What happened?

On October 18, 2024, the Maryland Department of Labor (MDOL) released its proposed regulations to implement Maryland’s Paid Family and Medical Leave Insurance (FAMLI) law.

Quick Summary

• Maryland’s draft regulations for the Paid Family and Medical Leave Insurance (FAMLI) program outline several important aspects of the program, which is set to begin on July 1, 2026.

• The public comment period is currently open for 30 days. Employers can submit comments on the proposed regulations to FAMLI.policy@maryland.gov by November 18, 2024.

What are the details?

• The proposed regulations are divided into four sections: General Provisions, Contributions, Equivalent Private Insurance Plans, and Claims.

• General Provisions:
  
  • Templates and Forms: The FAMLI Division may require the use of approved templates and forms.
  • Contributions: Employers must create an online account to report information, make quarterly contribution payments, and communicate with the State. If contributions aren’t deducted, employers must pay the employee’s share.
  • Equivalent Private Insurance Plans (EPIPs): EPIPs must match or exceed State plan benefits. Employees can appeal denied benefits to the State, which may pay and seek reimbursement from the employer. Employers must submit a FAMLI application, address deficiencies within 90 days, pay fees of $100 to $1000, and comply with oversight and reporting requirements. Special rules apply to self-insured EPIPs, with termination provisions included. Initial applications are due between January 1 and June 1, 2026.
  • Claims: Employers must respond to claim notices within five business days and notify employees six months before benefits start, with possible waivers.
  • Dispute Resolution and Continuing Concerns: The proposed regulations lack sections on dispute resolution and enforcement, hinting at a future release by MDOL.

Business Considerations

• Employers will need to create an online account to manage reporting, contributions, and communication with the State, ensuring compliance with all FAMLI requirements.

• Employers who are interested in providing comments should review the proposed regulation and provide input by November 18, 2024.

Source References

• MD DOL FAMLI Proposed Regulations Info
• MD FAMLI Proposed Regulations
• FAQs Released for Maryland’s Paid Family and Medical Leave Insurance Program (VensureHR)
• Maine Governor Approved Paid Family and Medical Leave (VensureHR)

Resources

• MD FAMLI FAQs

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