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Do Employers Have to Provide Maryland PFML Through the State Plan?

Maryland employers have the option to provide Maryland's state mandated Paid Family and Medical Leave (PFML; State Program referred to as FAMLI), also referred to as Equivalent-Private Insurance Plan (EPIP) in Maryland specifically.

All Private Plans must provide equal or better benefits in comparison to the State and cover all employees required by the State Plan.



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What is a Maryland PFML Private Plan?

Maryland allows for two types of Private Plans: self-insured (either employer-administered or administered through a TPA), or fully insured through a private carrier like ShelterPoint.

What type of Private Plan alternative employers can provide, depends on their group size:
  • A Private Plan for employers with less than 50 employees can only be in the form of an insurance policy from an approved carrier, such as ShelterPoint.
  • For employers with 50 or more employeesthe plan can be either self-insured (self-administered or TPA-administered) or in the form of a fully insured insurance policy issued by an approved carrier, such as ShelterPoint.
Regardless of the type of Private Plan, it must meet the following requirements:
  • Provide equal to or better benefits than the Maryland FAMLI State Plan
  • Cover all employees eligible under the State Plan
  • Deduct no more from employees than what their maximum contribution would be through the State Plan
  • Is approved by the Maryland Department of Labor FAMLI Division (the FAMLI Division)

Obligations and notice requirements remain the same whether an employer has the State Plan or a Private Plan.


Why Would an Employer Want to Provide a Private Plan?


Let’s look at some advantages of a fully insured Private Plan:

  • 1
  • 2
  •   3
Reason 1
Private carriers like ShelterPoint have built the experience, scalability, and agility to manage statutory benefits insurance and have the resources to continuously expand and enhance capabilities to provide smooth service from onboarding to claims.

Reason 2
Private Plan carriers have resources to help employers remain adequately informed.

Reason 3
Insurance carriers like ShelterPoint have long-standing experience around administering and paying claims, which contributes to fast claims turnaround and smooth claims service.


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How to Apply for a Fully Insured Maryland PFML Private Plan through ShelterPoint

The process will start with a formal notice to the MD FAMLI Division that an employer is planning to provide coverage through a Private Plan, also known as Declaration of Intent (DOI). The application window for employers who wish to submit their Declaration of Intent (DOI) will be September 1, 2026-November 15, 2026. Employers who want to offer a private plan will be able to submit their DOI at paidleave.maryland.gov during this window. The DOI application form will be released by the division at a later date.

After approval of a DOI, employers will be required to formally apply for FAMLI to approve their private plans in 2027. An employer does not need to have an approved DOI to apply for an EPIP once the Division begins accepting EPIP exemption applications.

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What to Know When Providing a Fully Insured Maryland PFML Private Plan through a Private Insurance Carrier

  • The employer must still electronically submit wage and hour reports every quarter but will pay their premium to the insurance carrier instead of the State.
  • The employer cannot withhold more than the State-allowed maximum contribution from their employees.
  • Once the Private Plan is in effect, employees apply for their Maryland PFML benefits directly with their employer’s Private Plan carrier.

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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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