Tony R. Nelson, Jr., Benefits Compliance Specialist
State leave requirements continue to evolve, and employers with operations in New Jersey and Maryland should take note of new developments in those states. New Jersey expanded job-protection rights associated with state leave benefits, and Maryland employers who are interested in offering a private family and medical leave insurance (“FAMLI”) plan should be aware of an upcoming decision deadline.
New Jersey: Expanded job protections are now in effect
Effective July 17, 2026, New Jersey significantly expanded job protections for employees taking leave and receiving benefits under the State’s Temporary Disability Insurance (“TDI”) and Family Leave Insurance (“FLI”) programs. For more information, please click here.
What changed?
Historically, TDI and FLI were seen as wage-replacement benefits programs. Employees receiving wage reimbursement did not necessarily have a right to job protection. That protection generally required a separate qualification under laws like the New Jersey Family Leave Act (“NJFLA”) or federal Family and Medical Leave Act (“FMLA”).
Under the new requirements, employees who are receiving TDI or FLI benefits (through the New Jersey State Plan or an approved private plan) may have associated job-protection and reinstatement rights even if their reason for leave is not protected under NJFLA or FMLA.
The changes also expand access to NJFLA by reducing key eligibility thresholds:
- Employer coverage: Reduced from 30 employees to 15 employees worldwide
- Length of employment: Reduced from 12 months to three months
- Hours worked: Reduced from 1,000 hours to 250 hours during the preceding 12 months
Why it matters?
Employers should no longer view TDI and FLI solely as wage-replacement programs. Leave administrators should evaluate potential job-protection and reinstatement rights whenever an employee takes qualifying New Jersey leave, even when the employee does not qualify for federal FMLA protection.
Employers with 15–29 employees should pay particular attention because they may now be subject to NJFLA despite previously falling below the law’s employer-size threshold.
Next steps
Review New Jersey leave policies and procedures now. Employers should make sure HR teams understand the expanded protections and review how TDI, FLI, NJFLA, and FMLA interact when administering employee leaves.
Maryland: FAMLI private plan decision window opens
Maryland employers have a different compliance deadline approaching under the State’s Family and Medical Leave Insurance (“FAMLI”) program. Maryland generally allows employers to participate in the State FAMLI Plan or seek approval for a qualifying commercial or self-insured private plan that provides benefits and protections at least equivalent to the State Plan. For more information, please click here.
For employers considering the private-plan route, the next important deadline has arrived: September 1–November 15, 2026.
Declaration of intent window
Beginning September 1, 2026, employers intending to pursue a private plan may submit a Declaration of Intent (“DOI”) to Maryland FAMLI. The DOI must be submitted by November 15, 2026, for employers seeking the applicable private-plan treatment during the program’s initial contribution period.
Before submitting the DOI, employers must complete the required preliminary steps, including registration with Maryland FAMLI and obtaining the required Proof of Private Plan Consultation. Importantly, submitting a DOI is not the same as receiving private-plan approval. It signals the employer’s intention to pursue a private plan and starts the process.
Next steps
Employers with an accepted DOI will still need to complete Maryland’s formal private-plan application process.
Key dates currently include:
- September 1, 2026 — DOI submission window opens
- November 15, 2026 — DOI submission deadline
- January 1, 2027 — FAMLI contributions begin
- Summer 2027 — Private-plan applications expected to become available
- October 1, 2027 — Private-plan application deadline for employers that submitted a DOI
- January 1, 2028 — FAMLI benefits become available
Employers with an accepted DOI will have additional requirements regarding the collection and handling of contributions while their private-plan applications are pending.
Employers considering a Maryland FAMLI private plan should begin evaluating their options now. The November 15 deadline is not the final private-plan application deadline; it is an important preliminary deadline for employers seeking to pursue the private-plan pathway. Employers should coordinate with their insurance carriers, brokers, payroll providers, and other applicable service partners well in advance of the deadline.
Additional information and resources
For more information
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