Maryland Paid Family and Medical Leave Insurance Program (PFML)

Maryland has enacted a paid family and medical leave program that is currently in the process of development. Once it begins, the program will provide paid leave benefits for a Covered Individual’s own serious health condition, family leave benefits to care for a new child or a family member with a serious health condition, and military qualifying exigencies. The information below is based on the statute at this time, as regulations are still in development.

• Premium collections begin July 1, 2025
• Benefits are payable beginning July 1, 2026

Covered Leaves and Durations

Generally, 12 weeks leave is available, in total, for all leave reasons in an Application year.

However, a Covered Individual may receive an additional 12 weeks of benefits if the Covered Individual qualifies for both bonding and their own need for medical leave due to their own serious health condition during the same application year.

"Application year" is the 12-month period beginning on the Sunday of the calendar week for which benefits are initially approved.

Weekly Benefit Amount

Benefit Calculation: 

• 90% of wages that do not exceed 65% of the state’s average weekly wage, of SAWW, plus 
• 50% of wages that exceed 65% of the SAWW 

Maximum Weekly Benefit: $1,000 

Minimum Weekly Benefit: $50 

SAWW: $1,456 

Waiting Period

State law does not include a benefit waiting period.

Intermittent Leaves

Under the state plan, leave may be taken on an intermittent schedule, in increments of not less than four hours. If reasonable and practical to do so, Covered Individuals must provide employer prior notice of reason intermittent leave is necessary.

Covered Employers

A person or governmental entity that employs at least one individual in the state of Maryland. "Employer" does not include sole proprietors or the sole employee of a business entity.

Covered Employees

Under the state plan, Employees are eligible for Maryland’s PFML if they have worked at least 680 hours in the 12-month period immediately preceding the date leave begins.

Covered Individual

A Covered Employee or a self-employed individual who elects to participate in Maryland’s family and medical leave program.

Family Members Defined

Family members include:

• Child (biological, adopted, foster, step, child of whom the employee has legal or physical custody or guardianship, in loco parentis)
• Ward of the Covered Individual or the Covered Individual’s spouse
• Parent (biological, adoptive, foster, stepparent, or person in loco parentis of the Covered Individual or the Covered Individual’s spouse)
• Legal guardian of the Covered Individual
• Ward of the Covered Individual or the Covered Individual’s spouse
• Spouse
• Domestic partner
• Grandparent (biological, adoptive, foster, step)
• Grandchild (biological, adoptive, foster, step)

• Sibling (biological, adopted, foster, step)

   

Plan Options

The law includes a provision allowing employers to satisfy the requirements of the law through a self-funded or fully insured private employer plan, if the plan is offered to all employees and meets or exceeds the rights, protections and benefits provided to a covered employee under the public plan.

The Standard can help you with providing a voluntary plan that will meet or exceed the state requirements. Learn more about our leave management services.

Funding

The employer and employee pay a total contribution amounting to 0.9% of the employee’s earnings, up to the federal Social Security wage base. The contributions are split equally between employer and employee.

1 Employers with fewer than 15 employees are not required to contribute the employer portion of the premium. Employers of all sizes can choose to pay a portion or all of the premium on behalf of their employees.

Additional Information Employers Need to Know

Maryland PFML Includes Job Protection

• Employee is entitled to restoration to an equivalent position following leave unless:
  • Restoration would cause substantial and grievous economic injury to employer’s operations and
  • Employer gives notice to the Covered Individual of the Employer’s intent to deny restoration at the time the determination is made and
  • Employee elects not to return to work after receiving Employer’s notice
• Employer many terminate Covered Individual’s employment during leave only for cause
• Employer may not retaliate against a Covered Individual for taking actions protected by the state’s PFML statute

Maryland PFML Includes Benefits Protection

• Employer must continue Covered Individual’s health benefits in the same manner as required by the federal FMLA

Maryland PFML Notification Requirements

• Written notice of PFML rights to each Covered Employees:
  • At the time of hire
  • Annually thereafter
  • When a Covered Individual requests PFML, or the employer knows their leave may be covered by PFML:
    • Including general notice of PFML rights and duties and notice of specific claim procedures, job protection, and other details

More Information

• Maryland PFML runs concurrently with federal FMLA if applicable. Use of federal FMLA hours also counts as PFML hours as long as the employer provides notice to the employee; even if the employee doesn’t apply for MD PFML.
• A Covered Individual may not be required to use, or exhaust, paid vacation or sick leave or other employer-provided paid leave before or while receiving PFML.
• A Covered Individual and Covered Employer may agree to use paid vacation or sick leave or other paid time off concurrently with PFML to replace the Covered Individual’s wages up to 100% of the employee’s AWW.
• Employer may require PFML benefits be made concurrently or coordinated with: payments or leave under an employer leave policy for parental or family care, military leave, or under a disability policy.
• PFML benefits are not available concurrently with benefits under Maryland’s unemployment insurance or workers’ compensation laws except:
  • Receipt of benefits for a permanent partial disability under Maryland’s workers’ compensation law does not preclude eligibility for PFML benefits

Visit the Maryland Department of Labor page to learn more about Maryland’s PFML.

If you'd like to see how we can help you comply with leave laws, check out our leave management services. We offer both absence management and benefits administration so you can focus your time where you need it most.