No Delay in Effective Date of Sick and Safe Leave Law


On February 16, 2018, emergency legislation that would have delayed the effective date of the Maryland Healthy Working Families Act died in committee.  A majority of the members of the Economic Matters Committee of the Maryland House of Delegates gave the legislation an unfavorable report, meaning the bill will not be voted on by the full House, and the effective date of the law remains February 11, 2018. In addition, enforcement of the law has not been delayed.

As we reported on January 23, Senator “Mac” Middleton filed a bill that would have postponed enforcement of the law for 60 days, until April 12, 2018. This bill was amended by the Senate Finance Committee to postpone the effective date of the law until July 1, 2018. The Senate passed the bill on February 8, and it then headed to the House Economic Matters Committee, which would have had to give it a favorable report before it could be heard on the House floor. That did not happen.

The Secretary of the Maryland Department of Labor, Licensing and Regulation (DLLR) said, in a statement issued on February 9:

To the extent that the Commissioner of Labor and Industry receives complaints immediately after the law goes into effect, the commissioner will work closely with employers and employees to make sure both parties understand the requirements and limitations of the law and resolve any issues as informally as possible. The commissioner will be working closely with all stakeholders to ensure fair and equitable implementation.

In other words, while the DLLR will accept and process complaints, the Commissioner of Labor will not take a punitive approach if an employer is trying to comply.

Once again, we urge our clients to ensure that they have taken measures to comply with the law.  To facilitate that effort, please see our summary of the requirements of the law and our compliance checklist.  To listen to a recording of our webinar explaining the law, click here.

For further information or assistance, please contact any Shawe Rosenthal attorney.