« Big Data and Pay | Main | The State of Play in Employee Pay »



Feed You can follow this conversation by subscribing to the comment feed for this post.

Jacque,did Maryland make this mandatory? I haven't read anything recently, but I thought based on 2008 legislation that if a company had a clearly communicated policy it did not have to pay out accrued but unused leave. I'm a little panicked that I missed something, since I'm with a Maryland employer. Have I been sharing incorrect guidance? can't find anything on the web more recent than 2008

Hi Anne --- sorry for the delay. Yes you are correct. I am having trouble finding the specific ruling on that to see when it changed. Here is the info you need:

§ 3-505. Payment on termination of employment; accrued leave

(a) In general. -- Except as provided in subsection (b) of this section, each employer shall pay an employee or the authorized representative of an employee all wages due for work that the employee performed before the termination of employment, on or before the day on which the employee would have been paid the wages if the employment had not been terminated.

(b) Payment of accrued leave. -- An employer is not required to pay accrued leave to an employee if:

(1) the employer has a written policy that limits the compensation of accrued leave to employees;

(2) the employer notified the employee of the employer's leave benefits in accordance with § 3-504(a)(1) of this subtitle; and

(3) the employee is not entitled to payment for accrued leave at termination under the terms of the employer's written policy.

HISTORY: An. Code 1957, art. 100, § 94; 1991, ch. 8, § 2; 2008, ch. 220.

The comments to this entry are closed.