On July 11, 2023 Maine Governor Janet Trafton Mills signed a bill to create a Paid Family & Medical Leave program. This program provides up to 12 weeks of paid leave per benefit year for an employee’s own serious health condition, to bond and care for a new child, to care for a family member with a serious health condition, and for qualifying military exigencies. Contributions begin on January 1, 2025, with benefits effective May 1, 2026. Check in regularly to stay up to date as developments in this program occur.
Maine Paid Family and Medical Leave
Law passed July 11, 2023. Contributions to the state program begin Jan. 1, 2025, with benefits in effect May 1, 2026.
Covered Leaves and Durations
Benefit Year: 12-month period beginning on the first day of the calendar week immediately preceding the date on which family leave benefits or medical leave benefits start.
Weekly Benefit Amount
Benefit Calculation:
- 90% of wages that do not exceed 50% of the state’s average weekly wage, or SAWW, plus
- 66% of wages that exceed 50% of the SAWW
Maximum Weekly Benefit: Benefits are capped at the State Average Weekly Wage ($1,198.84)
SAWW: $1,198.84 (July 1, 2025 – June 30, 2026)
Waiting Period
Medical leave has one seven-day unpaid benefit waiting period per benefit year. Therefore, of the maximum 12-week duration, the first week of medical leave is an unpaid benefit waiting period, followed by up to 11 weeks paid leave. Employees can use accrued sick or paid vacation, or other paid leave provided under a collective bargaining agreement or employer policy during the unpaid benefit waiting period.
Intermittent Leaves
Leaves can be taken continuously, intermittently or on a reduced leave schedule as agreed to by the employee and employer. Intermittent leave must be taken in eight-hour increments.
If a covered individual takes family leave or medical leave on an intermittent or reduced leave schedule, the weekly benefit amount will be prorated.
In order to be eligible for coverage, an employee must have earned at least six times the State Average Weekly Wage (SAWW) in wages subject to premiums during the base period. Self-employed and independent contractors may elect coverage.
"Employee" means a person who may be permitted, required or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment in the State but does not include an independent contractor.
Family Members
Covered individuals may take family leave to care for a:
- Spouse/Domestic partner
- Child (regardless of age: parentage determined by Maine Parentage Act or biological, adopted, foster, step, child of whom the employee stands in loco parentis, legal guardian, any individual to whom the covered individual or spouse/domestic partner of the covered individual stood in any of these relationships when the individual was a minor child)
- Parent (biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse, or an individual who stood in loco parentis to the covered individual or to a spouse/domestic partner when the individual was a child)
- Sibling (legal, biological, adoptive, foster, step, de facto)
- Grandchild (legal, biological, adoptive, foster, step, de facto)
- Grandparent (legal, biological, adoptive, foster, step, de facto)
- An individual, as designated by the covered individual in accordance with the rule, with whom the covered individual has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship
Employers
Covered employer means:
- Any person, sole proprietorship, partnership, corporation, association or other business entity that employs employees at a location in this State
- The State, including the executive, legislative and judicial branches, and a state department or agency
- A county, city, town or municipal agency
- An agent of an employer, the State or a political subdivision of the State
- A public employer, as defined in section 962, subsection 7
- A tribal government that has elected coverage pursuant to section 850-G
"Employer" does not include the Federal Government.
Plan Options
Employers may select coverage under the state plan, or they may elect coverage under a fully insured or self-insured private plan.
A surety bond is required for self-funded plans. A private plan must confer the same rights, protections, and benefits to employees as those provided within the state plan, and must be offered to all of the employer's employees. Additional rules and regulations are under development.
Funding
- The contribution per employee is 1% of an individual's wage rate, split between employer and employee, up to the Social Security Taxable Wage Base of $176,100. Employers may also choose to pay the full 1% as an added benefit for their employees.
- Employers with fewer than 15 employees are not responsible for the employer portion of the contribution, but may elect to pay all or a portion of the employee contribution
Additional Information Employers Need to Know
- ME Paid Family and Medical Leave is job protected and an eligible employee must be returned to the same or an equivalent position once an eligible employee has worked 120 days for their employer
- PFML leave may not affect the right to accrue vacation and sick time, bonuses, advancement, seniority, length of service credit, or other benefits, plans or programs
- Employer must maintain employment-related health insurance as if the employee was not on leave
- Leave taken runs concurrently with FMLA if covered by both
- Benefits will be reduced by any amounts received for workers’ compensation, unemployment, or other state or federal temporary or permanent disability benefits
- Benefits will be reduced by an employer’s permanent disability policy
- Accrued leave may be used during waiting period
More Information
For more details, visit the Maine Paid Family and Medical Leave site.
If you'd like to see how we can help you comply with leave laws, check out our leave management services. We offer both absence management and benefits administration so you can focus your time where you need it most.
On July 11, 2023 Maine Governor Janet Trafton Mills signed a bill to create a Paid Family & Medical Leave program. This program provides up to 12 weeks of paid leave per benefit year for an employee’s own serious health condition, to bond and care for a new child, to care for a family member with a serious health condition, and for qualifying military exigencies. Contributions begin on January 1, 2025, with benefits effective May 1, 2026. Check in regularly to stay up to date as developments in this program occur.
On July 11, 2023, Maine Governor Janet Mills signed into law a budget that will establish a paid family and medical leave program in the state. Employees will be able to begin taking leave and receiving benefits on May 1, 2026 (subject to a potential short delay based on an actuarial study). Employees and employers will begin contributing to the state plan on January 1, 2025.
Nearly all employees in Maine, including both private and public sector workers, will be covered. Job protection will apply to employees who have worked for their employer at least 120 days prior to their leave. The law provides up to 12 weeks of paid time off for an employee’s own medical condition, family leave (care of family member and bonding), safe leave and military exigency. Benefits are calculated as 90% of the portion of an employee’s wages that is less than or equal to 50% of the state average weekly wage plus 66% of the portion of wages exceeding 50% of the state average weekly wage. Benefits will be capped at 100% of the state average weekly wage. Employers will have the option to participate in the state plan or opt out of the state plan and provide benefits under comparable private plans.
All information on this page is subject to change as state requirements change.
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