Maryland Sick and Safe Leave: Employer Rules

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The answer

Paid at 15+ employees, unpaid below 15

Every employer with employees whose primary work location is Maryland provides earned sick and safe leave at 1 hour per 30 hours worked, up to 40 hours a year. It is paid leave if the employer has 15 or more employees and unpaid leave if it has fewer (Md. Code, Lab. and Empl. 3-1304). (Md. Code, Labor and Employment 3-1304)

“(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.”
Md. Code, Lab. & Empl. § 3-1304(a)(1) · mgaleg.maryland.gov · verified Sep 24, 2026

Sick leave policy template

What it means for Maryland employers

Maryland splits the obligation instead of exempting small businesses. A 9-person bakery still tracks accrual, posts the notice and protects the time off; it just does not have to pay for it. The Maryland Department of Labor's FAQ says those employers follow the same tracking and notice rules as larger ones. (Md. Code, Lab. & Empl. § 3-1304(a)(1))

The 15-employee line is an average, not a count on one day. Under 3-1304(a)(2), the employer adds the number of employees working in each month of the preceding year and divides by 12, counting full-time, part-time, temporary and seasonal staff and even minors who are not themselves eligible. Only employees working in Maryland count. If last year's average was 13, leave stays unpaid for the whole current year even if headcount climbs to 16. (Md. Code, Labor and Employment 3-1304)

Three numbers work together. Employees accrue up to 40 hours a year; they may carry up to 40 unused hours into the next year, but the total balance never has to exceed 64 hours; and an employer need not allow more than 64 hours of use in a year. An employer that front-loads 40 hours at the start of its chosen year may refuse carryover entirely. (Md. Code, Lab. & Empl. § 3-1304(a)(1))

Short pay periods earn nothing. The Department says no leave accrues in a two-week pay period with fewer than 24 hours worked, in a one-week period if the current and previous weeks together total under 24 hours, or in a semimonthly period with fewer than 26 hours. (Md. Code, Lab. & Empl. § 3-1304(a)(1))

Exceptions and special cases

Excluded from accrual: employees who regularly work less than 12 hours a week, workers under 18 at the start of the year, certain independent contractors and real estate licensees, certain agricultural workers, certain as-needed health or human service workers, certain temporary agency workers, and construction workers under a collective bargaining agreement that clearly waives the law (or one signed before June 1, 2017, for its original term). (Md. Code, Lab. & Empl. § 3-1304(a)(1))
New hires: an employer does not have to allow use during the first 106 calendar days of employment (3-1304(c)(4)). (Md. Code, Labor and Employment 3-1304)
Local law: the Act preempts county sick leave laws enacted on or after January 1, 2017. Montgomery County's law, enacted earlier, still applies there. (Maryland Department of Labor, Sick and Safe Leave)
A vacation or PTO policy that is at least as generous, usable for the same reasons and under the same conditions, satisfies the law. The Department suggests calling it PTO in a written policy that says so. (Md. Code, Lab. & Empl. § 3-1304(a)(1))

Worked examples

Averaging headcount for 2026

A restaurant had 12 employees in January through April 2025, 20 from May through September and 14 in October through December. The monthly total is 12x4 + 20x5 + 14x3 = 190; divided by 12 that is about 15.8, so leave must be paid in 2026. (Md. Code, Lab. & Empl. § 3-1304(a)(1))

A part-timer paid every two weeks

An employee works 22 hours in one biweekly pay period and 30 in the next. The first period is under 24 hours, so it earns no leave; the second earns 1 hour. (Md. Code, Lab. & Empl. § 3-1304(a)(1))

A hire on Monday, June 1, 2026

Counting the start date as day 1, the 106th calendar day is Monday, September 14, 2026. Before that the employer may decline requests to use accrued leave; from then on accrued hours are usable. (Md. Code, Lab. & Empl. § 3-1304(a)(1))

How to act on it

Sick leave policy templateState whether leave is paid or unpaid for the year, the 40, 40 and 64 hour limits, the 106-day wait and your front-load or accrual choice.Final paycheck deadline calculator (Maryland)Maryland final wages are due by the payday they would have fallen on had the job continued.Maryland employer rulebookEvery verified Maryland rule with its source.Paid sick leave laws by stateCompare Maryland with Virginia, Pennsylvania, Delaware and DC.

Paid sick leave: Maryland and neighboring states

Each state links to its rulebook. Only rules we verified are shown.

State	Statewide paid sick leave
Maryland	Yes, statewide
Pennsylvania	No statewide law
Delaware	Pending verification
Virginia	Yes, statewide (full page)
West Virginia	Pending verification
District of Columbia	Yes, statewide

Questions about Maryland paid sick leave rules

Do small businesses in Maryland have to give sick leave?

Yes, but it can be unpaid. Employers averaging fewer than 15 employees in the preceding year provide unpaid earned sick and safe leave; at 15 or more it is paid.

What is the most sick leave a Maryland employee can bank?

The employer need not allow a total balance above 64 hours, and carryover can be limited to 40 hours (3-1304(c)(3) and (g)(2)).

When did the Maryland Healthy Working Families Act take effect?

February 11, 2018, 30 days after the General Assembly overrode the Governor's veto.

Can a Maryland employer make new hires wait to use sick leave?

Yes, for up to the first 106 calendar days of employment under 3-1304(c)(4).

Does the Maryland law cover employees who live in another state?

It covers employees whose primary work location is Maryland, even when the employer is based elsewhere. A Maryland company's employee who lives and works only in another state is not covered.

The verified rules behind this page (6)

Accrual: Maryland Healthy Working Families Act: earned sick and safe leave accrues at a rate of at least 1 hour for every 30 hours worked (employers may instead front-load the year's amount). (Md. Code, Lab. & Empl. § 3-1304(b); verified Sep 24, 2026)
Accrued balance cap: An employer need not allow an employee to accrue a total of more than 64 hours of earned sick and safe leave at any time. (Md. Code, Lab. & Empl. § 3-1304(c)(3); verified Sep 24, 2026)
Annual cap: An employer need not let an employee earn more than 40 hours of earned sick and safe leave in a year. (Md. Code, Lab. & Empl. § 3-1304(c)(1); verified Sep 24, 2026)
Effective date: The Maryland Healthy Working Families Act took effect February 11, 2018, after the General Assembly overrode the Governor’s veto. (Maryland Department of Labor, Sick and Safe Leave; verified Sep 24, 2026)
Employer coverage: All employers with employees whose primary work location is Maryland must provide earned sick and safe leave: paid leave if they employ 15 or more employees, unpaid leave if they employ fewer. (Md. Code, Lab. & Empl. § 3-1304(a)(1); verified Sep 24, 2026)
When employment ends, the employer must pay all wages due for work performed before termination on or before the day the employee would have been paid had the employment not ended. (Md. Code, Labor and Employment § 3-505(a); verified Sep 24, 2026)

Note: Maryland's law preempts local paid sick and safe leave laws enacted on or after January 1, 2017. Montgomery County enacted its own law before that date, so employers there should also check the county law. (Maryland Healthy Working Families Act (Md. Code, Lab. & Empl. § 3-1301 et seq.); Maryland DOL FAQ)

Sources (5)

Checked Sep 24, 2026 · How we verify every rule · Report an error

Maryland earned sick and safe leave rules for employers