Private website. Not a government site. Official site: paidleave.maryland.gov

MinnesotaMaineDelawareVirginia

State Paid Leave
Sign in

Maryland FAMLI employee notices: one pay period before deductions (December 2026) and five triggers for all employers from July 2027

As of October 8, 2026: an employer that withholds gives written notice one pay period before deductions begin (December 2026 for a January 2027 start). From July 2027 all employers give notice on five triggers, plus 30 days before a plan change. The State's sample notice is not published yet.

Published Sep 19, 2026

Page updated Oct 10, 2026

Short answer, as of October 8, 2026: There are two sets of notices. An employer that withholds the employee share gives written notice one pay period before deductions begin. For a January 2027 start that notice falls in December 2026 (COMAR 09.42.02.05D). From July 2027 all employers give notice on five triggers, and COMAR 09.42.04.08 adds a notice 30 days before a change to the plan. The State's sample notice is not published yet.

The notice calendar

When Who What the rule says Source
December 2026, one pay period before the first deduction Employers that withhold the employee share Written notice "at least 1 pay period prior to the commencement or change" COMAR 09.42.02.05D
Before any later change in employee contributions The same employers The same one-pay-period notice COMAR 09.42.02.05D
July 2027, six months before benefits All employers Notice to employees Employers page; COMAR 09.42.04.08A(1)(a)
At hire All employers Written notice § 8.3-801(a)
Each year All employers Written notice § 8.3-801(a)
When an employee asks for leave All employers Notice; eligibility answer within 5 business days Employers page; § 8.3-801(b)(1)
When the employer knows the leave is for a qualifying reason All employers Notice; the same 5 business days Employers page; § 8.3-801(b)(1)
30 days before a change to the employer's FAMLI procedures or plan All employers Notice COMAR 09.42.04.08A(1)(d)

Benefits start on January 1, 2028 (the law requires a start no later than January 3, 2028). July 2027 is six months before that date. More detail is in When Maryland paid leave benefits start.

The December 2026 notice

Withholding applies to wages paid on or after January 1, 2027 (Contributions FAQ, April 2026, Q15). A January 2027 paycheck for December 2026 work is covered. Do these steps:

  1. Find your first pay date on or after January 1, 2027.
  2. Go back one full pay period from that date.
  3. Give the written notice on or before that day.
  4. Keep a record. The regulation accepts an electronic or a wet-signature acknowledgement as proof of notice.

The statute also requires notice of the contribution rate and of the part that the employer pays (§ 8.3-601(e)(2)(ii)2B). The total rate is 0.9% of wages up to the Social Security wage base. The employee share is no more than 50% of the total rate, which is 0.45%. The FAMLI tax calculator shows both halves for each pay period.

If you pay the employee share yourself, COMAR 09.42.02.05C says you tell employees in writing "using the Division's template".

The sample notice is not published yet

On October 8, 2026 the Employers page says: "The FAMLI Division will create sample notices for employers to use." The statute says: "The Department shall develop standard notices" (§ 8.3-801(c)). The Awareness Toolkit has graphics but no sample notice. This site does not publish a notice text of its own. The to-do list shows this step and its date.

The five triggers from July 2027

  1. Six months before benefits begin. That is July 2027.
  2. At hire. The statute says this notice is written.
  3. Each year. The statute says this notice is written.
  4. When an employee asks for leave.
  5. When the employer knows that the employee takes leave for a qualifying reason.

After trigger 4 or trigger 5 you have 5 business days to tell the employee about eligibility (§ 8.3-801(b)(1)).

Employers with a private plan

The five triggers apply to all employers. COMAR 09.42.04.08 also requires notice "30 days before any changes to the employer's FAMLI procedures or plan go into effect". The Declaration of Intent guide has the private-plan dates.

The civil penalty in the statute

Section 8.3-905 allows a civil penalty of up to $1,000 "for each employee for whom the employer is not in compliance". The penalty follows a complaint and an investigation. See Penalties and interest. Employment attorneys that work with FAMLI are listed at /find/employment-attorneys.

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

For employees: Maryland FAMLI for employees

Sources

  1. Maryland FAMLI Division — Employers page (notice duties) — checked Oct 8, 2026
  2. COMAR 09.42.04.08 — employer notice to employees — checked Oct 8, 2026
  3. COMAR 09.42.02 — Contributions (09.42.02.05, notice before deductions) — checked Oct 8, 2026
  4. Md. Code, Labor and Employment § 8.3-601 — contributions and notice of the rate — checked Oct 8, 2026
  5. Maryland FAMLI Division — Awareness Toolkit — checked Oct 8, 2026

Frequently asked questions

›When do I have to tell employees about the FAMLI deduction?

COMAR 09.42.02.05D requires written notice at least 1 pay period before the deduction starts. Withholding applies to wages paid on or after January 1, 2027, so the notice falls in December 2026. The same rule applies before any later change in employee contributions.

›Is there an official Maryland FAMLI sample notice?

Not yet. On October 8, 2026 the Employers page still says: 'The FAMLI Division will create sample notices for employers to use.' The Awareness Toolkit has no sample notice.

›What notices start in July 2027?

All employers give notice on five triggers: six months before benefits, at hire, each year, when an employee asks for leave, and when the employer knows the leave is for a qualifying reason. COMAR 09.42.04.08 adds 30 days before a change to the plan.

›How fast must I answer an employee who asks for leave?

Section 8.3-801(b)(1) gives the employer 5 business days to tell the employee about eligibility. The clock also starts when the employer knows that the leave may qualify.

Private website. Not affiliated with the State of Maryland, the Maryland Department of Labor or the FAMLI Division. Official site: paidleave.maryland.gov. General information with sources and check dates — not legal, tax or insurance advice. We are not a licensed insurance producer; we do not recommend any agent, insurer or plan, and we receive no commission or fee based on any insurance sale.