Written by a parent, not a doctor. Nothing here is medical advice.

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Maryland program

Paid sick days you have already earned

Earned time off to care for an ill family member. Maryland requires paid leave at employers with at least 15 employees.

What it is

Earned time off to care for an ill family member. Maryland requires paid leave at employers with at least 15 employees.

Hours already earned may cover some of the time you spend caring for your child. Maryland's statewide rule and Montgomery County's rule differ. Human resources can confirm the actual balance and which rule applies.

Eligibility rules
  • Maryland generally requires paid earned sick and safe leave at employers with 15 or more employees and unpaid earned leave at smaller employers. Coverage exclusions include workers under 18 and those regularly working fewer than 12 hours a week. Covered workers earn one hour per 30 hours worked, up to 40 earned yearly; carryover and the existing balance affect the separate 64-hour annual use limit.
  • Whether the leave is paid turns on one number: does your employer have 15 or more employees? Ask HR.
What you get
  • Up to 40 hours earned yearly under the statewide rule, with up to 64 hours of annual use.
  • Paid leave at employers with 15 or more employees; at least unpaid leave at smaller employers.
What the help covers
  • Montgomery County requires up to 56 paid hours yearly at employers with five or more employees. Below five, its rule provides 32 paid hours plus 24 unpaid hours.
If you decide to apply
  1. Ask human resources for your earned sick-and-safe-leave balance and the employer's actual headcount.
  2. Explain the care your child needs and ask how to request the hours.
  3. If you work in Montgomery County, ask payroll to check its county rule too.

The employer; the Department of Labor enforces · 410-767-2357 · Official page ↗

After you apply
  • Human resources identifies the available balance and employer procedures. Maryland Department of Labor enforces the statewide law.
Good to know

Up to 64 hours of use does not mean 64 newly earned hours. An employer may delay use during the first 106 calendar days.

Other details
  • Maryland's Flexible Leave Act is a separate rule about using employer-provided leave for family illness.
  • Maryland’s Flexible Leave Act lets you use paid leave your employer already gives (vacation, sick or personal days) to care for a sick child, at employers with 15 or more employees. It does not add new days.
Official sources
Ask your social worker

“How much earned leave could I use to care for my child, and would it be paid? Could you help compare it with other leave so I understand the limits before choosing dates?”

Why I’m asking: A few paid days could help us get through appointments without losing all of that week's income.

More background and detailed requirements
Additional program information and published rules

Who does what

The three parts, side by side. The agency decides; nobody on this page does.

You

Ask in writing for the balance and use it before anything unpaid.

Your social worker

Human resources gives the accrued balance and the employer headcount.

The care team

Records and letters when the application asks for them.

Who decides
The employer applies it; the Maryland Department of Labor enforces it.
Ask HR
“How many hours of earned sick and safe leave do I have, is it paid or unpaid at this employer's size, and can I use it to care for my child?”

How to apply

First step: Ask human resources in writing for your accrued sick and safe leave balance.

  1. Ask human resources for your accrued balance in writing.
  2. Ask whether the employer counts 15 or more staff, which decides whether it is paid.
  3. In Montgomery County, ask about the county ordinance as well as the state law.

Official application / program page ↗

Where it starts: Ask human resources for your accrued sick and safe leave balance in writing.

What to gather

  • Recent pay stubs showing any leave balance
  • The employer's staff headcount if you can get it

How long: Immediate: it is leave you have already accrued.

What a yes looks like

A balance in hours you can book against appointments and admissions.

What a no looks like, and the next move

If the employer says none is accrued, ask for the accrual record and complain to the Department of Labor.

Watch out

  • The state's own bucket of 5 to 19 staff straddles the line. Ask the employer for the actual headcount.
  • An employer may block use in your first 106 calendar days.
  • Montgomery County has its own older rule that gives more at small employers. Ask about both.

The numbers and the rules

The arcane layer, kept on purpose. Checked September 11, 2026.

What it is worth

One hour of sick and safe leave for every 30 hours worked, paid at 15 or more employees, up to 64 hours of use a year. In Montgomery County, up to 56 paid hours a year at five or more employees.

  • $15 — Employees at or above which the leave must be paid
  • $14 — Employees at or below which the leave may be unpaid
  • $40/year — Maximum hours an employer must let you earn in a year
  • $64/year — Maximum hours an employer must let you use in a year
  • $106 — Calendar days an employer may make you wait before using it
  • $56/year — Montgomery County annual paid hours at five or more employees
  • $32/year — Montgomery County annual paid hours below five employees

Legal protection: Leave can be used to care for a family member with a mental or physical illness, injury or condition · The Flexible Leave Act lets an employee use paid leave they already have for an ill immediate family member, at employers with 15 or more employees for 20 or more weeks · State and local government units are inside the employer definition

What it costs the family: None.

The eligibility facts, as published

Employer size
Paid at 15 or more employees; at least unpaid at 14 or fewer. The sorter's 5 to 19 bucket has to be split at 15, so ask the employer for the headcount.
Accrual
One hour for every 30 hours worked
Waiting
Use may be deferred for the first 106 calendar days
County
Montgomery County's own ordinance gives 56 paid hours at five or more employees, and 32 paid plus 24 unpaid below five

The trap: An employer can stop you using this leave in your first 106 calendar days with them, can cap what you earn at 40 hours a year and what you use at 64 hours a year, and can cap the bank at 64 hours.

Where I read this

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