A family member includes a spouse, child, parent, grandparent, grandchild, sibling, or legal
guardian. For a complete list of family members included under the law, please see §3-1301(G) of
the Labor and Employment Article of the Maryland Annotated Code.
Employees are permitted to use the leave in increments of not less than hours [Employer
option but note that the minimum increment may not exceed 4 hours].
[Employer Option] An employee may use earned sick and safe leave before the leave has accrued
up to a maximum of hours. If an employee wishes to use leave before it has accrued, the
employee must sign an acknowledgement that any amount of earned sick and safe leave that is
paid before it has accrued will be deducted from wages paid to the employee if the employee
leaves employment prior to accrual.
If the need to use sick and safe leave is foreseeable (for example a scheduled doctor’s
appointment), the employee must provide notice 7 days prior to leave use. Notice must
be [Employer Option insert desired method of notice] and directed to .
[Employer option insert to whom] If the need to use leave is not foreseeable, the employee must
provide notice as soon as practicable.
A request for earned sick and safe leave may be denied if the employee fails to provide the
required notice and the employee’s absence will cause disruption to the employer.
Employees may only use earned sick and safe leave for one of the listed authorized reasons.
Employees using earned sick and safe leave for unauthorized purposes or who have demonstrated
a pattern of abusing sick and safe leave may be denied the right to use sick and safe leave in the
future.
If an employee uses sick and safe leave for more than two consecutive scheduled shifts, the
employee must provide verification that the leave use was appropriate.
As indicated above, employees may not use sick and safe leave for the first 106 days of their
employment. Employees who wish to use leave between the 107
th
through the 120
th
calendar days
after beginning employment must provide verification that the leave use was appropriate as
agreed upon at t
he
time
of hire. [Employer
Op
tio
n: To require this ve
rification of use bet
ween
107th and 120th days, employe
r an
d
employee must
h
ave
mutually agreed at the
time
of hire that
the employee would provide such verification].
[THE FOLLOWING SECTION APPLIES ONLY TO PRIVATE EMPLOYERS LICENSED UNDER
TITLE 7 OR TITLE 10 OF THE HEALTH GENERAL ARTICLE TO PROVIDE SERVICES TO
DEVELOPMENTALLY DISABLED OR MENTALLY ILL INDIVIDUALS]
Employees may be denied sick and safe leave use if (1) the need to use earned sick and safe leave
was foreseeable; (2) the employer is unable to find a suitable replacement for the employee after
exercising reasonable diligence; and (3) the employee’s absence will cause a disruption of service
to at least one individual with a developmental disability or mental illness.