Maryland Paid Sick Leave Laws: Your Entitlements

Federal law does not mandate paid sick leave. The Fair Labor Standards Act (29 U.S.C. § 201 et seq.) does not require employers to provide paid time off of any kind. However, some federal employees and employees of federal contractors receive paid sick leave under separate regulations. Employers who do provide paid sick leave must comply with any state laws that are more protective. The FMLA (29 U.S.C. § 2601) requires unpaid leave for qualifying medical reasons at employers with 50+ employees, but this is separate from paid sick leave requirements.

Under federal law, there is no enforcement mechanism or agency specifically overseeing paid sick leave at the federal level for private employers. Some states and localities have enacted paid sick leave laws that provide greater protections than federal law. The Department of Labor (DOL) enforces the FMLA but does not enforce paid sick leave requirements. Employers can impose notice requirements, certification procedures, and use limitations on paid sick leave provided, subject to state law constraints.

Maryland's paid sick leave law, codified in Maryland Code, Labor and Employment Article § 5-703, applies to private employers with 15 or more employees. This law is significantly more protective than federal law, which imposes no paid sick leave requirement at all. Public employers and employees in Maryland are governed by separate provisions and existing benefit structures.

Under Maryland law, employers must provide one hour of paid sick leave per 30 hours worked. Employers may satisfy this requirement through front-loading (providing all accrued time upfront at the start of a year), using a PTO bank that meets or exceeds the accrual requirement, or other equivalent methods that yield at least the statutory minimum. The law does not cap the amount of paid sick leave employees can accumulate unless the employer front-loads at least 40 hours annually.

Employees can use paid sick leave for: (1) an employee's mental or physical illness, injury, or health condition; (2) preventive medical care; (3) diagnosis, care, or treatment of an employee's family member's mental or physical illness, injury, or health condition; and (4) purposes related to being a victim of domestic violence, sexual assault, or stalking, including seeking medical attention, obtaining counseling, taking legal action, or relocating.

Unlike federal law, Maryland does not require employers to pay out accrued but unused paid sick leave upon separation unless the employer's own policy or a collective bargaining agreement requires it. Employers with fewer than 15 employees are entirely exempt. Employers must provide notice of paid sick leave rights in writing to each employee at hire. Employers may require employees to provide notice of the need for paid sick leave as required by the employer's normal call-in procedures, provided the notice requirement is not stricter than rules for other types of leave.

Employees of private employers with fewer than 15 employees are not covered by Maryland's paid sick leave statute and have no state-law entitlement to paid sick leave. Public employees are governed by separate state provisions and existing benefit structures, not § 5-703.

Employers may impose reasonable notice requirements for the use of paid sick leave, consistent with notice procedures for other types of leave. An employer may require an employee to provide a medical certification or other documentation of the reason for absence only if the employee is absent for more than three consecutive days or if the employer consistently requires such certification for all medical absences.

Employers are not required to pay out accrued but unused paid sick leave upon termination, resignation, or other separation unless the employer's written policy or a collective bargaining agreement provides otherwise. However, if an employer offers a paid time off (PTO) bank that meets the statutory minimum accrual, payout rules for the PTO bank may apply.

The paid sick leave law does not apply to employees covered by a valid collective bargaining agreement (union employees) if the agreement expressly addresses paid sick leave and provides benefits no less favorable than the statutory requirement. Employers may not require employees to use other types of leave before or as a substitute for paid sick leave, nor may they retaliate against employees for requesting or using paid sick leave in accordance with the law.

Step 1: Document Your Situation

Keep detailed records of: (1) dates you requested paid sick leave, (2) reason for the absence, (3) how the employer responded (approval, denial, or reduction of hours), (4) any written communications from your employer about sick leave policies, (5) copies of your pay stubs showing hours worked and sick leave credited or used, and (6) any emails or messages from managers or HR. Save both paper and electronic records in a safe location outside the workplace (personal email, cloud storage, or printed copies at home).

Step 2: Follow Internal Complaint Process

Review your employee handbook for any internal grievance procedure and follow it precisely, even if it seems unlikely to help. Provide written notice to your HR department or manager explaining: (1) you were denied paid sick leave, (2) the specific dates involved, (3) the reason for the absence, and (4) which provision of your company's policy or state law you believe was violated. Request a written response and keep a copy. This creates a record and sometimes prompts resolution without further action. If the employer has no formal grievance process, send a written email to HR documenting the violation and requesting correction.

Step 3: File with the State Agency

File a wage and hour complaint with the Maryland Department of Labor, Licensing and Regulation (DLLR), Office of the Commissioner of Labor. You may file online at marylandwageadhustmentboard.com, by mail at 500 N. Calvert Street, Baltimore, MD 21202, by phone at (410) 767-2357, or in person at their Baltimore office. The deadline for filing is generally three years from the date of the violation under Maryland law. When filing, include: (1) your name, address, and phone number, (2) your employer's name, address, and phone number, (3) a detailed description of the paid sick leave denial or misuse, (4) dates of each incident, (5) copies of relevant documents (pay stubs, emails, handbook), (6) the amount of paid sick leave you were denied, and (7) any evidence showing the employer has 15+ employees.

Step 4: Investigation and Response

Once filed, the DLLR will contact the employer and request a response. The investigation typically takes 30–90 days, though complex cases may take longer. You may be asked to provide additional information or participate in a phone interview. The employer will submit its own documents and explanation. You have the right to respond to the employer's submission. The DLLR will issue a written determination finding either that a violation occurred or that no violation was found. If a violation is found, the employer will be ordered to pay back wages (unpaid sick leave value) plus applicable penalties. No monetary damages are available under state law, only back pay.

Step 5: When to Consult an Attorney

Consult an employment attorney if: (1) the amount owed exceeds $2,000, (2) the employer retaliates against you for filing a complaint (disciplinary action, reduced hours, or termination), (3) the employer's response indicates they knowingly violated the law, or (4) the DLLR dismisses your complaint and you wish to pursue private litigation. Many employment attorneys in Maryland offer free initial consultations. You do not need an attorney to file a complaint with the DLLR, but an attorney can help if you believe the determination is incorrect or if retaliation occurs. Do not sign any settlement agreement without having an attorney review it.