Agenda Item 4A
June 28, 2016
Introduction
MEMORANDUM
June 24,2016
TO:
FROM:
County Council
Robert
H.
Drummer, Senior Legislative
AttomeY~Q-
SUBJECT:
Introduction:
Bill 27-16, Human Rights and Civil Liberties - Earned Sick and Safe Leave
Eligibility
Bill 27 -16, Human Rights and Civil Liberties - Earned Sick and Safe Leave - Eligibility, sponsored
by Lead Sponsor Councilmember Leventhal and Co-Sponsor Vice President Berliner, is scheduled to be
introduced on June 28, 2016. A public hearing is tentatively scheduled for July 19 at 1:30 p.m.
Bill 27-16 would exempt a seasonafemployee who works for less than 120 calendar days in a year
at an amusement or recreational program that operates for less
than
120 calendar days each year
in
the
County from the earned sick and safe leave law.
It
would also provide that an employee working in the
County who is paid exclusively on a commission basis accrues only unpaid sick and safe leave.
Background
Bill 60-14, Human Rights and Civil Liberties - Earned Sick and Safe Leave, enacted on June 23,
2015 and signed into law on July 2,2015, requires an employer doing business
in
the County to provide
a minimum amount of earned sick and safe leave for an employee who works
in
the County. Bill 60-14
was enacted with a delayed effective date of October 1,2016 to give employers time to adapt their payroll
systems to the new law. The County Office of Human Rights has been meeting with County businesses
over the past year to explain the new law and answer questions.
Bill 27-16 would amend eligibility requirements in the law to exempt a seasonal employee who
works for less than 120 calendar days in a year at an amusement or recreational program that operates for
less than 120 calendar days each year in the County from the earned sick and safe leave law. 1bis
exemption would apply to workers at a seasonal business, such as a summer camp or swimming pool that
operates for less than 120 days each year.
One of the questions that arose from discussions with employers was how to treat an employee
who is paid exclusively by a commission on sales. Bill 60-14 is silent on this issue. Bill 27-16 would
provide that an employee who is paid exclusively by commission on sales would earn only unpaid sick
and safe leave.
This packet contains:
Bill 27-16
Legislative Request Report
Circle
#
1
4
F:\LAW\BILLS\f627 Sick Leave - Exemptions\Intro Memo.Docx
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Bill No.
27-16
Concerning: Human Rights and Civil
Liberties - Earned Sick and Safe
Leave - Eligibility
Revised: June 24, 2016 Draft No. _ _
3
Introduced:
June 28. 2016
Expires:
December 28, 2017
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
October 1, 2016
Sunset Date: -!..!,No:::!n.:::e'-_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Leventhal
Co-Sponsor: Vice President Berliner
AN
ACT to:
(1)
(2)
(2)
exempt certain seasonal employees who work for certain amusement or recreational
establishments in the County from the earned sick and safe leave law;
provide that certain employees who are paid exclusively on a commission basis accrue
only unpaid sick and safe leave; and
generally regulate the eligibility for 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
Article XIII, Earned
Sick and
Safe leave
Sections 27-76 and 27-77
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law
by
original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL No. 27-16
1
Sec.t. Sections 27-76 and 27-77 are amended as follows:
27-76.
Findings and Definitions.
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3
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®
*
*
*
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Definitions.
As used in this Article:
*
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Abuse
has the meaning defined in Section 4-501 of the Family Law
Article ofthe Maryland Code, as amended.
*
*
*
Commission employee
means an individual who is paid
Qy
an employer
exclusively on
~
commission basis based upon sales.
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*
*
*
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Employee
means any person permitted or instructed to work or be present
by an employer in the County, including a domestic worker as defmed in
Section 11-4B(b). Employee does not include:
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15
(1)
an individual who:
(A) does not have a regular work schedule with the employer;
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(B)
contacts the employer for work assignments and is
scheduled to work the assignments within 48 hours after
contacting the employer;
(C) has no obligation to work for the employer ifthe individual
does not contact the employer for work assignments; and
(D)
is not employed by a temporary placement agency;
(2) an individual who regularly works 8 hours or less each week; [or]
(3) an individual who is an independent
contractor~
or
ffi
an individual who works for less than 120 calendar days in
§:
year
at an amusement or recreational program that operates for less thari
120 calendar days each year.
G
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BILL
No.
27-16
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*
27-77.
(a)
*
*
Earned Sick and Safe Leave Required.
Earned sick and sqfe 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. A commission employee must accrue only unpaid 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.
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Sec.2. Effective date.
*
*
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This Act takes effect on October 1,2016.
Approved:
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Nancy Floreen, President, Cmmty COWlcil
Date
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Approved:
Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk ofthe COWleil
Date
f:\law\bills\1627 sick leave - exemptions\bill3.docx
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LEGISLATIVE REQUEST REPORT
Expedited Bi1127-16
Human Rights and Civil Liberties
-
Earned Sick and Safe Leave
-
Eligibility
DESCRIPTION:
Bill 27-16 would exempt a seasonal employee who works for less than
120 calendar days in a year at an amusement or recreational program
that operates for less than 120 calendar days each year in the County
from the earned sick and safe leave law.
It
would also provide that an
employee working in the County who is paid exclusively on a
commission basis accrues only unpaid sick and safe leave.
Questions have arisen as to how to apply the Earned Sick and Safe
Leave Law to a seasonal employee who works for an operation that is
open less than 120 days each year and an employee who is paid
exclusively by a commission on sales.
The goal is to resolve questions that have been asked since the Earned
Sick and Safe Leave Law was enacted.
Office of Human Rights
To
be
requested.
To
be
requested.
To be requested.
To be researched.
Robert H. Drummer, Senior Legislative Attorney
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
None.
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