Bill No.
60-14
Concerning: Human Rights and Civil
Liberties - Earned Sick and Safe
Leave
Revised: June
23, 2015
Draft No. _8_
Introduced:
November
25, 2014
Enacted:
June
23, 2015
Executive: - - - - - - - - -
Effective: - - - - - - - - - -
Sunset Date:
_:....:.No=n=e~------
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council Vice President Leventhal and Councilmembers Navarro, Branson, Eirich, Riemer, and
Rucker
AN ACT
to:
(1)
(2)
(3)
(4)
require certain employers in the County to provide earned sick and safe leave to
certain employees working in the County;
provide enforcement by the Office of Human Rights and the Human Rights
Commission or the appropriate State agency;
authorize the Human Rights Commission to award certain relief; and
generally regulate the sick and safe leave benefits provided to an employee working
in the County for certain employers.
By amending
Montgomery County Code
Chapter 27, Human Rights and Civil Liberties
Sections 27-7 and 27-8
By adding
Montgomery County Code
Chapter 27, Human Rights and Civil Liberties
Article XIII, Earned Sick and Safe leave
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deleted.from existing law or the bill by amendment.
Existing law unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 60-14
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Sec.
1.
Sections 27-7 and 27-8 are amended and Chapter 27, Article
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XIII is added as follows:
27-7. Administration and enforcement.
(a)
Filing complaints.
Any person subjected to a discriminatory act or
5
practice in violation of this Article.1 or any group or person seeking to
enforce this Article or Articles X, XI,
[Qr]
XII, or XIII may file with the
Director a written complaint, sworn to or affirmed under the penalties of
perjury, that must state:
(1)
(2)
the particulars of the alleged violation;
the name and address of the person alleged to have committed the
violation; and
(3)
any other information required by law or regulation.
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13
*
(
f)
*
*
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Initial determination, dismissal before hearing.
(1)
The Director must determine, based on the investigation, whether
reasonable grounds exist to believe that a violation of this Article
or Articles X, XI,
[Qr]
XII, or XIII occurred and promptly send
the determination to the complainant and the respondent.
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(2)
If
the Director determines that there are no reasonable grounds to
believe a violation occurred, and the complainant appeals the
determination to the Commission within 30 days after the
Director sends the determination to the complainant, the Director
promptly must certify the complaint to the Commission. The
Commission must appoint a case review board to consider the
appeal. The board may hear oral argillnent and must:
(A)
(B)
dismiss the complaint without a hearing;
order the Director to investigate further; or
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No.
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(C)
set the matter for a hearing by a hearing examiner or the
board itself, and consider and decide the complaint in the
same manner as if the Director had found reasonable
grounds to believe that a violation of this Article or
Articles X, XI,
IQ!]
XII, or XIII occurred.
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(3)
If
the Director determines that there are reasonable grounds to
believe a violation occurred, the 'Director must attempt to
conciliate the matter under subsection (g).
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*
27-8. Penalties and relief.
*
*
(a)
Damages and other relieffor complainant.
After finding a violation
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of this Article or Articles X,_ [or] XI,_ or XIII, the case review board
may order the payment of damages (other than punitive damages) and
any other relief that the law and the facts warrant, such as:
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*
(2)
*
*
equitable relief to prevent the discrimination or the violation of
Articles X,_ [or] XI,_ or XIII and otherwise effectuate the purposes
of this Chapter;
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*
(4)
*
*
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any other relief that furthers the purposes of this Article or
Articles X,_ [or] XI,_ or XIII or is necessary to eliminate the effects
of any discrimination prohibited under this Article.
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*
27-76.
{fil
*
*
ARTICLE
XIII.
Earned Sick and Safe leave.
Findings and Definitions.
Findings.
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No. 60-14
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ill
ill
Many persons employed in the County do not receive earned sick
and safe leave.
The absence of earned sick and safe leave often results in the
unnecessary spread of disease in the County when:
(A)
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an employee without earned sick and safe leave is forced
to work
while~
or
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ill)
~
parent without earned sick and safe leave is fo!ced to
send
~
sick child to day care or school.
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Minimum standards for earned sick and safe leave in the County
are necessary to:
(A)
promote the health and welfare of County residents;
safeguard employers and employees against unfair
competition;
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ill)
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.(Q
(D)
increase the stability of industry in the County; and
decrease the need for the County to spend public money
for the relief of employees who also live in the County.
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.(hl
Definitions.
As used in this Article:
Abuse
has the meaning defined in Section 4-501 of the Family Law
Article of the Maryland Code, as amended.
Director
means the Executive Director of the Office of Human Rights
and includes the Executive Director's designee.
Domestic violence
means abuse against
~person
eligible for relief.
Earned sick and safe leave
means paid leave away from work that is
provided
hy
an employer under §27-77 and can be used for the purposes
described in §27-79. Earned sick and safe leave includes paid time off
that can be used
hy
the employee for any purpose.
Employ
means to engage
~person
to work for compensation.
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Employee
means any person permitted or instructed to work or be
present
.by
an employer in the County, including
!!
domestic worker as
defined in Section 11-4B(b). Employee does not include:
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an individual who:
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[[ill]]
(A)
[[ffi]]
(ID
does not have
!!
regular work schedule with the
employer;
contacts the employer for work assignments and is
scheduled to work the assignments within 48 hours after
contacting the employer;
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[[Q)]]
(Q
has no obligation to work for the employer if the
individual does not contact the employer for work
assignments; and
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[((1}]]
(D)
[I~]]
is not employed
Qy
!!
temporary placement agency;
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an individual who regularly works 8 hours or less each week; or
an individual who is an independent contractor.
Employer
means any person, individual, ·proprietorship, partnership,
joint venture, corporation, limited liability company, trust, association,
or other entity operating and doing business in the County that employs
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or more persons in the County in addition to the owners. Employer
includes the County government, but does not include the United States,
any State, or any other local government.
Family member
means:
ill
!!
biological child, adopted child, foster child, or stepchild of the
employee;
ill
!!
child for whom the employee has legal or physical custody or
guardianship;
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No. 60-14
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.(1)
f! child for whom the employee is the primary caregiver;
f! biological parent, adoptive parent, foster parent, or stepparent of
the employee or the employee's spouse;
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the legal guardian of the employee;
an individual who served as the primary caregiver of the
employee when the employee was f! minor;
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(2)
the spouse of the employee;
f! grandparent of the employee;
the spouse off! grandparent of the employee;
QQ}
f! grandchild of the employee;
ill)
f! biological, adopted, or foster sibling of the employee; or
ill}
the spouse of f! biological, adopted, or foster sibling of the
employee.
Health care provider
means an individual licensed under State law to
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provide medical services.
Person eligible for reliefhas
the meaning stated in Section 4-501 of the
Family Law Article of the Maryland Code, as amended.
Sexual assault
means:
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rape, sexual offense, or any other act that is f! sexual crime under
Title
~
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Subtitle
1
of the Criminal Law Article of the Maryland
Code, as amended;
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child sexual abuse under Section 3-602 of the Criminal Law
Article of the Maryland Code, as amended; or
sexual abuse off! vulnerable adult under Section 3-604 of the
Criminal Law Article of the Maryland Code, as amended.
Stalking
has the meaning stated in Section 3-802 of the Criminal Law
Article of the Maryland Code, as amended.
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Tipped employee
means an employee who:
ill
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27-77.
.(fil
is engaged in an occupation
in
which the employee customarily
and regularly receives more than $30 each month in tips;
has been informed
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the employer about the provisions of this
Section; and
has kept all of the tips that the employee received.
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Earned Sick and Safe Leave Required.
Earned sick and sate leave.
An
employer must provide each employee
earned sick and safe leave for work performed in the County paid at the
same rate and with the same benefits as the employee normally earns.
A tipped employee must be paid at least the County minimum wage
required under Section 27-68 for each hour the employee uses earned
sick and safe leave.
An
employer with fewer than 5 employees must
provide each employee with both paid and unpaid sick and safe leave
for work performed
in
the County as required in subsection (c).
An
employee must accrue paid leave before accruing unpaid leave in a
calendar year.
Rate
Qf
accrual for an employer with 5 or more employees.
The paid
.{Q)
earned sick and safe leave provided under subsection
.(hl
must accrue at
~rate
of at least
l
hour for every 30 hours an employee works
in
the
County, except an employer with 5 or more employees must not be
required
to
allow an employee to:
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earn more than 56 hours of earned sick and safe leave
in
calendar year; or
use more than 80 hours of earned sick and safe leave
in
calendar year.
~
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Rate of accrual (Or an emplover with fewer than 5 employees.
The
earned sick and safe leave provided under subsection
Ca)
must accrue at
a rate of at least 1 hour for every 30 hours an employee works in the
County. except an employer with fewer than 5 employees must not be
required to allow an employee to:
ill
earn more than 32 hours of paid earned sick and safe leave and 24
hours of unpaid earned sick and safe leave in a calendar year: or
m
@
use more than 80 hours of earned sick and safe leave
in
a
calendar year.
Retaliation prohibited.
A person must not:
ill
retaliate against any person for:
(A)
ill)
lawfully opposing any violation of this Article; or
filing
~complaint,
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testifying, assisting, or participating in
any manner in an investigation, proceeding, or hearing
under this Article; or
ill
27-78.
~
obstruct or prevent enforcement or compliance with this Article.
Minimum Earned Sick and Safe Leave Standards.
An employer may award earned sick and safe leave as the leave accrues
during the calendar year or may award the full amount that an employee
would earn over the entire calendar year at the beginning
year.
To
-
calculate
- .
- -
accrual
-
earned
. - - - -
leave for
-
the rate of
of
sick and safe
- - -
an
employee who is exempt from the overtime provisions of the Federal
of~
calendar
Fair Labor Standards Act, the employer must assume the employee
worked the number of hours worked in
hours each workweek.
~
normal workweek
!!P
to 40
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Unless an employer awards the full amount of earned sick and safe
leave that the employee would earn over the entire calendar year at the
beginning of a calendar year.[[An]] an employer must permit an
employee to
~
the balance of any unused earned sick and safe leave
over to the next calendar year, but an employer must not be required to
permit an employee to
sick and safe leave.
~
over more than 56 hours of unused earned
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@
[[If an employee begins working outside the County for the same
employer, the employer must permit the employee to use the earned
sick and safe leave that accrued while working for the employer in the
County.]] If an employee is allowed to use earned sick and safe leave
before it has accrued. or if an employee who receives the full amount of
earned sick and safe leave at the beginning of the year and uses more
than would have been earned up to that time. the employer may deduct
the amount paid for the earned sick and safe leave from the wages paid
to the employee on the termination of employment if:
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the employer and employee mutually consented to the deduction
as evidenced by a document signed by the employee; and
the employee leaves the emplovment of the employer before the
employee has accrued the amount of earned sick and safe leave
that was used.
[[@]]
W
If an employee is rehired
Qy
an employer to work in the County
[~]]
within
[[.12]]
2
months after leaving the employment, the employer
must reinstate any unused earned sick and safe leave that the employee
had when the employee left the employment except for when the
employee voluntarily leaves work without good cause as defined in
MD. LABOR
&
EMPL. CODE ANN. §8-1001.
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[[ill]] [[!ru]]
ill
An employer may permit an employee to use earned sick
and safe leave before the amount needed hy the employee accrues.
[(ill]]
(g)
An employer must permit an employee to earn sick and safe
leave during an initial 90-day probationary period. but may prohibit an
employee from using earned sick and safe leave during an initial 90-day
probationary period.
[[(g)]]
ili)
This Article must not be construed to:
require an employer to compensate an employee for unused
earned sick and safe leave when the employee leaves the
employer's employment:
ill
ill
prohibit an employer from adopting or retaining a general paid
leave policy that meets the minimum requirement of this Article;
or
ill
affect a prov1s1on of a contract. a collective bargaining
agreement. an employee benefit plan. or any other agreement that
requires the employer to provide general paid leave benefits that
meet the minimum requirements of this Article.
27-79.
~
Use of Earned Sick and Safe Leave.
An employee may use earned sick and safe leave:
ill
to care for or treat the employee's mental or physical illness,
injury, or condition;
ill
ill
to obtain preventive medical care for the employee or the
employee's family member;
to care for
~
family member with
~
mental or physical illness,
injury, or condition;
ill
if the employer's place of business has closed hy order
public official due to
~
public health emergency;
of~
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No. 60-14
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if the school or child care center for the employee's family
member is closed
.12y
order of
~
public official due to
~
public
health emergency;
.{fil
to care for
~
family member if
~
health official or health care
provider has determined that the family member's presence in the
community would jeopardize the health of others because of the
family member's exposure to
~
communicable disease; or
ill
if the absence from work is due to domestic violence, sexual
assault, or stalking committed against the employee or the
employee's family member and the leave is used:
(A)
.12y
the employee to obtain for the employee or the
employee's family;
ill
medical attention needed to recover from
~
physical
or psychological injury due to domestic violence,
sexual assault, or stalking;
(ii)
services from
~
victim services organization related
to the domestic violence, sexual assault, or stalking;
or
(iii)
legal
services,
including
preparmg
.
participating
in~
civil or criminal proceeding related
to the domestic violence, sexual assault, or stalking;
(fil
during the time that the employee has temporarily
relocated due to the domestic violence, sexual assault, or
stalking.
(hl
To use earned sick and safe leave, an employee must:
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(fil
@
(£}
ill
request leave from the employer as soon as practicable after the
employee determines that the employee needs to take leave;
ru
ill
notify the employer of the anticipated duration of the leave; and
comply with any reasonable procedures established
.Qy
the
employer when requesting and taking leave.
An employer must not require an employee who requests earned sick
and safe leave to search for or find an individual to take the employee's
place while the employee takes leave.
An employer must not require an employee to:
ill
disclose specific details of the mental or physical illness, injury,
or condition of the employee or the employee's family member;
or
ru
provide as certification any information that would violate the
Federal Social Security Act or the Federal Health Insurance
Portability and Accountability Act.
By mutual consent of the employee and the employer, the employee
may work additional hours or trade shifts with another employee during
~
M period to make
.!!Q
the amount of work hours that the employee
missed for which the employee could have used earned sick and safe
leave.
ill
An employee may take earned sick and .safe leave in the smallest
increment that the employer's payroll system uses to account for
absences or work time, except that an employee must not be required to
take earned sick and safe leave in an increment of more than
[[1
hour]]
4 hours.
.{g}
An employer must provide an employee with
~
written statement of
available earned sick and safe leave each time the employer
Pm
wages
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to the employee. An employer may satisfy this requirement through an
online system where the employee can access their own earned sick and
safe leave balances.
®
An employer may require an employee who uses more than
J.
consecutive days of earned sick and safe leave to provide reasonable
documentation to verify that the leave was used appropriately.
27-80.
Notice.
w
.{Q)
An employer must notify the employees that they are entitled to earned
sick and safe leave under this Article.
The notice must include:
ill
ill
ill
.(±)
~
statement of how earned sick and safe leave is accrued;
the permitted uses of earned sick and safe leave;
~
statement that the employer must not retaliate against an
employee for exercising the rights granted
.Qy
this Article; and
information about the employee's right to file
~complaint
with
the Director
for~
violation of any rights granted
.Qy
this Article.
{fl
The Director must create and publish
~
model notice in English,
Spanish, and any other language that the Director finds is necessary that
may be used
.Qy
an employer to comply with subsection
ili1
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@
An employer may provide notice by:
ill
displaying the model notice or another notice containing the same
information in
~
conspicuous and accessible area at each of the
employer's work locations in the County;
ill
including the model notice or another notice containing the same
information in an employee handbook or other written guidance
distributed to all employees; or
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27-81.
distributing the model notice or another notice containing the
same information to each employee when the employee is hired.
Records.
w
(hl
An
employer must keep, for at least
J.
years, !! record of:
ill
ill
earned sick and safe leave accrued by each employee; and
earned sick and safe leave used by each employee.
After giving the employer notice and determining !! mutually agreeable
time for the inspection, the Director may inspect !! record kept under
subsection
.{fil
for the purposes of determining whether the employer is
complying with this Article.
27-82.
Enforcement.
W
A covered employee [[who was]] who did not receive earned sick and
safe leave in violation of this Article may file !! complaint with the
Director under Section
27-7.
(hl
The County Executive may delegate the authority to enforce this Article
to!! State agency that is legally authorized to enforce the County earned
sick and safe leave requirements.
Sec. 2.
Transition.
Notwithstanding Section
27-77,
as added in Section
1,
earned sick and
safe leave must begin to accrue for all work performed in the County on or after
October 1, [[2015]] 2016.
An
employer must not be reqµired
to
permit an employee
to accrue earned sick and safe leave for hours worked before October 1, [[2015]]
2016.
Sec. 3.
Effective Date.
This Act takes effect on October 1, [[2015]] 2016([. or for an employee
covered by a bona fide collective bargaining agreement in effect on October 1. 2016.
after the expiration of the collective bargaining agreement]].
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No. 60-14
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Approved:
~
/z.4/i.&>15
George Leventhal, President, County Council
Date
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Approved:
Isiah Leggett, County Executive
Date
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352
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
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