The Maryland FAMLI program is a state-run paid family and medical leave insurance system that will pay eligible workers up to 12 weeks of partial wages when they welcome a new child, recover from a serious illness, care for a sick family member, or handle military family needs. Created by the Time to Care Act of 2022, FAMLI is funded through payroll contributions that begin in January 2027, and benefits become available starting in January 2028.1Maryland FAMLI. Paid Family and Medical Leave Is Coming to Maryland
Two dates matter most. Payroll deductions begin with the first pay period in January 2027, giving the fund time to build reserves.2Maryland FAMLI. For Employers Claims open in January 2028.1Maryland FAMLI. Paid Family and Medical Leave Is Coming to Maryland
Who Qualifies for Benefits
FAMLI reaches nearly every workplace in the state. Any person or government entity that employs at least one individual in Maryland counts as an employer, which pulls in private businesses of every size, nonprofits, and state and local agencies. The only carve-out is a sole owner who is the only worker in their own entity.3Maryland General Assembly. Maryland Code Labor and Employment 8.3-101
To collect benefits, you need at least 680 hours of work in a position localized in Maryland during the four calendar quarters before you file a claim or begin leave. There is no age minimum and no income floor.4Maryland FAMLI. About the Program
Federal government employees working in Maryland are outside the program. They do not contribute to the fund and cannot draw benefits from it.5Maryland FAMLI. FAMLI Frequently Asked Questions October 2025 Federal workers should look to the separate paid parental leave policy for federal employees.
Self-Employed Workers and Independent Contractors
If you’re self-employed or working as an independent contractor, you can opt into FAMLI voluntarily. Opting in commits you to at least three years in the program, during which you report your income and pay the required contributions. In exchange, you get the same access to paid leave benefits as traditional employees.
Reasons You Can Take Leave
Five situations trigger FAMLI coverage:6Maryland General Assembly. Maryland Code Labor and Employment 8.3-302 – Purpose to Provide Temporary Benefits
- Bonding with a new child during the first year after birth, foster placement, kinship placement, or adoption.
- Caring for a family member with a serious health condition.
- Recovering from your own serious health condition that keeps you from working.
- Caring for a service member if you are their next of kin.
- Handling military exigencies when a family member is deployed or on active duty, such as attending official events or managing legal and financial matters.
Who Counts as a Family Member
Maryland’s family definition is broader than most people expect. It covers your spouse, domestic partner, children, parents, grandparents, grandchildren, and siblings, and each of those categories includes biological, adoptive, foster, and step-relationships. Legal guardians and wards are covered, as is anyone who stood in a parental role when you or your spouse were minors.7Library of Maryland Regulations. COMAR 09.42.01.01 – Definitions
How Much Leave You Can Take
You can take up to 12 weeks of paid leave in a 12-month period. If you experience your own serious health condition and welcome a new child in that same year, you may qualify for up to 12 weeks for each event, for a combined maximum of 24 weeks.8Maryland FAMLI. For Employees
Leave can run continuously or intermittently. Intermittent leave is useful for recurring medical treatments or other situations where you need time off in pieces rather than all at once. Your claim should say which arrangement you need.
What FAMLI Will Pay
Benefits scale with your wages compared against the statewide average weekly wage, with lower earners replacing a larger share of their income:9Library of Maryland Regulations. COMAR 09.42.04.06 – FAMLI Benefit Calculation
- If you earn 65% or less of the state average weekly wage, your benefit equals 90% of your average weekly wage.
- If you earn more than 65% of the state average weekly wage, you get 90% of the portion up to that threshold, plus 50% of the wages above it, up to the weekly maximum.
The maximum weekly benefit is calculated using the statewide average weekly wage in effect when your approved leave begins, and that amount stays fixed for the duration of your claim.
What Comes Out of Your Paycheck
FAMLI is funded through payroll contributions shared between employers and employees. The current total rate is 0.9% of wages, split evenly at 0.45% for the employer and 0.45% for the employee. The Secretary of Labor can adjust the rate to keep the fund solvent, but it cannot exceed 1.2% of wages.10Maryland FAMLI. Contributions
Contributions apply only to wages up to the Social Security wage base, which is $184,500 for 2026.11Social Security Administration. Contribution and Benefit Base Earnings above that cap are not deducted for FAMLI.
Small employers with fewer than 15 total employees (counting Maryland and out-of-state workers together) only collect and remit the 0.45% employee share. They do not pay the employer portion.10Maryland FAMLI. Contributions Workers at smaller businesses still contribute and remain fully eligible for benefits.
Filing a Claim
You’ll need your Social Security Number or Individual Taxpayer Identification Number, along with your employer’s name and mailing address so the Department of Labor can cross-reference payroll contribution records. Health-related claims require a licensed provider to complete the state’s medical certification form, identifying when the condition began, how long you’ll need leave, and whether it’s continuous or intermittent. When you’re caring for a family member, the provider also has to confirm that your presence is necessary. Military exigency claims require copies of active duty orders or other official documentation.
Fill every field. Incomplete applications are the most common reason claims stall. The state’s online portal is the fastest route and gives immediate confirmation of receipt; you can also mail a paper application. Approved claimants receive payments by direct deposit or a prepaid debit card.
If Your Claim Is Denied
You have 30 days to request reconsideration in writing. A different reviewer, not the person who made the initial decision, issues a reconsideration decision within 10 business days, and an informal conference may be held during that period. If the reconsideration goes against you, you have another 30 days to file a formal appeal. A hearing is normally scheduled within 30 days of filing, you can be represented by counsel, and the hearing officer’s written order is subject to judicial review. Workers covered under an employer’s private plan appeal through the same process.
Job Protection During Leave
FAMLI leave is job-protected. When your approved leave ends, you’re entitled to return to your position or an equivalent one.1Maryland FAMLI. Paid Family and Medical Leave Is Coming to Maryland That protection reaches further than the federal FMLA, which only applies to employers with 50 or more employees. Under FAMLI, workers at very small businesses get job protection too.
How FAMLI Lines Up With Federal FMLA
The federal Family and Medical Leave Act provides up to 12 weeks of unpaid, job-protected leave, but only for workers at employers with 50 or more employees within 75 miles, and only after 1,250 hours of work over 12 months for that employer.12U.S. Department of Labor. FMLA Frequently Asked Questions FAMLI’s threshold is lower: 680 hours and any employer with at least one Maryland employee.4Maryland FAMLI. About the Program
When you qualify for both, the leaves generally run at the same time rather than stacking. FMLA is unpaid by design, so drawing FAMLI benefits during an FMLA-qualifying absence gives you pay while the same weeks count against both programs.12U.S. Department of Labor. FMLA Frequently Asked Questions For workers at companies too small for FMLA, FAMLI is often the only source of paid benefits and job protection.
Federal Income Tax Treatment
The IRS split family and medical leave benefits in Revenue Ruling 2025-4:13Internal Revenue Service. Revenue Ruling 2025-4
- Family leave benefits (bonding, military exigency, caring for a family member) are fully included in your federal gross income. Maryland will issue a Form 1099 for payments over $600.
- Medical leave benefits (your own serious health condition) are split. The portion tied to your own employee contributions is generally tax-free; the portion tied to your employer’s contributions is taxable.
Neither type of benefit is subject to Social Security or Medicare tax withholding. If your employer voluntarily pays your share of the contribution on your behalf, that pick-up amount is treated as taxable wages to you. Plan for the tax hit at filing time, especially on family leave payments, since no automatic federal withholding may come out.