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MD Family & Medical Leave Insurance

Benefits are scheduled to begin July 1, 2026

What is Maryland Family & Medical Leave Insurance?

MD Family & Medical Leave Insurance (FAMLI), Maryland’s version of a state-mandated Paid Family & Medical Leave (PFML) program, goes into effect July 1, 2026, and provides partial income replacement during job-protected leave for covered employees to care for a qualified family member or their own qualifying medical condition.

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What Can Maryland FAMLI Be Used For?

Maryland FAMLI allows employees to take paid time off for critical life events that impact their own health or the health of a family member. These leave types, also called qualifying events, are:

Family Leave Medical Leave
CARE FOR SOMEONE ELSE SELF-CARE

Bonding Leave icon

Bonding Leave

Caregiver Leave icon

Caregiver Leave

Military Exigency Leave icon

Military Exigency Leave

Self-Care icon

Medical Leave

Bonding with a new child (birth, adoption, or foster-care placement)


Caring for a family member with a serious health condition


For any qualifying exigency-need arising from a family member's active duty or impending leave

Care for employee's own serious health condition.

What is the Maximum Leave Length for MD FAMLI?

  • MD FAMLI provides up to 12 weeks per benefit year.
  • However, if an employee takes both – medical and bonding leave together, they get a combined maximum of 24 weeks in that 12-month period.
  • All other leave type combinations max out at 12 weeks total.
    • For example, if an employee already took 3 weeks of caregiver leave in the benefit year, that leaves 9 weeks of leave for any other qualifying event, such as bonding leave or medical leave. This resets in the next benefit year.
  • Benefits can be taken continuously or on an intermittent basis.

 



What is The Benefit Amount?

The benefit calculation is based on the employee's average weekly wage and is as follows:

  • Up to 65% of the state average weekly wage* (SAWW):
    Employee receives 90% of wages
  • Over 65% of SAWW:
    Employee receives 90% of wages up to 65% of SAWW, PLUS 50% of AWW over 65% of SAWW

* Please note: Maryland’s SAWW gets adjusted annually on July 1st and becomes effective on January 1st of the following calendar year.

 

What Type of Employers Have to Provide MD FAMLI?

Effective July 1, 2026, MD Family & Medical Leave is a required benefit for all employers with at least 1 employee in Maryland, regardless of industry or payroll size. Self-employed individuals can choose to participate with the State Plan.

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Who is Covered?

To be eligible for benefits, employees must have worked at least 680 hours in Maryland over the course of the 4 calendar quarters (12 months) before they are eligible for benefits. This includes seasonal and part-time employees. Eligibility is not based on time spent at a specific or single job.

Where do employees need to be located to be covered by MD FAMLI?

This is based on where the employee works, not where the employee resides, i.e. their job needs to be based in Maryland. Employees who live in Maryland but work in another state are not covered.

    

How Much Does the MD FAMLI State Plan Cost?

The rate is structured as a percent of an employee’s covered wages up to the Social Security cap. While Maryland’s Department of Labor sets the contribution rate for the State Plan, Private Plans set their own rate. Please click here for the current cost of coverage through the State-provided plan. If you are an employer and are interested in a Private Plan and would like to obtain a quote for private coverage, please contact your broker.


How are MD contributions split for the State Plan?

Employers with 15+ employees:
Employers may withhold up to half of the total contribution rate from the employees’ pay for an even split. The employer contributes the other 50%.

Small employers with less than 15 employees:
The employer contribution is waived for small groups. While they don’t have to pay the employer portion of contributions, they still have the option to pay for all or part of their employees’ required contributions.

A few notes on Private Plans:

  • Private Plans cannot cost employees more than the State Plan.
  • Employers with a Private Plan cannot withhold more than the maximum employee contribution set by the State.

The contribution rate is to be announced by the MD DOL each February for the following program year (which runs from July 1 through June 30) and cannot exceed 1.2% of wages up to the Social Security cap.

Are contributions required for employees who live in MD but work in an out-of-state location?

No contributions are not required for these employees since they are not eligible for coverage.

Are contributions required for employees who live out-of-state and work in MD?

Yes, contributions are required for these employees since they are covered.



Do Employers Have to Provide Coverage Through the MD FAMLI State Plan?

Maryland employers have the option to provide benefits through the State Plan or a Private Plan. An approved Private Plan, known in Maryland as an Equivalent Private Insurance Plan (EPIP), is an alternative to a State Plan, that at least meets or exceeds the rights, protections, and benefits of the State Plan. An approved Private Plan can be either self-insured by an employer or fully insured through an approved insurance carrier, such as ShelterPoint, in which coverage is provided in the form of a Paid Family & Medical Leave (PFML) policy.

What are the advantages of a Private Plan?

Private carriers, such as ShelterPoint, have built the experience, scalability, and agility to manage Paid Family & Medical Leave coverage and have the resources to continuously expand and enhance capabilities to provide smooth customer services from onboarding to claims.

 

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What Obligations Do Employers Have?

Some of the most important employer obligations include:
  • Employers are required to inform their employees about this benefit.
    • At the time of hire
    • Annually
    • When an employee indicates that they wish to take leave for one of the qualifying events
    • When the employer is aware that their employee’s leave may be for a covered qualifying event
  • Employers need to submit wage and hour reports electronically every quarter.
  • Since MD FAMLI provides job protection, employees who return to work are entitled to be restored to the position they held when starting their leave or an equivalent position.
  • Additionally, employers need to continue providing health insurance benefits to an employee who is out on this type of leave. The employee, on the other hand, must continue to make any regular contributions to the cost of the health insurance premiums.

Additional MD Family & Medical Insurance Questions

Is MD Family & Medical Insurance mandatory?

Yes, MD FAMLI is a required benefit that Maryland employers with at least 1 Maryland employee have to provide.

What is the difference between MD FAMLI and short-term disability?

Short-term disability (“STD”) typically refers to a voluntary insurance product that provides certain income-replacement benefits for an employee’s own health condition. STD is separate and distinct from MD FAMLI, which is a state-mandated benefit for employers to provide their Maryland employees generally with up to 12 weeks of paid leave for a broader set of qualifying reasons, including bonding leave, caregiver leave, and leave for a qualified military exigency, in addition to for the employee’s own serious health condition. While STD and Maryland FAMLI are similar in some respects, their specific coverage details may differ. Maryland FAMLI is not intended to fully replace STD coverage, which an employer may still wish to provide separately.

Does MD FAMLI provide job protection?

Yes, see employer obligations above for more details.

Who is considered a “family member” under MD FAMLI?

  • The employee’s spouse or domestic partner
  • The employee’s 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, including a person who stood in loco parentis to the employee or their spouse during childhood
  • The employee’s grandparent (including biological, adopted, foster or step-grandparent)
  • The employee’s grandchild (including biological, adopted, foster or step-grandchild)
  • The employee’s sibling (including biological, adopted, foster or step-sibling)
  • A child the employee assumed the obligations of a parent for without formal adoption proceeding
  • A child whom the employee (or their spouse) has court-appointed financial and/or personal decision-making authority over and/or who lives with the employee
  • Any other person whom the employee (or their spouse) has court-appointed financial and/or personal decision-making authority over

What is considered a serious health condition under MD FAMLI?

To qualify as a serious health condition, the illness or injury (including physical or mental conditions) must meet at least one of the following criteria:
  • Inpatient care
  • Involve the donation of an organ
  • Continuing treatment by a licensed health care provider for a period of disability due to:
    • Pregnancy
    • A chronic condition
    • A period of disability due to a permanent or long-term condition
  • Absences to receive multiple treatments
  • A period of incapacity of 3 or more days involving multiple treatments
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This information is subject to change pending the adoption of final rules from the Maryland FAMLI Division. Further, this material is for informational purposes only and is not intended to provide legal counsel. Please consult with an appropriate professional for legal and compliance advice. Any program information is based on our knowledge and understanding of Maryland’s applicable laws and regulations as of the publication date and may change as regulations evolve or Maryland Department of Labor issues updated guidance. Further, this material is for illustrative purposes only, providing a general overview of the services described. It is not a contract nor intended as an offer of coverage.

Policies are subject to Underwriting approval. Policies are reviewed annually and may be cancelled for nonpayment. All coverage extends to limits reflected in the policy. Please refer to the policy for coverage details pursuant to its governing law, including a complete listing of covered services, provisions, conditions, exclusions, limitations, and terms under which the policy may be continued or cancelled. In the event of conflicting information with the policy and its governing Law, the policy and governing Law will take precedence over what is shown in this material. Claim payment is not guaranteed; benefit amount depends on wages. All images licensed through iStockphoto.

Maryland’s Time to Care Act (TTCA) (as reflected in MD Code Lab. & Empl. §§ 8.3-101 et seq.) and any Rules and Regulations established by the Maryland Department of Labor FAMLI Division govern this Private Plan and its interpretation and administration. Available in MD only.

Underwritten by: ShelterPoint Life Insurance Company (principal office in Garden City, NY) in: MD (form# pending); rates subject to approval by the Maryland Insurance Administration.

 

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