On March 9, 2018, the Maryland Department of Labor, Licensing and Regulation (DLLR) released a revised series of frequently asked questions (FAQs). The FAQ document identifies which responses have been revised and added with the notations "REVISED" and "NEW," respectively.
Included in the new guidance is a clarification of the construction exemption. Employees in the construction industry are exempt from the earned safe and sick leave law if they're covered by a collective bargaining agreement (CBA) that was entered into before June 1, 2017. The exemption will remain in place for the duration of the contract, excluding any extensions. If the CBA was entered into on or after June 1, 2017, the employees may be subject to the earned safe and sick leave law, depending on the specific terms of the CBA.
The DLLR also clarifies that an employer may use different accrual methods for different types of employees. For example, an employer could front-load leave time for full-time employees while requiring part-time employees to earn leave time on an accrued basis.
Paid safe and sick leave may be credited toward the fringe benefit requirement on a Maryland Prevailing Wage project. However, the DLLR doesn't address whether the paid leave could be credited toward the fringe benefit requirement under the Davis Bacon Act, deferring to the DOL who administers the federal law.
Finally, the DLLR also provides a revised poster and sample model policies for an employer to adopt and communicate to employees. There are three different samples: one for employers that front-load the leave time at the beginning of the year, one for those that award leave time on an accrued basis throughout the year and a third policy specifically for restaurant employees with tipped employees. The policies require some customization regarding whether the leave is paid or unpaid, and employee notice procedures.
Healthy Working Families Act, Revised FAQs »
Healthy Working Families Act, Revised Poster »
Healthy Working Families Act, Sample Policies »