Maryland Sick Leave laws & HR compliance analysis

Maryland Sick Leave: What you need to know

There is no Maryland law that requires private-sector employers to provide employees with paid or unpaid sick leave, although many employers do provide it as an important employee benefit.
It is important to remember, however, that if sick leave is promised, an employer may create a legal obligation to grant it. Employers should regularly review statements made in handbooks or elsewhere to ensure that they accurately reflect current policies. If changes are necessary, the policy should be revised and employees notified of the changes.
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Payout upon termination. An employer is not required to pay accrued leave to an employee at the time of termination as long as the employer has a written policy that limits the compensation of accrued leave to employees, the employer has notified the employee of the employer’s leave benefits, and the employee is not entitled to payment for accrued leave at termination under the terms of the employer’s written policy (MD Labor & Employment Code Sec. 3-505).
The state Flexible Leave Act requires covered employers that provide paid leave under a policy or collective bargaining agreement to allow employees to use their paid leave (sick, vacation, or compensatory time) for the illness of an immediate family member.
An “immediate family member” is a child, spouse, or parent.
“Leave with pay” means paid time that is earned and available to an employee on the basis of hours worked or as an annual grant of a fixed number of days of leave for performance of service. The term does not include a benefit provided under an employee welfare benefit plan; an insurance benefit, including any benefit from an employer’s self-insured plan; ...

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