| Update Applicable to: | Effective Date |
| All Employers in Maryland | Act (HB 102): June 1, 2025 Contributions: January 1, 2027 Benefits: Between January 1, 2027, and January 3, 2028 Self-Employed: July 1, 2028 |
What happened?
On April 8, 2025, Governor Wes Moore signed House Bill 102 (HB 102) into law, delaying the implementation of the Maryland FAMLI program.
Overview:
The Maryland Department of Labor proposed the delay on February 14, 2025, to give employers and workers more time to prepare. Once implemented, FAMLI will provide paid leave for Maryland workers to care for family members or address their serious health conditions.
Key Points:
- Payroll Deductions: Begin January 1, 2027.
- Benefits Availability: Start January 3, 2028.
- Program Guarantees:
- Time away from work
- Job protection
- Up to $1,000 a week for up to 12 weeks
Important Dates:
- Contribution Start Date: Delayed by 18 months to January 1, 2027.
- Benefit Claims Start Date: Delayed to a date between January 1, 2027, and January 3, 2028, as determined by the Secretary of the Department of Labor.
Next Steps: Maryland employers should note these new dates and stay tuned for updated and finalized FAMLI regulations.
Additional Information:
Summary of HB 102
Purpose: HB 102 aims to revise the Family and Medical Leave Insurance (FAMLI) Program in Maryland, focusing on definitions, self-employed participation, contribution rates, and reporting requirements.
Key Provisions:
- Anchor Date Definition: Establishes “anchor date” as the earlier date when an application for benefits is complete, or the date leave begins for a covered individual.
- Self-Employed Participation: Requires the Maryland Department of Labor to adopt regulations by July 1, 2028, for an optional self-employed enrollment program, including contribution amounts, benefit amounts, and enrollment procedures.
- Contribution Rates: The start date for required contributions is delayed to January 1, 2027, and the total rate of contribution for employees and employers is set at no more than 1.2% of an employee’s wages.
- Reporting Requirements: The annual reporting date is changed to October 1 each year, and cost analyses are required to determine appropriate contribution rates.
- Benefit Payments: This section specifies how weekly benefit amounts are calculated based on the covered employee’s average weekly wage and the State average weekly wage. It also sets the maximum weekly benefit amount and outlines the process for annual adjustments based on the Consumer Price Index.
- Employer Contributions: This section details the employer’s responsibility to contribute 50% of the total contribution rate for each employee and allows employers to elect to pay all or a portion of the employee’s required contributions.
- Reimbursements: Provides reimbursements to community providers and other specified providers for employer contributions related to employees who manage or provide services under certain health-related articles.
- Implementation Dates: Delays the start date for benefit payments to a date between January 1, 2027, and January 3, 2028, as determined by the Secretary.
Source References
- MDOL Press Release
- Maryland Family and Medical Leave Program Amended and Coming Sooner (VensureHR)
- Maryland Department of Labor Issues FAMLI Proposed Regulations (VensureHR)
- MD HB0102 – Family and Medical Leave Insurance Program – Revisions
Resources
Need help understanding how changes to employment laws will affect your business?
Learn more about how Vensure's Maryland PEO services can help you navigate complex employment laws and keep your business compliant.
This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.