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 1½ 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.

Meals and Breaks

Maryland employers must provide employees under the age of 18 with a 30 minute break for every 5 consecutive hours of work. MD Stat., Labor and Employment Article, § 3–210.

The Healthy Retail Employee Act requires certain employers in the retail industry to provide employees with breaks. The length of the break depends on the duration of the employee’s shift. The length of break requirements are as follows:

The Healthy Retail Employee Act does not specifically require that employees be paid for the breaks, however, the Maryland Division of Labor & Industry counsels that the FLSA generally requires employers to pay employees for breaks lasting less than 20 minutes. MD Div. of Labor & Industry FAQ.

Other than employers covered by the Healthy Retail Employee Act, 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. FLSA.

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 employers to provide employees with either paid or unpaid holiday leave. Maryland Div. of Labor & Industry FAQ. In Maryland, an employer can require an employee to work holidays. An 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.

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

Severance Pay

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.