Maryland maternity leave today means unpaid, job-protected time off under state and federal law, supplemented by whatever paid time your employer offers. That changes in January 2028, when the state’s Family and Medical Leave Insurance program (FAMLI) begins paying eligible parents up to $1,000 per week for as long as 12 weeks to bond with a new child or recover from childbirth.1Maryland FAMLI. About the Program
What You Can Take Right Now
Until FAMLI payments start, your rights depend on the size of your employer and how long you’ve been there.
Employers With 50 or More Employees: Federal FMLA
The federal Family and Medical Leave Act provides up to 12 weeks of unpaid, job-protected leave, but only if your employer has at least 50 employees within 75 miles and you’ve worked there for at least 12 months and logged at least 1,250 hours in that period.2U.S. Department of Labor. Fact Sheet 28 – The Family and Medical Leave Act FMLA guarantees your job stays open. It does not pay you.
Employers With 15 to 49 Employees: Maryland Parental Leave Act
Maryland’s Parental Leave Act covers the companies too small for FMLA but large enough that the state requires them to hold your job.3Maryland General Assembly. Maryland Code Labor and Employment 3-1201 – Definitions You qualify if you’ve worked for the same employer for at least 12 months and logged at least 1,250 hours during that period. Meet those requirements and you’re entitled to six workweeks of unpaid leave in any 12-month period for the birth of a child or placement of a child through adoption or foster care.4Maryland General Assembly. Maryland Code Labor and Employment 3-1202
Two caveats. If your employer already provides paid leave, they can require you to use it as part of the six-week period rather than on top of it. And an employer can deny leave outright by showing it would cause “substantial and grievous economic injury” to the business, though they must notify you before the leave begins.4Maryland General Assembly. Maryland Code Labor and Employment 3-1202 That exception is narrow.
Using Your Paid Time Off
Maryland’s Flexible Leave Act applies to any employer with 15 or more workers that already provides paid leave of any kind — sick days, vacation time, or compensatory time. The law lets you use that accrued time to care for an ill immediate family member, including your child, spouse, or parent.5Maryland General Assembly. Maryland Code Labor and Employment 3-802 – Leave for Illness of Immediate Family6Maryland Department of Labor. Employees and Employers – Important Guidelines The Act does not create new paid days; it prevents your employer from restricting how you use what you’ve earned.
Separately, Maryland’s Healthy Working Families Act requires most employers with 15 or more workers to provide earned sick and safe leave at a rate of one hour for every 30 hours worked.7Maryland Department of Labor. Sick and Safe Leave – Employment Standards Service Smaller employers must still allow accrual, though the leave may be unpaid. On its own, this won’t cover a full maternity absence, but stacked with FMLA or the Parental Leave Act it puts some pay behind otherwise unpaid weeks.
Paid Leave Starting in 2028: The FAMLI Program
FAMLI is a statewide insurance program that will pay partial wages during leave for a new child, a serious health condition, or other qualifying family reasons. It was created under Title 8.3 of the Maryland Labor and Employment Article, and nearly every Maryland employer with at least one employee must participate. The only exception is a sole owner who is the sole employee of their own business.8Maryland General Assembly. Maryland Code Labor and Employment 8.3-101
The dates have shifted from earlier reports. Payroll contributions begin January 1, 2027, and benefit payments start in January 2028. The gap gives the state time to build up the trust fund before it starts paying claims.1Maryland FAMLI. About the Program
Who Qualifies
You’ll need at least 680 hours of work performed in Maryland during the four calendar quarters before your leave begins. That’s roughly 17 hours a week over a year, well below the federal FMLA threshold of 1,250 hours. Hours don’t have to be with a single employer; any Maryland work counts.9Maryland FAMLI. For Employees
Once eligible, you can take up to 12 weeks of paid leave per year to bond with a newborn or a child placed through adoption or foster care. If you also have your own serious health condition — complications from a C-section, for example — additional medical leave may be available, subject to the combined maximum the statute allows.1Maryland FAMLI. About the Program
How Much You’ll Receive
The weekly benefit is tied to your average weekly wage relative to the statewide average. If you earn 65 percent or less of the state average, you receive 90 percent of your own average weekly wage. If you earn more, the formula blends two tiers: 90 percent of the portion up to 65 percent of the state average, plus 50 percent of anything above that line.10Library of Maryland Regulations. COMAR 09.42.04.06 – FAMLI Benefit Calculation The cap is $1,000 per week.9Maryland FAMLI. For Employees
In practice, lower-wage workers replace a larger share of their income. Someone earning $600 a week would receive about $540. A worker making $1,500 a week hits the $1,000 cap. Your benefit amount locks in when leave starts and stays the same through the claim.
What You’ll Pay In
Employees and employers split the cost of FAMLI. Starting in January 2027, your employer will deduct your share from each paycheck at less than 1 percent of wages. Your employer can pass up to 50 percent of the total contribution rate to you. As an example from the state’s own materials: at a total rate of 0.9 percent and a $1,000 paycheck, your share would be up to $4.50 per pay period.9Maryland FAMLI. For Employees
How FAMLI and FMLA Interact
FAMLI fills gaps FMLA leaves open. It covers employers of any size, sets a lower hours threshold, and actually pays you during leave. If you qualify for both, they generally run concurrently — you don’t get 12 weeks of FMLA plus 12 weeks of FAMLI back to back.1Maryland FAMLI. About the Program
Taxes on FAMLI Benefits
The IRS ruled on state paid-leave benefits in Revenue Ruling 2025-4. Family bonding benefits count as federal gross income, so you’ll owe federal income tax on them. They aren’t wages for employment tax purposes, so they aren’t subject to Social Security, Medicare, or federal unemployment taxes.11Internal Revenue Service. Revenue Ruling 2025-4
The state will issue a Form 1099 for benefits above $600 in a calendar year. Nothing is automatically withheld unless you request it, so setting aside roughly 10 to 22 percent of your benefits for taxes (depending on your bracket) prevents a surprise at filing time. The $1,000 weekly maximum is a pre-tax number.
Medical leave benefits follow different rules. If you’re receiving FAMLI for your own serious health condition rather than bonding, the portion attributable to your own contributions is generally not taxable, while the portion tied to employer contributions is.11Internal Revenue Service. Revenue Ruling 2025-4 A maternity claim that covers both recovery and bonding may be taxed at different rates depending on how the claim is categorized.
If You’re Self-Employed
Self-employed Marylanders are not automatically part of FAMLI. The program will eventually allow voluntary opt-in for self-employed residents, but the state has said details and enrollment won’t be available until 2028.1Maryland FAMLI. About the Program Freelancers, independent contractors, and sole proprietors currently have no state-level paid maternity leave. Short-term disability insurance or personal savings are the practical fallbacks.
Filing a Claim and Appealing a Denial
When FAMLI benefits open in 2028, claims will be filed through the state’s online portal at paidleave.maryland.gov. Your employer must register with the FAMLI Division and will be notified when you submit a claim.12Maryland FAMLI. For Employers Claims involving childbirth recovery or a serious health condition require medical certification from a licensed healthcare provider. Have your provider’s contact information, expected delivery date, and planned leave dates ready.
If your claim is denied, you can request reconsideration from the FAMLI Division. If the denial stands, you have 30 days to file a formal appeal. The Division will normally schedule a hearing within 30 days of that filing. You may bring legal representation, and the Division will issue a written decision that can be taken to judicial review if needed.
For unpaid leave under the Parental Leave Act, the process runs through your employer’s HR department. Give written notice as far in advance as practical, include medical documentation confirming pregnancy or adoption placement, and keep copies of everything you submit. Retaliation complaints go to the Maryland Department of Labor.