§ 3-1304. Employers subject to subtitle; Rate of accrual
West's Annotated Code of MarylandLabor and EmploymentEffective: February 11, 2018
Effective: February 11, 2018
MD Code, Labor and Employment, § 3-1304
§ 3-1304. Employers subject to subtitle; Rate of accrual
(a)(1)(i) Subject to subparagraph (iii) of this paragraph, an employer that employs 15 or more employees shall provide an employee with earned sick and safe leave that is paid at the same wage rate as the employee normally earns.
(2)(i) For the purpose of determining whether an employer is required to provide paid or unpaid earned sick and safe leave under this subsection, the number of employees of an employer shall be determined by calculating the average monthly number of employees employed by the employer during the immediately preceding year.
(b) The earned sick and safe leave provided under subsection (a) of this section shall accrue at a rate of at least 1 hour for every 30 hours an employee works.
(c) An employer may not be required to allow an employee to:
(d) At the beginning of each year, an employer may award to an employee the full amount of earned sick and safe leave that an employee would earn over the course of the year rather than awarding the leave as the leave accrues during the year.
(e)(1) Except as provided in paragraph (2) of this subsection, for the purposes of calculating the accrual of earned sick and safe leave, an employee who is exempt from overtime wage requirements under the federal Fair Labor Standards Act is assumed to work 40 hours each workweek.
(f) Earned sick and safe leave shall begin to accrue:
(g)(1) Subject to paragraphs (2) and (3) of this subsection, if an employee has unused earned sick and safe leave at the end of each year, the employee may carry over the balance of the earned sick and safe leave to the following year.
(h) If an employee is rehired by the employer within 37 weeks after leaving the employment of the employer, the employer shall reinstate any unused earned sick and safe leave that the employee had when the employee left the employment of the employer unless the employer voluntarily paid out the unused earned sick and safe leave on the termination of employment.
(i)(1) An employer may allow an employee to use earned sick and safe leave before the employee accrues the amount needed.
(2) If an employee is allowed under paragraph (1) of this subsection to use earned sick and safe leave before it has accrued, the employer may deduct the amount paid for the earned sick and safe leave from the wages paid to the employee on the termination of employment under § 3-505 of this title if:
(j) An employer may not be required to pay out on the termination of employment unused earned sick and safe leave accrued by an employee.
(k) An employer who acquires, by sale or otherwise, another employer shall allow all employees of the original employer who remain employed by the successor employer to retain all unused earned sick and safe leave accrued during employment with the original employer.
Credits
Added by Acts 2018, c. 1, § 1, eff. Feb. 11, 2018.
MD Code, Labor and Employment, § 3-1304, MD LABOR & EMPLY § 3-1304
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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