When Medical and Disability Leaves Collide, a FAMLI Discussion

At MACo’s Summer Conference an expert panel discussed the Maryland Family and Medical Leave Insurance (FAMLI) system.  FAMLI will begin on July 1, 2026, and ensures that qualified workers in Maryland are able to take paid time away from work for up to 12 weeks. 

The speaker panel included:

  • Regan Vaughan, Director of Policy FAMLI Division, Maryland Department of Labor
  • Kevin Karpinski, Managing Partner, Karpinski, Cornbrooks & Karp , P.A.
  • Jessica Frier, Assistant Vice President, Health & Welfare Counsel, American Fidelity

Ms. Vaughan provided attendees with an overview of the upcoming milestones and employer options for the FAMLI system:

  • Milestones
    • Final draft regulations will be published to the Register prior to the end of 2024
    • Seeding period for contributions begins July 1, 2025
    • Employees may file for benefits beginning July 1, 2026
  • Employer Options
    • Enroll in the State FAMLI system
    • Seek approval for a private plan
      • Private plans must offer benefits and protections that are the same or better than the state plan
      • Employer must file declaration of intent to enroll in a private plan in May 2025
        • A private plan may be a commercial plan or an employer self-insured plan
        • Commercial plans are anticipated to be approved by the Department of Labor FAMLI Division in early 2026

Mr. Karpinski discussed the key differences employers need  to be aware of between FAMLI and the federal Family and Medical Leave Act (FMLA):

  • FAMLI expands the definition of family member to include domestic partners, grandparents, siblings, and parents of covered employee’s spouse
  • An employee that has worked 680 hours in the State of Maryland is eligible to apply for leave under FAMLI
  • An employee must have worked 1,250 hours for their current employer to be eligible to apply for FMLA

Ms. Frier wrapped up the session with her discussion on the need for employers to have a robust communication plan and available written resources.  Employees will need assistance to navigate the application process and understand the coordination of benefits including which benefit to apply for FAMLI, FMLA or potentially both.

 

Session Title: When Medical and Disability Leaves Collide  

Description: Public and private sector entities navigate daily the winding path of FMLA, ADA, WC, FAMLI, and Sick & Safe Leave, knowing that multiple employees could be using one, two or all five of these leaves at the same time. Jurisdictions must recognize and evaluate the intersection of these medical and disability laws to ensure employees receive entitled benefits and protections, while safeguarding constituent services against negative impacts. Violations of any of these laws may result in the jurisdiction being responsible for lost wages, back pay, reinstatement, retroactive benefits, compensatory damages, and punitive damages. In this session, an expert panel will discuss recent developments and best practices for managing multiple medical and disability leaves. 

Moderator: The Honorable Kris Valderrama, Maryland House of Delegates

The session was on August 16 at the Roland Powell Convention Center in Ocean City, Maryland