(a) Findings.
(1) Many persons employed in the County do not receive earned sick and safe leave.
(2) The absence of earned sick and safe leave often results in the unnecessary spread of disease in the County when:
(A) an employee without earned sick and safe leave is forced to work while ill; or
(B) a parent without earned sick and safe leave is forced to send a sick child to day care or school.
(3) Minimum standards for earned sick and safe leave in the County are necessary to:
(A) promote the health and welfare of County residents;
(B) safeguard employers and employees against unfair competition;
(C) increase the stability of industry in the County; and
(D) decrease the need for the County to spend public money for the relief of employees who also live in the County.
(b) Definitions. As used in this Article:
Abuse has the meaning defined in Section 4-501 of the Family Law Article of the Maryland Code, as amended.
Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee.
Domestic violence means abuse against a person eligible for relief.
Earned sick and safe leave means paid leave away from work that is provided by an employer under §27-77 and can be used for the purposes described in §27-79. Earned sick and safe leave includes paid time off that can be used by the employee for any purpose.
Employ means to engage a person to work for compensation.
Employee means any person permitted or instructed to work or be present by an employer in the County, including a domestic worker as defined in Section 11-4B(b). Employee does not include:
(1) an individual who:
(A) does not have a regular work schedule with the employer;
(B) contacts the employer for work assignments and is scheduled to work the assignments within 48 hours after contacting the employer;
(C) has no obligation to work for the employer if the individual does not contact the employer for work assignments; and
(D) is not employed by a temporary placement agency;
(2) an individual who regularly works 8 hours or less each week; or
(3) an individual who is an independent contractor.
Employer means any person, individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity operating and doing business in the County that employs 1 or more persons in the County in addition to the owners. Employer includes the County government, but does not include the United States, any State, or any other local government.
Family member means:
(1) a biological child, adopted child, foster child, or stepchild of the employee;
(2) a child for whom the employee has legal or physical custody or guardianship;
(3) a child for whom the employee is the primary caregiver;
(4) a biological parent, adoptive parent, foster parent, or stepparent of the employee or the employee’s spouse;
(5) the legal guardian of the employee;
(6) an individual who served as the primary caregiver of the employee when the employee was a minor;
(7) the spouse of the employee;
(8) a grandparent of the employee;
(9) the spouse of a grandparent of the employee;
(10) a grandchild of the employee;
(11) a biological, adopted, or foster sibling of the employee; or
(12) the spouse of a biological, adopted, or foster sibling of the employee.
Health care provider means an individual licensed under State law to provide medical services.
Person eligible for relief has the meaning stated in Section 4-501 of the Family Law Article of the Maryland Code, as amended.
Sexual assault means:
(1) rape, sexual offense, or any other act that is a sexual crime under Title 3, Subtitle 3 of the Criminal Law Article of the Maryland Code, as amended;
(2) child sexual abuse under Section 3-602 of the Criminal Law Article of the Maryland Code, as amended; or
(3) sexual abuse of a vulnerable adult under Section 3-604 of the Criminal Law Article of the Maryland Code, as amended.
Stalking has the meaning stated in Section 3-802 of the Criminal Law Article of the Maryland Code, as amended.
Tipped employee means an employee who:
(1) is engaged in an occupation in which the employee customarily and regularly receives more than $30 each month in tips;
(2) has been informed by the employer about the provisions of this Section; and
(3) has kept all of the tips that the employee received. (2015 L.M.C., ch. 29, § 1.)