Maryland Leave Laws




Vacation Leave

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 Stat., Labor and Employment Article, 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 Stat., Labor and Employment Article, 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 Stat., Labor and Employment Article, 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 Stat., Labor and Employment Article, 3-505(b)



Sick Leave

Maryland law does not require employers to provide employees with sick leave benefits, either paid or unpaid. If an employer chooses to provide paid sick leave, it is only required to pay accrued sick leave to an employee upon separation from employment if the employer’s policy provides for the payout. The Maryland Guide to Wage Payment and Employment Standards. An employer in Maryland may be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.



Holiday Leave

Maryland law does not require private employers to provide employees with either paid or unpaid holiday leave. Maryland Div. of Labor & Industry FAQ In Maryland, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ 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. Maryland Div. of Labor & Industry FAQ.

State holidays

Visit our Maryland State Holidays page for a list of holidays recognized and observed by the state of Maryland as well as information regarding state laws governing holiday leave for public employers and employees.



Jury Duty Leave

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



Voting Leave

Maryland law requires employers to permit employees to take two (2) hours of paid leave to vote, so long as the employee does not have two (2) hours of continuous off-duty time while the polls are open. Employees may be required to show their employer proof that they voted. MD Stat., Election Article, 10-315



Bereavement Leave

Maryland law does not require employers to provide employees bereavement leave or leave to attend funerals. Bereavement leave is leave that is taken by an employee due to the death of another individual, usually a close relative. Employers may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice they maintain.