Maryland’s Family and Medical Leave Insurance program (“FAMLI”) will provide eligible employees with paid leave for qualifying family and medical reasons beginning in January 2028 and employer contributions begin January 1, 2027. Employers are required to provide two types of notice to their employees about the FAMLI program: (1) notice of contribution withholding and (2) notice of rights and benefits. The Maryland Department of Labor (MDOL)  released its employee notice of contribution withholding template. The MDOL also published new guidance explaining that this notice must be provided one pay period before payroll deductions begin January 1, 2027 and whenever a new employee is hired. The MDOL expects ALL employers to provide this notice. 

When and How to Provide Notice of Contribution Withholding 

Employers must distribute the notice in writing at least one pay period before deductions begin January 1, 2027. The December distribution deadline will depend on the employer’s payroll schedule.  

The new guidance clarifies that this requirement applies even when employers plan to cover the full employee contribution and no payroll deductions will occur. This contribution withholding notice requirement also applies to employers with an accepted Declaration of Intent to offer a private plan who intend to withhold employee contributions to fund the required escrow account. 

Employers should complete the template’s “Employer to Complete” box with the percentage they will withhold from employees, up to 0.45% of wages. Employers covering the full employee contribution should enter 0%, including those funding a private-plan escrow account. MDOL’s guidance contemplates further modifications to the template but cautions that employers are responsible for any changes and that a modified notice may not meet program requirements. 

The notice may be delivered by print, email, mail, or an employee portal designed for individual notices. The MDOL recommends obtaining a handwritten or electronic acknowledgment of receipt to document timely delivery, although this is not required. 

Additional Notice Requirements Begin July 1, 2027 

Employers must provide a separate benefits notice to all current employees by July 1, 2027, addressing eligibility, filing claims and complaints, job protection, and other FAMLI rights. The notice must also be provided: 

• To new employees hired on or after July 1, 2027; 

• Annually, beginning July 1, 2028; 

• When an employee requests potentially qualifying leave on or after July 1, 2027, including requests using terms such as “parental leave” or “family leave”; and 

• When the employer knows, on or after July 1, 2027, that an employee is taking leave for a qualifying reason. 

The MDOL plans to release the benefits notice template in early 2027. Providing the contribution notice now does not satisfy these additional notice obligations. 

We will continue to monitor these developments. If you have questions about complying with Maryland’s FAMLI program, please contact a Jackson Lewis attorney to discuss.