Maryland’s Paid Family and Medical Leave program: administered through the Family and Medical Leave Insurance (FAMLI) Division: is moving toward implementation. For employers, one of the most important near-term decisions is whether to participate in the State Plan or evaluate an approved Equivalent Private Insurance Plan (EPIP).
The first deadline is approaching quickly: the Declaration of Intent (DOI) filing window opens September 1, 2026, and closes November 15, 2026.
If you are considering a private plan, waiting until September to begin may leave too little time to compare options, gather documentation, coordinate with a licensed insurance professional, and complete the Maryland process accurately. The DOI is the first required step for employers seeking to keep the EPIP strategy open and potentially qualify for the seeding-period contribution exemption.
What Is Maryland’s PFML Program?
Maryland’s program is commonly referred to as FAMLI, or Family and Medical Leave Insurance. It is designed to provide paid leave and job protections for qualifying family, medical, and military-related events.
Under the Maryland framework, employers must register with FAMLI and are automatically enrolled in the State Plan unless they obtain approval for a private plan. Employers using an EPIP must provide benefits and services that meet or exceed the State Plan’s requirements.
An EPIP may be:
- Commercially insured, meaning the employer purchases coverage from an approved insurance carrier.
- Self-insured, meaning the employer assumes the financial risk and may administer benefits directly or through a third-party administrator.
A private plan is not automatically approved simply because it offers paid leave. The plan must satisfy Maryland’s legal, benefit, claims, notice, reporting, and administrative requirements. Approval remains subject to the Maryland FAMLI Division and, for commercial insurance products, the Maryland Insurance Administration.
Why Employers Are Evaluating Private Plan Options
An EPIP may offer a business an alternative way to manage its paid family and medical leave obligations. Depending on the employer’s workforce, financial objectives, existing benefits structure, and administrative resources, a private plan may provide potential advantages such as:
- The opportunity to compare plan designs and service models.
- A more familiar insurance-based claims process through a commercial carrier.
- Potential coordination with an employer’s broader benefits and leave administration strategy.
- Greater visibility into the carrier or administrator handling employee claims.
- The ability to evaluate pricing, service commitments, and administrative support before selecting a final arrangement.
These potential advantages must be weighed against important responsibilities. Private plans may charge an employer more than the State Plan rate. A self-insured EPIP may also require additional financial safeguards, claims administration, recordkeeping, reporting, and oversight.
Under Maryland requirements, an EPIP must cover all employees performing qualified employment and provide benefits that are at least as favorable as those available under the State Plan. Employers should evaluate the entire obligation: not only the contribution rate.
The Declaration of Intent Is the First Required Step
The DOI is a legally binding statement that an employer intends to provide an approved EPIP with an effective date of January 1, 2028. Filing a DOI does not mean the employer’s private plan has been approved. It establishes the employer’s intent and begins a process that carries ongoing financial and compliance obligations.
The DOI filing window is:
September 1, 2026, through November 15, 2026
An authorized officer must submit a separate DOI for each employer identification number (EIN). Employers should not assume that one submission covers all related entities or affiliated businesses.
The Maryland FAMLI Division states that DOI submissions are reviewed within 15 business days. A complete submission is therefore important; incomplete, unreadable, or improperly signed materials can create avoidable delays.
The Three-Step Process for Employers
Step 1: Introduce the Private Plan Strategy
The first step is determining whether an EPIP deserves serious consideration for your organization.
This discussion should include more than a simple comparison of projected premiums. You should review:
- Your Maryland employee population and workforce locations.
- Whether your organization is considering a commercial or self-insured plan.
- Expected employee and employer contributions.
- Claims administration and leave-management responsibilities.
- Payroll and reporting requirements.
- Required employee notices and communications.
- Financial reserves, escrow, bonding, or other security requirements.
- How the option fits with your existing disability, leave, and employee-benefit programs.
For example, a 35-employee company may prefer a commercially insured plan because it wants a carrier to process claims and provide administrative support. A larger employer with established benefits infrastructure may also evaluate self-insurance, but it must consider the additional financial and operational responsibilities.
This is where an experienced broker or benefits consultant adds value. We can help you compare available strategies independently rather than limiting the discussion to a single plan or carrier.
Step 2: Prepare the DOI Materials
The Maryland FAMLI process requires the employer to register with the FAMLI portal. The initial registration must be completed by an authorized officer.
The employer must also download and complete the Maryland Proof of Private Plan Consultation form. This form must be signed by a licensed insurance agent or an insurance-company representative confirming that the employer discussed commercially insured EPIP options.
The DOI preparation process generally requires you to:
- Identify the authorized officer for each EIN.
- Register the employer through the Maryland FAMLI portal.
- Review the private-plan strategy with a licensed insurance professional or carrier representative.
- Complete and sign the Proof of Private Plan Consultation form.
- Upload the completed form to the FAMLI account.
- Attest to the employer’s understanding of its ongoing obligations.
- Review the DOI submission for accuracy before filing.
The form and submission should be treated as compliance documents, not routine paperwork. Your organization should retain copies of the submitted DOI, supporting materials, confirmation emails, and related plan-analysis documents.
Step 3: Submit the DOI Between September 1 and November 15, 2026
The filing window is limited. You must submit the DOI electronically through the Maryland Department of Labor’s FAMLI system during the period beginning September 1, 2026, and ending November 15, 2026.
Do not wait until the final days of the window. Portal access issues, missing signatures, incorrect EIN information, or incomplete consultation documentation may require additional time to resolve.
A timely DOI may allow an eligible employer to avoid remitting FAMLI contributions to the State during the 2027 seeding period. However, this does not mean the funds disappear or become available for general business use.
If the DOI is accepted, the employer must generally collect and hold the contributions that would otherwise be due in an escrow account beginning in January 2027. If the employer’s EPIP application is later denied or the employer elects to use the State Plan, the escrowed funds may need to be remitted to the State, potentially with interest or penalties depending on the circumstances.
Important Costs and Compliance Responsibilities
Employers should evaluate the financial impact before filing.
Maryland’s published EPIP application fees include:
- Commercial plan: $100 for employers with 1–14 employees
- Commercial plan: $250 for employers with 15–49 employees
- Commercial plan: $500 for employers with 50–199 employees
- Commercial plan: $600 for employers with 200–499 employees
- Commercial plan: $750 for employers with 500–999 employees
- Commercial plan: $1,000 for employers with 1,000 or more employees
- Self-insured plan: $1,000 for all employer sizes
These fees apply to the later EPIP application process, not simply to the initial DOI.
Maryland states that private plan applications will be available in summer 2027 and must be submitted by October 1, 2027. An approved plan becomes effective on the first day of the calendar quarter following approval, subject to the applicable requirements.
Employers with approved private plans must also continue submitting quarterly wage and hour reports. Private-plan employers have an additional obligation to report claims data. Recordkeeping requirements may include maintaining benefit applications, payment records, decisions, reconsiderations, wage information, and employee withholdings for at least five years.
Do Not Treat the DOI as a Final Approval
The DOI keeps the private-plan strategy moving forward, but it is not a guarantee that Maryland will approve your eventual EPIP.
Your final plan must comply with Maryland requirements concerning benefit duration, weekly benefit calculations, qualifying events, employee protections, claims processing, appeals, notices, reporting, accessibility, and confidentiality. An employer that fails to meet these requirements may face financial exposure, penalties, loss of approval, or an obligation to return to the State Plan.
For this reason, the right time to evaluate the strategy is before September 1: not during the filing window.
How Total Benefit Solutions Can Help
Total Benefit Solutions helps employers navigate complex health insurance and employee-benefit requirements with a practical, advocacy-focused approach.
We can help you:
- Evaluate whether a commercial or self-insured EPIP may fit your organization.
- Compare available benefit strategies and administrative models.
- Understand DOI, escrow, application, reporting, and documentation requirements.
- Coordinate with carriers, licensed insurance professionals, payroll teams, and administrators.
- Organize the information needed for the DOI process.
- Identify questions to address before selecting a private plan.
- Track upcoming deadlines and reduce avoidable compliance gaps.
We do not treat a private plan as a one-size-fits-all solution. Approval and ongoing compliance depend on Maryland’s laws, regulations, and administrative requirements. Our role is to help you understand those requirements and move forward with a well-informed strategy.
You can review Maryland’s official employer guidance on the FAMLI Division’s “Understand Your Plan” page, register through the Maryland FAMLI portal, and review the applicable COMAR FAMLI regulations.
Start Before September 1, 2026
If you are considering an approved Equivalent Private Insurance Plan, now is the time to begin. Waiting until the DOI window opens may compress your evaluation, documentation, and submission timeline.
Contact Total Benefit Solutions at 215-355-2121 or visit www.totalbenefits.net to discuss your Maryland PFML strategy. We can help you understand the options, organize the next steps, and prepare to approach the September 1–November 15 filing window with greater confidence.
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