The DLLR recently issued new guidance concerning the Maryland Healthy Working Families Act for employers. The new guidance takes the form of sample policies and updated or new responses to the previously posted frequently asked questions. The new guidance is helpful and may answer some of the questions employers face as they implement the Act. The new guidance may be found here.

The sample policies address three different scenarios: (i) an employer that awards sick and safe leave at the beginning of the year; (ii) an employer that allows employees to accrue leave throughout the year; and (iii) an employer with tipped employees. These sample policies provide a useful framework for employers to use, although the policies will need customization to take into account an employer's particular circumstances. For example, all the sample policies assume that an employer does not have another form of paid leave, which may comply with the Act, already in place.

The new or revised responses to the to the frequently asked questions address:

  • What is the construction exemption and who is covered by it?
  • If a collective bargaining agreement was entered into before June 1, 2017, does the law apply to the employees covered by that agreement?
  • Can an employer provide for different methods of accrual for different types of employees?
  • Can an employer count paid holidays toward earned sick and safe leave?  Does an employee accrue earned sick and safe leave while using PTO?
  • What does "regularly" works less than 12 hours per week mean and what happens in weeks when an employee works less than 12 hours?
  • How does an employer handle the accrual of earned sick and safe leave if the employer "front–loads" leave and the employee is not hired at the beginning of the designated benefit year?
  • Does earned sick and safe leave count toward the fringe benefit amount on a Maryland prevailing wage project? What about on a Davis Bacon project?
  • If an employee is performing work on a Maryland Prevailing Wage project, at what rate should the employee be compensated when using earned sick and safe leave?
  • Is an employee required to give notice before using earned sick and safe leave? Can an employer deny a request to use earned sick and safe leave?

Employers should be on the lookout for additional updates from the DLLR as it works through the implementation of the Act.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.