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Montgomery County Employers Must Now Provide Paid Parental Leave

Employment & Labor Legislative Bulletin

On November 1, 2016, the Montgomery County Council unanimously passed expedited legislation to amend the recently enacted Montgomery County Earned Sick and Safe Leave Act to allow sick leave to be used for parental purposes. The amendment is effective immediately.

The amendment allows eligible employees to use accrued sick and safe leave for the following purposes: (i) “for the birth of a child, or for the placement of a child with the employee for adoption or foster care” and (ii) “to care for a newborn, newly adopted, or newly placed child within one year of birth, adoption or placement.”

The act, which went into effect on October 1, applies to all Montgomery County employers which are defined as individuals or entities operating and doing business in the county that employ one or more persons in the county in addition to the owners. The act extends coverage to eligible employees who are defined as “persons permitted or instructed to work or be present by the employer in the county.” I summarized the act in "What Employers Need to Know About Montgomery County's New Sick and Safe Leave Act."

Employers subject to the act that have not already done so, should promptly revise their existing paid time off (PTO) policy or, as the case may be, sick leave policy to address the requirements of the new legislation. Employers that have already revised their PTO or sick leave policies in light of the act, will need to update them to include the fact that accrued sick leave can now be used for parental purposes as well.

Marc Engel is an employment attorney and litigator at Lerch, Early & Brewer who regularly counsels clients on how to comply with state and federal employment statutes and wage hour laws. For more information on Montgomery County's Earned Sick and Safe Leave Act, contact Marc at (301) 657-0184 or


This content is for your information only and is not intended to constitute legal advice. Please consult your attorney before acting on any information contained here.


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