A. General.
- (1) Except as outlined in §A(2) of this regulation, any claimant may receive up to 12 weeks of FAMLI benefits and leave per employer per application year.
(2) A claimant may receive an additional 12 weeks of FAMLI benefits and leave if the claimant during the same application year:
- (a) Received medical leave and becomes eligible for bonding leave; or
- (b) Received bonding leave and becomes eligible for medical leave.
(3) For each claim, a claimant may be approved for the lesser of:
- (a) 12 weeks;
- (b) The remaining FAMLI leave balance for the claimant for the application year;
- (c) The amount requested; or
- (d) If applicable, the amount supported by any required documentation.
B. Family Leave.
(1) Bonding Leave.
- (a) Birth of a Child. Any claimant seeking leave for bonding with a child may apply for up to 12 weeks of FAMLI leave within the first 12 months beginning on the date of the birth.
(b) Adoption, Foster Care, or Kinship Care.
- (i) Any claimant seeking leave for bonding with a child placed through adoption, fostering, or kinship care may apply for up to 12 weeks of FAMLI leave within 12 months of the placement.
- (ii) FAMLI leave may also be used in anticipation of placement for court appearances, legal appointments, placement agency appointments, counseling appointments, medical appointments, and travel, provided they are substantiated by documentation required.
(2) Caring for a Family Member.
- (a) A claimant seeking leave to care for a family member may apply for up to 12 weeks of FAMLI leave provided documentation from a licensed health care provider substantiating the time period requested is submitted with the application.
(b) Death of Family Member. If the covered individual is on approved FAMLI leave and the person they are caring for dies, the reason for that leave has ended.
- (i) Benefits shall continue to be paid to the covered individual until 7 days after the death of the family member or the previously approved end date for the leave, whichever date is soonest.
- (ii) The covered individual shall provide notice of the date of death of the family member for whom the covered individual was caring within 72 hours of the person’s passing.
- (3) Uniformed Services Caregiving. A claimant seeking leave to care for a service member may apply for up to 12 weeks of FAMLI leave provided documentation from a licensed health care provider substantiating the time period requested is submitted with the application.
- C. Medical Leave. A claimant seeking leave for their own serious health condition may apply for up to 12 weeks of FAMLI leave provided documentation from a licensed health care provider substantiating the time period requested is submitted with the application.
- D. Qualified Exigency Leave. A claimant seeking leave for a qualifying exigency may apply for up to 12 weeks of FAMLI leave provided documentation outlined in COMAR 09.42.04.04(B)(5)(e) substantiating the time period requested is submitted with the application.
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)