Maryland Labor Laws

Maryland Labor Law Breaks

Only employees in the retail sector receive 15 minutes for shifts lasting 4 to 6 hours, 30 minutes for those lasting 6 to 8 hours, and 30 minutes plus an extra 15 minutes for every additional 4 hours of labor.

Minor Breaks: 30 minutes for workers under the age of 18 after 5 straight hours of work.

Maryland Leave Laws

The state of Maryland does not have its own laws for personal leave purposes. Instead, Maryland uses federal laws for medical and family leave. The Family and Medical Leave Act allow employees to take a leave of absence for such purposes without the consequence of losing their employment. The Family and Medical Leave Act allow employees to take maternity leave, care for elderly parents, submit to hospitalization, care for ill children, or for any other reason due to a medical or psychological purpose.

All leave is unpaid and lasts no longer than twelve weeks. These twelve weeks are required to be taken consecutively and may not be divided among several seasons. Each year employees are permitted to have twelve weeks of personal leave for medical purposes.

Maternity leave allows new mothers the opportunity to care for their newborns and adoptive parents to bond with their new children. Individuals may request to return to work earlier than twelve weeks, however, an employer does not have to grant this request. Paternity leave is also provided in most cases. It is illegal for an employer to terminate an employee due to an expectant state or because of a necessity for leave. If a company or business is downsizing, a pregnant employee or an employee on leave is not exempt from termination for this purpose.

When an employee on leave returns to work he or she is guaranteed his or her job or a job of the same salary with the same benefits. An employer may hire a temporary employee to cover the vacant position but is then required to terminate that individual when the former employee returns from leave. Employers may also divide the work among several employees until the employee returns.

Minimum Wage

The federal minimum wage was raised to seven dollars and twenty-five cents in 2009. Since then all states were required to raise their minimum wages to meet this minimum requirement or above. Maryland raised its minimum wage to match the federal standard. Under federal law employers are required to pay all employees this minimum and no less, however, they may choose to pay more.

An employee who is tipped every shift is allowed to be paid only three dollars and sixty-three cents an hour. This lower wage is legal as tips make up for the lowered rate. When employees are tipped in mass, the tips are to be divided evenly at the end of each shift. When an employee is tipped, he or she has the right to keep all of his or her tips and is under no requirement to share them with a salary-paid manager.

Sick Pay

The state of Maryland does not have a law mandating sick pay. As there is no law in regard to sick pay, employers are not required to provide sick pay. However, employers may choose to provide sick pay for employees. When sick pay is guaranteed in a written contract an employee is legally bound to pay individuals who take sick days. Sick pay is also not required to be paid if an employee is terminated.

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