Maryland FAMLI Private Plan Filing Deadline: November 15, 2026

Employers evaluating alternatives to Maryland’s State Plan under the Family and Medical Leave Insurance (FAMLI) program should be aware of an important upcoming deadline. Employers that intend to offer a private plan beginning in 2027 must submit a Declaration of Intent to the Maryland Department of Labor by November 15, 2026. DOI submissions opened on September 1, 2026. Employers that do not submit a DOI by the deadline will automatically participate in the State Plan and may need to wait until the future approval period in 2027 to transition to a private option.

Understanding Maryland FAMLI Private Plan Options

Employers with at least one employee working in Maryland are required to register with the FAMLI Division. By default, employers will be enrolled in the State Plan unless they pursue and receive approval for a private plan. Private plans must provide benefits and employee protections that are equal to or greater than those available through the State Plan.

Employers may choose between two types of private plans:

Commercial Private Plans

• Offered and administered by a licensed insurance carrier
• Available to employers of any size
• Claims administration and benefit payments are handled by the insurance carrier

Self-Insured Private Plans

• Funded and administered directly by the employer
• Generally available to employers with 50 or more Maryland employees
• Employers with fewer than 50 employees may qualify if they had a FAMLI-compliant leave program in place by July 31, 2026
• Employers must demonstrate financial solvency and meet additional compliance requirements

Important Considerations Before Filing a DOI

While submitting a Declaration of Intent preserves the option to offer a private plan, employers should evaluate several key considerations before filing.

Quarterly Reporting Requirements Remain

Submitting a DOI does not eliminate employer reporting obligations. All employers, regardless of whether they participate in a private plan or the State Plan, must submit quarterly wage and hour reports beginning in April 2027. Employers with approved private plans will also be required to submit claims data to the State on a quarterly basis.

Employee Contribution Limits Apply

Private plans may not require employees to contribute more than they would under the State Plan. Employers cannot withhold more than 50% of the State Plan contribution rate from employee wages.

Private Plan Approval Is Required

Submitting a DOI does not guarantee approval. Employers must subsequently complete the formal private plan application process and demonstrate compliance with all FAMLI requirements. Commercial and self-insured plans must provide benefits that are equivalent to or better than those provided through the State Plan.

Private Plan Application Fees

The Maryland Department of Labor has established annual application fees for private plans:

Commercial Plans

• 1-14 employees: $100
• 15-49 employees: $250
• 50-199 employees: $500
• 200-499 employees: $600
• 500-999 employees: $750
• 1,000+ employees: $1,000

Self-Insured Plans

• $1,000 annually regardless of employer size

Action Items for Employers

Employers considering a private FAMLI solution should:

• Evaluate whether a commercial or self-insured arrangement aligns with organizational goals
• Engage carriers or third-party administrators to assess available private plan options (ask how Hylant can help)
• Review existing leave policies to determine whether they meet Maryland FAMLI requirements
• Submit a Declaration of Intent before November 15, 2026, if planning to pursue a private plan for 2027
• Prepare for ongoing quarterly reporting obligations regardless of plan selection

Key Takeaway

The November 15, 2026, Declaration of Intent deadline represents the first critical milestone for Maryland employers interested in offering a FAMLI private plan instead of participating in the State Plan. Employers should begin evaluating their options now to ensure sufficient time for carrier discussions, compliance reviews, and timely DOI submission.

If you have questions, please reach out to your Hylant representative for further information. Don’t have one? Contact us here.

The above information does not constitute advice. Always contact your employee benefits broker or trusted advisor for insurance-related questions.