Governor O’Malley signed the Flexible Leave Act into law earlier this month. While the new Act does not require Maryland employers to provide additional paid leave, it does expand the rights of employees who receive paid leave to use it to care for ill family members.

The Flexible Leave Act applies to all employers with 15 or more employees in Maryland.  If a covered employer provides employees “Leave with Pay” (in the form of sick, vacation or compensatory time) under a collective bargaining agreement or employment policy, the new law allows an eligible employee to use the “Leave with Pay” for the illness of an immediate family member. The Flexible Leave Act defines “immediate family” to include a “child, spouse and parent.”

Eligible employees may only use leave that is “earned,” and must comply with the terms of the collective bargaining agreement or policy authorizing the leave.  However, any employee that earns more than one type of “Leave with Pay” may elect the type and amount of leave to be used under the Act. The new Maryland law is not intended to affect any available rights under the federal Family and Medical Leave Act.

Employers are prohibited from taking (or threatening to take) any adverse employment action against employees who exercise rights under the new Act.

Maryland employers that employ 15 or more individuals and that provide any “Leave with Pay” to employees should review their employment policies to account for the requirements of the Flexible Leave Act.

The Arent Fox Employment Law Group assists employers with the drafting of paid leave policies and defends them against claims for unpaid compensation in administrative agencies and courts. If you have any questions about this issue or any other leave issue, please feel free to contact us.

Samuel K. Charnoff
charnoff.samuel@arentfox.com
202.857.6221