Changes to Paid Family and Medical Leave Insurance (FAMLI)

 Posted on October 14, 2024 in FMLA

The Maryland governor signed SB 485, which was cross-filed with HB 571 on April 25, 2024. These bills will make significant changes to the Family and Medical Leave Act, a federal program. The bills also updated and changed the Maryland Paid Family and Medical Leave Insurance program, first established in 2022. The FAMLI program would cover all Maryland employers with at least one employee and would receive funding from employers and employees.

While employers with 14 or fewer employees are not required to contribute to the FAMLI plan, employees in these smaller businesses will be required to make contributions and will be entitled to FAMLI benefits. Eligible employees will receive up to 12 weeks of paid family and medical leave per benefit year for any reason or event specified in the program.

Last year, the General Assembly made modifications to the proposed FAMLI program that delayed its implementation for a year, split contributions 50/50 between employer and employee, and capped contributions at 1.2 percent of the employee’s wages. The start date for required contributions is now July 1, 2025, and July 1, 2026, for benefit payments. If you have questions regarding FMLA violations or the FAMLI program, speaking to a knowledgeable Columbia, MD employment law attorney from Freedman Law, LLC can be helpful.

Who Qualifies and What Can Eligible Employees Receive Through the FAMLI Program?

The benefits of Maryland’s FAMLI program for employees will include:

• Up to 12 paid weeks away from work per year to care for themselves or a family member under a qualifying event

• A weekly income of up to $1,000 per week

• All employees in Maryland, including self-employed workers who opt in, will be eligible

The necessary qualifications and qualifying events for workers who want to take advantage of FAMLI include:

• An employee with a qualifying event who works at least 680 hours in a Maryland job during the 12 months prior to the time of anticipated leave.

• Qualifying events include welcoming a child, whether through birth, adoption, or foster care, caring for oneself when a serious health condition exists, caring for a family member’s serious health condition, and planning for a family member's military deployment.

Employers who decide not to participate in the FAMLI program must, after receiving approval from the Maryland Department of Labor, offer benefits through a state-approved program or an authorized insurance plan.

What if an Employee is Denied Leave Under the FAMLI Program?

The Maryland Secretary of Labor will establish an appeal system for covered individuals that considers the determination of benefits, benefit amounts, and duration of benefits. If an employee who is denied benefits under the FAMLI program wins on appeal, the costs of that appeal may be charged to the employer or insurer. Like the FMLA Act, those denied FAMLI benefits may also choose to file a lawsuit against their employer if they feel the benefits were denied unfairly or denied because of a protected status they fall under.

Contact a Howard County, MD Employment Law Attorney

If your employer has violated the FMLA Act, you could benefit from speaking to an Ellicott City, MD employment law attorney from Freedman Law, LLC. Attorney Lindsay Freedman represents clients in state and federal court and is rated as one of the best employment lawyers in Annapolis, Maryland. Lindsay is both a skilled negotiator and an aggressive litigator when necessary and is very hands-on and accessible, offering 24/7 availability for the convenience of his clients. Contact Freedman Law, LLC at 410-290-6232 to schedule an appointment to discuss your FMLA issue or any other employment issue.