Maine Paid Family and Medical Leave Program

Maine Paid Family & Medical Leave

On July 11, 2023 the governor of Maine signed a bill to create a Paid Family & Medical Leave program. The information below is based on current law; regulations are still under development. The program will provide paid leave benefits 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. The information below is subject to change. 

• Premiums began Jan. 1, 2025
• Benefits begin May 1, 2026

Covered Leaves and Durations

Employees are limited to a maximum of 12 weeks of total, combined leave per benefit year.

"Benefit Year" means the 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 commence. This is the “rolling forward” calendar method.

Weekly Benefit Amount

Benefit Calculation: 90% of wages that do not exceed 50% of the state’s average weekly wage, plus 66% of wages that exceed 50% of the SAWW  

Maximum Weekly Benefit: $1,198.84 (state AWW for 7/1/25-6/30/26)  

Minimum Weekly Benefit: None 

Waiting Period

There is a seven day unpaid waiting period per Benefit Year for medical leave. No waiting period applies to family or safe leaves. 

Intermittent Leaves

Intermittent leaves are permitted, and must be taken in full day increments unless both the employer and employee agree otherwise. Even if agreement is made on a shorter time period, leave may not be taken in increments of less than one hour.

Covered Employers

ME PFML applies to all employers (including state and local governmental employers) with at least one employee working in the state. Tribal governments and self-employed individuals may opt into the program.

Covered Employees

Employees who work in Maine and have earned wages paid in the state equal to at least six times the state average weekly wage (SAWW) over the first four of the last five completed calendar quarters prior to a leave.  

Covered Family Members

A family member is defined as any of the following individuals related to a covered employee, spouse or domestic partner:

• Biological, step, adopted or foster children; children under legal guardianship; and individuals, regardless of age, with whom an in loco parentis relationship exists
• Biological, adoptive, foster or step-parents or legal guardians; individuals who acted as a de facto parent or stood in loco parentis during childhood
• Employee’s spouse or domestic partner
• Biological, adoptive, de facto, foster, or step- grandparents, grandchildren, or siblings
• Any individual, designated by the employee, who has a significant personal bond that is or is like a family relationship, regardless of any biological or legal relationship

Plan Options

The law allows private plans, which must be approved by the state and meet or exceed the rights, protections and benefits that would be provided to a covered employee under the state plan. Private plans may be fully insured or self-funded by the employer.

The Standard can help you with providing a private plan that will meet or exceed the state requirements. Learn more about our  leave management services.

1 Self-funded plans must post a bond.

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 ($184,500). Employers may also choose to pay the full 1% as an added benefit for their employees. 

Employers with less than 15 employees will contribute 0.5% of wages and may deduct the entire amount from the employees’ wages.

Additional Information Employers Need to Know

Maine PFML includes job protection:

• Applies to employees who have worked for an employer for at least 120 days.
• Employees are entitled to restoration to the same or an equivalent position.

Maine PFML includes Health Benefits protection:

• Benefits continue during leave.
• Employees must continue to pay employee share of health care benefits.

Maine PFML Notification Requirements

Maine PFML requires that employers post conspicuous notice of the benefits available under PFML law. The employer must post the notice in English and each language, other than English, that is the primary language of 3 or more employees of that workplace, if such notice is available from the department.

Additionally, within 30 days of hire, employers must issue each employee the following written information provided or approved by the department in the employee's primary language:

• An explanation of available PFML benefits, including job protection and continuation of health insurance
• The employee's contribution amount and obligation
• The name and mailing address of the employer
• The identification number assigned to the employer by the administrator
• Instructions on how to file a claim for PFML benefits
• The mailing address, e-mail address and telephone number of the administrator; and
• Any other information deemed necessary by the administrator

More Information

• Maine PFML runs concurrently with federal FMLA if leave is for same qualifying reason.
• • Leave taken under FMLA in the 12-month period preceding the start of ME PFML will be deducted from the ME PFML entitlement if the leave reason was a qualifying reason under ME PFML.
• Employers may not require employees to use accrued paid time off, including sick and vacation time, before using PFML benefits.
• The employer may allow employees to use PTO or other paid time to “top up” PFML payments, bridging the gap between PFML benefits and the employee’s average weekly earnings.
• Total of all benefits received cannot exceed 100% of covered employee’s average weekly wage.

Visit the Maine Department of Labor page page to learn more about Maine’s PFML.

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.