Any organization that employes at least one employee in Maryland must participate. Employees of the Federal Government are not subject to the law.

Employees are eligible for FAMLI benefits once they have worked at least 680 hours during the 4 completed calendar quarters prior to the earlier of when their leave begins or when they file the claim.

 Self-employed individuals are not covered but have the option to enroll in the state program.

Medical leave

• Employee’s own serious health condition

Family leave

• Bond with a new child after birth, adoption, or foster care placement

• Care for a family member with a serious health condition

• Military exigency related to a family member’s active military duty or call to active duty

• Care for a service member

Up to 12 weeks of paid leave in an application year

An employee can receive an additional 12 weeks of paid leave if the employee has a claim for both bonding and their own serious health condition during the same application year

The portion of the Average Weekly Wage that is equal to or less than 65% of the State Average Weekly Wage is paid at a rate of 90%; and

The portion of the Average Weekly Wage that is more than 65% of the State Average Weekly Wage is paid at a rate of 50%.

The maximum benefit is $1,000

The minimum benefit is $50

There is no waiting period under Maryland FAMLI so benefit payments begin as of the start date of leave

Leave can be taken continuously, intermittently, or on a reduced schedule. Intermittent leave may not be in increments of less than 4 hours.

Maryland FAMLI is job protected leave

State Rate

.90% of wages

Contributions

The state rate can be split 50/50 between the employer and the employee. The employer may elect to pay the employee portion of the contribution rate.

Small employers with less than 15 employees are not responsible to pay their portion of the contribution rate under the state program.

At no time can the employee contribute more than 50% of the state rate.

Under Maryland FAMLI, employees may take family leave to care for a family member with a serious health condition. Covered relationships include:

• Spouse

• Child (biological, adoption, foster, or step-child)

• Parent (biological, adoption, foster, step, in-law, or in loco parentis)

• Sibling

• Grandparent

• Grandchild

Employers may opt out of the state program in favor of a private plan. Maryland FAMLI refers to private plans as an Equivalent Private Insurance Plan (EPIP).

A private plan must:

• Provide equal to or better benefits than those under the state program

• Cover all employees employed by the employer

• Guarantee employee contributions are not greater than what the employee would pay under the state program

• Include no additional requirements or conditions than the state program

Prior to the Maryland program requiring the collection of prefunding contributions, employers who intend to provide the state mandated coverage through a private plan, instead of the state program, must notify the state through a Declaration of Intent (DOI) process. The window of opportunity to submit the DOI will be open from September 1, 2026 – November 15, 2026.

 Even if an employer elects to submit this DOI, contributions must still be collected starting January 1, 2027. Employers that submitted their DOI will collect these contributions and place them into an escrow account.  Upon formal private plan application approval later in 2027, the contributions collected must be refunded back to employees.

 Upon approval of the private plan carrier contract in 2027, the state will begin accepting formal private plan applications. More information from the state will be released in the coming months regarding this secondary process.

The state assesses an application fee to apply for a private plan. This fee is assessed for each individual FEIN. The application fee for a fully insured private plan will range from $100 - $1,000 depending on employer size.

Mutual of Omaha must be provided with a copy of the confirmation of state approval ahead of implementation.

Private plan state approval is valid for 1 year.

Approved private plans must be re-applied for annually, one year after the effective date of the private plan. The application for renewal must be submitted at least 90 days in advance of the anniversary date.

Wage and Hour Reporting

Under both the state program and a private plan, employers must supply the state quarterly wage and hour reports.

 Claim Data Reporting

Details pending state guidance

A copy of notices will be made available soon!