UrgentHR Compliance

July 2026  ·  Bayside Planning Group

Maryland's New Paid Leave Law Is Coming Fast — And You Have a Decision to Make This Fall

Maryland has finalized regulations for its Paid Family and Medical Leave Insurance (FAMLI) program. If you have even one employee who lives in Maryland, this applies to your business — regardless of where your company is located.

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Applies to all employers with at least one employee working in Maryland or at a Maryland location — including Virginia and other out-of-state companies

⏰  Why This Can’t Wait

Employers must choose between the Maryland State Plan and an approved Private Insurance Plan — and that election must be made this fall. All covered employers must register between September 1 and November 15, 2026 and declare their plan choice — State Plan or Private Plan — at that time. The cost difference between the two options can be significant, but you cannot compare them without first calculating your State Plan cost and getting a Private Plan quote.

Background

What Is Maryland FAMLI?

Maryland’s Family and Medical Leave Insurance (FAMLI) program was enacted in April 2022 to provide partially compensated, job-protected leave for employees dealing with personal or family health needs. After several delayed start dates, the state has now issued its final regulations — and the clock is running.

FAMLI provides eligible employees with paid, job-protected leave for qualifying reasons including their own serious health condition, caring for a family member, bonding with a new child, or military-related needs. Benefits are funded through payroll contributions from both employers and employees.

Coverage

Who Does This Apply To?

The scope is broader than many employers realize. Coverage is based on where employees live, not just where they work.

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Maryland Employers

All employers with at least one employee working in Maryland are covered. Employers with fewer than 15 employees are not required to contribute but are still subject to the law’s requirements.

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Out-of-State & Virginia Employers

Employers headquartered outside Maryland — including Virginia-based companies — must provide FAMLI coverage if any of their employees perform work in Maryland or at a Maryland location. Where your company is headquartered does not matter; it’s where the work is performed.

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Eligible Employees

Employees who work at least 12 hours per week in a position localized in Maryland are covered. This includes remote employees working from a Maryland location for an out-of-state employer.

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Penalties for Non-Compliance

Penalties for failing to comply are extensive. Employers are also liable for any employee contribution they fail to withhold and remit. Do not assume this doesn’t apply to you without checking.

Key Dates

The Timeline You Need to Know

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Fall 2026 — Action Required Now

Elect State Plan or Private Plan

Employers must decide whether to participate in the Maryland State Plan or elect an approved Equivalent Private Insurance Plan (EPIP). This decision must be made before the end of this year. Don’t wait — get your quotes now so you can compare costs before the deadline.

1

April 2027

Quarterly Wage & Hour Reporting Begins

All employers, regardless of plan type, must submit quarterly wage and hour reports beginning April 2027.

2

January 1, 2027

State Plan Contributions Begin

If you elect the Maryland State Plan, payroll contributions begin January 1, 2027 — a full year before benefits are available. Employers must provide written notice to employees at least one pay period before withholding begins.

3

January 1, 2028

Private Plan Premiums Begin & Benefits Available

If you elect a Private Plan, premium payments do not begin until January 1, 2028. Benefits become available to employees between January 1, 2027 and January 3, 2028, as determined by the Maryland Secretary of Labor.

Your Decision

State Plan vs. Private Plan — What's the Difference?

Every employer covered by FAMLI must choose one of two paths. Both must provide equivalent benefits to employees, but the cost and administrative experience can differ meaningfully.

FactorMaryland State PlanPrivate Plan (EPIP)
Who administers claimsMaryland FAMLI DivisionApproved private insurance carrier
When contributions beginJanuary 1, 2027January 1, 2028
CostSet contribution rateCompetitive — may be lower than state rate
Benefit levelState-defined benefitMust match or exceed state benefit
Self-insured optionN/AAvailable for employers with 50+ employees
Annual renewalAutomaticMust reapply for approval every year
Minimum commitmentOngoingAt least one year once approved

State Plan Contribution Rates

Use these figures to calculate your estimated annual cost — then compare to a Private Plan quote.

Groups of 1–14 employees

0.45% of covered wages (up to Social Security cap)
Employer may collect full amount from employees

Groups of 15+ employees

0.90% of covered wages (up to Social Security cap)
50/50 split — employer may collect half from employees

Maximum weekly benefit to employees

$1,000/week
Adjusted annually each January 1st

Benefits cap

Cannot exceed 100% of employee’s average weekly wage

Important: If an employee has multiple jobs, the wage cap applies per job — only wages earned from that position count toward the cap. Private Plan contribution rates cannot exceed the State Plan rate.

Private Plans

What You Need to Know About Private Insurance Plans (EPIPs)

A Private Plan is a FAMLI Division-approved alternative to the State Plan. There are two types: commercial plans (through an approved insurance carrier) and self-insured plans (available only to employers with 50+ employees). Bayside Planning Group works with several Maryland-approved carriers who are currently open to providing quotes.

Application & Timing

Applications can be submitted at any time. Fees range from $100–$1,000 depending on employer size. Employers must participate in the State Plan until the EPIP’s approved effective date.

Commitment Period

Once a Private Plan is approved, the employer must stay in it for at least one year. Plans must be re-approved annually. All employees must be covered under the plan.

Declaration of Intent

Employers intending to use a Private Plan may submit a Declaration of Intent (DOI) during the submission period. From the DOI’s effective date until plan approval, all contributions must be held in escrow.

Self-Insured Plans

Available only to employers with 50+ employees. Subject to special requirements including surety bond provisions and additional reporting requirements.

Key Employer Obligations Under FAMLI

Provide written notice to all employees of contribution withholding at least one pay period before it begins
Submit quarterly wage and hour reports beginning April 2027 — all employers regardless of plan type
Designate leave as FMLA leave when it runs concurrently and inform employees of FAMLI eligibility
Notify employees of FAMLI rights within five days of a leave request or knowledge that leave may qualify
Notify the FAMLI Division before taking action against an employee for failure to provide adequate notice of intermittent leave
Provide written policies to employees in advance if requiring use of Alternative FAMLI Purpose Leave (AFPL)

Employer Pitfalls to Watch

!Assuming FAMLI only applies if your office is in Maryland — coverage is based on where employees live, not where they work
!Waiting until 2027 to start the Private Plan process — approvals take time and the election window is this fall
!Defaulting to the State Plan without calculating costs first — in many cases a Private Plan will be less expensive
!Missing the contribution notice requirement — written notice to employees is required at least one pay period in advance
!Failing to account for employees with multiple jobs — the wage cap applies per job, not per employee

What to Do Now

Three Steps Every Covered Employer Should Take Before Fall

Time is short. Here’s how to get ahead of this before the election window closes.

1

Calculate your Maryland State Plan cost.

Use the contribution rates above — 0.45% or 0.90% of covered wages depending on your group size — applied to your Maryland employees’ wages up to the Social Security wage cap. This is your baseline for comparison.

2

Get a Private Plan quote from a Maryland-approved carrier.

Bayside Planning Group works with several approved carriers who are actively quoting right now. Contact us and we’ll get competing quotes on your behalf.

3

Compare the two and make your election before the fall deadline.

Once you have both numbers, you can make an informed decision. There’s no way to know which structure is better for your company without doing this comparison first.

Questions about Private Plans or need help getting quotes?

Michelle Halpin, CEBS
Bayside Planning Group

This post is intended for general informational purposes only and does not constitute legal or benefits advice. Employers should consult legal counsel and a qualified benefits advisor to assess their specific obligations under Maryland FAMLI. Contribution rates and benefit amounts are subject to change pending final legislation or rule making from the Maryland legislature and FAMLI Division.