1. A. Claimant Average Weekly Wage.

   1. (1) A claimant’s average weekly wage shall be calculated by dividing the wages earned from the employer from whom the claimant is taking FAMLI leave over the highest of the previous 4 completed calendar quarters for which quarterly reports have been required prior to the anchor date by 13.
   2. (2) If the Division does not have completed wage and hour reports for at least 2 quarters for an employed claimant with the employer from which they have requested leave, the Division will use the highest quarter of the most recent 4 quarters the claimant worked for any employer to calculate the employed claimant’s average weekly wage.

2. B. Continuous FAMLI Leave Benefit Calculation.

   1. (1) If the claimant’s average weekly wage is 65 percent or less of the State average weekly wage, benefits will be 90 percent of the claimant’s average weekly wage; or, if the claimant’s average weekly wage is greater than 65 percent of the State average weekly wage, benefits will be the sum of:

      1. (a) 90 percent of the claimant’s average weekly wage up to 65 percent of the State average weekly wage; and
      2. (b) 50 percent of the claimant’s average weekly wage that is greater than 65 percent of the State average weekly wage up to the maximum weekly benefit amount.
   2. (2) The benefit amount shall be calculated using the State average weekly wage and maximum weekly benefit amount in effect at the time the approved leave begins and that amount shall be set for the duration of the claim.
3. C. Intermittent FAMLI Leave Hours Calculation. For an intermittent leave claim, one week of benefits equals the quotient of the number of hours worked during the highest earning quarter of the previous 4 completed calendar quarters for which quarterly reports have been required prior to the anchor date divided by 13.

4. D. Intermittent FAMLI Leave Benefit Calculation.

   1. (1) For intermittent FAMLI leave an hourly benefit amount will be calculated by dividing the weekly benefit amount by the average number of hours worked per week during the highest earning of the previous 4 completed calendar quarters for which quarterly reports have been required prior to the anchor date.
   2. (2) The benefit amount to be disbursed will be calculated by multiplying the hourly benefit amount by the number of hours of intermittent FAMLI leave taken in a week.
   3. (3) The benefit amount shall be calculated using the State average weekly wage and maximum weekly benefit amount in effect on the anchor date.
   4. (4) On or before the first day of January the benefit amount of every open and active claim for intermittent leave shall be readjusted based on the new maximum weekly benefit amount.

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)