Maryland Paid Family and Medical Leave
On April 9, 2022, Maryland passed a Paid Family and Medical Leave program (MD PFML). Starting July 1, 2026, workers will receive job protection and be able to take time away from work to care for themselves or a family member.
Important upcoming dates:
July 1, 2025: Contributions to the state program begin.
July 1, 2026: Benefits begin.
The Maryland Paid Family and Medical Leave law allows employers to meet their compliance obligations by either choosing to provide coverage through the state plan or a private plan. The private plan may either be self-funded or fully insured through a state-approved insurance carrier. State approval is required.
Guardian will be offering a fully-insured private plan. Details regarding the private plan application process will be forthcoming.
Starting on July 1, 2026, MD PFML will allow paid time off for the following leave reasons:
Bond with a new child (birth, adoption, or foster care)
Care for a family member with a serious health condition
Care for a service member who is the employee’s next of kin
Qualifying military exigency arising from the deployment of a service member who is a family member
Medical leave for an employee’s own serious health condition
All employers with at least one worker in Maryland will be required to provide paid family and medical leave coverage.
To be eligible to receive benefits, an employee must have worked at least 680 hours in employment located in Maryland during the four most recently completed calendar quarters before the start of their leave.
All employees, inclusive of seasonal and part-time employees, working in Maryland will be eligible for benefits. There are no exemptions.
Bond with a new child within one year of birth, adoption, or foster placement
Care for a family member with a serious health condition
Care for a service member who is the employee’s next of kin
Qualifying military exigency arising from the deployment of a service member who is family member
Medical leave for an employee’s own serious health condition
Employees may take leave to care for the following family members:
Spouse or domestic partner
Child (including biological adopted, foster, stepchild, child of whom the employee has legal or physical custody or guardianship, in loco parentis)
Parent (including biological, adopted, foster, or stepparent of employee or employee’s spouse)
Grandparent (including biological, adopted, foster, or step-grandparent) of the employee
Grandchild (including biological, adopted, foster, or step-grandchild) of the employee
Sibling (including biological, adopted, foster, or step-sibling) of the employee
Covered employees will receive a weekly benefit that varies depending on their income:
90% of the employee’s average weekly wage (AWW) that is less than or equal to 65% of the state average weekly wage (SAWW), plus
50% of the employee’s AWW that is greater than 65% of the SAWW
For 2026, the maximum weekly benefit will be $1,000 per week, and the minimum weekly benefit will be $50 per week. Both benefits will be subject to change annually.
In an application year, an eligible employee will be entitled to a maximum of:
12 weeks total for any combination of leave reasons
An additional 12 weeks is available if, during the same application year, the employee:
received medical leave and becomes eligible for bonding leave; or
received bonding leave and becomes eligible for medical leave
MD PFML will be funded by employee and employer contributions. Contributions for the state program will begin July 1, 2025. The state rate is set at 0.90% of employee’s wages through June 30, 2026. The rate is subject to change annually every July 1.
The state rate is statutorily capped, and may not exceed 1.2% of employee’s wages. Wages are capped at the Social Security Wage Base.
Contribution sharing between employers and employees depends on employer size.
For employers with 15 or more employees: The employee may be responsible for up to but no more than 50% of the premium, with the employer responsible for the remainder. Employers can choose to cover some or all of the employee’s portion of the premium along with their 50%.
For employers with fewer than 15 employees: The employee may be responsible for up to but no more than 50% of the premium. Employers can choose to cover some or all of the employee’s portion of the premium and do not have to pay the employer’s share of the premium.
The Maryland FAMLI (Family And Medical Leave Insurance) Division will release more information about the application process once it has been finalized. The Division will implement a Declaration of Intent (DOI) process in May 2025. At that time, employers will be able to submit a DOI to notify the Division that they intend to offer a private plan. If an employer's DOI is accepted, they will not contribute to the state plan for the quarters the DOI is in effect. If the employer does not ultimately offer a private plan, they will be responsible for all contributions that would have been due, in addition to interest charges.
Employers will be required to notify employees about their rights and benefits under the new Maryland Paid Family and Medical Leave law starting in January 2026. Maryland FAMLI will provide written notices, and other informational materials that employers can use to meet their requirements.
Guardian can help you manage it all
Effective employee leave management is key to ensuring your business remains compliant with state laws, helping you avoid costly fines.
Guardian has provided employers with statutory disability plans for more than a decade, taking a consultative approach to bring resources together for successful PFML plan implementation and management, no matter the level of complexity. Our management of PFML plans help ensure that any Human Resources team can meet the challenge of efficiently managing employee leaves while helping to ease administrative burden and enhancing compliance. Our plans are fully insured, state-approved, and backed by digital capabilities designed to help make administration easier.
Further, our Guardian absence management solutions can help reduce the administrative burden and enhance compliance with the integrated management of STD and LTD benefits, state and federal family medical leaves, and company leaves. Available to companies with 50 or more employees, employers can choose from a variety of plans and service options, including ADA support.
Information provided on this blog is intended for general educational use. It is not intended to provide legal advice. Guardian does not provide legal services. Consult an attorney for legal advice on this or any other topic.
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