AGENDA ITEM 7B
August 2, 2016
Introduction
MEMORANDUM
July 29,2016
TO:
FROM:
SUBJECT:
County Council
fX7
I
~
Josh Hamlin, Legislative
Attome~
Introduction:
Bill 32-16, Human Rights and Civil Liberties - Earned Sick and
Safe Leave - Use of Earned Sick and Safe Leave - Parental Leave
Bill 32-16, Human Rights and Civil Liberties - Earned Sick and Safe Leave - Use of
Earned Sick and Safe Leave - Parental Leave, sponsored by Lead Sponsor Councilmember Hucker
and Co-sponsors Council Vice President Berliner and Councilmembers Katz and Navarro, is
scheduled to be introduced on August 2, 2016. A public hearing is tentatively scheduled for
September 20 at 1:30 p.m.
. Bill 32-16 would provide that certain employees may use earned sick and safe leave for
parental purposes.
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.
Under the provisions of the new law, an employee may use earned sick and safe leave for
s"everal enumerated purposes. Bill 32-16 will add two related purposes for which use of sick and
safe leave will be permitted. The Bill would permit the use of sick and safe leave:
(1)
for the birth
of a child, or for the placement of a child with the employee for adoption or foster care; and (2) to
care for a newborn, newly adopted, or newly placed child within one year of birth, adoption, or
placement.
This packet contains:
Bi1132-16
Legislati ve Request Report
F:\LAW\BILLS\I 632 Human Rights And Civil Liberties-Parental Leave\Intro Memo.Docx
Circle #
1
4
 PDF to HTML - Convert PDF files to HTML files
Bill No.
32-16
Concerning: Human Rights and Civil
Liberties - Earned Sick and Safe
Leave - Use of Earned Sick and Safe
Leave - Parental Leave
Revised: May 10, 2016
Draft No._1
Introduced:
August 2,2016
Expires:
Februarv 2, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective:
October 1. 2016
Sunset Date:
~No:::!!n~e=---
_ _ _ _ __
ChI _ _, Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Hucker
Co-Sponsors: Vice President Berliner and Councilmembers Katz and Navarro
AN
ACT to:
(1)
(2)
provide that certain employees may use earned sick and safe leave for parental
purposes; 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
Section 27-79
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double
bolc~face
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.'
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 32-16
1
Sec.
1.
Section 27-79 is amended as follows:
27-79.
Use of Earned Sick and Safe Leave.
2
3
4
5
6
(a)
An
employee may use earned sick and safe leave:
(1) to care for or treat the employee's mental or physical illness, injury,
or condition;
(2) to obtain preventive medical care for the employee or the
employee's family member;
(3) to care for a family member with a mental or physical illness,
injury, or condition;
(4) if the employer's place of business has closed by order ofa public
official due to a public health emergency;
(5) ifthe school or child care center for the employee's family member
is closed by order of a public official due to a public health
emergency;
(6) to care for a family member if a 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 a communicable disease; [or]
(7) for the birth of
g
child, or for the placement of
g
child with the
employee for adoption or foster care;
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
ill
to care for
~
newborn, newly adopted, or newly placed child within
one year ofbirth, adoption, or placement; or
(2)
if the absence from work is due to domestic violence, sexual
22
23
24
25
assault, or stalking committed against the employee or the
employee's family member and the leave is used:
(A) by the employee to obtain for the employee or the
employee's family;
1.docx
26
27
o
f:\law\bills\1632 human rights and civil liberties-parental leave\bill
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 32-16
28
29
30
31
(i)
medical attention needed to recover from a physical
or psychological injury due to domestic violence,
sexual assault, or stalking;
(ii)
services from a victim services organization related
to the domestic violence, sexual assault, or stalking;
or
32
33
34
35
36
37
38
39
(iii)
legal
servIces,
including
preparmg
for
or
participating in a civil or criminal proceeding related
to the domestic violence, sexual assault, or stalking;
or
(B)
during the time that the employee has temporarily relocated
due to the domestic violence, sexual assault, or stalking.
40
41
Sec.2. Effective date.
This Act takes effect on October 1,2016.
Approved:
42
43
Nancy Floreen, President, County Council
Date
44
Approved:
45
Isiah Leggett, County Executive
Date
46
47
This is a correct copy o/Council action.
Linda M. Lauer, Clerk ofthe Council
Date
1.docx
o
f:\law\bills\1632 human rights and civil liberties-parental leave\bill
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bill 32-16
Human Rights and Civil Liberties
-
Earned Sick and Safe Leave
-
Use ofEarned Sick and Safe Leave ­
Parental Leave
DESCRIPTION:
The Bill would pennit the use of sick and safe leave for:
(1)
for the
birth of a child, or for the placement of a child with the employee for
adoption or foster care; and (2) to care for a newborn, newly adopted,
or newly placed child within one year of birth, adoption, or placement.
The earned sick and safe leave pennits an employee to use the leave
for several purposes, but does not expressly pennit its use for parental
purposes.
Permit employees who are new parents, either through birth or
placement for foster care or adoption, to use earned sick and safe leave
for the birth or placement of a new child, and to bond with the child
during the first year after the child's birth, adoption, or placement.
Office of Human Rights
To be requested.
To be requested.
To be requested.
To be researched.
Josh Hamlin, Legislative Attorney
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITIDN
MUNICIPALITIES:
PENALTIES:
None.
F:\LAw\BILLS\ 1632 Human Rights And Civil Liberties-Parental Leave\LRR.Docx