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For employees

Starting in January 2028, FAMLI will make it possible to take up to 12 weeks of paid leave per year—with benefits of up to $1,000 per week — so you can take care of yourself and your family when it matters most.

When you will be able to use FAMLI

The type of leave you will apply for will depend on your situation:

  • Bonding with a new child: 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 during the first year after placement.
  • Your own health condition: Take time off for a serious health condition—one that requires medical treatment or hospitalization. This includes planned procedures like surgery, significant unexpected illnesses, or managing conditions that need ongoing medical care.
  • Caring for a family member: Take time off to provide care for a family member with a serious health condition.
  • Caring for a service member: Take time off to provide care for a family member in uniformed service who has a serious health condition caused by their service.
  • Uniformed service family needs: Take time off to manage needs that arise from a family member’s deployment.

How FAMLI is funded

FAMLI is funded through contributions from both employers and employees who work in Maryland. Your employer will participate in either the State Plan or an approved private plan. When you take leave, that plan pays your benefits.

How much you’ll pay

You’ll pay a small percentage of your wages into FAMLI —less than 1%.

As early as January 2027, your employer will deduct your share from each paycheck. This is similar to other payroll deductions like Social Security. Your employer can deduct up to 50% of the contribution rate from your paycheck. The exact amount depends on your wages and your employer’s size.

For example: If the total contribution rate is 0.9% of your wages and you earn $1,000 per paycheck, your share would be up to $4.50 per paycheck.

Employer-paid contributions

Some employers will choose to pay the full contribution for their employees. Check with your employer to see if they cover any portion of your contribution.

Understanding your contributions

Your employer will collect your contribution through regular payroll deductions. All employees who work in Maryland must participate—you can’t opt out, even if you’re not planning to use the benefits.

Important to know: Contributions are not refundable. You won’t get this money back if you don’t apply for benefits, similar to other payroll contributions like Social Security.

When deductions happen

Your employer will deduct contributions during each regular pay period. If they forget to deduct contributions, they can’t go back and take it later.

Small paychecks: If your paycheck is too small to cover the full contribution (this mainly affects tipped workers), your employer has up to six pay periods to collect what’s owed.

How much leave you will be able to take

When benefits become available in 2028, you will be able to request up to 12 weeks of paid leave within a 12-month period. The exact amount approved will depend on your situation and qualifying event.

Special circumstance: If you experience your own serious health condition and welcome a child in the same year, you could be eligible for up to 12 weeks per event—for a total of up to 24 weeks. These events may be related, but don’t have to be.

How leave amounts will be decided

Three factors will be used to determine how much leave to approve:

  1. The number of weeks you requested
  2. The amount of leave supported by the medical professional on your certification (if required)
  3. How much of your annual FAMLI leave is still available

Your approved leave will be the shortest amount among these three factors.

Continuous vs. intermittent leave

Continuous leave means taking time off from work without any breaks during the leave period. During continuous leave, you will be away from work for an uninterrupted block of time.

For example: You have surgery and need six weeks to recover. You apply to take continuous leave, remaining off work for the full six weeks without returning until your licensed healthcare provider clears you to return to work.

Intermittent leave means taking time off from work in separate blocks of time instead of all at once. You will be able to take intermittent leave for at least 4 hours per day, a whole day, or multiple days as needed over a period of time, depending on your situation. If your employer offers a private plan, you may be able to take fewer than 4 hours per day depending on the plan’s rules.

For example: You need to receive chemotherapy once a month and can work in between treatments. You apply for intermittent leave, requesting two days for treatment and recovery each month.

How benefits will be calculated

FAMLI benefits will be calculated per employer. You will be able to receive up to 90% of your weekly wages from each employer.

Claim review timeline

After you submit your claim, your employer will have 5 business days to respond to your claim, if they choose to do so. During this time, they can submit additional information, such as:

  • If you’ve taken FMLA or FAMLI-eligible leave
  • Whether you gave proper notice (if your employer requires it)
  • If you’re receiving Workers’ Compensation or unemployment benefits
  • Any concerns about the claim

Important: Your employer will not be required to respond. If they choose to respond and their response does not present any issues, your claim will be considered complete, even if it has been less than 5 days. Employer responses submitted after 5 days will still be reviewed because they may provide important information about your claim.

Once your claim is complete, the Division will have 10 business days to make a determination.

When you’ll receive payment

You’ll receive your first benefit payment within 5 business days after your claim is approved or your leave begins, whichever is later. After that, you’ll receive payments at least every two weeks until your benefit period ends.

Important: There is no waiting or elimination period. You will be eligible for benefits starting your first day of leave.

If you provide incorrect payment information, additional time will be needed to issue or reissue your payment.

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Questions?

Contact our team at [email protected] — we're here to help.