October 14, 2019

October 14, 2019

Subscribe to Latest Legal News and Analysis

October 11, 2019

Subscribe to Latest Legal News and Analysis

Maryland General Assembly Passes Sick and Safe Leave Bill

The state of Maryland appears poised to join seven other states and various local jurisdictions (including Montgomery County, Maryland) already requiring employers to provide paid sick and safe leave. On April 5, 2017, the Maryland House of Delegates approved a bill previously passed by the Maryland Senate that requires would require most employers with at least 15 employees to provide up to five paid sick and safe leave days per year to their employees, and smaller employers to provide up to five unpaid sick and safe leave days. Although the bill contains an effective date of January 1, 2018, the actual effective date will depend on action by Governor Larry Hogan.

The following employees are not covered by the bill:

  • Employees who regularly work less than 12 hours a week;

  • Employees who are employed in the construction industry;

  • Employees who are covered by a collective-bargaining agreement that expressly waives the requirements of the law;

  • Certain “as-needed” employees in the health or human services industry.

Under the bill, an employer may not be required to allow an employee to:

(1) earn more than 40 hours of earned sick and safe leave in a year;
(2) use more than 64 hours of earned sick and safe leave in a year;
(3) accrue a total of more than 64 hours at any time;
(4) use earned sick and safe leave during the first 106 calendar days the employee works for the employer.

The bill also preempts local jurisdictions from enacting new sick and safe leave laws except for amending existing laws enacted before January 1, 2017, i.e. the existing law in Montgomery County.

The bill passed with enough support in both chambers to survive a promised veto by Governor Hogan, who favored an alternative that would require the benefit only for companies with at least 50 workers and make tax incentives available for smaller companies that offered the leave. However, if he still vetoes the bill, lawmakers will not have an opportunity to override the veto until next year’s legislative session begins on January 10, 2018, which means the bill would not take effect until after January 1, 2018, and could possibly be subject to amendment in the next session.

*Marc-Joseph Gansaha Law Clerk – Admission Pending in the firm’s New York office, contributed to the preparation of this blog post.

 

©2019 Epstein Becker & Green, P.C. All rights reserved.

TRENDING LEGAL ANALYSIS


About this Author

Brian Steinbach, Labor Attorney, Epstein Law Firm
Senior Attorney

BRIAN STEINBACH is a Senior Attorney in the Labor and Employment practice, in the firm's Washington, DC, office.

Mr. Steinbach's experience includes:

  • Advising clients on and litigating employment, labor, disabilities, non-compete, confidentiality, benefits, wage and hour, and general litigation matters before the courts, arbitrators, and administrative agencies at the federal and state level

  • Representing and advising clients in Sarbanes-Oxley and other...

202-861-1870
Marc-Joseph Gansah, Epstein Becker, Employee Handbook Preparation Lawyer, Workplace Discrimination Attorney
Associate

MARC-JOSEPH GANSAH  is an Associate in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green.

Mr. Gansah:

  • Advises clients on designing, implementing, maintaining, administering, and terminating employee benefit plans

  • Counsels clients on executive compensation issues, including incentive compensation arrangements, and stock option plans with a concentration on cross-border executive compensation

  • Assists in representing employers in in arbitration and mediation before FINRA and JAMS on a wide range of issues, including employment contracts, restrictive covenants, misappropriation of confidential information and trade secrets, raiding, promissory notes, partnership disputes, unfair competition, harassment, discrimination, whistleblowing, and retaliation

  • Advises employers on all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions

During law school, Mr. Gansah served as a Staff Member of the Fordham Journal of Corporate and Financial Law and was a Moot Court Board member. He also represented Fordham University in the Willem C. Vis International Commercial Arbitration Moot in Vienna, Austria, and interned for the Honorable Denny Chin of the U.S. Court of Appeals for the Second Circuit. 

212-351-4618