Maryland sick and safe leave: who earns it, how much, and using it for a new child

Short answer, as of October 8, 2026: under Maryland's earned sick and safe leave law, an employer must let you earn at least 1 hour of leave for every 30 hours you work, unless an exception applies to you. The leave is:

• paid at employers with 15 or more employees;
• unpaid at employers with 14 or fewer.

You can use it for your own illness or a family member's illness, for preventive care, for safe-leave reasons and "for maternity or paternity leave". This page gives general information, not legal advice.

Who earns it

The law applies to employees, with these exceptions.

• It does not apply to an employee who (§ 3-1303(a)):
  • "regularly works less than 12 hours a week for an employer";
  • works in construction under a union contract that waives the law "in clear and unambiguous terms";
  • is called in "on an as-needed basis in a health or human services industry", can accept or reject a shift, has no guaranteed work, and is not employed by a temporary staffing agency.
• These persons are not "employees" under the law (§ 3-1301(e)):
  • a person under 18 before the year begins;
  • an agricultural worker on an agricultural operation;
  • a person placed by a temporary services agency that does not control the day-to-day work;
  • a person employed by an employment agency for part-time or temporary work for another person;
  • two groups defined by other sections of the article (§§ 8-205 and 9-222).
• State and local government units are employers under this law (§ 3-1301(f)). A unit whose own sick leave meets or is better than this law uses its own rules for its personnel-system employees (§ 3-1303(c)).

Paid or unpaid

To get the employee count, the employer uses the average monthly number of employees in the year before. Full-time, part-time, temporary and seasonal employees all count (§ 3-1304(a)(2)).

How much you earn and can use

Example (arithmetic only): if you work 40 hours a week, you earn at least 1 hour 20 minutes of leave a week. You reach 40 hours after 1,200 hours of work, which is about 30 weeks. The "year" is a 12-month period that your employer chooses (§ 3-1301(l)).

What you can use it for

The law says an employer "shall allow an employee to use earned sick and safe leave" (§ 3-1305(a)):

1. to care for or treat your own mental or physical illness, injury or condition;
2. for preventive medical care for you or a family member;
3. to care for a family member with a mental or physical illness, injury or condition;
4. "for maternity or paternity leave";
5. for an absence because of domestic violence, sexual assault or stalking against you or a family member. You can use it to get medical or mental health care, victim services or legal services, or while you have temporarily moved because of it.

A family member is (§ 3-1301(g)):

• your child: biological, adopted, foster or stepchild, a child in your custody or guardianship, or a child for whom you stand in loco parentis "regardless of the child's age";
• your parent or your spouse's parent (biological, adoptive, foster or step);
• your or your spouse's legal guardian or ward;
• a person who acted as a parent to you or your spouse when you or your spouse was a minor;
• your spouse;
• your grandparent, grandchild or sibling (including adopted, foster and step).

Using it for a new child

• You may use it "for maternity or paternity leave" (§ 3-1305(a)(4)). The law names both.
• The limits above still apply.
  • If your employer applies all the limits that the law allows, you earn at most 40 hours a year. That is about one full-time week (arithmetic only).
  • If you carried unused leave over, you may have up to 64 hours to use. Your employer may cap use at 64 hours a year (§ 3-1304(c)(2)-(3), (g)).
  • Your employer may refuse its use in your first 106 calendar days.
• Notice: if you know the date in advance, your employer may ask for notice of up to 7 days (§ 3-1305(b)(1)).
• Proof: your employer may ask for proof that you used the leave for an allowed reason (§ 3-1305(g)):
  • if you use it for more than two scheduled shifts in a row; or
  • if you use it between your 107th and 120th day in the job, and you agreed to give proof when you were hired.
  • If you do not give the proof, your employer may refuse a later request for the same reason.
• Longer leave:
  • Unpaid, job-protected leave can come from the federal FMLA (up to 12 workweeks) or Maryland's Parental Leave Act (6 workweeks). See maternity and paternity leave in Maryland and the Parental Leave Act, FMLA and FAMLI.
  • From January 1, 2028, FAMLI pays benefits to bond with a new child. Your employer may not require you to use up paid sick leave before or during FAMLI benefits. You and your employer may agree that you use paid sick leave or other paid time off to bring your pay up to 100% of your average weekly wage (§ 8.3-702(d)(1)-(2)). See Maryland FAMLI for employees.

Notice, proof and your balance

• Leave you can plan: your employer may require "reasonable advance notice of not more than 7 days" (§ 3-1305(b)(1)).
• Leave you cannot plan: tell your employer "as soon as practicable". Generally follow its usual notice procedures for other leave, if those procedures do not stop you from using your sick and safe leave (§ 3-1305(b)(2)).
• A refusal: your employer may refuse the leave if you did not give the required notice and your absence will cause a disruption (§ 3-1305(b)(3)). Some providers of services to persons with developmental disabilities or mental illness have one more rule.
• A replacement: your employer may not require you to find a person to work for you (§ 3-1305(c)).
• Hours at a time: you can take the leave in the smallest unit your employer's payroll uses. Your employer may set a minimum unit of up to 4 hours (§ 3-1305(e)).
• Your balance: each time you are paid, your employer must give you a written statement of your available leave, or an online system where you can see it (§ 3-1305(f)).

When you leave a job

• Unused leave: the law does not require your employer to pay it out when the job ends (§ 3-1304(j)).
• Rehire: if the same employer rehires you within 37 weeks, it must give back your unused leave, unless it paid that leave out when you left (§ 3-1304(h)).
• Sale of the business: if a new owner buys your employer and you stay employed, you keep your unused leave (§ 3-1304(k)).

Bereavement leave in Maryland

A separate Maryland law, § 3-802, lets you use paid leave you have already earned when a member of your immediate family dies. It does not add extra days.

• Which employers: employers that give paid leave under a union contract or an employment policy, and that have 15 or more employees for each working day in 20 or more calendar weeks of this year or last year. It applies to you if you are "primarily employed in the State" (§ 3-802(b)).
• Whose death: "Immediate family" is your child, spouse or parent (§ 3-802(a)(5)). For bereavement, "child" includes an adopted, biological or foster child, a stepchild or a legal ward. That definition has no age limit.
• What leave: "leave with pay" includes sick leave, vacation time, paid time off and compensatory time. If you earn more than one type, you may choose which type and how much to use (§ 3-802(a)(6), (e)(1)).
• The rules you follow: you follow your union contract or employment policy for how you use it. If that contract or policy gives an equal or better benefit, it prevails (§ 3-802(e)(2)-(3)).
• The same law covers a family member's illness: you may use earned paid leave to care for an ill spouse or parent, or an ill child who is under 18, or who is 18 or older and cannot care for themself because of a mental or physical disability. The same rules apply as for your own illness (§ 3-802(a)(3)(i), (c), (d)).
• No waiver, no retaliation: an agreement to waive this section is void. Your employer may not discharge, demote, suspend, discipline or discriminate against you for asking for or taking this leave (§ 3-802(d)(2), (f)).
• If the law is broken: the Commissioner tries to resolve it by mediation, or asks the Attorney General to bring an action for you (§ 3-802(h)).

This page does not cover the separate leave rules for employees of the State of Maryland.

If a problem comes up

An employment lawyer can advise you on your own case.

This is a private website, not a government site. General information, not legal, tax or insurance advice.

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