Maryland Department Of Labor Family and Medical Leave Insurance

Paid Family and Medical Leave is coming to Maryland

Maryland is preparing to launch a new paid family and medical leave program! Starting July 1, 2026, workers will receive job protection and be able to take time away from work to care for themselves or a family member and still be paid up to $1,000 a week for up to 12 weeks. FAMLI is an insurance program. Employers and workers will make contributions into a fund administered by the State. Alternatively, an employer may apply to use a commercial or self-insured plan. When a worker needs to take leave, either the State or the private plan will pay the worker a portion of their salary.

What qualifying events could a worker use leave for?

• To welcome a child into their home, including through adoption and foster care
• To care for themselves, if they have a serious health condition
• To care for a family member’s serious health condition
• To make arrangements for a family member’s military deployment

Important dates

July 1, 2025: Contribution period for the State Plan begins.

This means payroll deductions will begin on July 1, 2025, and employers will remit the first payment to the State in October 2025.

July 1, 2026: Benefits for all workers begin.

The contributions employers remit to the State will create a trust fund. The fund will grow over time and be ready to pay out benefits to Maryland workers starting July 1, 2026.

All employers with at least one worker in Maryland will be required to offer paid family and medical leave insurance

There are no exemptions.

Eligibility for benefits

A worker will be eligible for benefits after working at least 680 hours in positions based in Maryland in the 4 calendar quarters reported before they need to take leave.

The law doesn’t exclude seasonal or part time employees. There are no exemptions.

Eligibility isn’t dependent on living in Maryland. Anyone working in a position located in Maryland will be eligible for benefits.

I work from my home or office in Maryland, but my employer is located in a different state. Will I make contributions and be eligible for benefits?

If you work in Maryland, you will contribute and be eligible for benefits. It doesn't matter where your employer is located.

If you work in more than one state, your eligibility will depend on localization rules.

Calculating contribution amounts and payroll size

Employers will submit wage and hour reports each quarter. Those reports will determine the amount of contributions due to the State. Employers will need to collect and make contributions for anyone working in a position localized in Maryland. Workers cannot opt out of participating.

An employer can request an official determination regarding payroll size which could result in a lower employer contribution rate. Employers will be required to disclose the average number of workers who are out-of-state. The Division will add that number to the average number reported in wage and hour reports during the four previous quarters. If the total is below 15, employers will qualify for the lower contribution rate. The determination will be effective for one year.

Contributions

Like other insurance programs, FAMLI contributions go into a shared account that is used to pay benefits. No individual worker or employer is entitled to the return of any funds.

Definition of “family member”

Family members are:

• the spouse or domestic partner of the worker;
• a child (including biological, adopted, foster or stepchild) of the worker;
• a parent (including biological, adopted, foster or stepparent) of the worker or the worker's spouse;
• a grandparent (including biological, adopted, foster or step-grandparent) of the worker;
• a grandchild (including biological, adopted, foster or step-grandchild) of the worker;
• a sibling (including biological, adopted, foster or step-sibling) of the worker;
• a person for whom the worker, or the worker’s spouse, has court appointed decision making authority over (financial and/or personal);
• an individual who acted as a parent or stood in loco parentis to the worker or the worker's spouse when the worker or the worker's spouse was a minor. (For example, the worker’s step-parent from when the worker was a minor but who is no longer married to the worker’s birth parent);
• a child for whom the worker has court appointed decision making authority over (financial and/or personal) and/or who lives with the worker; and
• a child the worker has assumed the obligations of a parent for without formal adoption proceedings.

Definition of “serious health condition”

A serious health condition is an illness, injury, or physical or mental condition that meets one or more of the following:

• Requires inpatient care,
• Involves the donation of an organ, or
• Involves continuing treatment by a licensed health care provider including:
• a period of disability due to pregnancy
• a period of disability due to a chronic condition,
• a period of disability due to a permanent or long-term condition,
• absences to receive multiple treatments, and
• a period of incapacity of 3 or more days that also involves multiple treatments.

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