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Montgomery County Leave Law


On June 23, 2015, Montgomery County enacted The Earned Sick and Safe Leave Law. The law requires employers operating and doing business in Montgomery County to provide paid sick and safe leave to eligible employees. 

Under the new law, employers with 5 more employees must allow eligible employees to earn up to 56 hours of paid sick and safe leave each calendar year. The leave is to be accrued at a rate of 1 hour for every 30 hours of work that the employee performs within Montgomery County. Employers with less than 5 employees must permit employees to accrue leave at an accrual rate of at least 1 hour for every 30 hours an employee works in the county, up to 32 hours of paid and 24 hours of unpaid sick and safe leave each calendar year. 

The leave provided under the law can be used by an employee: 

to care for or treat the employee's mental or physical illness, injury, or condition; 

to obtain preventative medical care for the employee or the employee’s family member; 

to care for a family member with a mental or physical illness, injury, or condition; 

if the employer’s place of business has been closed by order of a public official due to a public health emergency; 

if the school or child care center for the employee’s family member is closed by order of a public official due to a public health emergency; 

to care for a family member if a health official or health care provider has determined that the family member’s presence in the community would jeopardize the health of others because of the family member’s exposure to a communicable disease; or 

If the absence is due to domestic violence, sexual assault or stalking committed against the employee or the employee’s family member and the leave is used to seek medical attention, services from a victim services organization or legal services or to temporarily relocate due to the domestic violence, sexual assault or stalking. 

This law does not go into effect until October 1, 2016. Employers with employees in Montgomery County should act now to ensure that their policies and practices comply with the new law.