Employer's and Employee News and Information

Earned Sick and Safe Leave Law

What You Need to Know About Montgomery County's New "Earned Sick and Safe Leave Law"
Review the  new law and a copy of the signed legislation . If you have additional questions or need further information please call 240-777-8490 or email [email protected]

Montgomery County’s new Earned Sick and Safe Law went into effect on Oct.1, 2016. It will require most employers in the County to provide earned sick and safe leave to employees for work performed in the County.

The intent of the law is to provide employees with paid leave or time off to take care of things such as sickness, family illnesses or domestic violence. It helps to ensure that workers do not have to make a choice between keeping a job and going to work sick or not being able to have time to find a safe living environment. The bill is expected to provide support to our lowest income and most vulnerable workers. 

The legislation requires employers to provide earned sick and safe leave at a rate of at least one hour for every 30 hours an employee works in the County up to 56 hours in a calendar year. To help small businesses, an employer with fewer than five employees would have to provide an employee with up to 32 hours of paid sick and safe leave per year plus an additional 24 hours of unpaid sick and safe leave. Many County employers already meet or exceed the benefits required by the new law and are unaffected by the new law.

Employers are required to give employees written notice that they are entitled to earned sick and safe leave under the new law. The notice must include a statement of how sick and safe leave is accrued, the permitted uses of earned sick and safe leave, a statement that the employer must not retaliate against an employee for exercising the rights established by the law.

Sick & Safe Leave Guidance for Employers with Workers in Montgomery County

As of February 11, 2018, employers with workers in Montgomery County must be aware of both state and local laws pertaining to Sick and Safe leave for their employees. The State law does not preempt the County law, except where the State law provides for sick and safe leave benefits that are more generous than the local law. This document is intended to help employers understand which provisions of the law apply to employees working in Montgomery County. Ultimately, however, it is incumbent on employers to have a full understanding of both laws so that they understand which provisions apply to them specifically.

References:
Montgomery County Code Chapter 27, Article XIII
Maryland Healthy Working Families Act

Throughout this document, text that is highlighted in red indicates provisions of the Maryland Healthy Working Families Act that are more generous than those in the Montgomery County Sick & Safe Leave Law.

Montgomery County Code, Chapter 27, Article 1

The Montgomery County Compliance Section is the civil rights enforcement operation of the Office of Human Rights. It has jurisdiction over private employers in Montgomery County (including the Montgomery County Government), real estate transactions (both housing and commercial real estate), and places of public accommodation. The Compliance Section receives, investigates and resolves formal complaints of discrimination. The Compliance Section specifically enforces Montgomery County Code, Chapter 27, Article 1.