The following information is taken from the Montgomery County Council press release of 6/24/15.
The Montgomery County Council unanimously approved Bill 60-14 that will require most employers doing business in the County to provide earned sick and safe leave to employees for work performed in the County. Enactment of the bill makes Montgomery County one of the few local jurisdictions in the nation to have some form of required sick and safe leave requirements for employees.
Montgomery County recently published the following press release, Montgomery County Council Unanimously Approves Earned Sick and Safe Leave Bill Legislation Will Enable Workers to Earn Up to 7 Days Paid Leave Per Year for Reasons of Health, Domestic Abuse.
Paid sick leave legislation in Montgomery County, MD goes into effect 10/1/16
Although the states of California, Connecticut and Massachusetts have instituted some forms of earned sick and safe leave requirements, Montgomery County, Maryland will be joining a handful of local jurisdictions to have such legislation. Those other jurisdictions include the District of Columbia; Jersey City and Newark in New Jersey; New York City; Portland, OR.; San Diego; San Francisco and Seattle. FosterThomas HR has posted the details for Massachusetts and California. These paid sick leave laws and policies will take effect on 7/1/15. See details for those laws below:
Details of Montgomery County Paid Sick Leave Legislation – Bill 60-14
Earned sick and safe leave is paid leave that can be used for the injury or illness of the employee or the employee’s immediate family. It also can be used for time off needed due to domestic violence suffered by the employee or a member of the employee’s immediate family.
- An employer could provide any type of paid time off that can be used by the employee for each of the purposes outlined in the bill to satisfy the earned sick and safe leave requirement.
- The bill applies to an employee, but not an independent contractor.
- The bill also excludes an employee who works less than eight hours a week.
- Bill 60-14 will require an employer to provide earned sick and safe leave at a rate of at least one hour for every 30 hours an employee works in the County up to 56 hours in a calendar year.
- An employee would have to be paid for earned sick and safe leave at the same rate, and with the same benefits, as the employee normally earns.
- A tipped employee would have to be paid at least the County minimum wage for each hour the employee uses earned sick and safe leave.
- Small Business Protection
- The Council approved an amendment to help small businesses. That amendment provides that an employer with fewer than five employees would have to provide an employee with up to 32 hours of paid sick and safe leave per year plus an additional 24 hours of unpaid sick and safe leave.
To read the complete press release on the Montgomery County Sick Leave Legislation, please click the button below:
Sick Leave Across the Country
The following is taken from DOL website (www.dol.gov) regarding federal sick leave laws. For specific sick leave laws/policies in your state, please contact FosterThomas for assistance.
Currently, there are no federal legal requirements for paid sick leave.
For companies subject to the Family and Medical Leave Act (FMLA), the Act does require unpaid sick leave. FMLA provides for up to 12 weeks of unpaid leave for certain medical situations for either the employee or a member of the employee’s immediate family. In many instances paid leave may be substituted for unpaid FMLA leave.
Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.
HR Compliance, HR Management & Consulting
- Do you need assistance in drafting a written notice to your employees regarding your sick leave and PTO policy?
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