New Maryland DOL Resources Help Employers Prepare for FAMLI

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Quick Hits

• Maryland’s Family and Medical Leave Insurance will soon take effect, with contributions commencing on January 1, 2027, and benefits starting no later than January 3, 2028.
• The MDOL’s FAMLI Division has released new guidance documents covering employer registration, equivalent private insurance plan (EPIP) options, and quarterly wage and hour reporting to help businesses prepare.
• Employers considering an EPIP must file a declaration of intent (DOI) between September 1 and November 15, 2026, in order to be exempt from contributions during the state fund seeding period.

Maryland’s FAMLI program—enacted by the Maryland General Assembly in 2022—will provide most Maryland employees with up to twelve weeks of paid leave for qualifying family and medical reasons, with a possible additional twelve weeks for parental bonding. The program is funded through employer and employee payroll contributions. The MDOL published final regulations implementing the program on March 30, 2026, which we discussed in a three-part article series: online accounts and notices (Part I), claims and paid leave benefits (Part II), and Equivalent Private Insurance Plans (EPIPs) and dispute resolution (Part III). Another article covers resources available through the MDOL’s revamped FAMLI website.

Several critical deadlines are fast approaching:

• September 1–November 15, 2026: Window to file a declaration of intent (DOI) for employers that will utilize an EPIP when the program commences. (Please see our article, “An Employer’s Guide to Filing a Declaration of Intent for a Maryland FAMLI Private Plan,” for additional information on filing a DOI.)
• December 2026: Deadline to provide employees with at least one pay period notice before contribution withholding commences
• January 1, 2027: Employer and employee contributions commence
• April 2027: First quarterly wage and hour reports (QWHRs) due
• Summer 2027: EPIP applications become available
• October 1, 2027: EPIP applications deadline for 2028
• January 3, 2028: FAMLI benefits become available to eligible employees

To aid employers in preparing for FAMLI, the MDOL’s FAMLI Division has been issuing guidance documents and providing training. Recently the FAMLI Division released a new suite of practical resources for employers, addressing registration logistics, private plan options, and required QWHRs, as further discussed below.

Register With FAMLI

The MDOL has opened FAMLI registration. Every employer with at least one employee working in Maryland must register with the program. Initial registration must be completed by an authorized officer, who is typically a business owner, officer, or designated representative authorized to act on behalf of the company.

As the MDOL explains in its registration resource, in order to register, the authorized officer must first create an account at Login.gov, which is a federal single sign-on service that allows registered users to access participating federal and state agency websites. In order to create a Login.gov account, the authorized officer must provide proof of legal identity (e.g., Social Security number and driver’s license or state ID card).

With the Login.gov identify verification, the authorized officer will then create an account through the FAMLI portal, which requires the company’s employer identification number (EIN) and contact information. Once registered, the authorized officer will be able to grant access to other individuals and also to register a third-party agent (TPA). With a signed power of attorney from the company, those individuals or entities (including payroll providers, professional employer organizations, certified public accountants, HR/benefits administrators, insurers, and leave management companies) will be able to manage FAMLI tasks such as filing quarterly reports, remitting payments, and managing employee leave. Note that the TPA may NOT register on behalf of client companies.

FAMLI State Plan vs. EPIPs

Once registered, all employers are automatically enrolled in the FAMLI state plan. However, employers have the option to apply for approval of an equivalent private insurance plan (EPIP) as an alternative. The MDOL has published a comprehensive guide to help employers understand their plan options.

There are two types of private plans:

• Commercial plans are purchased from an insurance company, which handles claims processing and benefit payments. Any employer can purchase a commercial plan.
• Self-insured plans are funded directly by the employer (or managed through a TPA). These are available to employers with fifty or more employees, with a limited exception for smaller employers that already have a FAMLI-compliant plan in place by July 31, 2026.

EPIPs must provide benefits and services that are equivalent to or exceed the benefits offered by the state plan. For employers choosing a private plan, it is important to note that even if an EPIP charges a higher rate overall to the employer, employee payroll deductions cannot exceed the amounts that employees would pay under the state plan. Employers must cover the difference.

Key Deadline: Employers that intend to apply for an EPIP in 2027 and wish to be exempt from making contributions during the state fund seeding period (January 1, 2027, to December 31, 2027), must submit a declaration of intent (DOI) to use a private plan between September 1 and November 15, 2026. The DOI process requires a completed proof of private plan consultation form signed by a licensed insurance agent, and an attestation by the employer’s authorized officer. The MDOL will inform the authorized officer whether or not the DOI is approved within fifteen business days.

If approved, the employer will collect contributions beginning in January 2027 and hold them in escrow during the actual EPIP application process. Following DOI approval, employers must then complete a private plan application. (They may also submit an application outside of the DOI period; however, they will not be exempt from contributions during the seeding period.) EPIP applications will become available in summer 2027 and, for the plan to be effective for the 2028 year, are due by October 1, 2027.

Application fees vary by plan type and employer size:

• Self-insured plans: $1,000 (all sizes)
• Commercial plans: $100 to $1,000, depending on the number of employees localized in Maryland

Filing the Quarterly Wage and Hour Report

All employers, regardless of plan type, must begin submitting QWHRs starting in April 2027. To help employers and TPAs prepare, the FAMLI Division has published a detailed PDF QWHR file guide (last updated July 29, 2026), which includes a downloadable sample template.

The QWHR can be submitted manually through MDOL’s online portal or uploaded as a CSV file (with certain specification requirements).

The guide also covers file rules, rules for currency formatting, what is included as wages, detailed report formatting, how to report zero wages for a quarter, how to indicate a final QWHR for employers ceasing operations, and how TPAs can file for multiple employers by submitting a single CSV. The guide also covers amendments to previously submitted data, which are allowed up to one year after the initial reporting due date.

FAMLI Webinars

The MDOL is hosting a series of free virtual webinars to walk employers through the FAMLI program. These “Introduction to FAMLI” sessions run approximately ninety minutes and cover program basics, employer responsibilities, and timelines. The department has been hosting these webinars on a monthly basis since early 2026, and upcoming sessions include:

• September 16, 2026: 9:30 a.m. to 11:00 a.m. ET
• October 21, 2026: 1:00 p.m. to 2:30 p.m. ET

Additional dates are expected to be posted as the program approaches its January 2027 contribution start date. Check the FAMLI events page to register for or find upcoming events.

For those that cannot make a scheduled webinar, the FAMLI Division offers private presentations. Employers may submit an event request form to invite the FAMLI Division to conduct a presentation about the program and answer questions directly.

Next Steps for Employers

With FAMLI’s upcoming deadlines, preparation includes the following:

• Registering with FAMLI immediately for those that have not already done so
• Evaluating plan options and determining whether the state plan or a private plan is the right fit
• Marking the DOI deadline of September 1–November 15, 2026, if pursuing a private plan
• Getting familiar with the QWHR format and sample template to ensure payroll systems are ready
• Attending a webinar to ask questions and hear directly from the FAMLI Division team
• Evaluating employer-provided paid leave benefits to determine if any adjustments need to be made to account for FAMLI benefits

The MDOL has also set up a help center for employers. Employers may reach the FAMLI Customer Care Contact Center at (410) 525-4010 or paid.leave@maryland.gov, Monday through Friday, 8:00 a.m. to 4:00 p.m. ET.

Ogletree Deakins’ Baltimore office and Leaves of Absence/Reasonable Accommodation Practice Group will continue to monitor developments and will provide updates on the Leaves of Absence and Maryland blogs as additional information becomes available.

In addition, the Ogletree Deakins Client Portal provides subscribers with timely updates on state family and medical leave laws, including Maryland’s FAMLI program. Premium-level subscribers have access to comprehensive Law Summaries and updated policies; Snapshots and Updates are complimentary for all registered client users. For more information on the Client Portal or a Client Portal subscription, please email clientportal@ogletree.com.

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