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New Montgomery County Paid Leave Requirements

Starting October 1, 2016, new paid sick leave requirements are going into effect in Montgomery County. All Montgomery County employers doing business in the county are covered by the law. Employers need to ensure they are in compliance with the new law by providing certain employees with earned sick and safe leave.

Covered employees must accrue and be provided paid leave, and not just unpaid leave. Independent contractors and those who work 8 hours or less each week do not have to be provided paid leave.

Amount of Paid Sick and Safe Leave Required:

It is critical that every employer properly calculates the earned sick and safe leave. Earned leave must be earned at a rate of at least one (1) hour for every thirty (30) hours the employee works in the County. However, the law caps the amount of leave an employer is required to provide differently based on the size of the employer. For employers with fewer than five (5) employees, they are required to provide up to thirty‐two (32) hours of paid leave and twenty‐four (24) hours of unpaid leave per year. For larger employers with at least five (5) employees, up to fifty‐six (56) hours of paid leave per year must be provided. Regardless of the size of the business, no Montgomery County employer is required to provide more than 80 hours of leave per year.

Use and Notice of Leave:

The new law is fairly liberal in the permitted uses of leave. Most employee or family illnesses are covered circumstances for leave. Certain domestic violence, sexual assault, and stalking circumstances are also permitted leave. Employers will also be required to notify its employees of their entitlement to earned sick and safe leave.

Thatcher Law Firm regularly advises employers on local and federal employment regulations. Please contact Thatcher Law Firm for assistance with all of your compliance needs.

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