Montgomery Sick Leave Law – Notice To Employees


As we discussed in our recent E-lert on the Montgomery County Earned Sick and Safe Leave law, which takes effect on October 1, 2016, employers must provide all employees with notice of their rights under the law. The Montgomery County Office of Human Rights has now issued a model notice that may be used for that purpose.

You may use the model notice, or you may develop one of your own. If you choose to create a notice, it must include the following information:

  • A statement of how ESS leave is accrued.
  • The permitted uses of ESS leave.
  • A statement that the employer must not retaliate for the exercise of rights under this law.
  • Information about the right to file a complaint with the Director of the OHR for violation of any rights under this law.

Employers must use one of the following options for communicating the notice:

  • By posting it in a conspicuous and accessible area at each work location in the County,
  • By including it in a written handbook or other writing distributed to all employees, or
  • By providing it to employees upon hire. (This option only applies to new employees. You must still provide notice to current employees, however, using one of the other two options).

In addition, the OHR has also issued a fact sheet on the new law.

If you have any employees working at least 8 hours a week in Montgomery county, you should be taking steps now to ensure compliance with this law. You may contact any Shawe Rosenthal attorney for assistance.