1. A. Eligibility. A covered individual experiencing a qualifying event may file an application for benefits within 60 days before the anticipated start date of the leave for which benefits may be paid under this title, but not later than 60 days after the start date of the leave.

   1. (1) The 60 day filing deadline shall be waived for good cause, up to 1 year from the leave commencing.
   2. (2) On or after the date on which applications for benefits may be submitted to the Division, applications may be accepted up to 60 days before the first day of FAMLI leave requested.
   3. (3) A covered individual shall file their application with their employer’s plan.

2. B. Required Documentation.

   1. (1) A claimant shall provide personal identifying information as required by the Division.
   2. (2) A claimant applying for uniformed services caregiving leave shall provide documentation from the United States government establishing that the service member is a member or veteran of the uniformed services as defined in in 37 U.S.C. § 101, including a member of the National Guard or Reserves;
   3. (3) A claimant shall provide information regarding the employer from which they intend to take FAMLI leave as required by the Division.

   4. (4) A claimant seeking FAMLI leave for bonding or to care for another shall provide any of the following as proof of relationship:

      1. (a) An affidavit signed by the claimant attesting to qualifying relationships as provided by the Division;
      2. (b) Copies of official orders, certifications, or registrations from a government entity; or
      3. (c) Copies of documentation from licensed foster care and/or adoption providers.

   5. (5) Certification of Qualifying Event.

      1. (a) Care or Bonding with a Child. An application for FAMLI leave to care for or bond with a child of the claimant shall include:

         1. (i) A certification of live birth;
         2. (ii) Documentation of placement from a licensed child placement agency or government agency responsible for child placement, and documentation of any court appearances, appointments, or travel in anticipation of placement, if applicable, including a court order or an affidavit of an informal kinship care arrangement; or
         3. (iii) Other reasonable documentation determined by the Division.

      2. (b) Family Member’s Serious Health Condition. An application for FAMLI leave to care for a family member with a serious health condition, shall include a complete certification form, approved by the Division, from a licensed health care provider, establishing:

         1. (i) The first date on which the covered individual took or intends to take FAMLI leave from employment and whether the FAMLI leave will or is intended to be taken for a continuous period of time or intermittently;
         2. (ii) Date of diagnosis;
         3. (iii) The date on which the serious health condition of the family member commenced;
         4. (iv) The probable duration of the serious health condition;
         5. (v) The appropriate facts related to the serious health condition within the knowledge of the licensed health care provider;
         6. (vi) A statement that the covered individual needs to care for a family member and an estimate of the amount of time required to provide the care; and
         7. (vii) If intermittent FAMLI leave is requested, the expected frequency and duration of the intermittent FAMLI leave.

      3. (c) Own Serious Health Condition. An application for FAMLI leave for one’s own serious health condition, shall include a complete certification form, approved by the Division, from a licensed health care provider, establishing:

         1. (i) The first date on which the covered individual took or intends to take FAMLI leave from employment and whether the FAMLI leave will or is intended to be taken for a continuous period of time or intermittently;
         2. (ii) The date on which the serious health condition of the covered individual commenced;
         3. (iii) Treatment dates;
         4. (iv) Period of incapacity;
         5. (v) The probable duration of the serious health condition;
         6. (vi) The appropriate facts related to the serious health condition within the knowledge of the licensed health care provider;
         7. (vii) A statement that the covered individual is unable to perform the functions of the covered individual’s position; and
         8. (viii) If intermittent FAMLI leave is requested, the expected frequency and duration of the intermittent FAMLI leave.

      4. (d) Uniformed Services Caregiving. An application for FAMLI leave to care for a service member for whom the claimant is next of kin with a serious health condition, shall include a complete certification form, approved by the Division, from a licensed health care provider, establishing:

         1. (i) That the serious health condition was caused, or exacerbated by, uniformed service;
         2. (ii) The first date on which the covered individual took or intends to take FAMLI leave from employment and whether the FAMLI leave will or is intended to be taken for a continuous period of time or intermittently;
         3. (iii) The date on which the serious health condition of the service member commenced or was exacerbated;
         4. (iv) The probable duration of the serious health condition;
         5. (v) The appropriate facts related to the serious health condition within the knowledge of the licensed health care provider; and
         6. (vi) If intermittent FAMLI leave is requested, a statement that the covered individual needs to care for a service member and the expected frequency and duration of the intermittent FAMLI leave.
      5. (e) Qualified Exigency. An application for FAMLI leave for a qualifying exigency arising out of the deployment of a service member who is a family member, shall include a copy of the family member’s active duty orders or other documentation issued by the uniformed services that indicates that the service member is on covered active duty or call to covered active duty status, and the dates of the service member’s covered active duty service.
   6. (6) Attestations. The Division may require claimants to attest that information provided in their applications is true to the best of their knowledge and that there are no disqualifying criteria.

   7. (7) Employer Response to Claim Application.

      1. (a) An employer shall have 5 business days to respond to notice from the Division or an EPIP of an employee’s submitted claim application.
      2. (b) At the conclusion of the 5 business day period in §B(7)(a) of this regulation, if there is no employer response, the claim application is considered a complete claim application.
      3. (c) At the conclusion of the 5 business day period in §B(7)(a) of this regulation, if the employer has challenged the claimant’s eligibility, the Division or EPIP shall investigate which may include a request for a response from the claimant.
      4. (d) At the conclusion of the investigation in §B(7)(c) of this regulation, the claim application is considered a complete claim application.
      5. (e) The Division may request supplemental data from the employer together with the notice in §B(7)(a) of this regulation.
      6. (f) If the Division makes a request pursuant to §B(7)(e) of this regulation, and there is no employer response within the 5 business day period in §B(7)(a) of this regulation, the Division may proceed with estimation under COMAR 09.42.02.09C.

      7. (g) If benefits are approved and issued and job and anti-retaliation protections have thus attached and an employer provides a response after the time period provided in §B(7)(a) of this regulation, the response may still be considered and if the information negates the recipient’s eligibility:

         1. (i) The recipient is still entitled to the benefits received;
         2. (ii) Continuation of benefits will cease; and
         3. (iii) Job and anti-retaliation protections apply for the time period from approval of benefits to revocation of benefits.
      8. (h) If FAMLI leave has been retroactively approved and additional information as described in §B(7)(e) of this regulation has been provided then any benefits issued shall be considered an overpayment and job and anti-retaliation protections may not apply.

3. C. Updating a Claim Application.

   1. (1) This provision applies to applications a claimant may need to update as well as the incomplete application notification requirements in Labor and Employment Article, §8.3-703, Annotated Code of Maryland.

   2. (2) A claim shall be updated within 10 days, or as soon as practicable with good cause shown, of any changes to the following information provided on an application:

      1. (a) Basis for leave;
      2. (b) Start date of leave;
      3. (c) Duration of leave;
      4. (d) End date of leave; or
      5. (e) Whether the claimant has begun to receive Workers’ Compensation or Unemployment Insurance benefits.
   3. (3) Failure to update a claim with any changes to the information provided on an application for benefits may result in a delay, underpayment, overpayment, or denial of benefits.

4. D. Cancelation of a Claim.

   1. (1) If a claimant no longer requires FAMLI benefits, their application may be withdrawn.
   2. (2) If the FAMLI leave period has already commenced, the total amount of FAMLI leave actually taken, not the total amount applied for, will be assessed against the claimant’s FAMLI leave balance for the application year.

Authority: Labor and Employment Article, §§8.3-101, 403, 701, 702, and 902, et seq., Annotated Code of Maryland

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