Maryland FAMLI State Plan or private plan: what changes for the employer, with the November 15, 2026 and October 1, 2027 dates

Short answer, as of October 8, 2026: The State Plan is the default. An employer that wants a private plan files a Declaration of Intent in its FAMLI account between Sep 1 and Nov 15, 2026. It then holds both contribution shares in escrow from January 2027 and applies by Oct 1, 2027. This page gives the facts on both sides. It does not tell you which plan to choose.

The two paths side by side

The Declaration of Intent

The Understand your plan page sets the rules:

1. Only an Authorized Officer can file. One Declaration for each EIN.
2. Attach page 1 of the "Proof of Private Plan Consultation". The form must be completed and signed by "a licensed insurance agent or other representative of an insurance company in Maryland".
3. An employer that intends to self-insure needs the signature too (Private Plans FAQ, Q6).
4. The Division decides within 15 business days.
5. COMAR 09.42.03.10A(3) says the Declaration "becomes effective on the first day of the calendar quarter following" the Division's decision.
6. All Declarations expire Dec 31, 2027.

The form has a 15-item agenda. Item 12 says: "Insurance agents may receive a commission from the insurance company to enroll clients in a private plan." Item 13 says: "Any pricing or quote provided for a private plan was illustrative and not binding." More: the Declaration of Intent.

The escrow account

The Plan page says: "you must hold all contributions in an escrow account. You can collect contributions from your employees or self-fund the escrow account." COMAR 09.42.03.10 says the escrow holds both the employer share and the employee share. You may not collect from employees for past periods.

If the private plan ends

COMAR 09.42.03.10C(1) sets a minimum stay of 4 calendar quarters. The rule below applies to a plan that is terminated by the employer or by the State.

• In 2028: contributions back to Jan 1, 2027, plus interest.
• In 2029: half of those contributions, plus interest.
• The Plan page adds: "There may be additional financial penalties."

The application and the State fee

The Plan page says applications "will be available in summer 2027 and will be due October 1, 2027". That date is for an employer that filed a Declaration. COMAR 09.42.03.05D lets other employers apply at any time. The fee is paid every year.

The fee for a self-insured plan is $1,000 at every size.

Self-insurance needs 50 or more employees in Maryland. An employer with fewer than 50 needs its own plan "in effect on or before July 31, 2026" and continually since (COMAR 09.42.03.05K(5)(c)).

What the insurance regulator has said

Maryland Insurance Administration Bulletin 26-13 (June 2, 2026) is at insurance.maryland.gov/Pages/Bulletins/Bulletin-26-13.aspx. It says:

• Insurer filings for a Jan 1, 2028 start were due "no later than September 30, 2026".
• Before the Administration decides on a filing, an insurer may give only illustrative quotes. It must disclose that they "are not actual quotes", that final rates "are subject to approval by the Administration" and "may be higher or lower than the illustrated rates".
• An insurer may require the employer to buy a core product, such as life or disability income cover, with the FAMLI plan.

Any price that an employer sees today is illustrative. We print no prices.

Who can sign the consultation form

See the list of agents and brokers. Ask for the Maryland licence number. Ask if the agent receives a commission. Ask for the illustrative-quote disclosure in writing. Put both dates in your to-do list. See all sources on the Maryland rules board.

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