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Meals and Break
Maryland employers must provide employees under the age of 18 with a 30 minute break
for every 5 consecutive hours of work. MGA §3–210 of the Labor and Employment Article.
Maryland does not require employers to provide breaks, including lunch breaks, for
workers 18 years old or older. An employer who chooses to provide a break in excess of
20 minutes does not have to pay wages for lunch periods or other breaks if the employee
is free to leave the worksite, in fact takes their lunch or break, and the employee does not
actually perform work. According to federal law, breaks 20 minutes or shorter typically must
be paid. DOL: Breaks and Meal Periods.
Vacation
In Maryland, employers are not required to provide employees with vacation benefits, either
paid or unpaid. The Maryland Guide to Wage Payment and Employment Standards. If an
employer chooses to provide such benefits, it must comply with the terms of its established
policy or employment contract.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment, so long as the
employer has informed its employees in writing leave will not be paid. Md. Code § 3-505(b).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year, so long as employees have been informed of the policy in
writing. See Md. Code § 3-505(b).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. The Maryland Guide to Wage Payment and
Employment Standards.
An employer is required to pay accrued vacation leave upon separation from employment if
the employer’s established policy or employment contract is silent on the matter. The
Maryland Guide to Wage Payment and Employment Standards.
An employer may cap the amount of vacation leave an employee may accrue over time, so
long as employees have been informed of the policy in writing. See Md. Code § 3-505(b).
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it, so long as employees have been informed of the policy in
writing. See Md. Code § 3-505(b).
Severance
Maryland law does not require employers to provide employees with severance pay.
Maryland Guide to Wage Payment and Employment Standards. If an employer chooses to
provide severance benefits, it must comply with the terms of its established policy or
employment contract.
Holidays
Maryland law does not require employers to provide employees with either paid or unpaid
holiday leave. The Maryland Guide to Wage Payment and Employment Standards. In
Maryland, an employer can require an employee to work holidays. An employer does not
have to pay an employee premium pay, such as 1 1/2 times the regular rate, for working on
holidays, unless such time worked qualifies the employee for overtime under standard
overtime laws. If an employer chooses to provide either paid or unpaid holiday leave, it
must comply with the terms of its established policy or employment contract.
An employer in the retail industry is required to grant an employee an unpaid religious day
once per week , upon written request by the employee. The Maryland Guide to Wage
Minimum Wage
Maryland's current minimum wage is $7.25. MD Div. of Labor Wage & Hour Fact Sheet.
Some exceptions apply to Maryland's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
Maryland requires employers to pay employees overtime at a rate of 1 1/2 time their regular
rate when they work 40 hours or more in a work week, unless otherwise exempt. MD Div. of
Labor Wage & Hour Fact Sheet. See FLSA: Overtime for more information regarding
overtime requirements.
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TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
Jury Duty
An employer is not required to pay an employee for responding to a jury summons or
serving on a jury.
An employer may not discharge, penalize, threaten, or otherwise coerce an employee who
receives and/or responds to a jury summons or who serves on a jury.
Maryland Stat. 8-501