After multiple delays, Maryland's Family Medical Leave Insurance Program (FAMLI) finally appears ready implementation.
Starting in January 2028, eligible employees will be entitled to up to 12 weeks of leave for their own serious health condition, to care for a family member with a serious health condition, bonding leave, or military caregiver/exigency leave. Employees are eligible if they have worked 680 hours for any Maryland employer in the prior four calendar quarters before the leave begins and are entitled to be paid up to $1,000 per week for up to 12 weeks of leave. The FAMLI program applies to all employers with at least one Maryland employee and is funded through payroll contributions.
While January 2028 may seem like a long way off, the dates that matter for employer obligations and compliance come much sooner. Notice of payroll contributions begins before January 1, 2027, contributions are scheduled to begin on January 1, 2027, and employee notification of leave benefits begins in July 2027.
More immediately, however, all Maryland employers will need to electronically register with the FAMLI Division by the end of this year and decide whether they want to enroll in the State Plan (run by the Maryland DOL) or seek approval to participate in a commercial or self-insured plan. Any commercial or self-insured plan must offer at least the same benefits and protections as the State Plan. Information about registration, private plans, FAQ, and other details about FAMLI, including instructions for signing up for informational emails from Maryland DOL, can be found here. The registration portal is currently open here.
Accordingly, Maryland employers should begin preparing for this new program as soon as possible and review their policies and procedures to ensure that they are up to date and consistent with the requirements of the new FAMLI law.
The following is a timeline/summary of what employers need to know and do to get ready for FAMLI implementation.
- Immediately: Register with FAMLI by creating a FAMLI account here and decide whether to enroll in the State Plan or to seek approval for either a private commercial plan, such as one through their insurance provider, or, if the employer has at least 50 employees, a self-insured plan. Employers should also begin to budget for future contributions and ensure that their payroll provider is aware of the new requirements.
- November 15, 2026: Deadline for submitting a letter of intent to use a private commercial or self-insured plan.
- December 2026: Written notice of payroll contributions must be given to employees 1 payroll period before contributions begin.
- January 1, 2027: Contributions to FAMLI begin. Employers may withhold up to half of the contribution rate from employees' paychecks, add their share, and remit the total to FAMLI each quarter. Employers with fewer than 15 employees are only responsible for remitting 50% of the total rate of contribution each quarter and may withhold that amount from employee pay.
- April 2027: Employers must electronically submit Quarterly Wage and Hour Reports (QWHRs) to the FAMLI Division. Employers who participate in a private plan must also meet this requirement. A sample QWHR template is available here. Contributions must be paid on or before the quarterly due date to avoid penalties and interest. For 2027, QWHRs are due as follows:
- Q1 (January 1 - March 31) due date: April 30
- Q2 (April 1 - June 30) due date: July 31
- Q3 (July 1 - September 30) due date: October 31
- Q4 (October 1 - December 31) due date: January 31
- July 2027: Employee notification requirements begin. The FAMLI Division will be creating sample notices for employers before that date. Notice is also required to be given when the following events occur:
- When an employee is hired.
- Once per year (annual notice).
- When an employee requests leave using terms such as "paid family and medical leave," "parental leave," or "family leave," or otherwise indicates they want to take FAMLI leave.
- When the employer knows the employee is taking leave for a qualifying reason.
Substantive compliance details, such as contribution amounts, how hours are to be counted, worker eligibility, interaction with other leave laws such as FMLA, private plans, and other matters, add layers of complexity to this new workforce obligation for Maryland employers. The Employment and Labor Law attorneys at Tydings are available to answer any questions regarding FAMLI and help employers prepare for FAMLI implementation. Please contact us for assistance.