood in loco parentis to the employee or the employee's spouse when either was a minor;
• The spouse of the employee;
• A biological, adopted, foster, or step- grandparent of the employee;
• A biological, adopted, foster, or step- grandchild of the employee; or
• A biological, adopted, foster, or step- sibling of the employee.

Maternity or Paternity Leave

Employees may use earned sick and safe leave for maternity or paternity leave, without limitation as to the specific purpose within bonding or recovery from childbirth.

Domestic Violence, Sexual Assault, or Stalking

An employee may use leave when the absence from work is necessary due to domestic violence, sexual assault, or stalking committed against the employee or the employee's family member, and the leave is being used:

• To obtain medical or mental health attention related to the domestic violence, sexual assault, or stalking for the employee or the employee's family member;
• To obtain services from a victim services organization related to the domestic violence, sexual assault, or stalking;
• For legal services or proceedings related to or resulting from the domestic violence, sexual assault, or stalking; or
• During the time that the employee has temporarily relocated due to the domestic violence, sexual assault, or stalking.

Usage Restrictions and Increments

Employers may limit the minimum increment of leave usage to no more than 4 hours per use. Employers are not required to allow employees to use accrued leave during the first 106 calendar days of employment (approximately 15 weeks), though employees continue to accrue leave during this waiting period; the 106-day restriction applies only to use, not to accrual.

Source: Md. Code Ann., Lab. & Empl. § 3-1305; Md. Code Ann., Lab. & Empl. § 3-1301

Maryland's Healthy Working Families Act (MHWFA), codified at Md. Code Ann., Lab. & Empl. § 3-1303, identifies several classes of employees who are exempt from coverage (not entitled to earn sick and safe leave under the Act):

1. Independent Contractors Workers who are not employees under Maryland's standard wage-and-hour definitions are excluded from MHWFA coverage (§ 3-1303(a)(1)).

2. Employees Who Regularly Work Less Than 12 Hours a Week An employee whose "primary work location is in the State" but who regularly works fewer than 12 hours per week for an employer is excluded (§ 3-1303(a)(2)). Note that the "12-hour" threshold is measured on a weekly basis—not as an annual average.

3. Construction Industry Prevailing Wage Employees Employees "employed in the construction industry" and who are "covered by a bona fide collective bargaining agreement" in which the requirements of the MHWFA are expressly waived are exempt (§ 3-1303(a)(3)). This exemption is both industry-specific and CBA-dependent.

4. Certain On-Call Health or Human Service Workers The Act excludes employees called to work for an "as-needed health or human service entity on an as-needed basis" where the individual can accept or reject each shift and is not guaranteed a minimum number of hours (§ 3-1303(a)(4)). This carveout is industry- and role-specific.

5. Agricultural Employees Agricultural workers engaged in "the planting, cultivating, or harvesting of crops; or... the preparation of trees, vines, shrubs, plants, or seedlings for market" are excluded from MHWFA coverage (§ 3-1303(a)(5)).

6. Temporary Services and Certain Construction Laborers Individuals "employed by a temporary services agency to provide temporary staffing services to another person" (with certain construction laborer roles) are specifically carved out (§ 3-1303(a)(6)).

7. Railway Workers An employee who is "employed by an employer licensed as a not-for-hire railroad by the Maryland Department of Transportation" is exempt (§ 3-1303(a)(7)).

Summary Chart (by criteria):

• Regularly works <12 hours/week: universally excluded.
• Construction/prevailing wage: needs CBA waiver.
• On-call health/human service: must meet shift/guaranteed-hours test.
• Agriculture/temporary services/railways: categorical exclusions.

For each exemption, precise statutory language controls. Additional conditions or interpretations may appear in regulations or agency guidance, but as of this writing, the statute itself is the primary source for these carveouts.

Source: Md. Code Ann., Lab. & Empl. § 3-1303

Employee Notice of Rights Under the Maryland Healthy Working Families Act (MHWFA), all employers must provide employees a written notice describing their rights under the Act, including:

• Entitlement to earned sick and safe leave;
• The accrual method and annual amount of leave available;
• Permissible uses for leave (including family care, preventive care, and reasons related to domestic violence);
• The prohibition against employer retaliation for using leave; and
• The right to file a complaint or bring a civil action if denied rights under the Act.

This notice can be (a) posted in a conspicuous place at the worksite, (b) distributed at hire or by the start of employment, or (c) placed in a handbook or manual if applicable. Posting satisfies the law if no handbook or written onboarding process exists. The Maryland Department of Labor provides a model notice.

Leave Balance Statements With each pay period, employers must provide employees a written statement—on the paystub, via an online account system, or as a separate document—showing the amount of earned sick and safe leave currently available for use (Md. Code Ann., Lab. & Empl. § 3-1305(f)(3)).

Recordkeeping Employers must retain detailed records of each employee’s earned sick and safe leave accrued and used, for at least three years. These records must be available for inspection by the Commissioner of Labor and Industry. If no record is kept, any dispute regarding accrual or usage is presumed to favor the employee. (Md. Code Ann., Lab. & Empl. § 3-1306).

Summary Table:

• Notice of Rights: Written (at hire/onboarding), posted, or in handbook; sample model notice available from MD Labor
• Leave Balances: Written statement each pay period
• Recordkeeping: Keep accrual/usage details for at least three years

Source: Md. Code Ann., Lab. & Empl. § 3-1305(f); Md. Code Ann., Lab. & Empl. § 3-1306; Maryland Department of Labor MHWFA notice FAQ

Maryland's Healthy Working Families Act (MHWFA) requires employees to provide their employer with notice before using earned sick and safe leave, with the standard tethered to whether the leave is foreseeable or unforeseeable.

Foreseeable Leave (appointments, planned procedures, etc.) If the need for leave is foreseeable, the statute permits employers to require employees to give "reasonable notice"—in practice, this may mean using the employer's regular notice policy or a set advance period, but the law caps this at seven days before the leave is needed. The seven-day period is not automatic; it is the maximum advance notice an employer may require for a foreseeable event, not a minimum. If the employer's policy requires less, or simply "as soon as practicable," that controls, provided the policy does not operate to prevent employees from taking leave to which they are entitled. (Md. Code Ann., Lab. & Empl. § 3-1305(c)(1)).

Unforeseeable Leave (emergencies, sudden illness, etc.) Where the need for leave is not foreseeable, the statute instructs employees to provide notice "as soon as practicable". Emergencies, accidents, and sudden family needs qualify for this looser standard (Md. Code Ann., Lab. & Empl. § 3-1305(c)(2)).

Employer Denial of Leave for Insufficient Notice Employers may deny the use of earned sick and safe leave if the failure to give required notice (by policy or the statute) would cause disruption to the employer. However, "disruption" remains undefined in statute or regulation as of June 2024. The statute strictly limits denial to these terms—an employer may not set notice requirements solely to discourage legitimate leave use (Md. Code Ann., Lab. & Empl. § 3-1305(c)(3)).

Statute Scope and Effective Date Section 3-1305 was enacted in 2018 and sets the core employee notice standards; as of this writing, there are no additional state regulations further interpreting "disruption" or setting a universal timing standard. Employers and employees should refer to their own written leave policies for exact notice mechanics, provided those policies do not conflict with or restrict the rights granted by the Act.

Summary Table

• Foreseeable leave: Employee must give reasonable notice (up to 7 days in advance, if required by employer policy)
• Unforeseeable leave: Employee gives notice as soon as practicable
• Employer may deny leave: Only if lack of required notice would disrupt operations

Source: Md. Code Ann., Lab. & Empl. § 3-1305(c)

Under Maryland's Healthy Working Families Act (MHWFA), an employer may require an employee to provide verification that earned sick and safe leave (ESSL) was used for a qualifying purpose in only two situations:

• More than two consecutive scheduled shifts: If an employee uses ESSL for more than two consecutive scheduled shifts, the employer may require reasonable verification that the leave was for a permitted use. "Verification" may include a doctor’s note or other documentation demonstrating the qualifying reason.

• Usage in days 107–120 of employment (with advance agreement): During an employee’s 107th through 120th calendar days of employment, the employer may require verification for ESSL use only if, at the time of hire, the employer and employee mutually agreed to a verification requirement for that specific period. This agreement must be in place at hire; it cannot be imposed retroactively.

If an employee fails or refuses to provide verification when properly required under these criteria, the employer may deny a subsequent request to use ESSL for the same reason. The statute uses this exact phrase—"for the same reason"—to confine the denial to the previously undocumented purpose.

Employers do not have statutory authority to require verification for single-day ESSL use or for absences outside the explicitly listed circumstances above. Any broader policy, such as demanding a doctor’s note for every short-term absence, is not supported under the MHWFA.

Maryland Department of Labor guidance mirrors these statutory triggers, clarifying that employer verification must follow these boundaries and that additional restrictions are not permitted under Maryland law.

Source: Md. Code Ann., Lab. & Empl. § 3-1305(d) Source: Maryland Department of Labor MHWFA FAQ