Employment Law: The Flexible Leave Act

The "Flexible Leave Act" was signed into law by Governor Martin O’Malley on May 22, 2008 and takes effect October 1, 2008. The law requires private-sector employers with 15 or more employees, who provide their employees with paid leave, to:

(1) permit their employees to use any type of accrued paid leave (sick, vacation, personal or paid time off) to care for the illness of a child, spouse or parent; and
(2) permit their employees to elect the type of earned leave that they will use for this purpose.

The law prohibits covered employers from taking adverse employment action against an employee that uses paid leave for the illness of an immediate family member. The law does not define the term “illness” and does not include a provision which allows employers to verify the existence of the illness for which leave is being taken. As such, unless or until the statute is clarified, employers will need to interpret the term broadly or risk violating the law.