Maryland Paid Family Leave 2026: 12-Week Benefits, 5 Reasons
Comprehensive guide to Maryland's upcoming FAMLI program: eligibility, benefits, timelines, and employer obligations starting 2027.
Maryland’s Family and Medical Leave Insurance (FAMLI) program, enacted through the Time to Care Act, promises significant support for workers balancing family and health needs. Delayed multiple times, contributions begin January 1, 2027, with benefits available from January 3, 2028, offering up to 12 weeks of paid, job-protected leave—and potentially 24 weeks in certain cases.
Historical Evolution and Latest Timeline Updates
The Time to Care Act (Md. Code Ann., Lab. & Empl. §§ 9-101 et seq.), originally passed in 2022, has seen repeated postponements to allow for better preparation. Initial plans targeted contributions in October 2024 and benefits in January 2025, but 2023 amendments shifted this to October 2024 and January 2026. Further delays via 2024 legislation moved contributions to July 1, 2025, and benefits to July 1, 2026. The most recent change, signed May 6, 2025 (2025 Ch. 363, HB 102), sets contributions for January 1, 2027, and benefits no later than January 3, 2028.
These adjustments reflect ongoing refinements to regulations proposed by the Maryland Department of Labor, ensuring the program’s stability. Employers and employees should monitor official updates from paidleave.maryland.gov.
Core Features of the FAMLI Program
FAMLI establishes a state-administered insurance fund financed by payroll contributions not exceeding 1.2% of wages, shared between employers and employees. Covered employers must participate or opt for an approved private plan (insured or self-insured). Benefits replace up to 90% of an employee’s average weekly wage, capped at a $1,000 maximum and $50 minimum initially, with annual adjustments for inflation.
Leave is job-protected, meaning eligible employees return to their position or an equivalent one upon return. Leave increments are in minimum four-hour blocks, providing flexibility for intermittent needs.
Who Qualifies for FAMLI Benefits?
Eligibility hinges on earning sufficient hours and wages in Maryland. Workers need at least 680 hours worked in the prior 12 months and 120 consecutive days with the current employer before taking leave. Most employees are covered, regardless of employer size, unlike federal FMLA’s 50-employee threshold.
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- Employees: Full- and part-time workers meeting the hours and tenure requirements.
- Exclusions: Self-employed individuals may opt in; certain elected officials or independent contractors are typically exempt.
Employers must register with the state starting in 2027 and handle contributions via payroll deductions.
Reasons Covered Under FAMLI
The program supports five primary categories of leave, each up to 12 weeks in a rolling 12-month period:
- Own Serious Health Condition: Incapacity due to pregnancy, injury, illness, or treatment.
- Family Member’s Serious Health Condition: Care for child, spouse, parent, grandparent, grandchild, sibling, or domestic partner.
- Parental Bonding: Birth, adoption, or foster placement of a child; additional 12 weeks available if combined with personal medical leave.
- Military Exigency: Urgent needs related to a family member’s active duty or call-up.
- Military Caregiver: Caring for an injured or ill servicemember if next of kin.
Family members encompass biological, adopted, foster, step-relations, legal guardians, and in loco parentis bonds. Combined leave can reach 24 weeks if personal health and bonding are sequential.
Benefit Calculations and Payment Details
| Factor | Details |
|---|---|
| Average Weekly Wage Replacement | Up to 90%, min $50, max $1,000 (adjusted annually) |
| Eligibility Threshold | 680 hours in prior 12 months + 120 days tenure |
| Leave Duration | 12 weeks standard; up to 24 weeks combined |
| Increment | Minimum 4 hours |
Benefits are paid directly from the state fund or private plan, not by employers. Applications require medical certification for health-related leaves.
Employer Responsibilities and Options
All Maryland employers must contribute starting 2027, with rates capped at 1.2% of payroll. Small businesses (under 50 employees) may qualify for reimbursements on administrative costs. Alternatives include:
- State Plan: Default participation with automatic contribution handling.
- Private Plan: Approved insured or self-insured plans equivalent to state benefits.
Employers provide notice to staff, maintain records, and ensure job protection. Non-compliance risks penalties.
Coordination with Federal FMLA and State Laws
FAMLI runs concurrently with the federal Family and Medical Leave Act (FMLA) where overlapping. A key 2025 update (SB 785, effective October 1, 2025) exempts FMLA-covered employers (50+ employees) from Maryland’s unpaid Parental Leave Act (PLA), which previously mandated 6 weeks unpaid for 15-49 employee firms. This reduces duplication: PLA now applies only to non-FMLA employers with 15-49 staff.
Other state leaves like the Earned Safe and Sick Time Act remain separate, allowing stacking where eligible.
Application Process and Required Documentation
- Notice: Notify employer at least 30 days in advance for foreseeable leaves; ASAP for emergencies.
- Apply: Submit to state program or private plan administrator within deadlines.
- Certification: Healthcare provider form for serious conditions; birth/adoption papers for bonding.
- Approval: Typically 10-14 days; benefits start after a short waiting period.
Intermittent leave requires employer coordination.
Potential Challenges and Compliance Tips
Businesses face contribution costs and administrative shifts. Workers risk benefit denials without proper documentation. Tips include:
- Attend state webinars on paidleave.maryland.gov.
- Review proposed regulations from Maryland Department of Labor.
- Consult HR for private plan feasibility.
Frequently Asked Questions (FAQs)
When do Maryland FAMLI contributions start?
Contributions begin January 1, 2027, at up to 1.2% of wages.
What is the maximum FAMLI benefit amount?
Up to $1,000 per week, replacing 90% of average weekly wage, adjusted yearly.
Can I get 24 weeks of FAMLI leave?
Yes, 12 weeks for personal health plus 12 for bonding, or vice versa.
Does FAMLI apply to small employers?
Yes, unlike FMLA; all sizes participate unless private plan approved.
How does FAMLI differ from FMLA?
FAMLI provides paid leave for more family members; coordinates but offers wage replacement.
Preparing for FAMLI: Next Steps for Workers and Businesses
As 2027 approaches, employees should track hours and discuss plans with supervisors. Employers must budget for contributions, update policies, and train staff. Official resources at Maryland Department of Labor’s FAMLI page provide forms, calculators, and guides. This program marks Maryland’s commitment to family-supportive policies, easing burdens during life’s critical moments.
References
- Maryland delays paid family and medical leave again — Mercer. 2025-05-06. https://www.mercer.com/insights/law-and-policy/maryland-passes-paid-family-and-medical-leave-law/
- Maryland’s FAMLI Program, Part I: An Overview of The Law — Ogletree Deakins. 2025. https://ogletree.com/insights-resources/blog-posts/marylands-famli-program-part-i-an-overview-of-the-law/
- 2026 Family and Medical Leave Law Updates — Epstein Becker Green. 2025. https://www.ebglaw.com/insights/publications/2026-family-and-medical-leave-law-updates-what-employers-in-seven-states-need-to-know
- Maryland Clarifies Parental Leave Law — Disability Leave Law. 2025-05-06. https://www.disabilityleavelaw.com/?p=5506
- Maryland Delays Paid Family and Medical Leave Insurance Program — HR Law Watch. 2025-05-07. https://www.hrlawwatch.com/2025/05/07/maryland-delays-paid-family-and-medical-leave-insurance-program-again-clarifies-parental-leave-law/
- Paid family and medical leave is coming to Maryland — Maryland Department of Labor. 2025. https://paidleave.maryland.gov
- For employers – Maryland FAMLI — Maryland FAMLI. 2025. https://paidleave.maryland.gov/employers
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