In 2023, Maine’s new Paid Family and Medical Leave law (PFML) established a state benefit program funded by premium contributions generally split between employees and employers. Premium contributions started January 1, 2025. The program permits up to 12 weeks of paid leave per benefit year for family, medical and safety reasons. Employee applications for benefits are scheduled to be accepted beginning May 1, 2026.
Here is some additional information employers should know about this program and its compliance requirements:
What employees are eligible for Paid Family and Medical Leave (PFML)?
Employees are eligible for PFML if they earn at least six times the state average weekly wage during the base period. “Base period” means the first four of the last five completed calendar quarters immediately before the first day of the employee’s benefit year. For workers employed for at least 120 days before taking leave, their leave is job-protected. Employees of the federal government or a tribal government are not covered.
What are examples of qualified reasons for leave?
PFML may be taken by covered employees for these qualifying family, medical and safety reasons:
Family leave
- Bonding with a new child during the first 12 months after birth, adoption, or foster placement.
- Caring for a family member with a serious health condition.
- Attending to qualified military exigencies relating to a family member’s active military duty or call to active duty.
- Caring for a family member who is a covered service member or for bereavement.
Medical leave
- The employee’s own serious health condition, including organ donation, keeps them from working.
Safe leave
- Needs relating to the employee or covered family member being a victim of domestic violence, stalking, or sexual assault.
There is a 7-day waiting period before medical leave benefits are available. In other words, if an employee’s medical leave is approved, benefits are not payable for the first seven calendar days starting with the first day of leave. Employees, however, only need to complete one waiting period per year for medical leave. There is no waiting period for family leave or safe leave. Maine PFML will run concurrently with the federal FMLA and Maine FMLA when they all apply.
What should employers do to prepare for PFML?
Employers should review and revise their employee policies and payroll practices to cover PFML. Also, make sure all employees eligible to file a claim have access to the Maine Paid Leave portal. And finally, contact legal counsel for assistance with this new leave entitlement if necessary.
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