Breaks, Benefits and Days Off - The Maryland Guide to Wage Payment and Employment Standards

Effective March 1, 2011, the Healthy Retail Employee Act became effective in Maryland. The law applies to employees, who work in certain retail establishments, and certain requirements apply; such as the number of employees, the number of hours worked, and the establishment's primary purpose must be to sell goods with the consumer present in the retail establishment at the time of the sale. An employer may also offer a "working shift break" in certain instances, such as the type of work prevents the employee from being relived of work, the employee is permitted to consume a meal while working, the employee is paid for this time, and the employer and the employee mutually agree, in writing, to the working shift break. Find more information on the Healthy Retail Employee Act.

Unless an employee works in a retail establishment as described above, and meets the requirements of the Healthy Retail Employee Act, there is no law requiring an employer to provide breaks, including lunch breaks, unless the employee is under the age of 18. Minors under 18 must receive a 30 minute break for every 5 hours of work. In addition, State law does not guarantee days off for holidays or any special holiday pay for private sector employees, except an unpaid religious day of rest each week for retail employees who give prior written notice to their employers.

Maryland law does not require the award of benefits. Examples include vacation leave, sick leave, compensatory time, holidays and holiday pay, health and life insurance, bonuses, severance pay, etc. The right to claim benefits only arises through a prior agreement of the parties.

[See also section IV. W. regarding pay for breaks]

Updated March 30, 2011