Paid Sick Leave: Maryland
This paid sick leave policy applies to employees in Maryland under the Maryland Healthy Working Families Act (Md. Code, Labor and Employment, §§ 3-1301 through 3-1311) and explains how your organization will provide earned sick and safe leave (ESSL), including who's eligible, how time is accrued or front-loaded, when leave can be used, what it can be used for (including safe leave reasons), what notice and documentation you may request, and the anti-retaliation rules that protect employees who request or use leave.
The History Behind Paid Sick Leave Policies in Maryland
Maryland's Paid Sick Leave law (the Healthy Working Families Act) aims to reduce situations where employees work while ill because missing a shift means losing income. The HWFA passed in 2017 and then overrode a gubernatorial veto in 2018. The law created "earned sick and safe leave" and put it into the Labor and Employment Article, Title 3, Subtitle 13 (Sections 3-1301 through 3-1311). It also made "safe leave" part of the same conversation by protecting time off for issues tied to domestic violence, sexual assault, and stalking.
The Healthy Working Families Act forced employers to stop treating sick time as a perk for only some employees. The statute set statewide rules on who counts as eligible, how leave accrues, when it can be used, what documentation can look like, and what retaliation looks like in practice. The Maryland Department of Labor then filled in the operational details through guidance and FAQs, including model notices and plain-language explanations that HR teams could actually use. Enforcement was formalized through an administrative complaint process with the Commissioner of Labor.
Maryland employers also watched the local trends. Montgomery County adopted its own earned sick and safe leave law before the state act took effect, and multi-state employers had already been building paid sick leave programs to keep up with similar laws in places like California, Massachusetts, and Washington. That mix of state requirements, local rules, and a growing expectation that employees can stay home when they're sick made a written ESSL policy a best practice for MD employers.
Which Law is the Paid Sick Leave Policy Meant to Comply With?
If you create and distribute a Paid Sick Leave Policy for your Maryland-based employees, it is in an effort to comply with Maryland's Healthy Working Families Act (Md. Code, Labor and Employment, Title 3, Subtitle 13, § 3-1301 et seq.) and related guidance from the Maryland Department of Labor, including its model notice and poster resources and FAQs.
How to Write a Maryland-Specific Paid Sick Leave Policy
- Start with "why" and introduce the concept of Maryland earned sick and safe leave and what it's meant to cover.
- Define who is eligible to earn leave under your Maryland-only policy.
- Explain how leave is provided, including whether employees accrue time based on hours worked or receive an annual front-load.
- List the covered reasons employees may use leave, including personal health needs, family care, parental leave, and safe leave related to domestic violence, sexual assault, or stalking.
- Define "family member" for purposes of using leave.
- Set expectations for requesting leave, including notice and scheduling to reduce disruption.
- Describe when documentation may be required for leave use.
- Explain how leave can be used and paid, including usage increments, pay rate rules, and how leave interacts with overtime calculations.
- State the annual usage limits and how you define your leave year.
- Address carryover and any cap on how much leave can be banked.
- Clarify whether unused leave is paid out at separation and whether it's reinstated after rehire.
- Include a non-retaliation commitment and confirm employees won't be required to find shift coverage.
When to Include this Policy in Your Employee Handbook
If you have employees in Maryland and you don't have a similar policy that's available for all US employees, you should include this policy in your employee handbook for Maryland-based employees.
§ 3-1306 states:
(a) An employer shall notify the employer's employees that the employees are entitled to earned sick and safe leave under this subtitle.
(b) The notice provided under subsection (a) of this section shall include:
- a statement of how earned sick and safe leave is accrued under § 3–1304 of this subtitle;
- the purposes for which the employer is required to allow an employee to use earned sick and safe leave under § 3–1305 of this subtitle;
- a statement regarding the prohibition:
- in § 3–1309 of this subtitle against the employer taking adverse action against an employee who exercises a right under this subtitle; and
- in § 3–1310 of this subtitle against an employee making a complaint, bringing an action, or testifying in an action in bad faith; and
- information regarding the right of an employee to report an alleged violation of this subtitle by the employer to the Commissioner or to bring a civil action under § 3–1308(c) of this subtitle.
Your employee handbook qualifies or use a poster provided by the state.
Other Considerations
The law applies to Maryland employers who have at least 15 employees working in Maryland.
Exceptions
None.
Model Policy Template for a Paid Sick Leave Policy
You may be eligible for earned sick and safe leave (ESSL) under the Maryland Healthy Working Families Act. ESSL can be used for various reasons, including physical and mental health needs, caring for a family member, and absences related to domestic violence, sexual assault, or stalking.
You're eligible for ESSL if you work at least 12 hours per week.
You will accrue one hour of ESSL for every 30 hours worked beginning on the first day of your employment, up to a maximum of 40 hours per year. You may not accrue ESSL hours when you work fewer than 12–13 hours per week, depending on your pay period. Check with {{the HR Team}} for details. For accrual purposes, exempt {{employees}} are assumed to work 40 hours per week, unless their normal workweek is fewer than 40 hours.
Each year, you'll receive 40 hours of ESSL up front.
Reasons for Leave
- Your own mental or physical illness, injury, or health condition, including medical diagnosis, care, treatment, or preventative care.
- Maternity or paternity leave.
- Care for a family member with a mental or physical illness, injury, or health condition.
- Absences related to domestic violence, sexual assault, or stalking (for yourself or a family member), including:
- Seeking medical care or counseling.
- Obtaining services from a victim-services organization.
- Relocating for safety.
- Participating in
legal services or proceedings.
Note: Family members include your child, parent, spouse, grandparent, grandchild, sibling, and anyone who acted as a parent to you or your spouse.
Notice and Documentation
To take leave under this policy, contact your {{manager}} or {{the HR Team}}. So we can best prepare for your absence, you must provide at least 7 days' notice and schedule leave in a way that minimizes business disruptions.
If you take paid sick leave to cover more than two consecutive shifts, reasonable documentation (e.g., a note from a healthcare provider) may be required.
Usage and Payment
You can start using your ESSL after your 106th calendar day of employment. You can use ESSL in hourly increments or the smallest increment we use to track absences.
Each pay period, you’ll receive a statement showing your available ESSL balance.
You can use up to 64 | 40 hours of ESSL per year. At {{Organization Name}}, a year is a regular and consecutive 12-month period beginning {{First Day of Year}} and ending {{Last Day of Year}}.
{{Employees}} may carry over up to 40 hours of unused ESSL from one year to the next. However, you're still subject to the 40 hours per year cap, and you can’t have more than 64 hours of leave saved up at any one time.
ESSL does not carry over from one year to the next.
ESSL is not paid out at separation. However, if you're rehired within 37 weeks, any accrued and unused ESSL will be reinstated.
Enforcement and Retaliation
We will not retaliate against anyone who requests or uses ESSL under this policy, and we will not require you to find a replacement worker to cover your shift.
If you believe your ESSL rights have been violated, you may file a complaint with the Maryland Commissioner of Labor.
For questions or to request ESSL, contact {{the HR Team}}.
Other Jurisdictions that may Necessitate a Paid Sick Leave Policy
State-Specific Paid Sick Leave Policies
County-Specific Paid Sick Leave Policies
All Maryland-Specific Policies & Topics
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The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.