1. A. Employer to Employee.

   1. (1) An employer shall give an employee notice about FAMLI leave and benefits in the following circumstances:

      1. (a) 6 months prior to the commencement of benefits, either through an EPIP or with the State plan;
      2. (b) At hire;
      3. (c) Annually;
      4. (d) 30 days before any changes to the employer’s FAMLI procedures or plan go into effect; and
      5. (e) When the employer knows that an employee’s leave or leave request may be eligible for FAMLI.
   2. (2) The Division will publish prescribed forms and templates for employer use under COMAR 09.42.01.03.
   3. (3) If the employer collects an electronic or physical acknowledgement of receipt by the claimant (such as an electronic or wet signature) of the notice, the claimant is considered notified.

2. B. Employee to Employer.

   1. (1) FAMLI Leave.

      1. (a) Foreseeable FAMLI Leave. If the need for FAMLI leave is foreseeable, an employee shall provide 30 days notice to an employer.
      2. (b) Unforeseeable FAMLI Leave. If an employee did not or could not have known about the need for FAMLI leave 30 days before the FAMLI leave commencement date, the employee shall be required to provide notice as soon as practicable of the need for FAMLI leave to their employer.
      3. (c) An employer may waive the notice requirement.

      4. (d) An employer is deemed to have waived the notice requirement under §B(1)(a) of this regulation if the employer:

         1. (i) Did not invoke it when notified of the claim by the Division or the EPIP; or
         2. (ii) Failed to notify the claimant that the employer requires notice under §B(1)(a) of this regulation.

   2. (2) Intermittent FAMLI Leave.

      1. (a) If FAMLI leave is to be taken on an intermittent schedule, the employee shall:

         1. (i) Make a reasonable effort to schedule the intermittent FAMLI leave in a manner that does not cause significant difficulty or expense in relation to the resources and specific operations of the employer’s operations; and
         2. (ii) Provide the employer with reasonable and practicable prior notice of the reason, dates, and duration for which intermittent FAMLI leave is necessary.

      2. (b) Notice of Intermittent Leave Schedule.

         1. (i) A recipient who is approved for intermittent FAMLI leave who fails to provide reasonable and practicable prior notice to their employer of the intermittent leave schedule may be subject to the employer’s established absence policy.
         2. (ii) An employer, whether enrolled in the State plan or an EPIP, shall notify the Division when a recipient approved for intermittent FAMLI leave fails to provide the notice detailed in §B(2)(a) of this regulation before the employer takes action against the employee under the employer’s established absence policy.
         3. (iii) If a recipient’s utilization of intermittent FAMLI leave is inconsistent with the FAMLI leave approval, it may not be considered retaliation for an employer to request additional information related to the use of FAMLI leave.

3. C. State Plan or EPIP to Claimant. Claimants shall be provided notice in the following circumstances:

   1. (1) When a claimant’s application is submitted.
   2. (2) When an incomplete application is submitted, within 5 business days of application submission.
   3. (3) When a notice is sent to the claimant’s employer (confidentiality restrictions).
   4. (4) When their employer’s response is submitted.

   5. (5) Whether their application is approved, within 10 business days of complete claim application submission including:

      1. (a) Benefit amount;
      2. (b) FAMLI benefits beginning date;
      3. (c) FAMLI leave period beginning date;
      4. (d) FAMLI benefits ending date;
      5. (e) FAMLI leave period ending date;
      6. (f) Duration and frequency of intermittent FAMLI leave (if applied for); and
      7. (g) The claimant’s appeal rights.

   6. (6) Whether their application is denied (in full or in part) within 10 business days of complete claim application submission and the notice shall:

      1. (a) State concisely and simply:

         1. (i) The reasons for denial;
         2. (ii) The claimant’s appeal rights;
         3. (iii) The facts that are asserted; or
         4. (iv) If the facts cannot be stated in detail when the notice is given, the issues that are involved;
      2. (b) State the pertinent statutory and regulatory sections under which the action was taken;

      3. (c) State that the party receiving the notice has the opportunity to request a reconsideration, including:

         1. (i) What, if anything, a person must do to receive a reconsideration; and
         2. (ii) All relevant time requirements; and
      4. (d) State the direct consequences, if any, or remedy of the party receiving the notice’s failure to exercise in a timely manner the opportunity for a reconsideration.

4. D. State Plan or EPIP to Employer. An employer shall be provided notice of any of the following circumstances occurring:

   1. (1) An employee files an application;
   2. (2) An employee files a complete claim application;
   3. (3) A determination regarding a claim for benefits is made;
   4. (4) A reconsideration or an appeal of a determination regarding a claim for benefits is filed; or
   5. (5) A change is made to a determination regarding a claim for benefits.

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)