1. A. FMLA. An employee’s annual maximum duration of FAMLI leave may be reduced by the employee’s use of FMLA if:

   1. (1) The employee’s FMLA leave was also eligible for FAMLI;
   2. (2) The employer notified the employee of their potential eligibility for FAMLI when the employee took FMLA; and
   3. (3) The employee did not apply for FAMLI leave.

2. B. Employer-Provided Leave.

   1. (1) Alternative FAMLI Purpose Leave (AFPL).

      1. (a) An employer may require an employee to use AFPL concurrently or in coordination with FAMLI provided the AFPL is:

         1. (i) Specifically designed to fulfill a purpose of FAMLI;
         2. (ii) Paid;
         3. (iii) Not accrued;
         4. (iv) Not subject to repayment if the employee leaves their position;
         5. (v) Not available for general purposes; and
         6. (vi) Available without a requirement to exhaust another form of leave.
      2. (b) If an employer chooses to require an employee to use AFPL concurrently or in coordination with FAMLI leave, the employer shall provide advanced written notice to its employees of this requirement.
      3. (c) When an employer requires concurrent or coordinated usage of AFPL and FAMLI and has satisfied the written notice requirement, and the employee declines to apply for FAMLI benefits, the employee’s FAMLI eligibility is reduced by the amount of AFPL time taken.
      4. (d) If a recipient receives wage replacement from both FAMLI and AFPL concurrently, the FAMLI benefit is primary and the AFPL benefit may be used to supplement the recipient’s wage to equal no more than 100 percent of the recipient’s average weekly wage.
      5. (e) An employer may deduct the full amount of time taken under both forms of leave from the recipient’s AFPL balance even if the recipient only received partial wage replacement from the AFPL.
      6. (f) An employee’s decision to use AFPL concurrently or in coordination with FAMLI does not negate the job protection or retaliation provisions of Labor and Employment Article, §§8.3-706 and 904, Annotated Code of Maryland.

   2. (2) General Purpose Leave.

      1. (a) Neither the employee nor the employer may require the substitution of general purpose leave for FAMLI leave.
      2. (b) An employer and an employee may agree to have general purpose leave wages supplement FAMLI benefits, up to 100 percent of the employee’s average weekly wage.

      3. (c) If general purpose leave is used to supplement FAMLI benefits, the employer may:

         1. (i) Convert the dollar amount of the supplement into the corresponding number of employer-provided general purpose leave hours; and
         2. (ii) Subtract those hours from the employee’s balance of accrued and unused employer-provided general purpose leave.

      4. (d) Documentation of use of general purpose leave.

         1. (i) The use of employer-provided general purpose leave to supplement FAMLI benefits requires mutual agreement in writing between the employer and the employee.
         2. (ii) If either the employer or the employee does not so mutually agree, employer-provided general purpose leave may not be used to supplement FAMLI benefits.
         3. (iii) Any agreement under §B(2)(d)(ii) of this regulation shall be documented and retained by the employer.
      5. (e) Mutual agreement between the employer and the employee is not necessary in order for an employee to use paid sick leave prior to receiving FAMLI leave benefits.

3. C. Workers’ Compensation and Unemployment Benefits.

   1. (1) Under Labor and Employment Article, §8.3-702(e), Annotated Code of Maryland, an individual receiving Unemployment Insurance benefits from the State may not be eligible for FAMLI benefits.
   2. (2) Except in the case of benefits for a permanent partial disability, under Labor and Employment Article, §8.3-702(e), Annotated Code of Maryland, an individual receiving Workers’ Compensation wage replacement benefits may not be eligible for FAMLI 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)