State Law > Maryland > Maryland Family and Medical Leave Law

Maryland Family and Medical Leave Law

 

Maryland Family and Medical Leave Law

Maryland family and medical leave law is located in the sections below of the Code of Maryland.  

The Maryland Healthy Working Families Act is located at Section 3-1301 through 3-1311 of the Maryland Code.  Sections 3-1305 through 3-1307 are below.

§3–1305.
(a) An employer shall allow an employee to use earned sick and safe leave:
(1) to care for or treat the employee’s mental or physical illness,
injury, or condition;
(2) to obtain preventive medical care for the employee or employee’s
family member;
(3) to care for a family member with a mental or physical illness,
injury, or condition;
(4) for maternity or paternity leave; or
(5) if:
(i) 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
(ii) the leave is being used:
1. by the employee to obtain for the employee or the
employee’s family member:
A. medical or mental health attention that is related to
the domestic violence, sexual assault, or stalking;
B. services from a victim services organization related
to the domestic violence, sexual assault, or stalking; or
C. legal services or proceedings related to or resulting
from the domestic violence, sexual assault, or stalking; or
2. during the time that the employee has temporarily
relocated due to the domestic violence, sexual assault, or stalking.
(b) (1) If the need to use earned sick and safe leave is foreseeable, an
employer may require an employee to provide reasonable advance notice of not more
than 7 days before the date the earned sick and safe leave would begin.
(2) If the need to use earned sick and safe leave is not foreseeable, an
employee shall:
(i) provide notice to an employer as soon as practicable; and
(ii) generally comply with the employer’s notice or procedural
requirements for requesting or reporting other leave, if those requirements do not
interfere with the employee’s ability to use earned sick and safe leave.
(3) An employer may deny a request to take earned sick and safe
leave if:
(i) 1. an employee fails to provide the notice required
under paragraphs (1) or (2) of this subsection; and
2. the employee’s absence will cause a disruption to the
employer; or
(ii) 1. the employer is a private employer licensed under
Title 7 or Title 10 of the Health – General Article to provide services to
developmentally disabled or mentally ill individuals;
2. the need to use earned sick and safe leave is
foreseeable;
3. after exercising reasonable efforts, the employer is
unable to provide a suitable replacement employee; and
4. the employee’s absence will cause a disruption of
service to at least one individual with a developmental disability or mental illness.
(c) An employer may not require that an employee who is requesting earned
sick and safe leave search for or find an individual to work in the employee’s stead
during the time the employee is taking the leave.
(d) (1) (i) Instead of taking earned sick and safe leave under this
section, by mutual consent of the employer and employee, an employee may work
additional hours or trade shifts with another employee during a pay period, or the
following pay period, to make up work hours that the employee took off for which the
employee could have taken earned sick and safe leave.
(ii) An employee is not required to offer or to accept an offer of
additional work hours or a trade in shifts.
(iii) If an employee works additional hours or trades shifts
under subparagraph (i) of this paragraph, the employer may not deduct the absence
from the employee’s accrued earned sick and safe leave.
(2) (i) This paragraph applies only to an employee employed in
the restaurant industry who is compensated as a tipped employee under § 3–419 of
this title and who would be entitled to paid leave under § 3–1304 of this subtitle if
the employee:
1. needs to take earned sick and safe leave;
2. prefers and is able to work additional hours or trade
shifts with another employee in the same pay period or the following pay period; and
3. requires the employer to arrange coverage of the
shift.
(ii) If the employer is contacted to arrange the coverage of a
shift under subparagraph (i) of this paragraph, the employer shall have the discretion
to offer the employee a choice of:
1. being paid the minimum wage required under § 3–
413 of this title for the employee’s absence; or
2. working an equivalent shift of the same number of
hours in the same pay period or the following pay period.
(iii) An employer that does not offer the tipped employee the
choice under subparagraph (ii) of this paragraph shall pay to the employee the
minimum wage required under § 3–413 of this title for the use of the earned sick and
safe leave.
(iv) An employer may deduct an absence taken under this
paragraph from the employee’s accrued earned sick and safe leave.
(3) An employer is not required to consent to an employee’s request
to work additional hours or trade shifts if the additional hours or trade in shifts would
result in the employer being required to pay overtime to the employee.
(e) (1) Except as provided in paragraph (2) of this subsection, an
employee may take earned sick and safe leave in the smallest increment that the
employer’s payroll system uses to account for absences or use of the employee’s work
time.
(2) An employer may require an employee to take earned sick and
safe leave in an increment not exceeding 4 hours.
(f) (1) When wages are paid to an employee, the employer shall provide
in writing by any reasonable method a statement regarding the amount of earned
sick and safe leave that is available for use by the employee.
(2) An employer may satisfy the requirement under paragraph (1) of
this subsection by providing an online system through which an employee may
ascertain the balance of the employee’s available earned sick and safe leave.
(g) (1) An employer may require an employee who uses earned sick and
safe leave to provide verification that the leave was used appropriately under
subsection (a) of this section if:
(i) the leave was used for more than two consecutive
scheduled shifts; or
(ii) 1. the employee used the leave during the period
between the first 107 and 120 calendar days, both inclusive, that the employee was
employed by the employer; and
2. the employee agreed to provide verification under
terms mutually agreed to by the employer and the employee at the time the employee
was hired by the employer.
(2) If an employee fails or refuses to provide verification as required
by an employer under paragraph (1) of this subsection, the employer may deny a
subsequent request to take earned sick and safe leave for the same reason.

§3–1306.
(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:
(1) a statement of how earned sick and safe leave is accrued under §
3–1304 of this subtitle;
(2) 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;
(3) a statement regarding the prohibition:
(i) in § 3–1309 of this subtitle against the employer taking
adverse action against an employee who exercises a right under this subtitle; and
(ii) in § 3–1310 of this subtitle against an employee making a
complaint, bringing an action, or testifying in an action in bad faith; and
(4) 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.
(c) The Commissioner shall:
(1) create and make available a poster and a model notice at no
charge to the employer that may be used by an employer to comply with subsection
(a) of this section;
(2) develop a model sick and safe leave policy that an employer may
use as a sick and safe leave policy in an employee handbook or other written guidance
to employees concerning employee benefits or leave provided by the employer; and
(3) provide technical assistance to an employer, if an employer
requests assistance regarding implementing the provisions of this subtitle.
(d) The Department shall post the notice and model sick and safe leave
policy created and developed under subsection (c)(1) and (2) of this section on the
Department’s Web site in a downloadable format.

§3–1307.
(a) An employer shall keep for at least 3 years a record of:
(1) earned sick and safe leave accrued by each employee; and
(2) earned sick and safe leave used by each employee.
(b) The Commissioner may inspect a record kept under subsection (a) of this
section for the purpose of determining whether the employer is complying with the
provisions of this subtitle.
(c) (1) An employer that fails to keep accurate records or refuses to allow
the Commissioner to inspect a record kept under subsection (a) of this section creates
a rebuttable presumption that the employer violated this subtitle.
(2) The Commissioner may waive a civil penalty assessed under this
subtitle if the penalty was assessed for a violation that was due to an error caused by
a third–party payroll service provider with whom the employer in good faith
contracted for services.

Family and Medical Leave Law

3-801. Terms defined.

(A)
(1) In this section, "employer" means a person engaged in a business, industry, profession, trade, or other enterprise in the State.
(2) "Employer" includes:
(I) a unit of State or local government that employs individuals who are not subject to the provisions of Title 9, Subtitle 5 of the State Personnel and Pensions Article; and
(II) a person who acts directly or indirectly in the interest of another employer with an employee.
(B) This section applies to an employer who provides leave with pay to an employee following the birth of the employee’s child.
(C) An employer who provides leave with pay to an employee following the birth of the employee’s child shall provide the same leave with pay to an employee when a child is placed with the employee for adoption.

3-802. Leave following birth or adoption of child.

(a)


(1) In this section the following words have the meanings indicated.

(2) “Child” means an adopted, biological, or foster child, a stepchild, or a legal ward who is:

(I) Under the age of 18 years; or

(II) At least 18 years old and incapable of self-care due a mental or physical disability.


(3)
(i) “Employer” means a person that is engaged in a business, industry, profession, trade, or other enterprise in the State.

(ii) “Employer” includes a person who acts directly or indirectly in the interest of another employer with an employee.
(4) “Immediate family” means a child, spouse, or parent.

(5)

(i) “Leave with pay” means paid time away from work that is earned and available to an employee:

1. Based on hours worked; or

2. As an annual grant of a fixed number of hours or days of leave for performance of service.

(ii) “Leave with pay” includes sick leave, vacation time, paid time off, and compensatory time.

(III) “Leave with pay” does not include:

1. A benefit provided under an employee welfare benefit plan subject to the welfare benefit plan subject to the Federal Employee Retirement Income Security Act of 1974;

2. An insurance benefit, including benefits from an employer’s self-insured plan;

3. Workers’ compensation;

4. Unemployment compensation;

5. A disability benefit; OR

6. A similar benefit.

(6) “Parent” means an adoptive, biological, or foster parent, a stepparent, a legal guardian, or a person standing in loco parentis.

(b)

(1) This section applies to an employee who is primarily employed in the state.

(2) This section applies to an employer that:

(I) provides leave with pay under the terms of a collective bargaining agreement or an employment policy; and

(II) Employes15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

(C) The purpose of this section is to allow an employee of an employer to use leave with pay to care for an immediate family member who is ill under the same conditions and policy rules that would apply if the employee took leave for the employee’s own illness.

(D) An employee of an employer may use leave with pay for the illness of the employee’s immediate family. (E)

(1) An employee of an employer:

(i) may only use leave with pay under this section that has been earned; and

(ii) who earns more than one type of leave with pay may elect the type and amount of leave with pay to be used under this section.

(2) Except as provided in paragraph (3) of this subsection, an employee of an employer who uses leave under this section shall comply with the terms of a collective bargaining agreement or employment policy.

(3) If the terms of a collective bargaining agreement with an employer or an employment policy of an employer provide a leave with pay benefit that is equal to or greater than the benefit provided under this section, the collective bargaining agreement or employment policy prevails.

(F) An employer may not discharge, demote, suspend, discipline, or otherwise discriminate against an employee or threaten to take any of these actions against an employee solely because the employee:

(1) Has taken leave authorized under this section;

(2) Has opposed a practice made unlawful by this section; or

(3) Has made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing under this section.

(G) This section does not:

(1) Extend the maximum period of leave an employee has under the federal Family and Medical Leave Act of 1993; OR

(2) Limit the period of leave to which an employee is entitled under the Federal Family and Medical leave Act of 1993.

9-1106. Employees covered; Paid organ and bone marrow donation leave.

(A) This section applies to all employees, including temporary employees, of all units in the executive, judicial, and legislative branches of state government, including any unit with an independent personnel system.

(B) On request, an employee subject to this section may be entitled to organ donation leave with pay.

(C) (1) An employee may use:

(I) Up to 7 days of organ donation leave in any 12-month period to serve as a bone marrow donor; and

(II) Up to 30 days of organ donation leave in any 12-month period to serve as an organ donor.

(2) An employee may use organ donation leave only after obtaining approval from the employee's appointing authority.

(D) The secretary shall adopt regulations governing organ donation leave, including regulations that establish conditions and procedures for requesting and approving leave and that require medical documentation of the proposed organ or bone marrow donation before leave is approved.

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