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<section article="gle" article_name="Labor and Employment" number="3-1305" title_number="3" title_name="Employment Standards and Conditions" subtitle_number="13" subtitle_name="Healthy Working Families Act">
  <level label="a">
    <text>An employer shall allow an employee to use earned sick and safe leave:</text>
    <level label="1">
      <text>to care for or treat the employee’s mental or physical illness, injury, or condition;</text>
    </level>
    <level label="2">
      <text>to obtain preventive medical care for the employee or employee’s family member;</text>
    </level>
    <level label="3">
      <text>to care for a family member with a mental or physical illness, injury, or condition;</text>
    </level>
    <level label="4">
      <text>for maternity or paternity leave; or</text>
    </level>
    <level label="5">
      <text>if:</text>
      <level label="i">
        <text>the absence from work is necessary due to domestic violence, sexual assault, or stalking committed against the employee or the employee’s family member; and</text>
      </level>
      <level label="ii">
        <text>the leave is being used:</text>
        <level label="1">
          <text>by the employee to obtain for the employee or the employee’s family member:</text>
        </level>
        <level label="A">
          <text>medical or mental health attention that is related to the domestic violence, sexual assault, or stalking;</text>
        </level>
        <level label="B">
          <text>services from a victim services organization related to the domestic violence, sexual assault, or stalking; or</text>
        </level>
        <level label="C">
          <text>legal services or proceedings related to or resulting from the domestic violence, sexual assault, or stalking; or</text>
        </level>
        <level label="2">
          <text>during the time that the employee has temporarily relocated due to the domestic violence, sexual assault, or stalking.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>If the need to use earned sick and safe leave is foreseeable, an employer may require an employee to provide reasonable advance notice of not more than 7 days before the date the earned sick and safe leave would begin.</text>
    </level>
    <level label="2">
      <text>If the need to use earned sick and safe leave is not foreseeable, an employee shall:</text>
      <level label="i">
        <text>provide notice to an employer as soon as practicable; and</text>
      </level>
      <level label="ii">
        <text>generally comply with the employer’s notice or procedural requirements for requesting or reporting other leave, if those requirements do not interfere with the employee’s ability to use earned sick and safe leave.</text>
      </level>
    </level>
    <level label="3">
      <text>An employer may deny a request to take earned sick and safe leave if:</text>
      <level label="i">
        <level label="1">
          <text>an employee fails to provide the notice required under paragraph (1) or (2) of this subsection; and</text>
        </level>
        <level label="2">
          <text>the employee’s absence will cause a disruption to the employer; or</text>
        </level>
      </level>
      <level label="ii">
        <level label="1">
          <text>the employer is a private employer licensed under Title 7 or Title 10 of the Health – General Article to provide services to developmentally disabled or mentally ill individuals;</text>
        </level>
        <level label="2">
          <text>the need to use earned sick and safe leave is foreseeable;</text>
        </level>
        <level label="3">
          <text>after exercising reasonable efforts, the employer is unable to provide a suitable replacement employee; and</text>
        </level>
        <level label="4">
          <text>the employee’s absence will cause a disruption of service to at least one individual with a developmental disability or mental illness.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="c">
    <text>An employer may not require that an employee who is requesting earned sick and safe leave search for or find an individual to work in the employee’s stead during the time the employee is taking the leave.</text>
  </level>
  <level label="d">
    <level label="1">
      <level label="i">
        <text>Instead of taking earned sick and safe leave under this section, by mutual consent of the employer and employee, an employee may work additional hours or trade shifts with another employee during a pay period, or the following pay period, to make up work hours that the employee took off for which the employee could have taken earned sick and safe leave.</text>
      </level>
      <level label="ii">
        <text>An employee is not required to offer or to accept an offer of additional work hours or a trade in shifts.</text>
      </level>
      <level label="iii">
        <text>If an employee works additional hours or trades shifts under  subparagraph (i) of this paragraph, the employer may not deduct the absence from the employee’s accrued earned sick and safe leave.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>This paragraph applies only to an employee employed in the restaurant industry who is compensated as a tipped employee under § 3–419 of this title and who would be entitled to paid leave under § 3–1304 of this subtitle if the employee:</text>
        <level label="1">
          <text>needs to take earned sick and safe leave;</text>
        </level>
        <level label="2">
          <text>prefers and is able to work additional hours or trade shifts with another employee in the same pay period or the following pay period; and</text>
        </level>
        <level label="3">
          <text>requires the employer to arrange coverage of the shift.</text>
        </level>
      </level>
      <level label="ii">
        <text>If the employer is contacted to arrange the coverage of a shift under subparagraph (i) of this paragraph, the employer shall have the discretion to offer the employee a choice of:</text>
        <level label="1">
          <text>being paid the minimum wage required under § 3–413 of this title for the employee’s absence; or</text>
        </level>
        <level label="2">
          <text>working an equivalent shift of the same number of hours in the same pay period or the following pay period.</text>
        </level>
      </level>
      <level label="iii">
        <text>An employer that does not offer the tipped employee the choice under subparagraph (ii) of this paragraph shall pay to the employee the minimum wage required under § 3–413 of this title for the use of the earned sick and safe leave.</text>
      </level>
      <level label="iv">
        <text>An employer may deduct an absence taken under this paragraph from the employee’s accrued earned sick and safe leave.</text>
      </level>
    </level>
    <level label="3">
      <text>An employer is not required to consent to an employee’s request to work additional hours or trade shifts if the additional hours or trade in shifts would result in the employer being required to pay overtime to the employee.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, an employee may take earned sick and safe leave in the smallest increment that the employer’s payroll system uses to account for absences or use of the employee’s work time.</text>
    </level>
    <level label="2">
      <text>An  employer may require an employee to take earned sick and safe leave in an increment not exceeding 4 hours.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>When wages are paid to an employee, the employer shall provide in writing by any reasonable method a statement regarding the amount of earned sick and safe leave that is available for use by the employee.</text>
    </level>
    <level label="2">
      <text>An employer may satisfy the requirement under paragraph (1) of this subsection by providing an online system through which an employee may ascertain the balance of the employee’s available earned sick and safe leave.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>An employer may require an employee who uses earned sick and safe leave to provide verification that the leave was used appropriately under subsection (a) of this section if:</text>
      <level label="i">
        <text>the leave was used for more than two consecutive scheduled shifts; or</text>
      </level>
      <level label="ii">
        <level label="1">
          <text>the employee used the leave during the period between the first 107 and 120 calendar days, both inclusive, that the employee was employed by the employer; and</text>
        </level>
        <level label="2">
          <text>the employee agreed to provide verification under terms mutually agreed to by the employer and the employee at the time the employee was hired by the employer.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>If an employee fails or refuses to provide verification as required by an employer under paragraph (1) of this subsection, the employer may deny a subsequent request to take earned sick and safe leave for the same reason.</text>
    </level>
  </level>
</section>
