By AJ Esral
Introduction
Employers in Maryland and Washington, D.C. face complex legal challenges when it comes to managing employee leave.
One of the most common—and confusing—topics is paid time off (PTO).
How much should you offer?
What are you legally required to provide?
Can you impose restrictions like blackout dates or notice requirements?
Employers have a lot of questions.
Understanding What “PTO” Really Means
Here’s the key issue: what many employers call “PTO” is actually three separate categories of leave, each governed by different rules:
- Required paid sick and safe leave (Maryland-specific)
- Job-protected unpaid leave (federal and state laws)
- Optional PTO provided by the employer
Understanding the differences is essential to staying compliant—and avoiding costly mistakes.
Sick and Safe Leave (SSL)
The only paid leave Maryland employers are legally required to provide is sick leave.
Yes—only sick leave is mandatory.
Under the Maryland Sick and Safe Leave Act:
- Employers with 15+ employees must provide up to 40 hours of paid leave per year
- Employers with fewer than 15 employees must provide the same amount unpaid
- Employees must work at least 12 hours per week to qualify
Any paid leave beyond this is completely optional.
Sick and Safe Leave (SSL)
The only paid leave Maryland employers are legally required to provide is sick leave.
Yes—only sick leave is mandatory.
Under the Maryland Sick and Safe Leave Act:
- Employers with 15+ employees must provide up to 40 hours of paid leave per year
- Employers with fewer than 15 employees must provide the same amount unpaid
- Employees must work at least 12 hours per week to qualify
Any paid leave beyond this is completely optional.
Key Rules for Sick Leave
Because this leave is legally required, it comes with strict rules:
Use restrictions
- Sick leave is for illness or specific protected situations (like domestic violence)
- It does NOT have to be usable for vacation
Accrual vs. frontloading
- Employers may provide all 40 hours upfront
- Or allow accrual at 1 hour per 30 hours worked
Probation period
- Employees may be required to wait 106 days before using leave
- But they must begin accruing it immediately
No strict restrictions
- No blackout dates
- No rigid notice requirements (only “reasonable notice”)
Job-Protected Unpaid Leave
Beyond sick leave, employers may also be required to provide unpaid, job-protected leave.
The Two Main Laws
1. Family and Medical Leave Act (FMLA)
- Applies to employers with 50+ employees
- Provides up to 12 weeks of unpaid leave
- Covers serious health conditions, childbirth, adoption, etc.
2. Maryland Parental Leave Act (MPLA)
- Applies to employers with 15–49 employees
- Covers leave for childbirth, adoption, or foster placement
Employers may require employees to use PTO concurrently—but must still protect their job.
Important Caveats
Job protection is not absolute.
- If the employee would have been terminated anyway (e.g., layoffs or misconduct), leave does not prevent termination
- Certain “key employees” may have limited protections under FMLA
⚠️ However, caution is critical:
Employees often view FMLA as highly protected, and missteps can quickly lead to complaints or lawsuits.
Additional Leave Categories
Employers should also be aware of:
- ADA Leave (reasonable accommodations, often unpaid)
- Military Leave (USERRA)
- Jury Duty Leave (cannot require PTO use)
Additional PTO (What You Control)
Once you meet legal requirements, everything else is up to you.
Additional PTO is entirely voluntary—and that gives you flexibility.
You decide:
- How much PTO employees receive
- Accrual rates and caps
- Blackout dates
- Notice requirements
- Carryover policies
- Whether unused PTO is paid out upon termination
Common Practices
Many companies:
- Offer PTO based on seniority
- Require a 90-day waiting period
- Require advance notice (e.g., two weeks)
But these are business decisions—not legal requirements.
The Bottom Line
Here’s what many employers miss:
👉 Anything beyond sick and safe leave is optional.
That means:
- You have flexibility
- But you also need clarity
Well-drafted, clearly communicated policies are essential to avoid confusion and legal risk.
Final Thoughts
Managing PTO isn’t just about offering benefits—it’s about understanding your obligations and controlling your risk.
A clear, strategic approach ensures compliance while giving your business the flexibility it needs.
How Luchansky Law Can Help
If you need help designing, reviewing, or updating your PTO policy, Luchansky Law can help ensure your approach is both compliant and effective.
