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Maryland

Verified March 2026

Maryland Family and Medical Leave Insurance (FAMLI)

Md. Code Ann., Lab. & Empl. §§ 8.3-101 to 8.3-801

Paid LeaveMental Health Parity12 weeks
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Overview

Maryland's Family and Medical Leave Insurance (FAMLI) program, enacted through the Time to Care Act, will provide up to 12 weeks of paid leave for workers who need time off for their own serious health condition, to care for a family member with a serious health condition, to bond with a new child (including kinship care), for qualifying military exigencies, or to care for a family member who is a covered servicemember. Employer contributions begin January 1, 2027, and benefit payments begin by January 3, 2028.

The program covers most Maryland employees who have worked at least 680 hours during the four most recently completed calendar quarters. Benefits are calculated on a sliding scale: 90% of wages up to 65% of the state average weekly wage (SAWW), plus 50% of wages above that threshold. The minimum weekly benefit is $50 and the maximum is $1,000 (for 2028, adjusted by CPI in subsequent years). There is no waiting period before benefits begin. The total premium rate is 0.90% of wages (up to the Social Security wage base), split 0.45% employer / 0.45% employee. Employers with fewer than 15 employees are exempt from the employer share. Self-employed individuals and independent contractors can opt in.

Covered family members include your child (biological, adopted, foster, stepchild, or in loco parentis), parent (including step, foster, in-law, guardian, or in loco parentis), grandparent, grandchild, sibling, spouse, and domestic partner. Your employer must maintain your group health insurance during FAMLI leave on the same terms as if you were still working.

FAMLI job protection phases in by employer size: employers with 15 or more employees must provide job protection starting January 2027, dropping to 8 or more employees in January 2028. Protected employers must restore workers to the same or equivalent position upon return. During leave, your employer may only terminate you "for cause." The only exception is if reinstatement would cause "substantial and grievous" economic injury to the employer's operations, and the employer provides advance notice. Maryland also provides additional leave protections under the Maryland Flexible Leave Act (for employers with 15+ employees) and the Maryland Parental Leave Act (for employers with 15-49 employees).

Anti-discrimination protections are enforced through the Maryland Fair Employment Practices Act, which prohibits disability discrimination, including mental health conditions, for employers with 15 or more employees. The Maryland Commission on Civil Rights (MCCR) investigates complaints. Maryland's mental health parity law requires equal insurance coverage for mental health and substance use disorder services.

Eligibility

Employer Size

1+ employees

Leave Duration

12 weeks

Paid Leave

Yes

Compared to Federal FMLA
Paid leave program launching with broad coverage. Mental health parity requirements. Covers own serious health conditions.

Additional Protections

Maryland Fair Employment Practices Act

Prohibits employment discrimination based on disability, including mental health conditions. Covers employers with 15 or more employees and requires reasonable accommodations.

Md. Code Ann., State Gov't § 20-606

Maryland Flexible Leave Act

Allows employees of employers with 15+ employees to use their own accrued paid leave to care for an immediate family member with a serious health condition.

Md. Code Ann., Lab. & Empl. § 3-802

Maryland Healthy Working Families Act (Paid Sick Leave)

Requires employers with 15+ employees to provide up to 40 hours of paid sick leave per year. Smaller employers must provide unpaid sick leave. Can be used for mental health needs.

Md. Code Ann., Lab. & Empl. § 3-1301 et seq.

Mental Health Parity

Maryland requires insurance plans to cover mental health and substance use disorder services at parity with medical and surgical benefits.

Md. Code Ann., Ins. § 15-802

How to Exercise Your Rights

1. Notify Your Employer

  • Provide your employer with 30 days' advance notice if the leave is foreseeable.
  • For unexpected events, provide notice as soon as practicable.
  • Your employer may request documentation supporting the need for leave.

2. File a FAMLI Claim

  • Visit the Maryland Department of Labor website to file your FAMLI claim.
  • Select the type of leave (medical, family, bonding, military, or safe leave).
  • Your healthcare provider must complete a certification of serious health condition if applicable.
  • The Department of Labor will review and process your claim.

3. File a Discrimination Complaint

  • Visit the Maryland Commission on Civil Rights website.
  • File within 6 months of the discriminatory act (or 2 years for housing).
  • Complete the complaint form detailing the discrimination or retaliation related to your leave or disability.

Important Deadlines

  • 30 days - Advance notice required for foreseeable FAMLI leave
  • As soon as possible - File your FAMLI claim promptly when leave begins to avoid delays in benefit payments
  • 6 months - Deadline to file a discrimination complaint with the Maryland Commission on Civil Rights
  • 300 days - Deadline to file a charge with the federal EEOC

Official Resources

Full Statute Text

Read the complete text of the law

Maryland Department of Labor - FAMLI

Administers the Maryland FAMLI program. Access information about filing claims, eligibility, and benefits.

410-767-2357

Maryland Commission on Civil Rights (MCCR)

Enforces Maryland anti-discrimination laws. Handles employment discrimination complaints including disability and mental health discrimination.

410-767-8600

Maryland Department of Health - Behavioral Health

Provides mental health and substance use disorder resources and services for Maryland residents.

410-767-6500

Frequently Asked Questions

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