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Maryland Employee Handbook Requirements: Two Leave Laws at Different Stages
Maryland has no sourced law requiring a written anti-harassment policy, but paid sick and safe leave is mandated under the Healthy Working Families Act, with the accrual rule splitting at 15 employees. Layered on top is FAMLI, Maryland state paid family and medical leave, enacted and phasing in, though its employee notice is not yet sourced.
Maryland is running two leave laws on two different timelines at once. Paid sick and safe leave is fully in force and split by a 15-employee line. FAMLI, the state paid family and medical leave program, is enacted but still phasing in, which means the handbook has to describe both honestly: one settled, one in motion.
Paid sick leave splits at exactly 15 employees
The Maryland Healthy Working Families Act, effective February 11, 2018, requires employers with 15 or more employees to provide paid sick and safe leave, accruing 1 hour per 30 hours worked for every employee whose primary work location is in Maryland. Employers with 14 or fewer employees must provide the same accrual, unpaid. The law also preempts local sick leave laws enacted on or after January 1, 2017, which resolves what would otherwise be a conflict for employers in jurisdictions that tried to legislate their own version after that date.
FAMLI is real, and it is not finished rolling out
Maryland FAMLI, the state paid family and medical leave program, is enacted and phasing in. That is a meaningfully different status than a fully operational program, and a handbook needs to say so rather than describing FAMLI as though every detail is settled. The employee notice requirement for FAMLI specifically is not yet sourced for this guide, which is worth confirming directly with the state before publishing final language, since printing an unconfirmed notice requirement is worse than acknowledging it is still being finalized.
Continuation coverage splits by employer size too
An insured Maryland resident covered under the current or a predecessor group contract with the same employer for at least 3 months before a change in status can continue coverage for up to 18 months under Md. Code, Insurance 15-409, with a dedicated small-employer section at 15-409.1 and a separate surviving-spouse provision at 15-407. A handbook that cites only the general continuation section misses the small-employer nuance built specifically into Maryland law.
Maryland's leave-focused statutes do not extend to at-will disclaimer wording, so the general framework in the handbook fundamentals guide remains the correct template rather than a manufactured state clause.
A federal work-rule standard layers on top of the leave rules
Maryland handbooks are also bound by the NLRB Stericycle standard: a work rule is presumptively unlawful if it has a reasonable tendency to chill an employee's Section 7 rights, and the employer must prove the rule serves a legitimate interest that no narrower rule could satisfy. A confidentiality clause inherited from an older Maryland template is a common casualty once this standard gets applied to it.
What Maryland specifically adds, with sources
Nothing here is legal advice. Handbook obligations change, so confirm before publishing a revision.
| Minimum wage | $15.00 |
|---|---|
| Overtime | Weekly over 40 |
| Paid sick leave policy | Maryland mandates paid sick leave, so the handbook must state accrual, carryover and permitted uses to match the statute rather than describing a discretionary benefit. |
| Family and medical leave | Maryland runs a state paid family and medical leave programme. The handbook needs the contribution and claim mechanics, not just an FMLA reference. |
| Harassment training | No statewide sexual-harassment-training mandate for private employers today; federal EEOC guidance still applies. [source] |
| Other state training duties | Maryland operates an OSHA-approved State Plan (MOSH) with its own documented safety-training requirements. [source] |
| Continuation coverage | Below the federal 20-employee COBRA threshold, Maryland has its own continuation law, Maryland Continuation Coverage for Terminated Employees, running up to 18 months. The handbook should name it, because employees below that threshold often assume they have no coverage rights at all. [Md. Code, Insurance section 15-409 (Continuation coverage for terminated employees); section 15-409.1 (small employers); section 15-407 (surviving spouses/dependents)] |
Policies Maryland employers commonly get wrong
- Applying the wrong sick leave rule at the 15-employee line. Paid above, unpaid below, same accrual rate either way.
- Describing FAMLI as fully settled. It is enacted and phasing in, and the handbook should say so rather than overstate certainty.
- Ignoring the local preemption date. Local sick leave ordinances enacted on or after January 1, 2017 are preempted by the state law.
- Citing only the general continuation statute. The small-employer section at 15-409.1 can change the analysis for a smaller Maryland company.
- Running sick leave accrual the same way above and below 15 employees. BEG's managed payroll applies the correct paid or unpaid accrual automatically as headcount crosses the line.
A Maryland Handbook Ready for FAMLI as It Phases In.
Certified HR professionals write the 15-employee sick leave split and track FAMLI rollout into a Maryland supplement on the Expert plan, two states included, powered by isolved.
The federal baseline, at-will framework, and five revision triggers every handbook shares sit once in the handbook fundamentals guide, not repeated on every state page. Maryland's real additions are the 15-employee sick leave split and FAMLI as it continues to phase in.
Frequently Asked Questions
Does Maryland require paid sick leave?
Yes. The Healthy Working Families Act requires employers with 15 or more employees to provide paid sick and safe leave, accruing 1 hour per 30 hours worked, while employers with 14 or fewer must provide the same accrual unpaid.
Does the Maryland sick leave law override local ordinances?
Yes, for anything enacted after a specific date. The Healthy Working Families Act preempts local sick leave laws enacted on or after January 1, 2017, which matters for multi-jurisdiction Maryland employers reconciling city and state rules.
What is FAMLI and is it active yet?
Maryland Family and Medical Leave Insurance is a state paid leave program that is enacted and phasing in. Confirm current effective dates directly with the state, since the employee notice requirement for FAMLI is not yet independently sourced for this guide.
Does Maryland require a written anti-harassment policy?
No state mandate is sourced for private employers, though the Maryland Commission on Civil Rights Employment Discrimination is Unlawful notice is a required state posting regardless.
Does Maryland have its own COBRA-style continuation law?
Yes. An insured Maryland resident covered under the group contract for at least 3 months before a change in status can continue coverage for up to 18 months under Md. Code, Insurance 15-409, with a separate section for small employers.
What must the Earned Sick and Safe Leave notice include?
A written statement of available leave given to each employee, so employees know their accrued balance rather than having to ask or estimate it themselves.
What overtime rule applies in Maryland?
Maryland calculates overtime on a weekly basis over 40 hours, matching the federal FLSA approach, with no separate state daily threshold.
Is there a Maryland-specific at-will disclaimer rule?
No Maryland-specific rule is sourced beyond general common-law at-will doctrine. Use the framework in the handbook fundamentals guide rather than an invented Maryland clause.
Is BEG a PEO?
No. There is no co-employment and no employer-of-record change. Your company stays the employer; the HR professionals support your team. Powered by isolved.
Anthony leads HR outsourcing strategy at Business Executive Group, a national HR outsourcing firm serving employers across every state. BEG HR outsourcing is powered by isolved, with certified HR professionals tracking FAMLI as it phases in across Maryland.
Sources: Maryland Department of Labor, Healthy Working Families Act; Maryland Insurance Administration, continuation coverage. General information, not legal advice.
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