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Montgomery County, MD Paid Sick Leave Law

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A new law provides paid sick leave to all employees working in Montgomery County.

The Montgomery County, Maryland Council has enacted an Earned Sick and Safe Leave Law that takes effect October 1, 2016. This law will allow employees to take paid time off to care for themselves or covered individuals.

Who Are Covered Individuals?

Covered individuals are defined as:

  • a biological, adopted, foster, or stepchild of the employee;
  • a child that the employee has legal or physical custody or guardianship of;
  • a child that the employee is the primary caregiver to;
  • a biological, adoptive, foster, or stepparent of the employee or the employee’s spouse;
  • the legal guardian of the employee;
  • an individual who served as the primary caregiver of the employee when the employee was a minor;
  • the spouse of the employee;
  • a grandparent of the employee;
  • the spouse of a grandparent of the employee;
  • a grandchild of the employee;
  • a biological, adopted, or foster sibling of the employee; or
  • the spouse of a biological, adopted, or foster sibling of the employee.

Accrual Rates Depend on the Number of Employees

Employees will accrue sick and safe leave time at the rate of one hour for every 30 hours worked. Employers with five or more employees are required to provide up to 56 hours of paid sick and safe leave per year. Those with fewer than five employees are required to provide up to 32 hours of paid sick and safe leave and 24 hours of unpaid sick and safe leave per year.

How to Communicate the Notice to your Employees

The Office of Human Rights will publish a model notice for employers to use and provide to their employees. According to GovDocs Compliance Research Counsel, Anne Jakala, Esq., the notice requirement can be met by one of three ways:

  • Display the model notice or another notice containing the same information in a conspicuous and accessible area at each of the employer’s work locations in the County;
  • Include the notice in an employee handbook or other written guidance distributed to all employees;
  • Distribute the notice to each employee when hired.


Earned Sick and Safe Leave Bill Posting Requirements

The notice is required to be provided to all employees in some form, but because the notice is not required to be posted, the posting is not considered mandatory. GovDocs will continue to monitor for the release of the model notice.

Oregon: New State and City Paid Sick Leave Laws

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Employers in Oregon need to know about a new statewide Paid Sick Leave law and its effect on similar measures in Portland and Eugene.

The State of Oregon enacted a Paid Sick Leave law that takes effect January 1, 2016, and it may trump similar laws at the municipal level in Oregon.

  • Portland already has a similar law in effect – the Portland Protected Sick Time Ordinance. The new Oregon State law will incorporate Portland’s rules into it by carving out exceptions for cities with over 500,000 in population. Portland’s notice is applicable until January 1, 2016. After January 1, it is believed that the State law requirements will be applicable and the Portland rules & posting will be repealed.
  • Eugene had passed a city Paid Sick Leave ordinance that was set to be in effect on July 1, 2015, however the State bill explicitly preempts all local governments’ sick leave requirements and Eugene’s ordinance will be repealed.

Oregon Paid Sick Leave Posting Requirements

The law requires a written notice to be provided to employees regarding the requirements of the new Oregon Paid Sick Leave law. However, GovDocs Compliance Research Counsel, Anne Jakala, Esq. said there is no language explicitly defining whether that notice must be posted or provided in person.

“We anticipate the Oregon Bureau of Labor and Industries is expected to provide a template notice, but GovDocs will continue to monitor the Bureau of Labor and Industries for the release of any further clarification regarding this law.” Anne Jakala, Esq.

U.S. City Posting Requirements

More than 40 municipal governments in the U.S. have issued notices that employers must display in workplaces – and the trend is increasing. Cities like San Francisco, Seattle, Albuquerque, and Philadelphia have all issued ordinances that affect workers in those cities with corresponding labor law postings.

GovDocs provides ongoing labor law posting compliance coverage for North America’s largest employers. Under our Update Program, employers receive the latest Federal, State, and City required postings automatically and at no extra charge. This takes the guesswork out of posting compliance for large companies with locations in multiple cities and states.

 

Paid Sick Leave in Philadelphia Now the Law

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Philadelphia Mayor Michael Nutter signed a mandatory paid sick leave bill into law. Employees will now be able to use accrued sick time for their own illnesses, care for family members, or seek support for domestic violence or sexual assault.

Employers with existing leave policies that meet the law’s requirements will not have to change their policies or provide for additional leave time. Violation of the ordinance will result in fines, penalties, and restitution.

The paid sick leave bill will take effect in 90 days and will require employers with 10 or more employees to give one hour of paid sick leave for every 40 hours worked, equating to approximately 5 days a year. It is estimated that up to 200,000 Philadelphians will benefit from this bill.

Mayor Nutter said of the bill “Our workforce will be able to take time off for preventive care, recover from an illness or injury, or to ensure that their family and personal business is well-cared for without worrying if it will affect their financial situation or physical health.”

Philadelphia is the seventeenth city in to U.S. to mandate paid sick leave.

The GovDocs research team is monitoring for posting release from the City. Recently Philadelphia amended its Fair Practices Ordinance: Protections Against Unlawful Discrimination which required a Protecting Pregnant Employees posting.

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California Employees Win Paid Sick Leave

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California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (AB No. 1522) giving employees three days of paid sick leave. The law, which amends the California Labor Code, will allow approximately 6.5 million eligible workers in California to accrue paid sick days at a rate of one hour for every 30 hours worked. It covers both public and private employers, but some types of employees are excluded (see Exclusions below).

California is the second state in the U.S. to pass a paid sick leave law. Connecticut was the first in 2011.

What Employers Need to Know about California’s Paid Sick Leave Law

Eligibility: Beginning July 1, 2015, employees must work for at least 30 days within a year from the commencement of employment. The law applies to both employees who are exempted from overtime pay laws as well as those eligible for overtime pay.

Eligibility Exclusions

The law excludes certain California workers from eligibility for paid sick leave:

  • Employees covered by valid collective bargaining agreements with existing paid sick days, paid leave, or paid time off policies that permit the use of sick days.
  • Certain employees in the construction industry.
  • Providers of in-home supportive services.
  • Air carrier flight deck or cabin crew members who are subject to the provisions of Title II of the federal Railway Labor Act.

Sick Leave Usage

  • Employees can use accrued sick days beginning the ninetieth day of employment.
  • An employer may lend paid sick days to an employee in advance of accrual.
  • The requested paid sick leave may be used in the diagnosis, care, or treatment of an existing health condition of, or preventive care for:
    • The Employee
    • Children (biological, adopted, foster, stepchild, or legal ward)
    • Parents (biological, adoptive, foster, stepparent, or legal guardian of the employee or employee’s spouse or registered domestic partner)
    • Spouse or Registered Domestic Partner
    • Grandparents
    • Grandchildren
    • Siblings

Limits of Accrual

  • Accrual of paid sick days is capped to 24 hours (or the eight-hour days) in each year of employment.
  • Employees may carry over accrued sick leave time into subsequent calendar years; however, the total amount an employee may accrue remains 24 hours.
  • Employers do not have to pay out accrued sick leave to employees upon termination, resignation, retirement, or other separation from employment.

Retaliation: Discriminating or retaliating against employees who request paid sick days is unlawful.

California Employer Notice and Posting Requirements

Employers are required to display the new California Paid Sick Leave Act posting in each workplace. Failure to display the posting are subject to a fine of $100 per offense.

Employers also need to provide employees written notice regarding the paid sick leave balance on each employee’s itemized wage statement or separately on the designated pay date with the employee’s payment of wages.

Save 20% now on the new California Healthy Families Act posting and other postings required for California employers, which are part of the GovDocs California Posting Packages:

  • Notice to Employees – Unemployment Insurance, Disability Insurance, and Paid Family Leave
  • Safety & Health Protection on the Job
  • Discrimination and Harassment are Prohibited by Law
  • Pay Day Notice
  • Access to Medical Records
  • Time Off for Voting
  • Minimum Wage
  • Emergency Phone Numbers
  • No Smoking Except In Designated Areas
  • No Smoking
  • Notice A, Pregnancy Disability Leave
  • Notice B, Family Care and Medical Leave
  • Whistleblowers’ Protection Act
  • Notice to Employees – Injuries Caused by Work
  • IWC Wage Order (multiple industries)
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Save 20% on all Federal, California State Labor Law Posters, and California City Labor Law Posters at the GovDocs Labor Law Poster Store with Coupon Code 2015MIN.
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