Maryland Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of Maryland.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

Does Maryland Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?

Yes, there is a law in place that mandates eligible employers to provide paid sick leave to qualified employees. It is covered under the Maryland Healthy Working Families Act, which took effect on February 11, 2018.

Are There Requirements to be Eligible for Paid Sick Leave in Maryland?

In order to be eligible for paid sick leave in Maryland, an employee must work at least 12 hours per week for an employer with 15+ employees. Additionally, employees may begin taking paid sick leave after working for an employer for 90 days.

Employers with fewer than 15 employees are required to provide unpaid sick leave at the same accrual rate.

Is There a Minimum Amount of Paid Sick Time Required in Maryland?

The accrual rate for paid sick leave in Maryland is 1 hour for every 30 hours worked (based on location), up to 40 hours per year. However, an employee is not entitled to accrue sick leave during any 2-week pay period in which the total hours worked was under 24, or any 1-week pay period in which the total hours worked was fewer than 24 over the previous 2 weeks. Employees paid twice per month who worked fewer than 26 hours during a pay period are also exempt from accruing paid sick leave.

Employers are permitted to frontload 40 hours of sick time at the start of the year.

What Can PSL be Used for in Maryland?

In Maryland, eligible employees may use their paid sick time to care for their own injury, illness, or need to seek treatment. They can also use it to care for sick or injured family members.

Is Paid Sick Leave Required to be Carried Over Each Year in Maryland?

Yes, eligible employers are required to offer the option to carry over up to 40 hours to the next year. However, employers using the frontload method (rather than the accrual method) aren’t required to carry over sick leave time.

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in Maryland?

Paid time off is not a required benefit in Maryland. Paid sick leave is required of most employers in the state.

Common Maryland Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in Maryland?

If you work at least 12 hours per week for an eligible employer, you are entitled to earn 1 hour of paid sick leave for every 30 hours worked, up to 40 hours in a year.

Does paid sick leave apply to all employees who work in Maryland?

Paid sick leave applies to most employees working at least 12 hours per week in Maryland. Unpaid sick leave may apply if the employer has fewer than 15 employees.

Which employees are exempt or partially exempt from the paid sick leave law in Maryland?

Employees working for employers with fewer than 15 employees are exempt from the paid sick leave requirements but must earn unpaid sick leave. Independent contractors and those covered under certain collective bargaining agreements may also be exempt. Additionally, the following may be exempt:

• Associated real estate salespeople and brokers
• Employees who are under 18 years old prior to the start of the year
• Employees working on an as-needed basis in a human or health service industry
• Temporary services agency employees
• Those employed in the agricultural sector in specific operations

Do I have to notify my employer before taking sick leave in Maryland?

The requirement to notify an employer before taking sick leave is based on company policy.

Can I be disciplined for taking a sick day or using paid sick leave in Maryland?

The law protects employees from retaliation by their employer for using paid sick leave. However, you must comply with your company’s policy around notifying the employer and providing required documentation. Employees found to be misusing paid sick leave or violating company rules may face discipline.

WorkforceHub, a time and labor platform, can help your company manage any requirements associated with accruals. Learn more and try it for free today.

Maryland Healthy Working Families Act

Maryland Healthy Working Families Act FAQ

Maryland Department of Labor