Since 2022, businesses across Maryland have been watching the progress and evolution of the state’s paid family medical leave program, known as “FAMLI,” which passed the same year the Maryland General Assembly overrode then-Gov. Larry Hogan’s veto to enact the law.
As the state Department of Labor builds the infrastructure needed to begin paying benefits to employees Jan. 1-3, 2028, details are still taking shape.
Local businesses are monitoring developments to ensure that they’re ready to make informed decisions and meet compliance requirements on schedule to provide coverage to workers.
Though Maryland’s paid family medical leave benefits were delayed two more years, the program’s primary benefits and covered leave reasons remain the same. This includes bonding with a new child, caring for a family member with a serious health condition, addressing one’s own serious health condition and certain military-related needs.
Proposed state regulations regarding how to file a claim and other details are still under review and have not yet been finalized, so some elements may be adjusted as the rulemaking process continues.
Businesses that intend to meet the Maryland PFML requirements through a private equivalent plan insurance program, rather than the state FAMLI plan, will be required to follow what’s called the “declaration of intent” process once it’s finalized in the upcoming rules.
The declaration of intent period is expected to open this fall, and employers planning to pursue an EPIP need to file their declaration by the deadline. This required step will play an important role in determining an employer’s contribution and compliance obligations, beginning in 2027. The state will be sharing more detailed instructions about the declaration of intent process soon.
Sarah Coli
Counsel, ShelterPoint
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