Maryland Passes Paid Family Leave Law
Author: Michael Cardman, XpertHR Legal Editor
April 11, 2022
Maryland is the latest state to pass a paid family leave law, joining a growing list that includes California, Massachusetts, New York and several others.
The Time to Care Act was vetoed by Gov. Larry Hogan on April 8, but the state legislature overrode his veto the next day with large majorities in both chambers.
Starting in 2025, covered employees will be entitled to take up to 12 weeks of paid leave to:
- Care for a newborn child or a child newly placed for adoption, foster care or kinship care during the first year after the birth, adoption or placement;
- Care for a family member with a serious health condition;
- Attend to a serious health condition that results in them being unable to perform their job functions;
- Care for a next-of-kin servicemember; or
- Attend to a qualifying exigency arising out of a family member's deployment.
Leave under the Maryland Time to Care Act must run concurrently with leave taken under the federal Family and Medical Leave Act (FMLA). Covered employees must exhaust all employer-provided leave that is not required to be provided under law before receiving benefits.
Eligible employees will receive a weekly benefit based on their average weekly wage, ranging from $50 up to a maximum of $1,000, to be paid out of a new the Family and Medical Leave Insurance (FAMLI) Program and FAMLI Fund. These levels will adjusted for inflation every year.
Beginning October 1, 2023, Maryland employers with 15 or more employees, employees and self-employed workers who elect to participate in the program all must contribute to the FAMLI Fund via a payroll tax at a rate to be determined by the state labor department.