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Maryland's paid parental leave law—FAMLI: 2026 Update

  • Mar 23
  • 3 min read

woman with newborn baby looks up Maryland's new paid parental leave law

Updated: March 2026

(Originally published May 18, 2022; last updated August 2023)


Maryland's Paid Family and Medical Leave Program - Delayed but Still Coming


In May 2022, Maryland passed one of the most significant worker protection laws in recent memory—but the start date keeps getting pushed back.


If you’ve been waiting for Maryland’s new Paid Family and Medical Leave Insurance (FAMLI) program to begin in 2025, you’re not alone. The good news: the program is still happening. The bad news: it’s been delayed again.


Here’s what you need to know now:


What Is FAMLI?


Maryland’s FAMLI law creates a statewide insurance program that will provide up to 12 weeks of paid leave to employees who need time off for:


• The birth, adoption, or foster placement of a child;

• A serious health condition (your own or a close family member’s);

• Military deployment or caregiving; or

• Certain family-related emergencies.


When Will It Start?


Originally, Maryland workers were supposed to start receiving benefits in January 2025. That’s no longer the case.Under House Bill 102 (signed May 9, 2025):

• Payroll contributions will now begin January 1, 2027.

• Paid benefits to eligible employees will start January 1, 2028.

 

Both employees and employers will pay small payroll contributions into the state fund starting in 2027. The Maryland Department of Labor will set the exact contribution rate (expected in 2026).


Who's eligible?


You’ll qualify for benefits if you:


1. Have worked at least 680 hours in the 12 months before your claim; and

2. Are covered by the FAMLI program (including most private-sector and government workers in Maryland).


Independent contractors can opt in voluntarily.


How Much Will You Receive?


Benefit amounts will depend on your weekly earnings and the statewide average wage. Earlier drafts of the law set payments between $50 and $1,000 per week, but those numbers will be updated before the program launches. Most workers can expect benefits that replace about 60–80% of normal pay, up to a capped amount determined by the state.


Do You Have to Use Vacation or Sick Leave First?


Originally, workers were required to use all accrued vacation or sick leave before accessing FAMLI benefits.


That’s changed. Under the 2025 amendments, you can choose whether to use your employer-provided paid leave before, after, or along with your FAMLI benefits. Employers can’t force you to burn through your time off first.


How Does This Fit with Other Leave Laws?


Maryland’s FAMLI program doesn’t replace the federal Family and Medical Leave Act (FMLA) or the state’s Parental Leave Act — it adds paid benefits to the unpaid job protection those laws already offer.


Until 2028, those existing laws are still your main source of leave rights. That means:

• Employers can’t retaliate against you for taking FMLA or Parental Leave Act leave.

• If you’re denied time off, demoted, or fired after requesting leave, you may already have a case under current law.


Bottom Line


FAMLI is coming — just not yet. Maryland’s new paid family and medical leave system will begin collecting contributions in 2027, and benefits will start flowing in 2028.


In the meantime, if your employer is refusing to honor your existing leave rights or punishing you for using them, that’s where we come in.


You don't have to fight alone. If you have questions, schedule your confidential consultation with an employment lawyer here at the Employment Law Center of Maryland. We're here to help.

An employment lawyer reviewing a contract with a client

You don't have to fight alone.

Book a consultation with one of our Maryland employment lawyers today.

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