1. A. An EPIP shall cover all individuals employed by the employer who perform qualified employment.
2. B. Benefits shall be paid to any employee who would be eligible for benefits under the State plan, had the employer chosen coverage under the State plan.
3. C. All forms required to be completed by an employee or healthcare provider under an EPIP shall be forms prescribed by the Division in COMAR 09.42.01.03.
4. D. An EPIP shall allow FAMLI benefits and leave to be taken for all purposes specified in the State plan.
5. E. An EPIP shall allow a covered employee to take family leave or medical leave or qualified exigency leave in an application year for periods of time equal to or longer than the duration of leave provided under the State plan.
6. F. An EPIP benefit calculation shall result in a weekly benefit that is equal to or greater than what the benefit would be if the employee received benefits from the State plan.
7. G. If an employee has less than the requisite hours needed to make a benefit determination with their current employer, the current employer shall confirm the employee’s previously reported hours and benefit amount with the Division and shall account for the information from the Division to make the benefit determination.
8. H. An EPIP shall allow leave to be taken in the same, or less restrictive, increments or nonconsecutive periods as provided under the State plan.
9. I. An EPIP may not impose additional conditions, restrictions, or barriers on the use of leave beyond those explicitly authorized by the State plan and shall meet or exceed the rights, protections, and benefits provided under the State plan.
10. J. The amount at which employee withholdings are made to an EPIP cannot exceed the amount the same employee would contribute under the State plan.
11. K. An approved EPIP may not begin withholding until the policy effective date.
12. L. Employee withholdings received or retained under an EPIP are not considered part of an employer’s assets for any purpose other than paying benefits or premiums under this subtitle.
13. M. An EPIP shall establish claims processing procedures under COMAR 09.42.04.
14. N. An EPIP shall establish reconsideration and appeal procedures under COMAR 09.42.05.
15. O. An employer participating in an EPIP shall be subject to the notice requirements in Labor and Employment Article, §8.3-801, Annotated Code of Maryland.
16. P. An employer participating in an EPIP shall use the written notices prescribed by the Division under COMAR 09.42.01.03.
17. Q. All EPIP documents and communications shall be subject to the same accessibility, language access, and translation requirements as the Division.
18. R. An employer shall ensure compliance with relevant federal and state laws regarding confidentiality of records.

19. S. The Division, as a result of an appeal by a covered employee, may pay benefits from the State plan to a covered employee whom an EPIP was obligated to pay, if the Division determines both of the following:

    1. (1) Some benefits went unpaid; and
    2. (2) It is unlikely that the covered employee will otherwise be paid the benefits.
20. T. An employer and/or EPIP administrator shall reimburse the State plan for the amounts and the Division may pursue all legal means to collect the amounts from the employer and/or EPIP administrator if the Division pays benefits from the State plan to a covered employee whom the EPIP was obligated to pay.

Authority: Labor and Employment Article, §§8.3-101, 403, 503, and 705, Annotated Code of Maryland

Effective date: March 30, 2026 (53:6 Md. R. 290)