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FMLA
Employer's Toolbox

Maryland Delays Paid Family and Medical Leave Insurance Program: What Employers Need to Know

In a significant development, the Maryland Department of Labor has proposed delaying the implementation of the state’s Family and Medical Leave Insurance (FAMLI) program. This postponement aims to provide additional time for businesses and employees to prepare for the program’s rollout, especially in light of recent federal workforce reductions and funding shifts impacting Maryland’s economy. Background on FAMLI Enacted in 2022, the FAMLI program is designed to offer Maryland workers up to 12 weeks of paid leave to care for themselves or family members facing serious health conditions, welcome a new child, or address needs related to a family member’s military deployment. The program ensures job protection and provides a portion of the employee’s wages during the leave period. Proposed Changes Originally, the FAMLI program was set to begin payroll contributions on July 1, 2025, with benefits becoming available on July 1, 2026. However, the Maryland Department of Labor has recommended the following adjustments: Payroll Deductions Start Date: Postponed to January 1, 2027. Benefits Availability Date: Deferred to January 1, 2028. This proposed delay is intended to grant businesses and employees more time to adapt to the new system, especially considering the economic uncertainties arising from recent federal decisions. Maryland Labor Secretary Portia Wu emphasized the state’s commitment to supporting its residents during these challenging times, stating, “State agencies like MD Labor are laser-focused on supporting Marylanders as we all respond in real time to the cascading impacts of federal decisions.”    Legislative Actions In response to the proposed delay, Maryland state Senator Stephen Hershey introduced Senate Bill 355, seeking to officially extend the FAMLI program’s effective dates by two years. During a Senate Finance Committee hearing on February 5, 2025, concerns were raised about the readiness of the program’s implementation and its potential economic impact on the business community.    Implications for Employers and Employees If the proposed delay is enacted, employers will have until January 1, 2027, to begin payroll deductions for the FAMLI program, with employees becoming eligible for benefits starting January 1, 2028. This extension provides additional time for businesses to adjust their payroll systems and for employees to plan for the upcoming changes. The Moore-Miller administration remains dedicated to implementing a robust paid family and medical leave program that benefits workers while maintaining the state’s economic competitiveness. The Maryland Department of Labor continues to develop the necessary digital infrastructure for claims processing and financial management to ensure a seamless transition once the program is launched.    Stay Informed As the situation evolves, it’s crucial for both employers and employees to stay informed about legislative developments related to the FAMLI program. For the most current information and updates, visit the Maryland Department of Labor’s official FAMLI page.  Luchansky Law is committed to keeping you updated on this and other legislative matters that impact your business and employment rights. For personalized legal guidance regarding the FAMLI program and its implications, please contact our office at: (410) 522-1020 | info@luchanskylaw.com |  www.luchanskylaw.com  About Luchansky Law   Luchansky Law is a preeminent labor and employment law firm committed to providing exceptional legal representation and client service. Founded in 2004 by Bruce Luchansky, the firm offers a wide range of legal services to businesses and individuals, focusing on workplace issues, employment disputes, and compliance. Luchansky Law is dedicated to upholding the highest standards of diligence, professionalism, and compassion in its practice. Resources  OHS Online paidleave.maryland.gov  

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Pivotal Digital Feb 24 No Comments
Employer's Toolbox

Understanding the Intersection of FMLA and State Paid Family Leave Programs

LThe Family and Medical Leave Act (FMLA) of 1993 grants eligible employees up to 12 weeks of unpaid, job-protected leave annually for specific family and medical reasons. While FMLA leave is typically unpaid, employees may choose—or employers may require—the substitution of accrued paid leave to cover this period. This means that an employee’s accrued paid leave, such as vacation or sick leave, can run concurrently with FMLA leave, providing income during what would otherwise be an unpaid absence. In recent years, several states have implemented their own Paid Family and Medical Leave (PFML) programs, offering paid leave benefits to employees for qualifying family and medical reasons. These state programs are designed to complement federal provisions, providing wage replacement during leave periods. States like Maryland, California, New York, and Washington have enacted PFML laws, each with unique provisions regarding eligibility, duration, and funding. Do FMLA Substitution Rules Apply to State or Local Paid Family Leave Programs? A key question for employers and employees alike is whether FMLA regulations on the substitution of paid leave apply when employees take leave under state or local paid family leave programs. The answer lies in understanding the distinct nature of these benefits: FMLA Substitution of Paid Leave:Under FMLA, “substitution” refers to the practice of using accrued employer-provided paid leave (like vacation or sick leave) concurrently with FMLA leave. Importantly, FMLA’s substitution provisions apply to accrued paid leave provided by the employer, not to benefits from external sources like state PFML programs. State PFML Programs:State PFML benefits are typically funded through state-administered insurance programs, financed by payroll taxes paid by employees, employers, or both. These benefits are not considered accrued paid leave under an employer’s policies but are instead state-provided wage replacements. As such, FMLA substitution provisions do not apply to these benefits. Practical Implications for Employers and Employees When an employee takes leave that qualifies under both FMLA and a state PFML program, the two types of leave generally run concurrently. During this period, the employee receives wage replacement through the state program while being protected under FMLA’s job security provisions. Employers cannot require employees to substitute accrued paid leave for the period covered by state PFML benefits, as these are separate entitlements. However, employers and employees may agree to allow accrued paid leave to supplement state PFML benefits—such as where state benefits provide partial wage replacement—to achieve full salary coverage during the leave period. Key Takeaways FMLA substitution provisions apply only to employer-provided accrued paid leave, not to state PFML benefits. Employers and employees should familiarize themselves with the specific provisions of their state PFML program and its interaction with FMLA. Clear communication of leave policies and updates is critical to ensuring compliance and informed decision-making. For More Resources on FMLA and PFML Luchansky Law has previously explored topics related to FMLA and Maryland’s Family and Medical Leave Insurance (FAMLI) program. For additional insights, please see: Maryland is Preparing to Implement the Family and Medical Leave Insurance (FAMLI) Program—Are You Prepared?This post details Maryland’s FAMLI program, which offers paid family leave benefits, and its implications for employers. Employers Can Challenge FMLA Certifications Without Obtaining Additional Medical OpinionsThis post discusses the rights of employers to challenge FMLA medical certifications and the regulatory framework for doing so.  Stay informed about federal and state developments at employmentattorneymd.com to navigate the complexities of FMLA and PFML compliance while supporting employees during critical life events.  Sign up for more content from Luchansky Law here.   About Luchansky Law Luchansky Law is a premier labor and employment law firm committed to providing exceptional legal representation and client service. Founded in 2004 by Bruce Luchansky, the firm offers a wide range of legal services to businesses and individuals, focusing on workplace issues, employment disputes, and compliance. Luchansky Law is dedicated to upholding the highest standards of diligence, professionalism, and compassion in its practice. Please call (410) 522-1020, email us at info@luchanskylaw.com, or stop by our office at 606 Bosley Avenue, Suite 3B, Towson, Maryland, 21204.       

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Pivotal Digital Jan 17 No Comments
Employer's Toolbox

Maryland’s Family and Medical Leave Insurance (FAMLI) Program: Key Details and Implications for Employers

Maryland is preparing to implement the Family and Medical Leave Insurance (FAMLI) Program: Are you Prepared?  Maryland is on track to implement the Family and Medical Leave Insurance (FAMLI) Program, which will enable eligible employees to take paid time off for a range of personal and family health reasons beginning July 1, 2026. This initiative, administered by the Maryland Department of Labor, is designed to support employees’ ability to maintain workforce participation while managing significant life events, such as serious health conditions or family caregiving responsibilities. What the Program Offers The FAMLI Program provides employees with a wage replacement benefit of up to $1,000 per week during qualified leave periods, covering up to 12 weeks in a 12-month period. Employees facing multiple qualifying events may be eligible for an additional 12 weeks, allowing up to 24 weeks in total if necessary. Key Elements of the Program Eligibility Requirements: To be eligible, employees must have worked at least 680 hours within the 12 months preceding their requested leave. This threshold ensures that workers have an established connection to the workforce, enabling them to take advantage of the benefits after meeting this baseline requirement. Funding and Contributions: Contributions to the FAMLI fund will commence on July 1, 2025, funded by payroll contributions from both employers and employees. Employers with 15 or more employees will share this responsibility, each contributing 0.45% of wages. Smaller employers (fewer than 15 employees) are exempt from contributing, but their employees will still contribute their portion. This funding structure ensures a balanced approach, minimizing the financial impact on smaller businesses while enabling widespread access to paid leave for Maryland workers. Qualifying Events for Leave: Employees may use FAMLI benefits for various situations, including: Family Care: Caring for a newborn or recently adopted child. Serious Health Condition: Addressing a personal or family member’s significant medical issues. Military Situations: Managing issues related to the deployment or service of a family member in the military. These qualifying events are aligned with the challenges many employees face, particularly in supporting immediate family members or addressing their own health needs. Employer Compliance and Administration: The Maryland Department of Labor is responsible for overseeing the program’s implementation and compliance. Employers will need to understand their responsibilities in processing contributions, notifying employees of their rights, and ensuring that workplace policies reflect the new paid leave options. Employers may find that facilitating this leave enhances employee satisfaction and retention, as workers will have the support needed to balance personal responsibilities with their professional roles. Benefits for Employers and Employees The FAMLI Program is expected to positively impact workforce stability by reducing employee turnover and promoting a healthy work-life balance. Research shows that access to paid leave can lead to improved employee morale, higher retention rates, and increased productivity. For employees, FAMLI offers the financial stability to take necessary leave without jeopardizing their income or employment. Preparing for FAMLI Implementation Employers should start preparing for FAMLI by: Reviewing Payroll Processes: Ensure payroll systems can manage the collection and remittance of contributions starting in 2025. Updating Employee Policies: Integrate FAMLI information into employee handbooks and leave policies. Educating Staff: Inform employees about their eligibility and benefits, emphasizing how the program can support them through various life events. As Maryland moves closer to full FAMLI implementation, employers and employees alike should familiarize themselves with the program details. This proactive approach will help ensure that workplaces across Maryland are ready to support their staff’s needs while meeting regulatory requirements. For the latest updates, employers and employees can visit Maryland Department of Labor’s FAMLI. About Luchansky Law Luchansky Law is a premier labor and employment law firm committed to providing exceptional legal representation and client service. Founded in 2004 by Bruce Luchansky, the firm offers a wide range of legal services to businesses and individuals, focusing on workplace issues, employment disputes, and compliance. Luchansky Law is dedicated to upholding the highest standards of diligence, professionalism, and compassion in its practice. Please call (410) 522-1020, email us at info@luchanskylaw.com, or stop by our office at 606 Bosley Avenue, Suite 3B, Towson, Maryland, 21204.  References: MD Department of Labor Maryland Paid Leave

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Pivotal Digital Oct 27 No Comments

Requesting FMLA leave before meeting the eligibility standards

As most of us know, the FMLA provides an employee with 12 weeks of leave during any 12 month period in which a “serious health condition” prevents the employee from performing the functions of his or her position.  However, there are eligibility requirements which an employee must satisfy in order to qualify for FMLA leave, one of which is that the employee must have worked for that employer for at least 12 months.  (Are you noticing a theme with the number 12?) Imagine a scenario where an employee began working for an employer on November 17, 2012.  Then on November 13, 2013 — 361-days later and a mere 4-days shy of the one-year anniversary for becoming FMLA eligible — the employee puts in a request for FMLA leave to begin on November 17, 2013 (i.e., the first day on which the employee becomes FMLA eligible).  Would it be illegal for the employer to then terminate the employee on November 16, 2013 (one-day before the employee qualifies for FMLA)?  This very scenario was addressed this month by a Federal Court in the case of Wages v. Stuart Management Corporation, 2014 U.S. Dist. LEXIS 63646 (May 8, 2014). In this case, Mrs. Wages (yes, the employee’s last name was actually “Wages”) gave her employer notice of her desire to take FMLA leave on November 13, when she was not eligible.  But the FMLA leave was not to commence until November 17, when Mrs. Wages would have been eligible.  And the company fired her in the interim (thereby ending Mrs. Wages’s entitlement to wages). The Court said, under the circumstances, the employer’s conduct was illegal: The determination of whether an employee . . . has been employed by the employer for a total of at least 12 months must be made as of the date the FMLA leave is to start. An employee may be on non-FMLA leave at the time he or she meets the 12-month eligibility requirement, and in that event, any portion of the leave taken for an FMLA-qualifying reason after the employee meets the eligibility requirement would be FMLA leave. *          *          * Defendant does not contend that Wages was not entitled to use sick leave, personal leave, or vacation time to cover her reduced time until she became FMLA-eligible. The only reason Wages was not able to reach her eligibility date is because Defendant fired her before she could do so. The Court therefore finds that Wages was an eligible employee under the framework established by the FMLA. You read that correctly.  The Court found that the employer interfered with Mrs. Wages’s FMLA rights by terminating her in advance of her otherwise qualifying for FMLA leave. Takeaways. At the outset, when an employee sues you to collect lost wages and the employee’s last name is “Wages,” be very concerned.  Something about this name just foreshadows a bad ending for the employer.  Settle quickly. In scenarios such as above, it may be unlawful for an employer to terminate an FMLA-seeking employee even before his/her one-year anniversary with the company if that employee can bridge the gap between FMLA-ineligible and FMLA-eligible by using accrued time off or other forms of leave. Also, if an employee seeks FMLA leave for a serious health condition, even if the employee will run out of accrued time off before becoming FMLA-eligible, terminating that employee could run afoul of the Americans with Disabilities Act as well.  The ADA requires reasonable accommodations for employees with disabilities.  And many FMLA “serious health conditions” qualify as disabilities too. 

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Bruce Luchansky May 28 No Comments

What is the “FMLA,” and what rights does it provide me?

The “FMLA” is the Family and Medical Leave Act, a federal law that protects an employee’s job when the employee takes leave because of a serious health condition, or on account of the birth or adoption of a baby.  The protections under the FMLA are strong – but not everyone qualifies for coverage.  Therefore, it is important to know what the FMLA covers – and what it does not. Here are the basics: What do eligible employees “get”?  The FMLA entitles eligible employees to receive up to 12 weeks per year of unpaid leave if the employee or a family member suffers from a serious health condition, or the employee experiences the birth or adoption of a child.  Employers may not discriminate against or retaliate against employees who take FMLA leave.  Upon completion of leave, the employer generally must restore the employee to their previous position, or to an equivalent position. Which employers are covered, and which employees are eligible?  The FMLA does not apply to small employers.  Companies must have at least 50 employees on their payroll (for a certain period of time) in order for companies to be required to comply with the FMLA.  Employees who work for such a company also do not become eligible under the FMLA right away.  Employees must have worked there for at least a year, and they must have worked at least 1,250 hours during the past 12 months. Schedule a Consultation If you suspect that you have been wrongfully denied your FMLA rights, or if you believe your employer has retaliated against you for taking FMLA leave, it is essential that you speak with an experienced Maryland workplace lawyer at once.  Time limits apply on the right to bring a claim under the FMLA, and it is important to act quickly to secure your rights.  Feel free to call the Maryland workplace attorneys at Luchansky Law for a consultation at 410.522.1020.

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Bruce Luchansky May 30 No Comments

Collins v. Quest Diagnostics Nichols Institute, Inc.

On May 28, 2013, our Towson, MD employment law firm filed a lawsuit  in federal court against Quest Diagnostics Nichols Institute, Inc. for alleged violations of the what rights does it provide me?” href=”http://employmentattorneymd.com /employment-law-blog/05/2013/what-is-the-fmla-and-what-rights-does-it-provide-me/”>Family and Medical Leave Act (“FMLA”) and the Fair Labor Standards Act (“FLSA”). To learn more about the case or to download the complaint, visit our Recent Cases page.

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Bruce Luchansky May 28 No Comments

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