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

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 (also known as an Equivalent Private Insurance Plan, or EPIP): 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 employees the 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.

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 by filing a Declaration of Intent. 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.

Steps for completing a DOI:

  1. Download and complete signed Proof of Private Plan Consultation
    A licensed insurance agent or other representative of an insurance company in Maryland must complete and sign the form.
    Download Proof of Private Plan Consultation.

  2. Register with FAMLI
    Authorized Officers will be able to register with FAMLI at paidleave.maryland.gov starting September 1, 2026.

  3. Upload the completed Proof of Private Plan Consultation
    Once an Authorized Officer registers, they can upload the Proof of Private Plan Consultation through your FAMLI account and submit their DOI.
    Please note: FAMLI won’t accept forms that are unreadable, incomplete, or not signed.

  4. Receive DOI decision
    A submission confirmation email will be sent to the Authorized Officer’s email address.FAMLI will notify the Authorized Officer of the outcome of the DOI submission within 15 business days.

For more details and FAQs about this process please visit paidleave.maryland.gov .

 

Employee Meeting

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 a private plan 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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ShelterPoint is the brand name for ShelterPoint Life Insurance Company (a NY-domiciled carrier with its principal office in Garden City, NY) and its wholly owned subsidiary, ShelterPoint Insurance Company (a FL-domiciled carrier, licensed in all states excluding NY, CA, and MI). Coverages may be underwritten by either carrier depending on the state. Not all products, features, and services are available in all states. ShelterPoint is wholly owned by Protective Life Insurance Company ("Protective"), an Omaha, Nebraska domiciled carrier that is licensed in all states excluding NY.
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