Can a Maryland employer require a doctor's note? Generally yes, but with a limit for sick leave. Under Maryland's Healthy Working Families Act, an employer may require verification of earned sick and safe leave only when it is used for more than two consecutive scheduled shifts. For other absences set by company policy, no Maryland law bars a reasonable note requirement.
Maryland's Healthy Working Families Act requires employers with 15 or more employees to provide paid earned sick and safe leave, and smaller employers to provide it unpaid. Employees accrue one hour for every 30 hours worked, up to 40 hours per year. Employers may require verification only when leave is used for more than two consecutive scheduled shifts. Montgomery County has its own, more generous ordinance. A clear, verifiable physician's note remains useful for documenting an absence.
How sick leave works in Maryland
Maryland’s Healthy Working Families Act requires most employers to provide earned sick and safe leave. Employers with 15 or more employees must provide it as paid leave; employers with 14 or fewer must provide it as unpaid leave. Employees accrue at least one hour of leave for every 30 hours worked, up to 40 hours in a year, and can use it for their own or a family member’s illness, preventive care, and certain safety-related needs.
When a doctor’s note can be required
Under the Healthy Working Families Act, an employer may require verification that earned sick and safe leave was used appropriately only when the leave is used for more than two consecutive scheduled shifts. For a single sick day, employers generally may not demand documentation under the sick-leave law. For absences outside the law that are governed by company policy, Maryland has no rule against requesting a note either, so it’s the employer’s own policy that decides. In both cases, what’s typically expected is a note from a licensed physician that states the dates without naming the diagnosis.
Local ordinances
Montgomery County’s Earned Sick and Safe Leave law predates the state act and is broader in some respects, applying to employers of all sizes. Where the county and state laws both apply, employers must follow the more generous requirement. The state act preempts local sick-leave laws enacted on or after January 1, 2017, so Montgomery County’s earlier law remains in effect.
Maryland and Montgomery County rules do change, and none of this is legal advice. Check anything time-sensitive with the relevant agency first.
Local ordinances in Maryland
- Montgomery County: Montgomery County's Earned Sick and Safe Leave law predates the state act and applies more broadly, covering employers of all sizes; employers follow the more generous of the county or state requirements.
Sources
Frequently asked questions
Does Maryland require paid sick leave?
Can my employer ask for a note for one sick day in Maryland?
Does Maryland's law cover the whole state?
This is general information about Maryland rules, not legal advice. Laws change; verify current requirements with the linked primary sources or an employment attorney.