Healthy Working Families Act — employer coverage
Maryland's Healthy Working Families Act requires all employers with employees whose primary work location is in Maryland to provide earned sick and safe leave, regardless of where the employer is located. Employers with 15 or more employees must provide paid leave; employers with 14 or fewer employees must provide unpaid leave. The employer-size threshold is determined by calculating the average monthly number of employees during the immediately preceding year.
Source: Md. Code Ann., Lab. & Empl. §§ 3-1301 to 3-1311; Maryland Department of Labor — Sick and Safe Leave
MHWFA accrual rate and caps
Employees accrue earned sick and safe leave at a rate of at least one hour for every 30 hours worked. Employers are not required to allow employees to earn more than 40 hours in a year, accrue a total of more than 64 hours at any time, or use more than 64 hours in a year. Employees may carry over up to 40 hours of unused leave to the following year (subject to the 64-hour total cap). Alternatively, employers may front-load the full 40 hours at the beginning of the year and, if they do so, may prohibit carryover of unused leave.
MHWFA permitted uses of earned sick and safe leave
Maryland law requires employers to allow employees to use earned sick and safe leave for five distinct categories of qualifying reasons under Md. Code Ann., Lab. & Empl. § 3-1305(a).
Employee's Own Health
An employee may use leave to care for or treat the employee's own mental or physical illness, injury, or condition, and to obtain preventive medical care for the employee.
Family Member Care
An employee may use leave to obtain preventive medical care for a family member, or to care for a family member with a mental or physical illness, injury, or condition. Maryland defines "family member" broadly under § 3-1301(g) to include:
- A biological, adopted, foster, or step- child of the employee;
- A child for whom the employee has legal or physical custody or guardianship;
- A child for whom the employee stands in loco parentis, regardless of age;
- A biological, adoptive, foster, or step- parent of the employee or of the employee's spouse;
- The legal guardian or ward of the employee or of the employee's spouse;
- An individual who acted as a parent or stood in loco parentis to the employee or the employee's spouse when either was a minor;
- The spouse of the employee;
- A biological, adopted, foster, or step- grandparent of the employee;
- A biological, adopted, foster, or step- grandchild of the employee; or
- A biological, adopted, foster, or step- sibling of the employee.
Maternity or Paternity Leave
Employees may use earned sick and safe leave for maternity or paternity leave, without limitation as to the specific purpose within bonding or recovery from childbirth.
Domestic Violence, Sexual Assault, or Stalking
An employee may use leave when the absence from work is necessary due to domestic violence, sexual assault, or stalking committed against the employee or the employee's family member, and the leave is being used:
- To obtain medical or mental health attention related to the domestic violence, sexual assault, or stalking for the employee or the employee's family member;
- To obtain services from a victim services organization related to the domestic violence, sexual assault, or stalking;
- For legal services or proceedings related to or resulting from the domestic violence, sexual assault, or stalking; or
- During the time that the employee has temporarily relocated due to the domestic violence, sexual assault, or stalking.
Usage Restrictions and Increments
Employers may limit the minimum increment of leave usage to no more than 4 hours per use. Employers are not required to allow employees to use accrued leave during the first 106 calendar days of employment (approximately 15 weeks), though employees continue to accrue leave during this waiting period; the 106-day restriction applies only to use, not to accrual.
Source: Md. Code Ann., Lab. & Empl. § 3-1305; Md. Code Ann., Lab. & Empl. § 3-1301