Management's Workplace Lawyers

Montgomery County Amends Paid Sick Leave Law To Cover Parental Leave

By: Fiona W. Ong

Only one month after Montgomery County’s Earned Sick and Safe Leave Law took effect on October 1, 2016, the County Council unanimously approved an amendment to expand the permitted use of this paid leave to include (1) childbirth, adoption, or foster care placement, and (2) to care for the child within one year of birth, adoption or placement.

As we discussed in our August 19, 2016 E-lert, the Earned Sick and Safe Leave law requires employers to provide paid sick and domestic violence leave to employees in Montgomery County. This amendment adds to the permitted uses of paid leave, as follows:

  • To care for or treat the employee’s own mental or physical illness, injury, or condition.
  • To obtain preventive medical care for the employee or family member.
  • To care for a family member’s mental or physical illness, injury, or condition.
  • (NEW) For the birth of a child, or for the placement of a child with the employee for adoption or foster care.
  • (NEW) To care for a newborn, newly adopted or newly placed child within one year of birth, adoption, or placement.
  • If the employer’s place of business, or family member’s school or child care center, has closed by order of a public official due to a public health emergency.
  • If a health official or health care provider has determined that family member poses a threat to the community because of exposure to a communicable disease.
  • For absences due to domestic violence, sexual assault, or stalking during relocation or to obtain:
    • Medical attention;
    • Services from a victim services organization; or
    • Legal services

The amendment was passed as expedited legislation, meaning that it took effect immediately upon the date it was signed into law by County Executive Isiah Leggett - November 9, 2016.

The extensive and technical requirements and obligations under the Sick and Safe Leave are detailed in our prior E-lert. You may contact any Shawe Rosenthal attorney for assistance.