Last updated on: February 22nd, 2022
Hours & Pay Regulations
Vacation Leave is based on employment policy. Vacation pay is subject to agreement. Where the employer does not have a written policy that limits the compensation for accrued leave to a terminated employee, that employee is entitled to the cash value of whatever unused earned vacation leave was left, provided it was otherwise usable.
State law does not guarantee days off for holidays or any special holiday pay for private-sector employees, except a religious day of rest each week for retail employees who give prior written notice to their employers. Maryland law does not require the award of certain benefits.
Effective January 1, 2022, the state’s hourly minimum wage rate is increased to $12.50 ($12.20 for small employers).
The above information on minimum wages might not be up to date & subject to change. Kindly access the DOL website for the current rates.
The Maryland Healthy Working Families Act requires employers with 15 or more employees to provide paid sick and safe leave for certain employees. It also requires that employers who employ 14 or fewer employees provide unpaid sick and safe leave for certain employees.
Earned sick and safe leave begins to accrue on February 11, 2018, or the date on which an employee begins employment with the employer, whichever is later. An employee accrues earned sick and safe leave at a rate of at least one hour for every 30 hours the employee works; however, an employee is not entitled to earn more than 40 hours of earned sick and safe leave in a year or accrue more than 64 hours of earned sick and safe leave at any time. An employee is allowed to use earned sick and safe leave under the following conditions:
- To care for or treat the employee’s mental or physical illness, injury, or condition; or
- To obtain preventative medical care for the employee or the employee’s family member; or
- To care for a family member with a mental or physical illness, injury, or condition; or
- For maternity or paternity leave; or
- 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: (1) to obtain medical or mental health attention; (2) to obtain services from a victim services organization; (3) for legal services or proceedings; or (4) because the employee has temporarily relocated as a result of the domestic violence, sexual assault, or stalking; or
- A family member includes a spouse, child, parent, grandparent, grandchild, or sibling. Employees are permitted to use earned sick and safe leave in increments in certain amounts established by their employer. Employees are required to give notice of the need to use earned sick and safe leave when it is foreseeable. An employer may deny the leave in certain circumstances.
This law states that employers who provide 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.
Effective October 1, 2013, Deployment Leave authorizes individuals of employers with 50 or more employees who work full-time or part-time, have worked for the employer for the last 12 months, and has worked at least 1,250 hours during the last 12 months, leave from work on the day that an immediate family member, which includes a spouse, parent, stepparent, child, stepchild or sibling of the employee is leaving for, or returning from, active duty outside the United States as a member of the armed forces of the United States. An employer may not require an employee to use compensatory, sick, or vacation leave when taking leave. An employer may require an employee requesting leave under this section to submit proof to the employer verifying that the leave is being taken.
Chapter 644 of the Laws of Maryland 2008, authorizes employees of employers with 15 or more individuals to use “leave with pay” for an illness in the employee’s immediate family – a child, spouse, or parent. Leave with pay is considered time away from work for which an employee is paid and includes sick leave, vacation time, and compensatory time. An employee may only use leave with pay that has been earned and employees who earn more than one type of leave with pay may elect the type and amount of leave to use. An employee who uses leave with pay under this law is required to comply with the terms of any collective bargaining agreement or employment policy. This law does not affect leave granted under the Federal Family and Medical Leave Act of 1993 (FMLA).
Effective October 1, 2021, the Maryland Flexible Leave Act (MFLA) shall provide eligible employees with Paid Bereavement Leave to be taken for the death of an employee’s immediate family member.
Under this law, an eligible employee is entitled to a total of six (6) workweeks of unpaid parental leave during any 12-month period for the birth of a child of the employee; or the placement of a child with the employee for adoption or foster care. The Commissioner will look to existing rules, regulations, and interpretations under the Federal Family Medical Leave Act for guidance in administering this law.
Every employer in the State shall permit any employee who claims to be a registered voter in the State a period not to exceed 2 hours absence from work on election day in order to cast a ballot if the employee does not have 2 hours of continuous off-duty during the time that the polls are open.
State employees are allowed up to 30 days of paid leave for organ donation. (§9-1106).
Employers with 15 or more employees must allow up to 15 days of unpaid leave per the calendar year for volunteer members of the Civil Air Patrol who are responding to authorized emergency missions. Employers may not require eligible employees to exhaust other available leave before taking civil air patrol leave. While not required, an employer and employee may negotiate for the employer to pay for continued benefits for the employee while on leave. Employees must provide as much notice to their employer as possible of the start date and the estimated amount of leave needed. In addition, after arriving at an emergency location, employees must provide updated information to their employers regarding their leave and anticipated return to work. The employer can require verification for the employee’s civil air patrol leave. Upon return from civil air patrol leave, an employee must be restored to the position held prior to leave (or to a position with equal status, benefits, pay and conditions of employment).
Employers with 50 or more employees must allow leaves for eligible employees on the day an immediate family member is leaving for or returning from active duty outside of the United States as a member of the U.S. armed forces. An immediate family member is defined as a spouse, parent, stepparent, child, stepchild or sibling of the employee. To be eligible for deployment leave, an employee must have been employed for the 12 months prior to the leave and worked at least 1,250 hours during those 12 months. Employers may require verification for the employee’s leave, but may not require the employee to use compensatory, sick or vacation leave when taking leave.
An employer may not terminate or threaten to terminate an employee for missing work because of the employee:
- Responded to a summons for jury duty or subpoena to appear as a witness in any civil or criminal proceeding (including discovery proceedings); or
- Attended a proceeding he or she has a right to attend.
Employers cannot require an employee to use any sick or vacation leave to attend jury duty. Leave for jury duty is not required to be paid. In addition, employers cannot require an employee who appears for jury duty for four or more hours (including travel time) to work his or her scheduled shift if it begins: On or after 5 p.m. on the day of the employee’s appearance for jury duty; or Before 3 a.m. on the day after the employee’s appearance for jury duty.
Employers with 15-49 employees must provide up to six workweeks of unpaid parental leave to eligible employees for the birth of the employee’s child or the placement of a child with the employee for adoption or foster care. To be eligible, an employee must:
- Have worked for the employer for at least a 12-month period;
- Have worked at least 1,250 hours during the 12-month period prior to the start of the parental leave; and
- Be employed at a worksite with at least 15 employees within 75 miles of the worksite.
Employers must maintain the employee’s benefits during leave, including health insurance, disability insurance, sick leave, annual leave, group life insurance, educational benefits, and pensions. Upon return, the employee must be restored to his or her original position or one equivalent to it in benefits, pay, and other terms and conditions of employment.