We have an employee who was recently terminated. He reported to our home office in Montgomery County, Maryland but worked a territory outside of the county. Montgomery County has a specific sick leave accrual policy. Regardless of his territory, we would still have to pay the terminated employee for the sick leave he accrued?

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We have an employee who was recently terminated. He reported to our home office in Montgomery County, Maryland but worked a territory outside of the county. Montgomery County has a specific sick leave accrual policy. Regardless of his territory, we would still have to pay the terminated employee for the sick leave he accrued?

Maryland has two laws you are likely concerned with:

1. Montgomery County Earned Sick and Safe Leave Law http://www.montgomerycountymd.gov/humanrights/Resources/Files/EarnedSSL_Factsheet_Nov2016.pdf

2. The Maryland Healthy Working Families Act. https://www.dllr.state.md.us/paidleave/paidleavefaqs.pdf

Does your company have a written policy guaranteeing payout? Or, if not a written policy a verbal agreement or past practice of handling matters this way? If not, you may not owe any payment for accrued sick and safe leave.

Read over the FactSheets for both laws and you will likely find your answer. But remember, if your company has a written policy or past practice then you will need to follow suit.

April 2018