Maryland’s Paid Family and Medical Leave Program: What’s Coming in 2028?

Written by Caroline Westervelt, Legal Intern at Preller Law Firm
Reviewed by Samantha N. Pearl, Esq.

Beginning January 1, 2028, eligible Maryland employees will be able to receive paid leave to care for themselves and their families under the state’s new Family and Medical Leave Insurance (FAMLI) program. However, important changes affecting Maryland employers and employees will begin as early as January 2027.

Maryland’s Time to Care Act represents a significant expansion of workplace protections for employees who need time away from work due to serious health conditions, the birth or adoption of a child, or other qualifying family circumstances.

Here is what Maryland workers and employers should know about the new law, how the program will work, and when these changes will take effect.

What Is Maryland’s Time to Care Act?

In April 2022, the Maryland General Assembly overrode Governor Larry Hogan’s veto to enact the Time to Care Act (TTCA). The law took effect on June 1, 2022, although most of its key provisions were scheduled to phase in over the following years.

The law was designed to support individuals during serious health conditions, family emergencies, caring for a newborn, and other qualifying events. TTCA established the state’s Family and Medical Leave Insurance (FAMLI) program, which creates a fund to provide up to twelve weeks of paid leave to eligible individuals.

For additional background on the law’s enactment, see Baker Donelson’s article, “Time to Care? By Veto Override, Maryland Enacts Paid Family Leave“. 

Unlike the federal Family and Medical Leave Act (FMLA), which generally provides eligible employees with unpaid, job-protected leave, Maryland’s FAMLI program will provide qualifying employees with partial wage replacement during approved periods of leave.

How Does Maryland’s Paid Family Leave Program Work?

FAMLI operates as a form of social insurance funded through payroll contributions from Maryland employees and employers.

Beginning January 1, 2027, the total contribution rate will be 0.9% of covered wages, up to the applicable Social Security wage cap. For most employers, this contribution will be divided equally:

• Employees: Up to 0.45% of covered wages.
• Employers with 15 or more employees: The remaining 0.45%.
• Employers with fewer than 15 employees: Generally exempt from paying the employer share, but still responsible for collecting and remitting required employee contributions.

For example, an employee earning $1,000 per paycheck could have up to $4.50 deducted for FAMLI contributions.

These contributions will fund benefits for qualifying workers beginning in January 2028.

Eligible employees may receive partial wage replacement of up to $1,000 per week, depending on their earnings and the applicable benefit calculation.

What Qualifies for Paid Family and Medical Leave in Maryland?

Under the Time to Care Act, eligible Maryland employees may qualify for paid leave for several important life events, including:

• Welcoming a new child: Caring for a newborn or preparing for or bonding with a child during the first year following adoption, foster care, or kinship placement.
• Recovering from a serious health condition: Taking time away from work for an illness, injury, surgery, or other qualifying medical condition.
• Caring for a family member: Providing care for a loved one experiencing a serious health condition.
• Caring for a military service member: Assisting a family member in the uniformed services who experiences a serious health condition related to military service.
• Addressing military deployment needs: Handling qualifying family responsibilities arising from a family member’s deployment.

These protections are intended to help employees address significant family and medical needs without having to choose between their income and their personal responsibilities.

Who Is Eligible for Maryland Paid Family Leave?

Generally, employees must have worked at least 680 hours in positions localized in Maryland during the four reported calendar quarters preceding their claim or the beginning of their leave, whichever occurs first. Eligibility is based on qualifying Maryland employment hours rather than a minimum income requirement.

Employees who change employers or work multiple jobs may also qualify, depending on their employment circumstances. Certain self-employed individuals may voluntarily elect to participate in the program. Federal employees are generally excluded from Maryland’s FAMLI program.

Eligible individuals will need to submit applications to the state in order to be approved and eventually receive benefits from the fund.

For more information about employee eligibility, visit the Maryland Department of Labor’s FAMLI employee information page.

Is Maryland’s FAMLI Program Mandatory for Employers?

Yes, employers with at least one employee in Maryland are generally required to register with the FAMLI program.

EAlthough employers with fewer than 15 employees generally are not required to contribute the employer share, they must still comply with applicable registration, reporting, and employee contribution requirements.

Employers may also seek approval to provide benefits through a qualifying private insurance or self-insured plan instead of the state-administered program. These private plans must provide benefits and protections that are at least equivalent to those available under the state plan.

Employers intending to apply for a private plan in 2027 may submit a Declaration of Intent through their FAMLI account by November 15, 2026.

For additional information, visit the Maryland Department of Labor’s FAMLI employer resources.

When Does Maryland Paid Family Leave Begin?

Although the Time to Care Act was enacted in 2022, the implementation schedule has changed. Maryland employers and employees should be aware of the following important dates:

• Now: Employers should register with Maryland’s FAMLI program and prepare for implementation.
• November 15, 2026: Deadline for employers intending to pursue a private plan in 2027 to submit a Declaration of Intent.
• January 1, 2027: Payroll contributions begin.
• April 30, 2027: First quarterly wage and hour report and contribution payment are due. After that, reports are due every quarter: July 31, October 31, and January 31.
• July 2027: Employers must begin notifying employees about FAMLI.
• January 1, 2028: Eligible employees can begin receiving paid family and medical leave benefits.

Payroll contributions will begin one year before benefits become available, allowing Maryland’s FAMLI fund to accumulate resources before benefit payments begin.

Once the program becomes operational, eligible employees generally may apply for benefits up to 60 days before or after the first day of qualifying leave.

To find out more about the FAMLI program:

Maryland FAMLI – About the Program

Does the Time to Care Act Protect Employees From Retaliation?

In addition to providing paid leave benefits, Maryland’s Time to Care Act includes important protections for employees who exercise their rights under the law.

Under the TTCA, employers are prohibited from interfering with, restraining, or denying an employee’s exercise of protected rights under the program. The law also prohibits retaliation against employees for requesting or taking qualifying leave or otherwise exercising their rights.

Depending on the circumstances, unlawful employer conduct may include:

• Refusing to allow an eligible employee to take protected leave.
• Disciplining or terminating an employee for requesting or taking qualifying leave.
• Retaliating against an employee for exercising their rights under the program.
• Failing to restore an eligible employee to their position following protected leave, where job-restoration protections apply.

Importantly, Maryland employees do not necessarily have to wait until 2028 to receive legal protections related to medical leave, pregnancy, disability, or family responsibilities.

Existing federal and Maryland employment laws, including the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and Maryland’s anti-discrimination laws, may already provide protections to qualifying employees.

Employees who believe they have been denied protected leave, discriminated against, or retaliated against for requesting medical or family leave may have legal options depending on their individual circumstances.

How Preller Law Firm Can Help Protect Your Workplace Rights

At Preller Law Firm, we believe employees should not have to choose between protecting their health, caring for their families, and protecting their careers.

Maryland’s new family and medical leave program provides important benefits to eligible workers, but questions and disputes may arise as employees and employers navigate these new requirements.

Our attorneys represent employees throughout Maryland in a wide range of employment law matters, including workplace discrimination, retaliation, wrongful termination, disability and pregnancy-related discrimination, and disputes involving protected medical and family leave.

If you believe your employer has interfered with your right to take protected leave, retaliated against you for requesting or taking leave, or otherwise violated your workplace rights, Preller Law Firm can help you understand your options and determine what protections may apply.

Have questions about your rights at work? Contact Preller Law Firm to speak with an attorney about your situation.

This article is provided for general informational purposes only and does not constitute legal advice. Individual eligibility, benefits, and employment protections depend on the applicable law and circumstances.