Paid Sick Leave: Montgomery (MD), Maryland
This paid sick leave policy applies to employees who work in Montgomery County, Maryland under the Montgomery County Earned Sick and Safe Leave Law (Montgomery County Code, Chapter 27, Article XIII), and it explains how eligible employees earn, use, and request paid time off for their own health needs, to care for family members, and for safe leave related to domestic violence, sexual assault, or stalking. It also covers the practical compliance details HR teams get asked about most, like accrual versus front-loading, waiting periods, carryover and annual caps, notice and documentation rules, pay rate requirements, reinstatement after rehire, and the law's anti-retaliation protections.
The History Behind Paid Sick Leave Policies in Montgomery (MD), Maryland
Paid Sick Leave became a real compliance issue for Montgomery County employers when the County Council adopted the Earned Sick and Safe Leave Law in 2015. The law took effect in 2016 and required many employers to let employees earn paid leave for illness and for "safe" reasons tied to domestic violence, sexual assault, and stalking. The County built the framework into the County Code, including who counts as an eligible employee, how accrual works, what "family member" means, and what employers can ask for when someone uses leave.
Maryland raised the floor statewide a couple of years later. The Maryland Healthy Working Families Act passed in 2017, over a gubernatorial veto, and took effect in 2018, and it pushed paid sick leave into the mainstream for all Maryland employers. Montgomery County kept its own rules in place, which meant employers in the County had to pay attention to the local details in addition to the new state law.
Which Law is the Paid Sick Leave Policy Meant to Comply With?
If you create and distribute a Paid Sick Leave Policy for your Montgomery (MD), Maryland-based employees, it is in an effort to comply with Montgomery County's Earned Sick and Safe Leave Law (Montgomery County Code, Chapter 27, Article X), 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 Montgomery (MD), Maryland-Specific Paid Sick Leave Policy
- Start with "why" and introduce the concept of earned sick and safe leave for health, caregiving, public health, and safety-related needs.
- Define who's covered based on working regularly in Montgomery County.
- Explain how leave is provided, including an accrual method and an up-front annual grant option.
- List the covered reasons for using leave, including personal health, family care, bonding with a new child, public health emergency-related absences, and domestic violence or similar safety needs.
- Define who counts as a family member for leave purposes.
- Set expectations for requesting leave, including giving notice and sharing the expected duration.
- Describe when documentation may be requested and the privacy limits on what documentation can include.
- Explain when employees can begin using leave and the minimum increment for using it.
- Describe how leave is paid and how it interacts with other pay calculations.
- Set annual usage limits, define your organization's benefit year, and address carryover rules.
- State that unused leave isn't paid out at separation and explain reinstatement rules for rehires.
- Include a non-retaliation commitment and confirm employees won't be required to find coverage.
- Explain where employees can raise concerns externally and where they can direct internal questions.
When to Include this Policy in Your Employee Handbook
If you have employees in Montgomery (MD), Maryland and you don't have a similar policy that's available for all US or all MD employees, you should include this policy in your employee handbook for Montgomery (MD), Maryland-based employees.
Sec. 27-80 of the Montgomery County Code states:
(a) An employer must notify the employees that they are entitled to earned sick and safe leave under this Article.
(b) The notice must include:
- a statement of how earned 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 granted by this Article; and
- information about the employee's right to file a complaint with the Director for a violation of any rights granted by this Article.
(c) The Director must create and publish a model notice in English, Spanish, and any other language that the Director finds is necessary that may be used by an employer to comply with subsection (b).
(d) An employer may provide notice by:
- displaying the model notice or another notice containing the same information in a conspicuous and accessible area at each of the employer's work locations in the County;
- including the model notice or another notice containing the same information in an employee handbook or other written guidance distributed to all employees; or
- distributing the model notice or another notice containing the same information to each employee when the employee is hired.
Your employee handbook qualifies or you can distribute the poster provided by the state or county.
Other Considerations
The law applies to Montgomery County, MD employers who have at least 1 employee in the US.
Exceptions
None
Model Policy Template for a Paid Sick Leave Policy
You may be eligible for leave under the Montgomery County Earned Sick and Safe Leave Law. Earned sick and safe leave (ESSL) can be used for several 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 regularly work more than 8 hours per week in Montgomery County.
You will accrue one hour of ESSL for every 30 hours worked beginning on your first day of employment, up to a maximum of 56 hours per year. For accrual purposes, exempt {{employees}} are assumed to work 40 hours per week, unless their normal workweek is less than 40 hours.
Each year, you'll receive 56 hours of ESSL up front.
Reasons for Leave
ESSL can be taken for:
- Your own mental or physical illness, injury, or health condition, including medical diagnosis, care, treatment, or preventative care.
- The birth of a child, placement of a child for adoption or foster care, or to care for a new child within one year of birth or placement.
- Care for a family member with a mental or physical illness, injury, or health condition.
- Absences due to public health emergencies, including:
- Workplace or school closures ordered by a public official.
- Care for yourself or a family member when advised by a health authority to isolate due to exposure to a communicable disease.
- 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 civil or criminal legal proceedings.
Note: Family members include your child, parent, spouse, grandparent, grandchild, sibling, legal guardian, and anyone who cared for you as a child or is under your care.
Notice and Documentation
To take leave under this policy, contact your {{manager}} or {{the HR Team}} as soon as possible. So we can best prepare for your absence, please let us know the expected duration of your leave.
If you take ESSL to cover more than three consecutive shifts, reasonable documentation
You can start using your ESSL after 90 days 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’ll be paid at your normal rate, and such pay won’t include any special forms of compensation like incentives, commissions, or bonuses. Additionally, any paid ESSL hours you use won’t count towards calculating overtime.
You can use up to 80 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 56 hours of unused ESSL from one year to the next. However, you're still subject to the 80 hours per year cap.
ESSL does not carry over from one year to the next.
Unused ESSL won't be paid out if your employment with us ends. If you leave {{Organization Name}} and are rehired within 9 months, any leave you had 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 Director of the Montgomery County Office of Human Rights.
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
Reminder
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.