🇺🇸 Maine Paid Leave — 2026 UPDATE

Maine Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

⚠️Informational only — not legal or tax advice.

Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of Maine, United States      
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

How long is maternity leave in Maine How long is paternity leave in Maine

Table of Contents

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Introduction

Maine requires private employers to provide earned paid leave under the Earned Paid Leave law (26 M.R.S. § 637), effective January 1, 2021. Maine operates a state-funded Paid Family and Medical Leave (PFML) program established under Title 26 §§ 850-A through 850-R, enacted July 11, 2023; employee benefits became available May 1, 2026. At the federal level, the Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave. Maine also maintains the Maine Family Medical Leave Requirements (26 M.R.S. §§ 843–847), a state unpaid family leave law that covers employers with 15 or more employees. This page compiles current requirements from the Maine Department of Labor (MDOL) and the U.S. Department of Labor. For related state employment law topics, see Maine Employment Law and Maine Unemployment Benefits.

Quick Reference — Maine Paid Leave Snapshot

Maine Paid Leave Overview
Category Status
Mandatory Paid Leave (Any Reason) Yes
Governing Statute 26 M.R.S. § 637 — "An Act Authorizing Earned Employee Leave" (Public Law 2019 Ch.156)
Administering Agency Maine Department of Labor (MDOL) — maine.gov/labor
Covered Employers Employers with more than 10 employees for more than 120 days in any calendar year
Eligible Employees Full-time, part-time, temporary, per diem (excludes seasonal industry employees under 26 M.R.S. § 1251)
Accrual Rate 1 hour per 40 hours worked
Annual Cap (Usage) 40 hours per year
Annual Accrual Cap 80 hours (as of September 24, 2025 amendment)
Carryover Up to 40 unused hours carry over; employee may then accrue an additional 40 in the new year
Paid Family & Medical Leave Program Yes
PFML Program Name Maine Paid Family and Medical Leave (Maine PFML)
PFML Governing Statute 26 M.R.S. §§ 850-A through 850-R (Public Law 2023 Ch.412)
PFML Administering Agency Maine Department of Labor — maine.gov/paidleave
PFML Contributions Began January 1, 2025
PFML Benefits Available May 1, 2026
PFML Contribution Rate (2025–2027) 1% of wages for employers with 15+ employees; 0.5% for employers with fewer than 15 employees
Maximum Weekly Benefit (2026) Equal to the State Average Weekly Wage — $1,198.84 as of the May 1, 2026 benefit launch
PFML Duration Up to 12 weeks per benefit year
FMLA Applies Yes (Federal baseline)
Maine FMLA (MFMLA) Applies Yes — employers with 15+ employees (26 M.R.S. §§ 843–847)
Information Current As Of March 2026

Sources: Maine Department of Labor — Earned Paid Leave · Maine PFML Program · U.S. DOL FMLA · Maine Legislature — Title 26 § 637 · Maine Legislature — Title 26 §§ 850-A

Does Maine Require Paid Sick Leave?

Maine requires covered employers to provide earned paid leave under 26 M.R.S. § 637 (Public Law 2019 Ch. 156, effective January 1, 2021), administered by the Maine Department of Labor. Unlike most state sick leave laws, Maine’s Earned Paid Leave law allows eligible employees to use accrued leave for any reason — including illness, vacation, emergencies, and personal matters — without restriction. Maine’s law is one of three state paid leave laws nationwide that permit use for any reason (alongside Illinois and Nevada).

Source: MDOL — Earned Paid Leave

Which Employers Are Covered?

The Earned Paid Leave law applies to employers that have more than 10 employees working in Maine for more than 120 days in any calendar year. Common ownership rules apply: if a single owner operates two businesses with a combined total of more than 10 employees, both businesses are covered. The 10-employee threshold is a headcount, not a full-time equivalent calculation.

Seasonal industry exemption: The law does not apply to employees of seasonal industries as defined under 26 M.R.S. § 1251. The Unemployment Insurance Commission maintains the list of recognized seasonal industries, which includes hotels, resorts, camps, and restaurants operating fewer than 26 weeks per year, provided the employer has submitted the required seasonal period report to the Bureau of Unemployment Compensation.

Employers whose existing paid time off policy already provides at least 40 hours of paid leave usable for any purpose satisfy the statute’s minimum standard and need not create a separate earned paid leave program.

Source: MDOL — Earned Paid Leave · Maine Legislature — 26 M.R.S. § 1251

Which Employees Are Eligible?

The law covers all employees of covered employers — full-time, part-time, temporary, and per diem — who are included under Maine’s unemployment insurance law (26 M.R.S. § 1043). Excluded categories include:

  • Employees in recognized seasonal industries during the seasonal period
  • Employees covered by collective bargaining agreements (CBAs) in effect as of January 1, 2021, until the CBA expires. CBAs negotiated on or after January 1, 2021, must provide earned paid leave at a minimum equal to the statute.
  • An individual employed by their parent, spouse, or child

Employees covered by a qualifying collective bargaining agreement that expressly waives the requirements of the statute in clear and unambiguous terms are also excluded.

Source: MDOL — Earned Paid Leave · Maine Legislature — 26 M.R.S. § 637

Accrual, Frontloading & Caps

Accrual rate: Employees accrue 1 hour of earned paid leave for every 40 hours worked. Accrual begins on the first day of employment (or January 1, 2021, for employees employed before that date).

Annual accrual cap: Employees may accrue up to 40 hours of earned paid leave per year. Under LD 55 (effective September 24, 2025), the maximum overall accrual cap was increased to 80 hours, allowing employees to carry over up to 40 unused hours from a prior year and still accrue a full 40 hours in the new year. Under the prior rule, a carryover of 30 hours would have reduced the current-year accrual to only 10 hours.

Carryover: Unused earned paid leave must carry over from one year to the next. Employees may carry over up to 40 unused hours, and the employer may not apply the carryover against the new year’s accrual (as of the September 2025 amendment).

Annual usage cap: There is no statutory cap on the number of accrued hours an employee may use in a given year; employers cannot restrict the use of accrued and unused hours.

Frontloading option: Employers may frontload at least 40 hours of earned paid leave at the start of the year or on the employee’s anniversary date. Frontloading employers are not required to track accruals or allow carryovers. If an employer frontloads leave and an employee uses leave before accruing it, the employer may withhold the unearned portion from the employee’s final paycheck at separation.

Waiting period: Employers may apply a 120-day waiting period before new employees may use accrued earned paid leave.

Salaried exempt employees: Employees classified as exempt under wage and hour law are presumed to work 40 hours per week for accrual purposes unless an actual record of hours worked exists.

Source: MDOL — Earned Paid Leave · Maine Legislature — 26 M.R.S. § 637

Qualifying Reasons for Earned Paid Leave

Unlike most state sick leave laws, Maine’s Earned Paid Leave law does not restrict use to illness or enumerated qualifying reasons. Accrued leave may be used for any purpose, including but not limited to:

  • Emergency, illness, or other sudden necessity
  • Planned vacation
  • Personal or family matters
  • Any other reason at the employee’s discretion

Because the leave is unrestricted, the statute does not define a separate “family member” category — employees may use accrued leave to care for any person without needing to establish a qualifying relationship.

Source: MDOL — Earned Paid Leave

Notice, Documentation & Pay Rate

Advance notice: Employers may require up to 4 weeks’ advance notice for use of earned paid leave for any reason other than an emergency, illness, or sudden necessity. For emergency or unforeseen leave, employees must notify the employer as soon as practicable. Employers may also require use of leave in one-hour increments (but not larger increments).

Pay rate: Earned paid leave is paid at the employee’s regular rate of pay for the hours taken. For information on Maine’s current minimum wage (which sets the floor for regular rate calculations for minimum-wage workers), see Maine Minimum Wage.

Documentation: The statute does not permit employers to require medical certification or documentation for use of earned paid leave. Employers may require employees to comply with established company leave request procedures.

Separation: The statute does not require payout of unused earned paid leave upon termination, resignation, or retirement. However, Maine’s vacation payout law (26 M.R.S. § 626) requires employers with more than 10 employees to pay out unused accrued vacation time if the employer’s written policy provides for it — employers should ensure their policy language clearly addresses what happens to unused earned paid leave at separation.

Source: MDOL — Earned Paid Leave · Maine Legislature — 26 M.R.S. § 637

Retaliation Protections

The statute prohibits employers from discharging, threatening, demoting, suspending, or otherwise discriminating against any employee for requesting or using earned paid leave. Violations are subject to penalties of up to $1,000 per violation, assessed by the Maine Department of Labor. Employees may file a complaint with MDOL or bring a civil action.

Source: MDOL — Earned Paid Leave · Maine Legislature — 26 M.R.S. § 637

Does Maine Have a Paid Family & Medical Leave Program?

Maine operates a state-funded Paid Family and Medical Leave (PFML) program established under Title 26 §§ 850-A through 850-R (Public Law 2023, Chapter 412), signed into law by Governor Janet Mills on July 11, 2023. Employer and employee payroll contributions began January 1, 2025; employee benefits became available May 1, 2026. The program is administered by the Maine Department of Labor and covers nearly all private and public sector employees in the state, regardless of employer size.

Source: maine.gov/paidleave · Maine Legislature — Title 26 §§ 850-A

Program Overview — Maine PFML

Administering agency: Maine Department of Labor (MDOL). Claims are administered by Aflac, the state-contracted claims administrator, effective May 2026. The Maine Paid Leave Contributions Portal (pfml.maine.gov/contributions) is used for employer registration, quarterly wage reporting, and premium remittance.

Employer coverage: The law applies to all private employers with at least one employee working in Maine, regardless of employer size. All public employers (state and local governmental employers) are also covered. The federal government is exempt. Tribal governments may elect coverage. Self-employed individuals and independent contractors may elect to opt in.

Private plan substitution: Employers may apply for a private plan exemption in place of the state program if the private plan provides rights, protections, and benefits substantially equivalent to the state program. Private plans may be self-insured or fully insured. Applications are submitted through the Maine Paid Leave Contributions Portal with a $500 application fee ($250 refunded if not approved). Approved private plans are valid for three years.

Maine PFML Contribution Rates (2025–2027)
Employer Size Total Premium Rate Employer Pays Employee Pays (Max)
15 or more employees 1.0% of wages 0.5% (may not deduct more than 0.5% from employees) Up to 0.5%
Fewer than 15 employees 0.5% of wages Employer does not contribute but must remit employee's share Up to 0.5% (employer may cover voluntarily)

Premiums are capped on wages up to the Social Security taxable wage maximum ($184,500 for 2026). The maximum employee contribution for 2026 is $922.50. The contribution rate applies uniformly to all wages (not just wages above a threshold).

Source: maine.gov/paidleave · MDOL PFML Employer FAQ (2026) · MDOL PFML Employee Information Sheet

Qualifying Reasons for Maine PFML

Under 26 M.R.S. § 850-A et seq., Maine PFML covers the following qualifying leave reasons:

  • Medical leave: Serious health condition of the covered individual (illness, injury, physical or mental or psychological condition involving impairment, inpatient care, or continuing treatment by a healthcare provider; includes pregnancy, recovery from childbirth, and organ donation)
  • Parental leave: Bonding with a new child within the first 12 months following birth, adoption, or foster placement
  • Family care leave: Care for a family member with a serious health condition
  • Military family leave: Qualifying exigency arising from a family member’s active duty service or notice of impending call to active duty; care for a covered service member undergoing treatment, recuperation, or therapy
  • Military bereavement: Time off related to the death or serious health condition of a family member incurred while on active duty
  • Safe leave: Activities to protect the covered individual or a family member from violence, assault, stalking, or acts resulting in a protective order (including seeking medical care, obtaining a protection order, pursuing legal assistance, and related activities)
  • Other reasons enumerated in Maine’s Family Medical Leave Requirements (26 M.R.S. § 843(4))

Definition of family member: Under the PFML statute, “family member” is broadly defined and includes biological, step, adopted, and foster children; legal guardianship children; individuals in an in loco parentis relationship; biological, adoptive, foster, or step-parents or legal guardians; spouses; domestic partners (registered or unregistered); grandparents and grandchildren; siblings; and any individual designated by the covered employee who has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship.

Source: maine.gov/paidleave · Maine Legislature — Title 26 §§ 850-A · MDOL Final Rules — 12-702

Benefit Amount & Duration
Maine PFML uses a two-tier wage replacement formula based on the State Average Weekly Wage (SAWW), which is updated annually each July 1 by the Maine Workers' Compensation Board.
Benefit Detail Amount / Status (2026)
Tier 1 Wage Replacement 90% of the portion of average weekly wage ≤ 50% of the SAWW
Tier 2 Wage Replacement 66% of the portion of average weekly wage > 50% of the SAWW
State Average Weekly Wage (SAWW, effective July 1, 2025) $1,198.84
Maximum Weekly Benefit (2026) $1,198.84 (capped at 100% of SAWW)
Maximum Leave Duration 12 weeks per benefit year (family leave and medical leave combined may not exceed 12 weeks)
Intermittent Leave Permitted; minimum increment is 1 hour
Waiting Period 7-calendar-day waiting period for medical leave; no waiting period for family (parental, family care) leave
Job Protection Yes — for employees employed at least 120 consecutive days prior to leave; employer must restore to same or equivalent position
Health Insurance Continuation Yes — employer must maintain health benefits on the same terms during leave
PTO Top-Up Employees may voluntarily use accrued PTO to supplement PFML benefits (combined total may not exceed normal weekly wage); employers may not require PTO exhaustion before or during PFML

Note: Lower-wage earners receive near-full wage replacement. An employee earning exactly the SAWW receives approximately 78% replacement (90% on first half + 66% on second half). A worker earning below 50% of the SAWW receives 90% replacement.

Source: maine.gov/paidleave · Prudential — Maine SAWW Update June 2025 · MDOL Final Rules — 12-702 · MDOL Benefit Calculator

Eligibility Requirements

To qualify for Maine PFML benefits, a covered individual must meet both an earnings threshold and an employment status requirement:

Earnings threshold: The covered individual must have earned at least six times the State Average Weekly Wage during the first four of the five most recently completed calendar quarters immediately preceding the first day of the benefit year. Using the 2025 SAWW of $1,198.84, the approximate threshold is $7,193 ($1,198.84 × 6). The individual does not need to have earned these wages with a single employer; wages earned with all Maine employers are combined.

Employment status: The covered individual must be employed as of the date of the application (for leave applied for in advance) or as of the date leave begins (for retroactive applications).

Job protection threshold: Job protection applies only to covered individuals who have been employed by their current employer for at least 120 consecutive days prior to taking leave. Employees employed fewer than 120 days may still receive wage replacement benefits but do not have job restoration rights with respect to that employer.

New employees: There is no minimum tenure requirement to begin receiving benefits (only the earnings threshold applies), meaning a worker who meets the earnings threshold may apply for benefits immediately after starting a new job, though job protection does not attach until 120 days of employment.

Federal employees: Federal government employees are exempt from Maine PFML.

Collective bargaining: Private sector employees covered by CBAs are subject to the law. Public employees covered by CBAs in effect as of October 25, 2023, are excluded until the CBA expires or until May 1, 2026, whichever is later.

Source: maine.gov/paidleave · MDOL Employee Information Sheet · Maine Legislature — Title 26 § 850-A

How to Apply for Maine PFML Benefits

Beginning April 2026 (the pre-application window preceding the May 1 benefit launch), eligible employees file claims with Aflac, the state-contracted claims administrator. Aflac processes claims on behalf of the Maine Department of Labor for employers participating in the state plan.

For employees with employers on the state plan:

  1. The employee submits a claim to Aflac.
  2. Aflac determines eligibility, calculates the weekly benefit amount, and issues payments.
  3. Employers must respond to Aflac notification requests within 10 business days.

For employees with employers on an approved private plan: Employees follow the claim process designated by the employer’s approved private plan insurer or administrator rather than the Aflac state-plan process.

Employee notice obligations: Employees must provide at least 30 days’ written advance notice for foreseeable leave. For emergency, illness, or sudden necessity, the employee must provide written notice as soon as practicable. Notice may be provided by a family member or healthcare provider if the employee is incapacitated. Written notice may include email or text message.

Employer obligations upon notification: Employers may not deny Maine PFML based on undue hardship. An employer that believes leave timing should be adjusted may complete an Undue Hardship form within 10 business days; however, the employer may not deny the leave.

Employer notice and posting requirements: Employers are required to display a workplace poster describing Maine PFML benefits. A written notice describing benefits, job protection, health insurance continuation, and claim procedures must be provided to new employees within 30 days of hire and in the employee’s primary language. Notices must be provided in each language that is the primary language of at least three employees if such notice is available from MDOL.

Source: maine.gov/paidleave · MDOL News — “Maine PFML is Almost Here” (January 28, 2026) · MDOL Employer FAQ (2026)

Employer Obligations Under Maine PFML

Payroll contributions: Employers with 15 or more employees must remit 1.0% of wages (of which no more than 0.5% may be deducted from employee wages) to the Maine PFML Fund quarterly via the Maine Paid Leave Contributions Portal. Employers with fewer than 15 employees must remit the employee’s 0.5% contribution (though they may voluntarily cover the employee share). Quarterly reports and premium payments are due on the last day of the month following each calendar quarter-end. Failure to remit is subject to a penalty of 1% of the employer’s total quarterly payroll.

PTO interaction: Employers may not require employees to exhaust accrued PTO before or during Maine PFML. Employees retain the right to voluntarily use PTO to supplement (top up) benefits, provided the combined amount does not exceed the employee’s normal weekly wage. Employees continue to accrue all paid time and employment benefits (including attendance bonuses) during PFML leave, as if actively working.

PFML and leave concurrence: Employers may require Maine PFML to run concurrently with leave taken for qualifying reasons under federal FMLA or the Maine Family Medical Leave Requirements (MFMLA), where applicable.

Retaliation prohibition: Retaliation or discrimination against employees for taking, applying for, or inquiring about Maine PFML is prohibited under the statute.

Source: maine.gov/paidleave · MDOL Employer FAQ (2026) · Maine Legislature — Title 26 §§ 850-A

Maternity, Paternity & Parental Leave in Maine

How Long Is Maternity Leave in Maine?

Maine maternity leave can combine multiple protections for a total period of job-protected leave. The available frameworks as of May 2026 are:

  • Maine PFML (paid): Up to 12 weeks of paid leave at up to the State Average Weekly Wage ($1,198.84/week maximum), available for parental bonding within the first 12 months of a child’s birth. No waiting period applies to parental leave. Eligible as of May 1, 2026. Source: maine.gov/paidleave
  • Maine PFML medical leave (paid): An additional period of paid medical leave may be available for pregnancy-related serious health conditions (pregnancy, childbirth, recovery), subject to the 7-day waiting period for medical leave and the combined 12-week cap. Source: maine.gov/paidleave
  • Federal FMLA (unpaid): Up to 12 weeks of unpaid, job-protected leave for the birth of a child or for a serious health condition (including pregnancy-related conditions), for employees of covered employers (50+ employees within 75 miles). FMLA and Maine PFML may run concurrently. Source: U.S. DOL FMLA
  • Maine FMLA (MFMLA) (unpaid): Up to 10 weeks per two-year period for covered employers (15+ employees), applicable as an additional unpaid protection for employees not covered by federal FMLA. Source: Maine Legislature — 26 M.R.S. §§ 843–847

Because Maine PFML’s 12-week duration matches federal FMLA’s 12-week entitlement, these leaves generally run concurrently rather than stacking. Workers not yet eligible for Maine PFML benefits (i.e., those who have not yet met the earnings threshold) may rely on FMLA or MFMLA for unpaid job-protected leave.

Is Maternity Leave Paid in Maine?

Maine maternity leave is partially paid through the Maine PFML program for eligible workers. The available paid and unpaid components are:

Paid options:

  • Maine PFML (effective May 1, 2026): Eligible employees receive partial wage replacement — up to 90% of wages at or below 50% of the SAWW, plus 66% of wages above that threshold, with a maximum of $1,198.84 per week. Parental leave under PFML has no waiting period. Source: maine.gov/paidleave
  • Accrued Earned Paid Leave: Employees may voluntarily use accrued earned paid leave (up to 40 hours per year) to supplement PFML benefits or for leave periods before PFML eligibility is established, consistent with employer policy.

Unpaid options:

  • Federal FMLA provides 12 weeks unpaid job-protected leave for eligible employees. FMLA is unpaid unless the employee elects to use accrued paid leave concurrently.
  • Maine FMLA (MFMLA) provides 10 weeks unpaid per two-year period for employers with 15+ employees.

Maine has no state program equivalent to a temporary disability insurance (TDI) or state disability insurance (SDI) program for pregnancy-related physical disability outside the PFML framework.

Source: maine.gov/paidleave · MDOL — Earned Paid Leave · U.S. DOL FMLA

Paternity Leave and Parental Leave in Maine

Maine’s PFML program covers parental bonding leave equally for all parents, including fathers, non-birthing parents, adoptive parents, and foster parents. Eligible employees may take up to 12 weeks of paid parental leave within the first 12 months following birth, adoption, or foster placement. The benefit amount and eligibility criteria are identical regardless of the parent’s role. There is no waiting period for parental leave under Maine PFML.

Under federal FMLA, bonding leave is available to both parents in equal measure — up to 12 weeks of unpaid, job-protected leave following birth, adoption, or foster placement, subject to FMLA eligibility requirements (employer with 50+ employees, 12 months of employment, 1,250 hours worked).

Maine’s MFMLA also provides 10 weeks of unpaid parental bonding leave per two-year period for employers with 15 or more employees, equally available to all parents.

Maine PFML does not contain a separate prenatal leave provision (unlike New York’s 20-hour prenatal leave enacted in 2025). Prenatal medical appointments may qualify under the medical leave component of Maine PFML if the condition constitutes a serious health condition.

For detail on Maine PFML benefit amounts and eligibility, see Section 3 above. For FMLA eligibility thresholds, see Section 4 below.

Source: maine.gov/paidleave · U.S. DOL FMLA · Maine Legislature — 26 M.R.S. §§ 843–847

Federal FMLA in Maine

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., administered by the U.S. Department of Labor Wage and Hour Division, applies to covered employers in Maine and all other states. FMLA is one of the most-searched employment law topics nationally. All Maine employees at covered employers are entitled to FMLA protections; Maine PFML adds a paid component and extends coverage to smaller employers. For a comprehensive overview of federal FMLA rules, see the Federal FMLA Guide. For related Maine employment law information, see Maine Employment Law.

FMLA Coverage and Eligibility

Covered employers (federal FMLA):

  • Private employers with 50 or more employees within a 75-mile radius for at least 20 workweeks in the current or preceding calendar year
  • All public agencies (state, local, federal governments) and public or private elementary and secondary schools, regardless of employee count

Eligible employees (federal FMLA):

  • Worked for the covered employer for at least 12 months (need not be consecutive)
  • Worked at least 1,250 hours during the 12-month period immediately preceding the leave — for context on how Maine counts compensable hours, see Maine Overtime Laws
  • Works at a location where the employer has 50 or more employees within a 75-mile radius

Leave entitlement:

  • Up to 12 workweeks of unpaid, job-protected leave in a 12-month period for most qualifying reasons
  • Up to 26 workweeks in a single 12-month period for military caregiver leave

FMLA leave may be taken on a continuous, intermittent, or reduced-schedule basis. Health insurance continues during FMLA leave under the same terms as if the employee were actively working.

Source: U.S. Department of Labor — FMLA Overview

Qualifying Reasons Under FMLA

Federal FMLA leave may be taken for the following reasons:

  • Birth of a child and care for the newborn within the first year (bonding leave)
  • Adoption or foster placement of a child and care within the first year
  • Serious health condition of the employee
  • Serious health condition of a spouse, child, or parent
  • Qualifying exigency arising from a family member’s active duty or call to active duty in the U.S. Armed Forces
  • Military caregiver leave — care for a covered service member with a serious injury or illness (26-week entitlement)

Definition of serious health condition: A serious health condition is an illness, injury, impairment, or physical or mental condition involving inpatient care or continuing treatment by a healthcare provider.

Source: U.S. Department of Labor — FMLA Overview

Is FMLA Paid or Unpaid in Maine?

Federal FMLA leave is unpaid. However, Maine operates the Maine PFML program (effective May 1, 2026), which provides partial wage replacement — up to a maximum of $1,198.84 per week — for qualifying leave reasons that overlap with FMLA. Employers may require, and employees may elect to use, accrued paid leave (earned paid leave, vacation, sick, or PTO) during FMLA leave concurrently. State law prohibits employers from requiring employees to exhaust accrued PTO before or during Maine PFML.

Where both FMLA and Maine PFML apply to the same leave event, the leaves run concurrently — the employee does not receive a combined 24 weeks of leave; rather, the applicable leave periods run simultaneously. The Maine PFML provides paid benefits during the same weeks that FMLA provides job protection.

Source: U.S. DOL FMLA · maine.gov/paidleave

Does FMLA Apply to Small Businesses in Maine?

Federal FMLA applies to private employers with 50 or more employees within a 75-mile radius. Private employers with fewer than 50 employees are not covered by federal FMLA. However, Maine has two additional unpaid leave frameworks that extend coverage to smaller employers:

  • Maine Family Medical Leave Requirements (MFMLA — 26 M.R.S. §§ 843–847): Applies to employers with 15 or more employees (rather than 50). Provides up to 10 workweeks of unpaid, job-protected leave per two-year period. MFMLA covers more qualifying reasons than federal FMLA, including domestic partner relationships and organ donation.
  • Maine PFML: Applies to all employers in Maine regardless of size (including employers with a single employee). Maine PFML provides paid leave benefits to eligible employees and requires job protection for employees with at least 120 days of employment, even where the employer is too small for federal or state unpaid FMLA coverage.

The interaction of these three frameworks means that in Maine, even very small employers (fewer than 15 employees) must comply with Maine PFML obligations — including payroll contributions, notice and posting requirements, and leave provisions for eligible employees.

Source: U.S. DOL FMLA · Maine Legislature — 26 M.R.S. §§ 843–847 · maine.gov/paidleave

How Maine PFML Interacts with Federal FMLA

Maine PFML and federal FMLA interact at several levels. Understanding these interactions is important for both covered individuals and covered employers in Maine:

Concurrency: When a qualifying leave event (e.g., a serious health condition, parental bonding) is covered by both Maine PFML and federal FMLA, the leaves run concurrently. The 12-week FMLA entitlement and the 12-week Maine PFML entitlement generally overlap rather than stack.

Employer size differential: Federal FMLA applies to employers with 50+ employees within 75 miles; Maine PFML applies to all employers regardless of size. An employee of a small employer (fewer than 50 employees) may qualify for Maine PFML benefits and job protection without being entitled to federal FMLA.

Pay differential: Federal FMLA is unpaid; Maine PFML provides partial wage replacement up to the SAWW cap. The combination provides both income support (through PFML) and job protection (through both FMLA and PFML where applicable).

Family member definitions: Maine PFML uses a broader definition of “family member” than federal FMLA. Federal FMLA covers leave to care for a spouse, child, or parent; Maine PFML also covers care for domestic partners, grandparents, grandchildren, siblings, and any designated individual with a significant personal bond. In cases where both laws apply, employees may invoke whichever definition provides greater protection.

Qualifying reasons: Maine PFML includes safe leave (for victims of violence, assault, or stalking) and military bereavement leave not available under federal FMLA. Federal FMLA includes military caregiver leave for up to 26 weeks; Maine PFML limits combined leave to 12 weeks per year.

Maine’s PFML program is one of the newer state programs nationally. Workers and employers seeking comparison with longer-established programs may reference New Jersey Paid Leave Laws (benefits since 2009) or Washington Paid Leave Laws (benefits since 2020), both of which share structural similarities with Maine’s two-tier wage replacement model.

MFMLA (state unpaid): Maine’s MFMLA (employers with 15+ employees) provides a separate 10-week unpaid entitlement per two-year period. Because the MFMLA and federal FMLA cover some of the same qualifying events, an employee may be entitled to take up to 10 weeks of additional unpaid MFMLA leave in a two-year period beyond what federal FMLA provides, for qualifying reasons covered only by MFMLA, where the employer is covered by both laws.

Source: maine.gov/paidleave · U.S. DOL FMLA · Maine Legislature — 26 M.R.S. §§ 843–847

Other Protected Leave Categories in Maine

Bereavement Leave

Maine does not currently mandate employer-provided bereavement leave for private sector workers. Under Maine PFML, employees may use medical leave or family care leave in connection with a covered family member’s death or serious health condition incurred on active military duty (military bereavement). Earned paid leave (Section 2) may be used for bereavement for any reason at the employee’s discretion, given its unrestricted use provision.

Jury Duty Leave

Maine law (26 M.R.S. § 1218) prohibits employers from terminating or threatening to terminate an employee who is summoned or selected for jury service. The statute does not require employers to pay employees during jury service; pay during jury duty depends on employer policy. Employers may not retaliate against employees for serving.

Voting Leave

Maine does not mandate paid voting leave. Maine law (21-A M.R.S. § 682) provides that employers shall allow employees sufficient time to vote on Election Day, consistent with business operations; the law does not specify a paid leave requirement.

Domestic Violence / Crime Victim Leave

Beyond the safe leave provisions in Maine PFML (Section 3) and the unrestricted use provisions of the Earned Paid Leave law (Section 2), Maine law (26 M.R.S. § 850) provides that employers must grant reasonable and necessary unpaid leave to employees who are victims of violence, assault, sexual assault, stalking, or domestic violence — or whose spouse, parent, or child is a victim — to obtain medical treatment, attend legal proceedings, or obtain protective services. This applies to all employers.

Source: Maine Legislature — 26 M.R.S. § 850

Military Leave

Federal USERRA (38 U.S.C. §§ 4301–4335) provides job-protected leave for employees called to military service, regardless of employer size. Maine law (26 M.R.S. § 811) additionally provides that employers with 15 or more employees must grant up to 15 days of leave per deployment to the spouse, domestic partner, or parent of a state resident called to active duty for military service lasting more than 180 days.

Source: U.S. DOL — USERRA · Maine Legislature — 26 M.R.S. § 811

Prenatal Leave

Maine PFML does not include a standalone paid prenatal leave provision. Prenatal appointments may qualify under the medical leave component of Maine PFML if the employee’s condition constitutes a serious health condition as defined under the statute. Employees may also use accrued earned paid leave for prenatal appointments without restriction.

2025–2026 Updates & Recent Legislative Changes in Maine

What Changed in Maine Paid Leave Laws in 2025–2026?

May 1, 2026 — Maine PFML Benefits Launch Maine’s Paid Family and Medical Leave program (Title 26 §§ 850-A through 850-R) became available for benefit claims on May 1, 2026, following 16 months of employer and employee payroll contributions beginning January 1, 2025. The Maine PFML Authority voted unanimously on January 20, 2026, to uphold the May 1 launch date after reviewing an independent actuarial study confirming the PFML Trust Fund’s projected solvency over a ten-year period. Aflac, the state-contracted claims administrator, began accepting pre-applications in April 2026.

Source: MDOL News — “Maine PFML Benefits to Begin May 1” (January 20, 2026)

September 24, 2025 — Earned Paid Leave Amendment (LD 55) Governor Janet Mills signed LD 55 on July 1, 2025 (effective September 24, 2025), amending the Earned Paid Leave statute (26 M.R.S. § 637). The amendment increased the maximum overall accrual cap from 40 hours to 80 hours. Under the prior rule, unused carryover hours reduced the employee’s current-year accrual capacity; under the amended rule, employees may carry over up to 40 unused hours and still accrue a full 40 hours in the new year. Annual accrual and usage limits remained unchanged at 40 hours per year.

Source: Maine Legislature — LD 55 · MDOL — Earned Paid Leave

August 26, 2025 — Maine Supreme Judicial Court Upholds PFML Law The Maine Supreme Judicial Court issued a decision in Maine State Chamber of Commerce v. Department of Labor upholding the Maine PFML law, striking down a challenge filed by Bath Iron Works and the Maine State Chamber of Commerce. This decision confirmed the legal validity of the program as contributions were already underway.

Source: MDOL News — “Court Reaches Decision” (August 26, 2025)

June 2025 — All Legislative Rollback Attempts Defeated As of June 10, 2025, all proposed bills during the 132nd Maine Legislature session that aimed to weaken or dismantle the PFML program were defeated. The legislature also accepted technical and clarifying amendments to stabilize the program.

July 1, 2025 — SAWW Update The Maine Workers’ Compensation Board updated the State Average Weekly Wage (SAWW) from $1,144.67 to $1,198.84, effective July 1, 2025. Because the PFML maximum weekly benefit is capped at the SAWW, the maximum benefit for 2026 is $1,198.84 per week.

Source: maine.gov/paidleave

Pending Legislation & Future Milestones

PFML contribution rate review (2027): The initial contribution rate of 1.0% (for employers with 15+ employees) and 0.5% (for employers with fewer than 15 employees) is set for the period 2025–2027. The Maine PFML Authority will review contribution rates based on fund solvency data prior to 2028. Rate changes, if any, will be announced on the official program portal.

SAWW update (July 1, 2026): The State Average Weekly Wage is updated annually each July 1. The 2026 SAWW update will affect both the PFML earnings eligibility threshold and the maximum weekly benefit cap beginning with that update date. Monitor: maine.gov/paidleave

Legislative status and bill tracking is available through the Maine Legislature: legislature.maine.gov.

How to File a Paid Leave Complaint in Maine

Filing an Earned Paid Leave Complaint

Complaints regarding violations of Maine’s Earned Paid Leave law (26 M.R.S. § 637) are filed with the Maine Department of Labor, Bureau of Labor Standards. Violations are subject to civil penalties of up to $1,000 per violation. The MDOL may initiate an investigation and attempt resolution; employees may also pursue a civil action in state court.

Contact: Maine Department of Labor, Bureau of Labor Standards

Filing a Maine PFML Claim or Appeal

Eligible employees file Maine PFML claims with Aflac, the state claims administrator, through the process described in Section 3. For appeals of benefit determinations or claim denials, the appeals process is administered through the Maine Department of Labor in accordance with the PFML rules (12-702 Chapter 1). Contact the MDOL PFML program for guidance on the appeals process.

Filing an FMLA Complaint

Federal FMLA complaints are filed with the U.S. Department of Labor, Wage and Hour Division (WHD). The WHD investigates complaints and may pursue enforcement action against covered employers.

Interstate Considerations for Remote Workers in Maine

Paid leave laws generally apply based on where the employee performs work, not where the employer is headquartered. Maine PFML uses the same locality test as Maine’s unemployment insurance law — if an employee is included on a Maine UI report, that employee is subject to Maine PFML contributions and benefits. Remote employees performing work in Maine for an out-of-state employer are generally subject to Maine PFML if their work is localized in Maine under this test. Out-of-state employers with Maine-based remote employees must register for a Maine Paid Leave Contributions Portal account and remit contributions on those employees’ wages.

For employers with employees in multiple states, Maine PFML obligations apply only to Maine-localized work. Wages reported to another state’s unemployment insurance account are generally not subject to Maine PFML. Covered individuals and employers with multi-state situations should review the locality guidance available at maine.gov/paidleave.

For more information on interstate remote work considerations, see Maine Remote Work Laws.

Frequently Asked Questions — Maine Paid Leave

How does FMLA work in Maine?

Federal FMLA provides eligible employees at covered employers (private employers with 50+ employees; all public agencies) up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, parental bonding, or military-related qualifying events. Maine also has the MFMLA (employers with 15+ employees, up to 10 weeks per two-year period) and the Maine PFML (all employers, up to 12 weeks paid, effective May 2026). Source: U.S. DOL FMLA · maine.gov/paidleave

How long is maternity leave in Maine?

As of May 2026, eligible employees may take up to 12 weeks of paid parental leave through Maine PFML, with no waiting period. Federal FMLA provides up to 12 weeks of unpaid job-protected leave (concurrently) for employees at employers with 50+ employees. MFMLA provides up to 10 weeks unpaid (per two-year period) for employers with 15+ employees. Source: maine.gov/paidleave · U.S. DOL FMLA

Is maternity leave paid or unpaid in Maine?

Maternity leave is partially paid for employees eligible for Maine PFML (benefits available May 1, 2026). Eligible employees receive up to 90% wage replacement on lower earnings and 66% on higher earnings, capped at $1,198.84 per week. Federal FMLA is unpaid. Employees may use accrued earned paid leave to supplement PFML benefits. Source: maine.gov/paidleave

Who is eligible for FMLA in Maine?

Federal FMLA eligibility requires working for a covered employer (private employer with 50+ employees within 75 miles, or any public agency) for at least 12 months and having worked at least 1,250 hours in the preceding 12 months. Maine PFML has a broader earnings-based eligibility threshold (six times the SAWW, approximately $7,193 in 2026) and applies regardless of employer size. Source: U.S. DOL FMLA · maine.gov/paidleave

Is FMLA leave paid in Maine?

Federal FMLA leave is unpaid. Maine PFML (effective May 1, 2026) provides paid benefits for eligible employees taking qualifying leave, including leave that would also qualify under FMLA. When both apply, the leaves run concurrently — the paid Maine PFML benefit supplements the unpaid FMLA entitlement rather than extending it. Source: U.S. DOL FMLA · maine.gov/paidleave

Does Maine have paid sick leave?

Yes. Maine’s Earned Paid Leave law (26 M.R.S. § 637, effective January 1, 2021) requires employers with more than 10 employees to allow accrual of 1 hour of paid leave per 40 hours worked, up to 40 hours per year, usable for any reason. Maine is one of only three states that allows employer-mandated paid leave to be used for any purpose without restriction. Source: MDOL — Earned Paid Leave

Does Maine have paid family leave?

Yes. Maine PFML (Title 26 §§ 850-A through 850-R) provides up to 12 weeks of paid leave per benefit year for qualifying family, medical, military, and safe leave events. Benefits became available May 1, 2026. The program applies to all employers in Maine regardless of size and covers nearly all private and public employees. Source: maine.gov/paidleave

How many sick days are required in Maine?

Under the Earned Paid Leave law, covered employers must allow employees to accrue 1 hour of paid leave per 40 hours worked, up to 40 hours (5 days) per year, usable for any reason. An employee carrying over unused leave may have access to up to 80 hours (10 days) in a given year. The law applies to employers with more than 10 employees. Source: MDOL — Earned Paid Leave · Maine Legislature — 26 M.R.S. § 637

Does FMLA apply to small businesses in Maine?

Federal FMLA applies to private employers with 50 or more employees within a 75-mile radius. Maine PFML applies to all employers in Maine regardless of size, including employers with a single employee. Maine MFMLA (26 M.R.S. §§ 843–847) applies to employers with 15 or more employees. Source: U.S. DOL FMLA · maine.gov/paidleave

How long is paternity leave in Maine?

Fathers and non-birthing parents may take up to 12 weeks of paid parental bonding leave under Maine PFML (effective May 1, 2026) within the first 12 months following birth, adoption, or foster placement. Federal FMLA also provides up to 12 weeks of unpaid bonding leave (for employees at employers with 50+ employees). MFMLA provides 10 weeks unpaid per two-year period (employers with 15+ employees). Source: maine.gov/paidleave · U.S. DOL FMLA

Can an employer deny paid sick leave in Maine?

Under the Earned Paid Leave law, covered employers cannot restrict the use of accrued and unused earned paid leave. However, employers may require up to 4 weeks’ advance notice for non-emergency leave and may deny non-emergency leave if it causes undue hardship. Employers may not deny leave for emergencies or illness. Retaliation for requesting or using leave is prohibited. Source: MDOL — Earned Paid Leave

Is paid sick leave available to part-time employees in Maine?

Yes. The Earned Paid Leave law applies to all employees of covered employers — full-time, part-time, temporary, and per diem — with the exception of employees in seasonal industries during the seasonal period and employees covered by qualifying CBAs. Part-time employees accrue 1 hour per 40 hours worked at the same rate as full-time employees. Source: MDOL — Earned Paid Leave

Can earned paid leave be used for a family member’s illness in Maine?

Yes. Because Maine’s Earned Paid Leave law permits use for any reason, accrued earned paid leave may be used to care for a family member’s illness without the employee needing to establish a qualifying relationship. There is no restriction on the reason for use beyond the notice requirements in the statute. Source: MDOL — Earned Paid Leave

What happens to unused earned paid leave if an employee leaves their job in Maine?

The Earned Paid Leave statute does not require payout of unused accrued leave upon separation. However, Maine’s vacation payout law (26 M.R.S. § 626) requires employers with more than 10 employees to pay out unused accrued vacation time if the employer’s written policy provides for it. The interaction between these statutes means that the outcome at separation depends on the employer’s specific policy language. Source: Maine Legislature — 26 M.R.S. § 637 · Maine Legislature — 26 M.R.S. § 626

Is there a waiting period before using earned paid leave in Maine?

Employers may apply a 120-day waiting period before new employees may use accrued earned paid leave. Accrual begins from the first day of employment regardless of the waiting period. Once the 120-day waiting period is satisfied, all accrued unused leave becomes available for use. Source: MDOL — Earned Paid Leave

How much does Maine PFML pay per week?

Maine PFML provides 90% wage replacement on the portion of average weekly wages up to 50% of the State Average Weekly Wage (SAWW), plus 66% on wages above that threshold. The maximum weekly benefit is capped at the SAWW — $1,198.84 as of May 1, 2026. Lower-wage earners receive near-full income replacement; higher-wage earners are subject to the cap. Source: maine.gov/paidleave · MDOL Benefit Calculator

How long is paid family leave in Maine?

Maine PFML provides up to 12 weeks of paid leave per benefit year (generally a 12-month period) for qualifying family, medical, and safe leave events. Family leave and medical leave combined may not exceed 12 weeks in the same benefit year. Source: maine.gov/paidleave · Maine Legislature — Title 26 § 850-A

Who pays for Maine PFML — the employer or the employee?

Maine PFML is funded through shared payroll contributions. For employers with 15 or more employees, the total rate is 1.0% of wages, split equally (0.5% employer, up to 0.5% employee deduction). For employers with fewer than 15 employees, the rate is 0.5% of wages, fully funded by employee contributions (employer does not contribute but must remit the employee share). Rates are set for 2025–2027 and are subject to review. Source: maine.gov/paidleave · MDOL Employer FAQ (2026)

Can Maine PFML and federal FMLA be taken at the same time?

Yes. Employers may require Maine PFML to run concurrently with FMLA leave when the qualifying reason is covered by both programs. Running these leaves concurrently means an employee does not receive a combined 24 weeks — the leaves overlap during the same period. The Maine PFML provides paid benefits during the same weeks that FMLA provides unpaid job protection. Source: maine.gov/paidleave · U.S. DOL FMLA

Is the job protected during Maine PFML?

Job protection under Maine PFML applies to employees who have been employed by their current employer for at least 120 consecutive days prior to taking leave. Qualifying employees must be restored to the same position or an equivalent position with the same pay, benefits, and employment conditions. The job protection requirement applies to all employers in Maine, including those with fewer than 15 employees. Source: maine.gov/paidleave · Maine Legislature — Title 26 § 850-A

What is the Maine PFML contribution rate for 2026?

The contribution rate for 2026 is 1.0% of wages for employers with 15 or more employees (split 50/50 between employer and employee, with the employee portion capped at 0.5%), and 0.5% of wages for employers with fewer than 15 employees (remitted as the employee’s contribution only). The rates apply to wages up to the Social Security taxable wage maximum ($184,500 in 2026). The maximum employee contribution is $922.50 for 2026. Source: maine.gov/paidleave · MDOL Employer FAQ (2026)

How do I apply for Maine PFML benefits?

As of May 1, 2026, eligible employees file claims through Aflac, the state’s contracted claims administrator. Applications may be submitted beginning April 2026 for leave events on or after May 1, 2026. Employers participating in approved private plans follow their insurer’s claim process. Employees must provide at least 30 days’ written notice for foreseeable leave or notice as soon as practicable for emergencies. Source: maine.gov/paidleave

Can Maine PFML be taken intermittently?

Yes. Intermittent leave is permitted under Maine PFML, with a minimum increment of 1 hour. Employers may not require employees to take leave in increments larger than 1 hour. For foreseeable intermittent leave, employees must provide advance notice consistent with the program’s requirements. Source: maine.gov/paidleave · MDOL Final Rules — 12-702

How long is maternity leave for fathers in Maine?

Fathers and non-birthing parents have the same parental leave entitlement as birthing parents under Maine PFML — up to 12 weeks of paid parental bonding leave within the first 12 months following birth, adoption, or foster placement, at the same wage replacement rates. Federal FMLA also provides equal bonding leave rights to both parents. Source: maine.gov/paidleave · U.S. DOL FMLA

Sources & Verification Log

Sources & Verification Log — Maine Paid Leave Laws
Section Source URL Date Verified
Earned Paid Leave (All of Section 2) Maine Department of Labor — MDOL Earned Paid Leave maine.gov/labor/labor_laws/earnedpaidleave March 2026
Earned Paid Leave Statute Maine Legislature — 26 M.R.S. § 637 legislature.maine.gov/title26sec637 March 2026
LD 55 Amendment (September 2025) Maine Legislature — LD 55 legislature.maine.gov LD55 PDF March 2026
PFML Program (All of Section 3) Maine Department of Labor — PFML Program maine.gov/paidleave March 2026
PFML Statute Maine Legislature — Title 26 §§ 850-A through 850-R legislature.maine.gov Title26 PFML March 2026
PFML Final Rules Maine SOS — Chapter 702 Final Rules PFML Final Rules PDF March 2026
PFML Employer FAQ (2026) MDOL Employer FAQ March 2026
PFML Employee Information MDOL Employee Information PDF March 2026
PFML Benefit Calculator MDOL Benefit Calculator March 2026
PFML Benefits Launch (May 1, 2026) MDOL News Release — Jan 20, 2026 News Release March 2026
PFML Almost Here (Jan 28, 2026) MDOL News Release News Article March 2026
SAWW Update ($1,198.84) Maine Department of Labor — PFML Program maine.gov/paidleave March 2026
Maine FMLA (MFMLA) Maine Legislature — 26 M.R.S. §§ 843-847 MFMLA statute March 2026
Federal FMLA U.S. Department of Labor — FMLA dol.gov FMLA March 2026
FMLA Complaint Process U.S. DOL WHD FMLA Complaint March 2026
Domestic Violence Leave Maine Legislature — 26 M.R.S. § 850 Statute March 2026
Military Leave (State) Maine Legislature — 26 M.R.S. § 811 Statute March 2026
Vacation Payout Law Maine Legislature — 26 M.R.S. § 626 Statute March 2026
Seasonal Industries List MDOL — Earned Paid Leave Seasonal industry guidance March 2026
PFML Contributions Portal Maine PFML PFML Contributions March 2026
Note on SAWW source: The $1,198.84 SAWW figure effective July 1, 2025 is referenced from a compliance advisory published June 2025. The official SAWW is set annually by the Maine Workers' Compensation Board and published on the Maine Department of Labor website at maine.gov/paidleave. Verify the current SAWW directly at the MDOL site on or after each July 1 update date.

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This page compiles information from official government sources for general reference purposes. It does not constitute legal advice. Employment law is subject to legislative changes and judicial interpretation. For specific compliance questions, consultation with a licensed attorney in Maine is recommended. Last updated: March 2026.