labor lawAdivision of labor law center

The Maryland Flexible Leave Act requires employers to allow employees to use “leave with pay” for an illness in the employee’s immediate family.

Under this law, “leave with pay” includes vacation, PTO, sick leave, and personal leave. It also includes compensatory time, or “comp time” for those agencies or employers that provide it. Employees can only use paid leave that has been earned. Employers are not required to grant leave that has been accrued but not earned, under this law.

The act defines immediate family as a child, spouse or parent.     .

The new Maryland law does not require that employers offer paid leave of any sort. However, when a Maryland employer does offer such leave, he  or she must permit  employees to use it when a family member is sick.

Under new FMLA or Family and Medical Leave Act regulations that go into effect on January 17, 2009 employers must permit workers to use (more…)

The U.S. Department of Labor recently announced sweeping changes to the Family and Medical Leave Act, or FMLA.

The new FMLA regulations require that employers give workers notice of their rights under FMLA.

The rule clarifies and strengthens the employer notice requirements to employees. The purpose, according to the U. S. Department of Labor, is so that employees will better understand their FMLA rights and obligations, and to provide for smoother communication.

Employers must post a new, revised FMLA poster now available from a few sources.

In addition, employers must post a Military Leave Notice (also called the Military Leave Poster) that advises military families of their expanded FMLA rights.

The new regulations further define what is a “serious health condition” under FMLA. While the 6 individual definitions are retained, the new regulations require that if an employee is taking leave involving more than 3 consecutive days plus two visits to a health care provider, the two visits be within 30 days of the work absences.

Under these regulations, an employee who was absent for 3 days in June, and visited the doctor once in June and once in October, would not qualify for FMLA leave.

The new regulations also redefine “periodic visits to a health care provider” for chronic serious health conditions, under the guidelines. Now, employees must see a doctor or other health care provider at least twice per year, for the condition to qualify.  

The FMLA applies to employers with (more…)