Maine: New Paid Family and Medical Leave Requirement for Maine Employers

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APPLIES TO

All Employers with Employees in ME

EFFECTIVE

May 1, 2026

  

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Quick Look

  • Beginning May 1, 2026, Maine’s new paid family and medical leave law will provide employees with up to 12 weeks of paid family and medical leave benefits over a one-year period.
  • PFML benefits are financed through premium contributions from both employers and employees, which will begin on January 1, 2025.
  • Maine’s PFML law will cover virtually all Maine employees, including public employees (except federal government employees), as well as self-employed Mainers and tribal government employees.
  • Employers can expect more detailed guidance and regulations to be published by the Maine Department of Labor prior to the Act coming into effect.

Discussion

Beginning May 1, 2026, Maine’s new paid family and medical leave law will provide employees with up to 12 weeks of paid family and medical leave benefits over a one-year period. Employers can likely expect additional guidance to be issued by Maine’s Department of Labor prior to the effective date of the PFML program, however, employers should begin preparations for implementing the program now. Highlights of the new law are summarized below.

PFML Program Financing. The program’s benefits will be financed through a mandatory “premium” based on employee wages of up to 1%, which will be split evenly between employee and employer. Maine employers with fewer than 15 employees will not be subject to the payment of the employer’s portion of the premium, however, they will still be required to collect and pay the employee portion. Although the overall PFML program will not start until May 1, 2026, Maine employers and employees will begin paying the benefit premiums on January 1, 2025.

Employee Eligibility. Defined broadly, a “covered individual” under the new law includes all Maine employees who earn at least six times the state average weekly wage subject to premiums during the prior year. Exceptions exist for tribal employees, the self-employed, and employees subject to collective bargaining agreements.

Employee Notice Requirement and Reinstatement. In order to take leave under the Maine PFML law, employees must provide reasonable notice to the employer of their intention to take leave and the leave must be scheduled in such a way to avoid imposing an undue hardship on the employer (with certain exceptions for unforeseen emergencies). Employees taking PFML that have been employed for longer than 120 days must be returned to the same or equivalent position upon their return from leave.

Employee Benefit Entitlement. The program will pay covered employees “the portion of the covered individual’s average weekly wage that is equal to or less than 50% of the state average weekly wage” at a rate of 90%. Additionally, the program will pay covered employees “[t]he portion of the covered individual’s average weekly wage that is more than 50% of the state average weekly wage” at a rate of 66% up to the maximum weekly benefit of 100% of the average weekly wage. Leave under the program will run concurrently with leave under the federal Family and Medical Leave Act.

Covered Reasons for Leave. Paid leave is provided for the same list of reasons outlined under Maine’s unpaid Family and Medical Leave law. This includes: (1) to bond with the covered individual’s child during the first 12 months after the child’s birth or the placement of the child for adoption or foster care; (2) to care for a family member with a serious health condition, including persons of significant personal bond regardless of biological or legal relationship; (3) to attend to a qualifying exigency; (4) to care for a family member who is a covered service member; (5) to take safe leave; (6) for a serious health condition of the covered employee; (7) for donation of an organ by the employee; or (8) for the death of a close family member if the family member dies or incurs a serious health condition while on active service duty.

Employer Notice Requirements. The Maine DOL is in the process of developing a required poster outlining employee rights under the PFML law. Once the poster is issued and the PFML law goes into effect, Maine employers will be required to display the poster in a conspicuous place in the workplace. Maine employers are similarly required to notify new employees in writing of their rights under the PFML law within the first 30 days of employment.

Effect on Employer Private Plans. Like the separate Maine Earned Paid Leave program, Maine employers will be permitted to substitute their own private plans in place of participation in the state PFML program. Such private plans must provide the same or greater rights, protections, and benefits to employees as they would receive under the state program. If electing to do so, Maine employers are required to seek approval from the Maine DOL in order to substitute their own private plans.

Action Items

  1. Review the full Maine PFML program requirements here.
  2. Monitor Maine’s DOL website for additional information and guidance on the PFML program.
  3. Review current paid leave policies and procedures, and consult with legal counsel regarding implementation of PFML program and compliance with updated obligations.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2023 ManagEase