Great news! MSATP has launched our Facebook Live stream and the first installment is a must-see!
Our inaugural video featured consummate professional and former MSTAP President and CPR Committee Chair, Phyllis Burlage. Phyllis drew on her years of industry experience and thorough research to provide an insightful analysis of the newly-implemented Maryland Healthy Working Families Act. Here’s a quick and handy recap of 5 takeaways from Phyllis’ breakdown of the new legislation:
1. DOES THE ACT APPLY TO ME?
The Maryland Healthy Working Families Act applies to all employers regardless of number of employees, size or industry. This means employers must start maintaining Sick and Safe Leave accrual records as of the effective date of the bill and retain them for 3 years.
2. WHAT DOES THE ACT REQUIRE?
Every employer must have a policy that explains how the Sick and Safe Leave may be awarded and used. Employers have two options:
- Award all 40 hours at the beginning of the year; OR
- Employees may accrue 1 hour of leave for every 30 hours worked. Employees can only earn a maximum of 40 hours of leave per year, but any unused hours can be carried over to the next year. Employees may only accrue 64 leave hours at a given time.
The employer is required to provide each employee with a statement of used and available paid and unpaid leave with each pay period. The DLLR has provided Model Policies to help employers develop their own plan, check them out HERE.
3. WHICH EMPLOYEES DO I COUNT?
Employers whose main work location is in Maryland are required to cover employees whose primary work location is in Maryland, even if they are not state residents. If an employer has more than 14 employees, the leave must be paid. If an employer has less than 15 employees, the leave must be unpaid. The total number of employees is based on the previous year’s monthly average and encompasses all Full, Part-time, Temporary and Seasonal workers.
4. ARE THERE ANY EXEMPTIONS?
Although ALL employees count towards the monthly average, the following are exempt from coverage:
- Employees who regularly work less than 12 hours per week;
- Certain independent contractors;
- Certain associate real estate brokers and salespersons;
- Individuals younger than 18 before the beginning of the year;
- Agricultural sector employees in certain agricultural operations as defined in §5-403 of the Courts and Judicial Proceedings Article of the Maryland Annotated Code;
- Certain construction workers covered by a collective bargaining agreement;
- Certain employees working on an as-needed basis in a health or human service industry; and,
- Certain employees of a temporary services agency.
5. WHAT CAN EMPLOYEES USE THEIR LEAVE FOR?
Permissible uses for the leave include:
- 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;
- For maternity or paternity leave; or
- For an absence due to domestic violence, sexual assault, or stalking committed against the employee or the employee’s family member under certain circumstances.
Be sure to stay tuned for this week’s MSATP Facebook Live stream on Thursday, April 5th at 9 AM as we discuss HSA Legislation and the future of the program! Not a member of our private MSATP Members Facebook Group yet? Click HERE to join!