New legislation recently enacted in Maryland allows employees to use leave with pay for illness of the employees' immediate family members. The legislation, known as the Flexible Leave Act, takes effect October 1, 2008.

The Act applies to employers with 15 or more employees who provide leave with pay under the terms of a collective bargaining agreement or employment policy. Such employers must permit their employees to use any type of leave with pay, including sick leave and vacation time, for the illness of the employees' children, spouses, and parents. Employees have the option to elect the type and amount of leave to use, but may only use leave with pay that they have earned. In addition, employers are prohibited from taking adverse action against employees who exercise their rights under the Act or who complain about or file claims based on violations of the Act.

The Act does not limit the types of illnesses for which employees may use their leave or require any verification of illness. In addition, other than limiting leave to that which the employee has earned, the Act does not cap the amount of paid leave that an employee may use. Employers are permitted, however, to enforce leave policies that provide leave benefits equal to or greater than those provided by the Act. Thus, employers may enforce call-in policies or require employees to provide evidence of a family member's illness if they require such documentation for the employee's own illness.

Employers should begin to examine their leave policies to ensure compliance with the Act. Employers also may wish to assess the potential impact of the Act on their operations and to put in place appropriate policies to lessen such impact.

If you wish to discuss any of the issues raised by the Flexible Leave Act or would like assistance reviewing and revising your policies, please contact Gallagher Employment Law lawyer Kathy Hoskins at 410 347 1360 khoskins@gejlaw.com or Anne Fox at 410 951 1418 afox@gejlaw.com.
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This Legislative Update has been prepared for general informational purposes only and is not intended to offer legal advice or counseling. You should not act upon information contained in this Legislation Update without the advice and counseling of a lawyer familiar with your particular factual situation.