Claims

Family and medical leave insurance (FAMLI) will ensure eligible employees in Maryland can take up to 12 weeks away from work to care for themselves or a family member and still be paid up to $1000 a week. This program is often referred to as “paid family and medical leave” or simply “paid leave.”

Employees based in Maryland will be able to receive FAMLI benefits starting in January 2028. Self-employed Maryland residents will be able to opt into the program starting at a later date. More information about the rules and processes for self-employed Marylanders will be available in 2028.

An employee could use leave: • To welcome a child, including through adoption and foster care • To care for themselves, if they have a serious health condition • To care for a family member with a serious health condition • To make arrangements for a family member’s deployment

Yes, all employers with at least one employee in Maryland will be required to provide paid family and medical leave. There are no exemptions under state law. Employers can choose between the State Plan, a commercial plan, or a self-insured option.

Benefits will begin in January 2028.

No. FAMLI benefits will begin in January 2028.

FAMLI and FMLA are similar in many ways. The biggest difference is that FAMLI offers paid time off, while FMLA ensures employees have access to unpaid time off. Also, FAMLI’s eligibility rules include more employees and the self-employed. When an event qualifies for leave through both FMLA and FAMLI, the leaves should run at the same time. There will be limited cases when an event only qualifies for FAMLI. In those cases, an individual does not use any FMLA time while taking FAMLI.

Paid sick days through Maryland's Healthy Working Families Act and FAMLI serve different purposes. It's not a perfect comparison, but one way to think about it is that paid sick days are for everyday colds. FAMLI is for battling a serious illness.

It depends on the structure of the company. If the owner is an employee of the company (i.e. receives wages) they will need to contribute to FAMLI and will be eligible for benefits. If the sole owner of an S corp is the only person employed by the S corp, for the purposes of FAMLI the owner is not considered an employer. Only employers are required to register with FAMLI. Once the self-employed option is launched, self-employed individuals may choose to register themselves in order to contribute to FAMLI and become eligible for benefits. Details regarding this option will be available at a later date.

No. All employment categories are covered by FAMLI. There are no exemptions.

No. Contributions will only be due and benefits will only be available during employment.

Benefits will be available in January 2028. Employees can file a claim for benefits up to 60 days before or after their leave starts.

No, federal employees do not qualify for FAMLI benefits and do not contribute to the fund. Consider reviewing the paid parental leave policy for federal employees: <https://www.opm.gov/policy-data-oversight/pay-leave/leave-administration/fact-sheets/paid-parental-leave/#:~:text=Eligible%20employees%20are%20entitled%20to,sick%20leave%20or%20annual%20leave>.

No, federal employees will not be covered by FAMLI and will not be able to opt into the program.

No. FAMLI does not have age restrictions.

No, there is no minimum income requirement to qualify for FAMLI. All employees will be eligible after working 680 hours in Maryland during the 4 reported quarters before the claim was complete or leave began, whichever was earlier.

No. Maryland's paid family and medical leave law does not include domestic violence as a qualifying event.

Parents can take leave during the first year after their child is born or placed with them through foster care, kinship care, or adoption. Parents of children born or placed with families before benefits become available in January 2028 can take leave within the first year after birth or placement, as long as the leave is taken after benefits begin. For example, if a baby was born on November 1, 2027, the parent(s) would be eligible for 12 weeks of FAMLI leave between January 2028 and November 1, 2028 when the baby turns 1.

Yes.

Yes.

A grandparent will be able to take leave after the birth of a child only if the grandparent is the child's legal guardian or if the child is being placed with the grandparent through adoption, foster care, or kinship care.

The FAMLI Division's definition of "kinship care" includes both informal and formal kinship care. Informal kinship care is a living arrangement where a relative provides care for a minor due to serious family hardship, such as a parent's death, serious illness, incarceration, or addiction. This relative is not a formal guardian, and the minor is not in the care of the local department of social services. Formal kinship care is continuous 24 hour care and supportive services provided for a minor placed by social services in the home of a kinship parent or kinship caregiver.

Family members are: -the spouse or domestic partner of the employee; -a child (including biological, adopted, foster or stepchild) of the employee; -a parent (including biological, adopted, foster or stepparent) of the employee or the employee's spouse; -a grandparent (including biological, adopted, foster or step-grandparent) of the employee; -a grandchild (including biological, adopted, foster or step-grandchild) of the employee; -a sibling (including biological, adopted, foster or step-sibling) of the employee; -a person for whom the employee, or the employee'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 employee or the employee's spouse when the employee or the employee's spouse was a minor. (For example, the employee's step-parent from when the employee was a minor but who is no longer married to the employee's birth parent); -a child for whom the employee has court appointed decision making authority over (financial and/or personal) and/or who lives with the employee; and -a child the employee has assumed the obligations of a parent for without formal adoption proceedings.

Yes, a service member’s next of kin may qualify, if the serious health condition was caused or exacerbated by the member's uniformed service. For the definition of “next of kin” please see COMAR 09.42.01.01 B(41).

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 incapacity due to pregnancy, - a period of incapacity due to a chronic condition, - a period of incapacity 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.

“Incapacity” means the inability to perform at least one essential job function, attend school, or perform regular daily activities.

A licensed health care provider will be required to certify.

No, the death of a family member is not a qualifying event. However, if an employee is already receiving FAMLI benefits to care for a family member and they pass away, the employee must provide notice within 72 hours of the family member's passing. The employee’s benefits will continue for up to 7 days after the death, or until their originally approved leave ends—whichever comes first.

An employee will be able to take leave if their family member is a service member and the employee needs to: -prepare for the service member's deployment 7 days before it begins; -attend uniformed service events; -arrange childcare; -make financial and legal arrangements; -attend counseling; -care for the service member on rest and recuperation leave; -attend post-deployment activities; -deal with the death of the service member; -arrange care for the service member's parent; or -address any other active duty issue that their employer agrees should be covered.

Yes. If the employee still meets the criteria to take FAMLI leave in 2028, they will be eligible for FAMLI benefits.

Employees will only need to create an account when they are ready to file a claim.

An employee will submit a claim when they need to take leave for a qualifying event. If their employer is enrolled in the State Plan, the FAMLI Division within MD Labor will review the claim. Otherwise, the employer's private plan will review the claim. The FAMLI Division will handle all appeals, regardless of the employer's plan.

The FAMLI Division will electronically notify employers when an employee files a claim and each time there is a status change to the claim (determination, appeal request, appeal, etc.). Employers will be able to view their employees' claims status online. In addition, employers may require employees to provide 30 days notice for foreseeable leave. For leave that is unexpected, employers may require employees to give notice as soon as is practicable.

The FAMLI Division will notify an employer when an employee files a claim. The employer will have 5 business days to respond. The employer can tell the Division to proceed with reviewing the claim or provide additional information about the claim.

The law does not exclude any group of employees. Self-employed individuals will be able to choose to participate.

No. FAMLI will provide benefits to employees who are taking leave from a job. If an employee is unemployed they will not be eligible for FAMLI benefits.

The FAMLI Division has 10 days to make a determination on a completed claim. An employer has a chance to respond before a claim is considered complete.

Employees will earn up to 90% of their wages up to a maximum of $1000 per week. Employers have the option of “topping off” the benefit through their own plans and policies.

The benefit amount will be calculated by first calculating the employee's Average Weekly Wage by dividing the employee’s total wages received in the highest of the previous 4 quarters by 13 (the number of weeks in a quarter). That number is then compared to Maryland’s State Average Weekly Wage (SAWW). If the employee's Average Weekly Wage is 65% or less of the SAWW, the benefit amount will be 90% of the employee's Average Weekly Wage. If the employee's Average Weekly Wage is more than 65% of the SAWW, the benefit amount will be 90% of 65% of the SAWW, plus 50% of the employee's Average Weekly Wage greater than 65% of the SAWW. The maximum benefit amount, regardless of wages, is $1,000/week. Someone making minimum wage ($15/hour) working 40 hours/week earns $600 per week. Their benefit amount would be 90% of $600, which is $540.

If you do not take a full week of leave, the benefit amount will be calculated by dividing your weekly benefit amount by the average number of hours you worked per week. This will determine an hourly benefit amount. Then, the hourly benefit amount will be multiplied by the number of hours of leave you take to determine your benefit amount.

You can find the State Average Weekly Wage on the Workers' Compensation Commission's website: <https://www.wcc.state.md.us/adjud_claims/comp_rates.html> The Maryland Department of Labor calculates the State Average Weekly Wage by December 15 each year.

Employees will receive their first benefit payment within 5 business days after their claim is approved or the leave has started, whichever is later. Employees will receive subsequent payments at least every two weeks until the benefit period ends. If an employee has provided incorrect payment information, additional time will be required for payment to be issued or reissued. Unlike many other insurance programs, there is no waiting or elimination period. Employees are eligible for benefits starting their first day of leave.

When benefits become available in 2028, employees will be able to request up to 12 weeks within a 12 month period. The exact time off approved will depend on the person and their situation. If the employee experiences both their own serious health condition and welcomes a child in the same year, they could be eligible for up to 12 weeks per event for a total of up to 24 weeks. While the two events could be related, they do not have to be.

To determine how much leave to approve, the FAMLI Division will review three things: 1) the number of weeks the employee requested; 2) the amount of leave supported by the medical professional signing the leave certification (if required); and 3) how much of the employee’s FAMLI leave is still available for the year. The FAMLI Division will approve leave for the shortest amount of time.

Yes, it is possible but only if the worker experiences both their own serious health condition and welcomes a child in the same year. In that case, they could be eligible for up to 12 weeks per event for a total of up to 24 weeks. While the two events could be related, they do not have to be.

No. FAMLI provides up to 12 weeks of benefits to care for a service member suffering from a service-related condition.

No. Employees will be able to take up to 12 weeks of leave on a continuous or an intermittent basis. Intermittent means not all at once. Employers and employees should agree on the intermittent schedule.

A worker will not be able to take more hours of intermittent leave per week than the average hours they work in a week. To determine the average hours an employee works, the Division will use the quarterly report with the highest earnings of the previous 4 reports.

Under the State Plan, intermittent leave cannot be taken for less than 4 hours at a time unless the employee's scheduled shift was fewer than 4 hours. Private plans may allow employees to take time off for periods less than 4 hours. Employees and employers should agree on the employee's intermittent leave schedule. Employees need to make a reasonable effort to schedule intermittent leave in a manner that does not significantly burden the employer. Employers will be notified when their employee files a claim for leave and when their employee submits time off taken. Employees also need to give prior notice to their employer of the intermittent leave. If the employee does not provide prior notice, the employer must notify the FAMLI Division before taking any disciplinary action against the employee. If the employee's use of intermittent leave is inconsistent with their leave approval, it may not be considered retaliation for an employer to request additional information related to the use of FAMLI leave.

Intermittent leave claims will only be approved for as long as they are certified and will expire after one year. If an employee needs additional FAMLI leave for the qualifying event, the employee will need to submit a new claim.

Claimants approved for continuous leave will not need to upload documentation while they are out on leave. If a claimant requests more time, they will have to provide new documents.

Yes. Employees will be required to update their claims within 10 days of any changes to the reason for needing leave, the start or end date of leave, or the length of leave. Either the State or the employer's private plan provider will notify the employer of any updates to claims.

Yes, an employer must hold an employee's position while the employee is on FAMLI leave. The employee should return to the same or an equivalent position.

Yes, employers must maintain employees' health benefits while they are out on leave.

Yes. An employee will file a claim for leave from each employer, even if they have the same plan. Benefits will be paid per employer.

FAMLI benefits will be calculated per employer. An employee can earn up to 90% of their weekly wages per employer.

No. There is no limit to how many positions an employee can file for leave from at the same time, as long as the positions are localized in Maryland and the employee is currently employed at each employer when requesting leave.

Yes, they will be eligible for benefits, as long as they have worked 680 hours in Maryland. All work localized in Maryland counts toward an employee's eligibility. It does not matter whether the employer participates in a private plan or the State Plan, and they will immediately be covered under their new employer’s plan, as long as the new job is localized in Maryland.

The FAMLI Division will look at the last 4 quarters for which reports were due. If they worked 680 hours total, they will qualify.

When an event qualifies for leave through both FMLA and FAMLI, the leaves should run at the same time. There will be cases when an event only qualifies for FAMLI. In that case, an individual does not use any FMLA time while taking FAMLI.

Yes, this is a circumstance that could occur for newer employees. In this case, the time the employee takes under FAMLI does not count against time that is later available under FMLA. This is because federal law governs FMLA.

No, an employee may not receive FAMLI benefits at the same time as most types of Workers' Compensation. There is an exception for permanent partial disability payments.

Yes. The only benefits programs that impact a worker's eligibility for FAMLI benefits are Workers' Compensation (other than permanent partial disability) and unemployment benefits. While other benefits programs will not affect your eligibility for FAMLI, receiving FAMLI benefits may affect your eligibility for other assistance programs.

No. Employers cannot require employees to use other types of paid time off before using paid family and medical leave.

Yes. The statute only prohibits employers from requiring employees to use paid time off (PTO, sick days, vacation time, etc.).

Employees can decide which leave they would like to use. They will not be required to file a claim with FAMLI.

If an employer offers leave specifically designed to cover a FAMLI qualifying event, such as parental leave, the FAMLI Division is referring to that as Alternative FAMLI Purpose Leave (AFPL). An employee may be required to use their AFPL at the same time as their FAMLI leave.

Yes.

FAMLI is in the process of developing guidance materials about the tax treatment of FAMLI contributions and benefits. Please sign up for our listserv at [paidleave.maryland.gov/stay-informed/](paidleave.maryland.gov/stay-informed/) to receive updates when guidance is published.

The weekly benefit amount through FAMLI will not be reduced or offset to take into account short term disability STD benefits. When FAMLI is used for an employee's own serious health condition, there may be some overlap with an employee's eligibility for an employer’s short term disability policy. Employers may choose to amend their STD policy to take into account FAMLI benefits. For example, employers may “top off” the FAMLI wage replacement percentage up to 100% of the employee's regular pay or increase the duration of leave related to the health event beyond the 12 weeks provided by FAMLI.

Employers may allow employees to use accrued leave to top off their FAMLI benefit up to 100% of their wage. Employees must agree to using their accrued leave in this way.

The "benefit year" is the 12-month period that starts on the Sunday before the employee's first day of FAMLI leave. During a benefit year, an employee is limited to 12 weeks of FAMLI leave (unless they qualify for an additional 12 weeks). For example, if an employee begins FAMLI leave on Wednesday, March 15, 2028 and exhausts their FAMLI leave, that employee will not be eligible for more FAMLI leave until Sunday, March 11, 2029.

Preventing fraud is a top priority for the FAMLI Division and the Maryland Department of Labor, and we are building the system accordingly. In addition, the Division will notify employers when an employee submits a claim and again after a decision. Employers will have the opportunity to share pertinent information with the Division, including proof that an employee is not eligible for leave.

In general, private plans are required to follow the same process as the State.

Wage and hour reports will be submitted to the FAMLI Division each quarter when contributions are due. The FAMLI Division will use those reports to respond to inquiries from employers and insurers administering private plans about the eligibility of an employee with a pending claim.

Yes, private plans may allow employees to take time off for periods less than 4 hours.