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Here’s What Small Businesses in MoCo Need to Know about the County’s New Paid Sick Leave Law

Information for small employers on Montgomery County's new paid sick leave law, which went into effect October 1

On October 1, Montgomery County’s new paid sick leave law went into effect, which allows employees who work in the county to take time off to address their health or take care of a sick family member.

Established in 2015 by the Earned Sick and Safe Leave Act, the new law provides that employees in Montgomery County will earn at least one hour of paid sick leave for every 30 hours worked, up to a capped amount.

Many small employers have questions about the new law and how it impacts their business. Below is some quick information for small employers to help them make sure they’re in compliance.

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1. Workers at businesses with five or more employees will earn one hour of paid sick leave for every 30 hours worked; this amount is capped at seven days (56 hours) per year.

2. Workers at businesses with fewer than five employees will earn leave at the same rate, but up to four days of paid sick leave and three days of unpaid sick leave.

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3. Sick time is paid at the employee’s current rate of pay. Tipped employees must be paid at least the county minimum wage for each hour of paid sick leave.

4. If an employer already has a paid leave policy or paid time off policy that meets the law’s leave time requirements, and allows that time to be used for the same purposes, the employer is not required to provide any additional leave.

5. Employers must notify their employees of their rights to paid leave, either through a posted notice or written guidance distributed to all employees.

6. Employers are only required to allow their employees to accrue leave for work they do in Montgomery County.

7. Employers may award earned sick leave as the leave accrues during the calendar year or may award the full amount that an employee would earn over the entire calendar at the beginning of the year.

For more information on the County’s new paid sick leave law, check out this resource from Small Business Majority or view the County’s fact sheet on paid sick days.

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