Legislative Update - Maryland Healthy Working Families Act

As of Tuesday, April 4 it seems Maryland mandatory paid sick and safe leave will most likely not become law this year.  After months of debate, the Maryland Chamber of Commerce has reported that the Maryland General Assembly has passed amended HB 01, Maryland Healthy Working Families Act.  The bill will be sent to Governor Larry Hogan, who has promised a veto. 

But, per our state constitution, it appears there is no longer enough time for a vote to override a veto.  The General Assembly will have to vote or override his veto at the start of the 2018 session. 

With all the approved amendments, here is a brief summary of what the bill looks like for employers:

15 or more employees:

  • mandatory paid “sick and safe” leave for employees 18 and older who regularly work at least 12 hours a week;
  • up to five (5) days of paid “sick and safe” leave accumulated per year (one hour for every 30 hours worked); and
  • paid leave at no less than minimum wage, or allowance of an equivalent shift for the same number of hours, for tipped employees.

Fewer than 15 employees:

  • up to five (5) unpaid days of “sick and safe” leave accumulated per year (one hour for every 30 hours worked).

All employers:

  • extensive record-keeping and employee notification, subject to review, and
  • investigation and potential penalties upon allegation of violation.

We will continue to monitor the remaining bills in Annapolis that affect business owners and will send updates regarding all new state laws that have passed this session, including the timeline for when they become effective. 

Cheryl Brown is an attorney with the Business and Transactional practice group at Davis, Agnor, Rapaport & Skalny, LLC.  For questions regarding the implementation of these new laws, or your own labor and employment law matters, please do not hesitate to contact Cheryl.