Flexible Leave - The Maryland Guide to Wage Payment and Employment Standards

Summary

Effective October 1, 2008, the Flexible Leave Act, Chapter 644 of the Laws of Maryland 2008, authorizes employees of employers with 15 or more individuals to use "leave with pay" for an illness in the employee's immediate family which includes a child, spouse or parent. Leave with pay is considered time away from work for which an employee is paid and includes sick leave, vacation time, and compensatory time. An employee may only use leave with pay that has been earned. Employees who earn more than one type of leave with pay may elect the type and amount of leave with pay to be used. An employee who uses leave with pay under this law is required to comply with the terms of any collective bargaining agreement or employment policy.

The Flexible Leave Act prohibits an employer from discharging, demoting, suspending, disciplining or otherwise discriminating against an employee or threatening to take any of these actions against an employee who exercises rights under this law. This law does not affect leave granted under the Federal Family and Medical Leave Act of 1993 (FMLA). For more information on the FMLA website.

Frequently Asked Questions

1. Which employers are covered by the Flexible Leave Act?
2. What is "leave with pay"?
3. Who is considered "immediate family"?
4. Can the employee decide which type of leave with pay to use?
5. Can an employee use leave accrued before October 1, 2008 under this Act?'
6. Does the Act apply to leave taken prior to October 1, 2008?
7. Can an employer still require employees to comply with applicable employment policies that place certain requirements on employees for using leave with pay, such as notice prior to taking leave?
8. Does the Act require an employer to provide paid leave if they do not already?

1. Which employers are covered by the Flexible Leave Act?
   Only employers with 15 or more employees who provide leave with pay are covered by the Act.
    
2. What is "leave with pay"?
   Leave with pay is defined as time away from work for which an employee receives compensation, such as sick leave, vacation time, and compensatory time.
    
3. Who is considered "immediate family"?
   "Immediate family" is defined as including a child, spouse, and parent.
    
4. Can the employee decide which type of leave with pay to use?
   Yes.
    
5. Can an employee use leave accrued before October 1, 2008 under this Act?
   Yes.
    
6. Does the Act apply to leave taken prior to October 1, 2008?
   No.
    
7. Can an employer still require employees to comply with applicable employment policies that place certain requirements on employees for using leave with pay, such as notice prior to taking leave?
   Yes, as long as the employment policy does not conflict with the provisions of the Act. If the policy provides a leave with pay benefit that is equal to or greater than the benefit provided under the Act, that policy prevails.
    
8. Does the Act require an employer to provide paid leave if they do not already?
   No. The Act only applies to an employer who already provides paid leave.

Updated February 18, 2010