The Flexible Leave Act, which was passed by the General Assembly and signed into law by Governor Martin O’Malley on May 22, will take effect October 1. The new law requires employers with 15 or more employees that provide paid leave to allow the employee to use any type of accrued paid leave to care for the illness of an immediate family member (child, spouse, or parent). The law only applies to employers that provide paid leave to employees.

The Maryland Chamber opposed the Flexible Leave Act and urged the Governor to veto the bill. However, now that the bill is law, employers should review their employment paid leave policies, and update accordingly.

Delegate Ronald George (R-Dist. 30) contacted the Office of the Attorney General to get clarification regarding the application of the law. In a letter dated May 28, Assistant Attorney General Kathryn Rowe stated that the law “applies to any leave taken after the effective date of the bill, regardless of when the leave accrued.”

Simply put, this means that an employee may use any earned leave as soon as the law takes effect on October 1. The law is not retroactive, and does not apply to any leave taken prior to the effective date of the bill.

In addition, according to the Attorney General’s Office letter, the law does not prevent employers from requiring employees to comply with the terms of collective bargaining agreements or employment policies, provided they do not conflict with the Act. However, it does prohibit employers from denying leave to a worker with an ill family member.

View a copy of the letter here (pdf). For more information, contact Allyson Black at ablack@mdchamber.org.