Prince George’s County’s Newly Enacted Safe Leave Law Is Likely Preempted

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In December 2017, Prince George’s County passed a law requiring employers to provide paid domestic violence leave to employees, effective May 24, 2018. The Earned Sick and Safe (ESS) Leave Act, (the title is confusing because it does not actually provide for sick leave), however, has now likely been preempted by the subsequent enactment of the Maryland Healthy Working Families Act.

The state law expressly preempts any local law that was passed after January 1, 2017. Because the Prince George’s County law did not meet that deadline, it is likely preempted. In any case, the state law provides for greater leave rights than the county law did.