Maryland FAMLI Declaration of Intent: file Sep 1 to Nov 15, 2026, with a signed consultation form; the escrow holds both shares

Short answer, as of October 8, 2026: The Declaration of Intent tells the FAMLI Division that you plan to use a private plan and not the State Plan. You file it in your online FAMLI account between Sep 1, 2026 and Nov 15, 2026 (FAMLI Division, plan page). Only an Authorized Officer can file it, and there is one Declaration for each federal EIN. You must upload page 1 of the "Proof of Private Plan Consultation" with the signature of "a licensed insurance agent or other representative of an insurance company in Maryland". The Division decides "within 15 business days".

Who files a Declaration

File a Declaration only if you intend to use a private plan when benefits start. If you intend to use the State Plan, do not file. The State Plan or private plan guide gives the facts on both sides.

Steps

1. Register your business in the FAMLI account. Registration opened to all employers on September 1, 2026. See the registration walk-through.
2. Meet with an insurance agent or an insurance company representative. The signer "must explain each of the 15 items" on the form's agenda. An employer that intends to self-insure needs the signature too (Private Plans FAQ, April 2026, Q6).
3. Get page 1 of the form completed and signed by that person.
4. Have your Authorized Officer file the Declaration in the FAMLI account. Upload page 1 only.
5. Wait for the decision. The Division has 15 business days (COMAR 09.42.03.10A(2)).

Nov 15, 2026 is a Sunday by our calendar check. The Understand your plan page and the Private Plans FAQ (read October 8, 2026) do not say that the window moves to Monday. File before that weekend.

The consultation form

All Declarations expire on December 31, 2027 (form item 15).

Insurer filings for plans that start on January 1, 2028 were due Sep 30, 2026 (Maryland Insurance Administration Bulletin 26-13, June 2, 2026, at insurance.maryland.gov). Before the review ends, an insurer can give illustrative quotes only. The bulletin says these "are not actual quotes" and that final rates "may be higher or lower than the illustrated rates". A list of agents and brokers is at /find/agents-brokers.

What escrow means

An accepted Declaration starts on the first day of the next calendar quarter (COMAR 09.42.03.10A(3)). From January 2027 you collect contributions but you do not remit them to the State. The plan page says: "you must hold all contributions in an escrow account." The regulation says the escrow holds the employer share and the employee share. You can collect the employee share from pay, or you can fund it yourself. You cannot collect from employees for past pay periods. The FAMLI tax calculator estimates both shares, and the to-do list has the dates.

After the Declaration

• Private plan applications open in summer 2027. They are due Oct 1, 2027 for an employer that filed a Declaration. If you do not apply, COMAR 09.42.03.10C(2) puts you in the State Plan, and you owe all contributions since Jan 1, 2027 with interest and penalties.
• The State application fee is paid every year. Commercial plan, by Maryland employees: $100 (1–14), $250 (15–49), $500 (50–199), $600 (200–499), $750 (500–999), $1,000 (1,000 or more). Self-insured plan: $1,000.
• Self-insurance needs 50 or more Maryland employees. The one exception is a plan of your own that was in effect "on or before July 31, 2026" (COMAR 09.42.03.05K(5)(c)).
• The minimum stay in a private plan is 4 calendar quarters.
• If the private plan is terminated in 2028, by you or by the State, you owe contributions back to January 1, 2027, plus interest. In 2029 you owe half, plus interest. "There may be additional financial penalties."

This is a private website, not a government site. General information, not legal, tax or insurance advice. Official site: paidleave.maryland.gov.