Sick Leave for Maryland Employees: What You Need to Know in 2025
Let me paint a picture of Maryland's sick leave landscape that's as distinctive as our Chesapeake Bay:
Ever woken up in Baltimore with a fever that makes the Inner Harbor look hazy, or caught a cold while working in Annapolis that not even the best crab cake could cure? Well, here's something as welcome as a summer breeze off the Bay: Maryland has robust paid sick leave protections thanks to the Maryland Healthy Working Families Act.
Key Objectives:
- Does Maryland Require Paid Sick
- How Earned Sick Leave Works in Maryland
- When Can Sick Leave be Used?
- Employer Obligations
- Carryover and Payout Sick Leave
- Interaction with Other Laws
- COVID-19 and Sick Leave
- Frequently Asked Questions
- Common Misconceptions
- Why Sick Leave Matters
Here's what makes Maryland's approach special: Like our state's rich history, our sick leave law is well-established and comprehensive. Since 2018, employers with 15 or more employees must provide paid sick and safe leave, while smaller employers must provide unpaid leave. Whether you're working in the biotech corridor of Montgomery County, serving tourists in Ocean City, or teaching in Frederick, you're likely covered.
Think of Maryland's sick leave policy like our famous blue crabs - there's a proper way to handle it. Employees earn one hour of sick leave for every 30 hours worked, up to 40 hours per year. And like the Old Line State's resilience, these protections are dependable and strong.
Maryland provides comprehensive protections for workers through the Maryland Healthy Working Families Act (MHWFA), which ensures access to earned sick leave for many employees in the state. This law requires employers to provide either paid or unpaid sick leave, depending on their size. Here’s a guide to what employees and employers need to know about sick leave in Maryland in 2025.
Does Maryland Require Paid Sick Leave?
Yes, Maryland's Healthy Working Families Act mandates that most employers provide earned sick leave to their employees. Whether the leave is paid or unpaid depends on the size of the employer:
- Employers with 15 or more employees: Must provide paid sick leave.
- Employers with fewer than 15 employees: Must provide unpaid sick leave.
How Earned Sick Leave Works in Maryland
Who Is Covered?
- Applies to most employees, including part-time and temporary workers.
- Exceptions include:
- Independent contractors.
- Certain agricultural workers.
- Workers under collective bargaining agreements that waive the law.
- Employees who regularly work fewer than 12 hours per week.
Accrual and Usage
- Employees accrue 1 hour of sick leave for every 30 hours worked, up to a maximum of 40 hours per year.
- Leave accrual begins on the first day of employment, but employers may require employees to wait 106 days before using their earned leave.
- Employers can choose to frontload the full 40 hours of sick leave at the start of the year.
When Can Sick Leave Be Used?
Under the MHWFA, earned sick leave can be used for:
- Personal Health Needs:
- Illness, injury, or preventive care.
- Family Care:
- Caring for a family member who is ill or attending medical appointments.
- Public Health Emergencies:
- When the workplace, school, or childcare facility is closed due to a public health emergency.
- Domestic Violence or Sexual Assault Recovery:
- Seeking medical attention, counseling, relocation, or legal services.
Covered family members include:
- Spouses or domestic partners.
- Children, parents, grandparents, grandchildren, and siblings.
- Legal guardians or individuals who act as a parent to the employee.
Employer Obligations
Employers in Maryland must:
- Provide Notice: Inform employees of their rights under the MHWFA by providing written policies and displaying posters in the workplace.
- Track Accrual and Usage: Maintain accurate records of sick leave accrual and use for at least three years.
- Prohibit Retaliation: Employers cannot retaliate against employees for using earned sick leave.
Failure to comply with the MHWFA may result in penalties, including fines and compensation to affected employees.
Carryover and Payout of Sick Leave
- Carryover Rules: Employees may carry over up to 40 hours of unused sick leave to the following year, but employers can cap annual usage at 64 hours.
- Payout at Termination: Employers are not required to pay out unused sick leave upon termination unless the employer’s policy states otherwise.
Interaction with Other Laws
Maryland’s earned sick leave law complements the federal Family and Medical Leave Act (FMLA), which provides unpaid, job-protected leave for eligible employees.
FMLA Overview
- Eligibility: Applies to employers with 50 or more employees within a 75-mile radius. Employees must have worked for at least 12 months and logged 1,250 hours in the previous year.
- Leave Benefits: Provides up to 12 weeks of unpaid leave for serious health conditions, family care, or parental leave.
COVID-19 and Sick Leave
While federal COVID-19-specific leave mandates, such as the Families First Coronavirus Response Act (FFCRA), have expired, Maryland employees may use earned sick leave under the MHWFA for COVID-19-related reasons, including:
- Testing, recovery, or treatment.
- Quarantine or isolation due to exposure.
- Caring for a family member affected by COVID-19.
FAQs About Sick Leave in Maryland
Q: Can employers require documentation for sick leave?
A: Employers may request documentation if an employee uses more than two consecutive shifts of sick leave. Documentation must be reasonable and cannot create an undue burden.
Q: Are part-time employees eligible for sick leave?
A: Yes, as long as they work at least 12 hours per week, they are eligible to accrue sick leave.
Q: Can employers frontload sick leave instead of using the accrual method?
A: Yes, employers may provide the full amount of sick leave (40 hours) at the beginning of the year instead of using the accrual method.
Common Misconceptions About Sick Leave in Maryland
- “Only full-time employees are eligible for sick leave.”
False. Part-time and temporary employees are also eligible for earned sick leave, provided they meet the weekly hours requirement.
- “Unused sick leave must be paid out when an employee leaves.”
False. Maryland law does not require employers to pay out unused sick leave upon termination, unless specified in the employer’s policy.
- “Sick leave can only be used for personal illness.”
False. Sick leave can also be used for family care, preventive care, public health emergencies, or recovery from domestic violence.
Why Sick Leave Matters
Maryland’s Healthy Working Families Act ensures employees can care for themselves and their families without sacrificing financial stability. For employers, offering earned sick leave fosters a healthier, more productive workforce and demonstrates a commitment to employee well-being.
Final Thoughts
Understanding your sick leave rights in Maryland can feel like navigating the Beltway during rush hour - it helps to know the rules. Whether you're an employee trying to understand your benefits or an employer looking to create supportive policies, staying informed is crucial.
If you're a business looking to navigate Maryland's employment landscape while expanding your workforce, consider partnering with an Employer of Record (EOR) service. They can help manage your HR compliance, payroll, and benefits administration while you focus on growing your business. Learn more about EOR services and how they can simplify your employment needs at TCW Global's EOR solutions.
Remember, Maryland's paid sick leave law isn't just a mandate - it's a reflection of our state's commitment to worker wellbeing. Like the stars on our state flag, these protections shine bright for all workers.
Need specific guidance? Consider consulting with your HR department, reviewing your employee handbook, or speaking with an employment law professional who understands Maryland's unique business environment.
Need Help?
Need help managing your contingent workforce? Contact TCWGlobal today to learn more.
Whether you need expertise in Employer of Record (EOR) services, Managed Service Provider (MSP) solutions, or Vendor Management Systems (VMS), our team is equipped to support your business needs. We specialize in addressing worker misclassification, offering comprehensive payroll solutions, and managing global payroll intricacies.
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We help you navigate employment contracts, tax compliance, workforce flexibility, and risk mitigation, all tailored to your unique business requirements. Contact us today at tcwglobal.com or email us at hello@tcwglobal.com to discover how we can help your organization thrive in today's dynamic work environment. Let TCWGlobal assist with all your payrolling needs!
