1. A. Payment Schedule.

   1. (1) The first payment to a recipient shall be within 5 business days after the complete claim application is approved or the FAMLI leave has started, whichever is later.
   2. (2) Subsequent benefit payments to recipients shall be made at least every 2 weeks until the benefit period ends.
   3. (3) In the event the recipient provides incorrect or erroneous payment information, additional time will be required for payment to be issued or reissued.

2. B. Overpayment.

   1. (1) On learning of overpayment of benefits, written notice will be sent to the recipient, including that:

      1. (a) Repayment of the overpayment is being sought; or
      2. (b) A waiver of the repayment is being offered.

   2. (2) In cases of seeking repayment, the recipient shall have 30 days to reply to the notice as follows:

      1. (a) The recipient agrees to repay; or
      2. (b) The recipient requests a waiver under §B(4) of this regulation.

   3. (3) Repayment. Repayment of benefits may be sought from an individual who received benefits under this subtitle if:

      1. (a) Benefits were paid erroneously or as a result of willful misrepresentation by the recipient; or
      2. (b) A claim for benefits under this subtitle is rejected after the benefits were paid.

   4. (4) Waiver. Repayment of benefits may be waived if:

      1. (a) The error in payment was not due to any knowingly false statement, nondisclosure of material fact, or misrepresentation by a covered individual; or
      2. (b) The repayment would be against equity and good conscience or administrative efficiency.
   5. (5) Denial of waiver. If a recipient requests a waiver and the request is denied, the recipient may file a request for reconsideration.
   6. (6) If an EPIP seeks monetary reimbursement of an overpayment of benefits, the EPIP administrator shall notify the Division of its intent to seek reimbursement simultaneously with its notice to the recipient.
   7. (7) If a recipient’s employer has terminated enrollment in the State plan and enrolled in an EPIP, any recipient who filed a valid claim for benefits under the State plan before the effective date of the employer’s EPIP enrollment shall be paid or continue to be paid benefits from and under the terms of the State plan until the total amount of the benefit claim is paid, the duration of leave ends, or the application year ends, whichever occurs first.

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)