About the program
Maryland’s Family and Medical Leave Insurance (FAMLI) program will help workers balance their jobs with important family and health needs. Starting in 2028, eligible workers can take paid time off to care for themselves or loved ones—without worrying about losing their job.
How it will work
When benefits become available, FAMLI will provide up to 12 weeks of job-protected paid leave annually, with benefits of up to $1,000 per week. FAMLI covers important life events such as welcoming a new child, managing a serious health condition, caring for a family member with a serious health condition, or addressing family needs related to a uniformed service member’s deployment.
Important dates
- January 1, 2027: Contributions begin
- January 2028: Benefits become available
How is FAMLI funded?
FAMLI is funded through contributions that employers will remit on behalf of themselves and their employees to the FAMLI Division every quarter. Employers may withhold up to 50% of the contribution rate from employee paychecks. Withholding will begin January 1, 2027 before benefits start so that the contributions employers remit to the state create a trust fund that will grow over time. The fund will pay out benefits for approved claims starting January 2028.
Getting started
If you are an employer with at least one employee in Maryland, you will soon need to register at paidleave.maryland.gov.
Qualifying events
Every moment counts when you or a family member is seriously ill, when a family member is preparing to deploy, or when you welcome a child. When FAMLI benefits become available, workers will be able to take time off for a “qualifying event.” These are defined as:
Medical leave
Take time off to care for a serious health condition that requires hospitalization or continuing treatment by a licensed healthcare provider. This includes major medical treatments like surgery, serious illnesses that prevent you from working, or managing conditions that need ongoing medical care.
Family caregiving leave
Provide care for a family member with a serious health condition.
Parental leave
Take time off to care for a newborn or prepare for or bond with a child placed with you through adoption, foster care, or kinship care before or during the first year after placement.
This includes children born or placed before benefits start in January 2028, as long as you take the leave after benefits begin. For example, if your baby was born on November 1, 2027, you can take up to 12 weeks of paid leave between January 3, 2028 and October 31, 2028.
What is kinship care?
Kinship care means a relative is caring for a child due to serious family circumstances—such as a parent’s death, illness, incarceration, or addiction. This includes both informal arrangements and formal placements through social services.
Uniformed service caregiving leave
Provide care for a family member in uniformed service who has a serious health condition caused or made worse by their service.
Uniformed service deployment leave
Make arrangements related to a family member’s deployment in uniformed service.
Who is a family member?
FAMLI defines a “family member” as:
- Your child: includes biological, adopted, foster, stepchildren, or any child you care for legally or as a guardian—even if they’re an adult.
- Your parent: includes biological, adoptive, foster, stepparents, or in-laws as well as anyone who acted as a parent to you or your spouse when you were a child.
- Your spouse or domestic partner.
- Your sibling: includes biological, adopted, foster, or step-siblings.
- Your grandparent or grandchild: includes biological, adopted, foster, or step-grandparents or grandchildren.
- A legal guardian or ward: someone you or your spouse are legally responsible for or who is legally responsible for you.
What is a serious health condition?
FAMLI defines a serious health condition as an illness, injury, impairment, or physical or mental condition that:
- Requires you or a family member to stay in a hospital or other medical facility;
- Requires ongoing treatment from a licensed healthcare provider; or
- Involves donating a body part, organ, or tissue—including appointments, tests, surgery, and recovery time
When you file a claim, a licensed healthcare provider will need to certify the serious health condition. They’ll provide documentation confirming the need for time away from work.
Special provision for families of uniformed service members
If you’re the next of kin of a uniformed service member whose serious health condition was caused or worsened by their uniformed service, you may also qualify for paid leave. For the complete definition of “next of kin,” see COMAR 09.42.01.01 B(41).
Who is a uniformed service member?
Under FAMLI, uniformed service members are part of the:
- Air Force
- Army
- Coast Guard
- Commissioned Corps of the National Oceanic and Atmospheric Administration (NOAA)
- Commissioned Corps of the Public Health Service
- Marine Corps
- Navy
- Space Force
Who will be eligible for FAMLI?
Benefits will be available to eligible employees starting January 2028. Eligibility is determined based on the number of hours an employee works in Maryland prior to filing a claim or beginning their leave (whichever is earlier). More specifically, employees will be eligible for benefits after working at least 680 hours in a position localized in Maryland in the 4 calendar quarters reported before they file a claim or their leave begins. Employees can apply for benefits 60 days before or after the first date of leave needed for a qualifying event.
How hours will be counted
All employers will be required to submit wage and hour reports to the FAMLI Division on a quarterly basis, starting in April 2027. Those reports will show how many hours all employees in Maryland (full time, part time, seasonal, paid interns, etc.) worked and will be used to determine eligibility.
All work localized in Maryland will count towards eligibility. If an employee changes jobs, they may still be eligible, as long as they meet the 680 hour requirement, and will apply for benefits through their current employer’s plan. It does not matter whether the employer participates in a private plan or the State Plan. Because FAMLI provides benefits to employees who are taking leave from a job, if an individual is unemployed when they file a claim, they will not be eligible for benefits.
When will work count as work done in Maryland?
Work must be “localized” in Maryland for a worker to be eligible. Localization refers to where the work is physically performed, not where a worker lives or where their employer is based.
The simplest way to know: If your employer contributes to Maryland’s Unemployment Insurance program on your behalf, your work is localized in Maryland, and you’re covered under FAMLI.
Common Scenarios:
- An employee works full-time in Maryland but lives in another state → Covered under FAMLI
- An employee lives in Maryland but works full-time in another state → Not covered under FAMLI
- An employee works remotely from another state for a Maryland-based employer → Not covered under FAMLI
- An employee works remotely from Maryland for an employer based in another state → Covered under FAMLI
- An employee works in multiple states for the same job → Localization rules determine coverage
Other eligibility rules
Employees cannot receive FAMLI benefits and Workers’ Compensation at the same time. However, there is an exception for permanent partial disability payments.
Federal employees who work in Maryland will not be eligible for FAMLI benefits and will not contribute to the fund.
Self-employed individuals
Self-employed individuals who are Maryland residents will be able to opt into the optional program starting at a later date. More information about the rules and processes for self-employed Marylanders will be available in 2028.
Once the option is launched, self-employed individuals may choose to register themselves in order to contribute and be eligible for benefits. Details will become available at a later date.
Law and policies
The FAMLI program is designed to be a reliable system that Marylanders can count on. Its funding and structure work together to ensure benefits are available when workers need them. Below, you’ll find details on how the program is funded, when contributions begin, and the steps being taken to make sure the system is secure for employers and their employees.
FAMLI statute
Title 8.3 of the Maryland Labor and Employment Code set the legal requirements for the paid family and medical leave system in Maryland.
FAMLI regulations
Have questions about FAMLI? We’ve compiled answers to the most frequently asked questions to help you understand the program and regulations.
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