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Compliance Alert - Maryland Family & Medical Leave Insurance

Compliance Alert - Maryland Family & Medical Leave Insurance

January 31, 2025

The state of Maryland has postponed the Family & Medical Leave to begin January 2028. Employers choosing to be administered by the state of Maryland will begin payroll deductions January 1, 2027 and remitting payments to the state in April of 2027. Information on private insurance options will be available around the spring of 2026.

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The Maryland Family and Medical Leave Insurance (FAMLI) program, also known as the ‘Time to Care Act’ becomes effective July 1, 2026. FAMLI expands on employee leave rights for employees and employers not covered by FMLA. Under FAMLI, eligible employees are entitled to up to 12 to 24 weeks of job-protected, paid leave per year.

Eligible leave is available for instances such as:

  • To care for a child during the first year after the child’s birth or after the placement of the child through foster care, kinship care, or adoption
  • To care for a family member with a serious health condition
  • A serious health condition that results in the employee being unable to perform the functions of their job
  • To care for a service member for whom the covered employee is next of kin
  • When an employee has a qualifying exigency arising out of the deployment of a service member who is a family member of the covered employee

This program is funded by employer and employee payroll tax contributions. Although all employers in the State are required to provide leave, only employers with 15 or more employees company-wide must contribute to the program.

While July 1, 2026, may look to be farther out on the calendar than what most employers are planning for at the moment, it will be here before we know it. Employers need to notify the State of Maryland of their intent to contribute directly via the State or via a private insurer between May 2025 and August 2025.

An advantage of a private insurance program is that employers are exempt from remitting contributions to the State’s Trust Fund for future quarters – that includes early contributions to pre-fund the State Plan that employers would otherwise need to start withholding from their employees in July 2025 and begin remitting to the State in October 2025 quarterly. With private insurance, premiums are not due before the benefit goes into effect in 2026.

Blue Ridge Risk Partners has private insurance solutions and is ready to discuss and assist in obtaining this coverage, so that together we can move forward with confidence.

Resource: Paid Family and Medical Leave