Maryland does mandate sick leave. Under the Maryland Healthy Working Families Act, which took effect on February 11, 2018, covered employees earn 1 hour of sick and safe leave for every 30 hours they work, and they can earn up to 40 hours of leave per year. Whether that leave is paid or unpaid depends on the size of the employer: businesses with 15 or more employees must provide the leave as paid time, while businesses with 14 or fewer employees must still let workers accrue and use the same leave, but may provide it unpaid. This is a real, statutory entitlement, not a discretionary company benefit, and it sets Maryland apart from the federal baseline, which guarantees no paid sick leave at all for most private-sector workers.
The federal baseline: no paid sick days
There is no general federal law requiring private employers to provide paid sick leave. The federal Family and Medical Leave Act (FMLA) offers up to 12 weeks of unpaid, job-protected leave, but only at employers with 50 or more employees and only for workers who have been employed at least 12 months and worked at least 1,250 hours in the prior year. The Fair Labor Standards Act (FLSA) sets a federal minimum wage of $7.25 per hour and weekly overtime after 40 hours, but says nothing about sick time. Because Washington, D.C., has not filled this gap for private workers nationwide, states like Maryland have created their own paid-leave mandates. Maryland's law is therefore the controlling rule for most employees in the state.
Who is a covered employee in Maryland
The Healthy Working Families Act covers most employees who regularly work in Maryland, but it carves out several groups. To qualify, you generally must work an average of at least 12 hours per week. The law does not cover:
Employees who regularly work fewer than 12 hours a week.
Workers under the age of 18 at the start of the year.
Certain independent contractors.
Some agricultural workers.
Certain construction-industry employees covered by a collective bargaining agreement that waives the law.
Real estate salespeople paid on commission and certain "as-needed" health or human-services employees.
Some employees who work on an as-needed basis in a health or human services industry, where the work is not regular and other conditions are met.
If you are a regular part-time or full-time employee working 12 or more hours a week, you are almost certainly covered.
How accrual, caps, and carryover work
Accrual begins on the first day of employment (or February 11, 2018, for existing employees). You earn 1 hour of leave for every 30 hours you actually work, so a full-time employee accrues roughly five days of leave over a year. Maryland law builds in several limits that employers are allowed to impose:
Annual earning cap: An employer may cap accrual at 40 hours per year.
Total balance cap: An employer may limit your total accrued balance to 64 hours at any one time.
Carryover: You may carry over up to 40 hours of unused leave into the next year. However, an employer that frontloads the full 40 hours at the start of the year is not required to allow carryover.
Use cap: An employer may limit your use of leave to 64 hours in a year.
Waiting period: An employer may bar you from using accrued leave during your first 106 calendar days of employment, even though you keep accruing during that period.
Increments: An employer may require that leave be used in increments of no more than 4 hours at a time.
Importantly, the law does not require employers to pay out unused sick and safe leave when you leave the job, although accrued leave must be reinstated if you are rehired within 37 weeks.
What you can use sick and safe leave for
Maryland's law is broad. "Sick and safe leave" can be used for:
Your own mental or physical illness, injury, or condition, including obtaining preventive medical care.
Caring for a family member with a mental or physical illness, injury, or condition, or to help a family member obtain preventive care.
Maternity or paternity leave.
Absences caused by domestic violence, sexual assault, or stalking against you or a family member, including time to seek medical attention, counseling, relocation, legal services, or to attend related court proceedings (the "safe leave" component).
"Family member" is defined generously and includes a child, spouse, parent, grandparent, grandchild, or sibling, as well as certain in-laws, legal guardians, and people for whom you stood in as a parent.
Notice your employer can require
If your need for leave is foreseeable, an employer may require up to 7 days' advance notice. If the need is not foreseeable, you generally must provide notice as soon as practicable and follow your employer's reasonable notification procedures. For absences of more than two consecutive scheduled shifts, an employer may require reasonable documentation that the leave was used for a covered purpose, but it cannot demand details about the specific medical condition or the underlying domestic violence.
Local ordinances: Montgomery County
The state law generally preempts new local paid-sick-leave ordinances, with one major exception. Montgomery County had its own Earned Sick and Safe Leave law in place before the state act, and that ordinance remains in force and is in some respects more generous. In Montgomery County, employees can earn up to 56 hours of earned sick and safe leave per year, and the paid-leave obligation reaches smaller employers than the state floor. If you work in Montgomery County, you should check the county's specific rules, because you are entitled to the stronger of the protections that apply. Most other Maryland workers fall under the statewide Healthy Working Families Act.
How this interacts with PTO and FMLA
An employer can satisfy the Maryland law through a single paid time off (PTO) policy, as long as the PTO accrues at least as fast as the law requires, can be used for all the same sick-and-safe purposes, and carries the same protections. In other words, if your PTO bank meets or beats the 1-hour-per-30 standard and lets you use time for illness, family care, and safe-leave reasons, your employer does not have to provide a separate sick-leave bucket.
FMLA is a separate, federal job-protection law. Maryland sick and safe leave can run at the same time as FMLA leave, and using your paid Maryland leave can provide income during what would otherwise be unpaid FMLA time. But qualifying for FMLA (50-plus-employee threshold, 1,250 hours, 12 months of service) is more restrictive than qualifying for Maryland sick leave, so many workers have Maryland leave even when they are not FMLA-eligible.
How to enforce your rights and where to verify
Employers must notify employees of their sick-leave rights, track accrual, and show your available balance on each pay statement or an online system. It is unlawful to retaliate against you for requesting or using earned sick and safe leave. If your employer denies leave you have earned, refuses to let you accrue it, or punishes you for using it, you can file a complaint with the Maryland Department of Labor, Division of Labor and Industry, Employment Standards Service, which enforces the Healthy Working Families Act. The agency can investigate, order payment, and assess penalties.
Because details like covered-employer thresholds and county rules can change, confirm the current requirements with the Maryland Department of Labor before acting. For context on wages, Maryland's minimum wage is $15.00 per hour as of 2026 for most employers, well above the federal $7.25, but you should verify the current rate with the Department of Labor, since wage figures are updated periodically. Keep your own records of hours worked and leave requests, and save pay stubs showing your accrued balance, in case you ever need to prove what you earned.
Official Maryland Sources
This page is based on Maryland employment law. Rules and figures change — verify the current details directly with the official Maryland sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Maryland state law.
Frequently asked questions
Does every Maryland employer have to pay for sick leave?
No. Employers with 15 or more employees must provide the sick and safe leave as paid time. Employers with 14 or fewer employees must still let workers accrue and use the same leave at 1 hour per 30 hours worked, but they may provide it unpaid. Either way, covered employees earn up to 40 hours per year.
How much sick leave can I earn in Maryland?
You earn 1 hour of sick and safe leave for every 30 hours you work. An employer may cap your annual accrual at 40 hours, cap your total balance at 64 hours, and limit your use to 64 hours a year. You can carry over up to 40 hours into the next year unless your employer frontloads the full amount.
Do I qualify if I only work part time?
You generally qualify if you work an average of at least 12 hours per week in Maryland. Workers who regularly work fewer than 12 hours a week, most workers under 18, certain independent contractors, and a few other specific groups are not covered.
Are the rules different in Montgomery County?
Yes. Montgomery County has its own Earned Sick and Safe Leave law that predates and survives the state act. It allows up to 56 hours of leave per year and reaches some smaller employers. If you work in Montgomery County, you are entitled to the stronger local protections, so check the county's specific rules.
Can my employer make me wait before using sick leave?
Yes. An employer may prohibit you from using accrued leave during your first 106 calendar days of employment, even though you continue to accrue it during that time. After that period, you can use leave you have earned for any covered sick or safe purpose.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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