Maine's Paid Family and Medical Leave Program

Maine has become the latest state to begin a Paid Family and Medical Leave program.

The Maine PFML program is changing the game, ensuring employees have access to benefits when taking time away from work for certain qualifying events. On this page, discover how PFML will impact both employers AND employees.  We will cover:

1. PFML Resources
2. What is Maine’s PFML program?
3. What benefits are employees entitled to?
4. What are the deadlines for compliance?
5. How are employers impacted?
6. How are employees impacted?
7. Types of leave
8. What is the Maine Paid Leave Portal?
9. What to do next?

• Maine’s program will provide up to 12 weeks of paid leave per year to all eligible employees of private and public employers regardless of employer size.
• During the approved leave period, employees will receive 90% of their wages for income earned that is equal to or less than 50% of Maine’s average weekly wage. Currently, this average weekly wage is $1,103. Any portion of an individual’s weekly wage that is more than 50% of the state’s average weekly wage is replaced at 66% up to the maximum weekly benefit.
• Employers must restore the employee to the same or equivalent position once the employee returns from leave. This same or equivalent position must have equal pay, benefits, and other conditions of employment. The rules apply to eligible employees that have worked at least 120 days prior to taking leave.

• Employers must withhold a payroll tax from employees.

All employers must withhold a 0.5% payroll tax from employee wages starting on January 1st, 2025 to fund the PFML program.

• Some employers must contribute a payroll tax to the program.

Employers with more than 15 employees must also contribute a 0.5% payroll tax to help fund the program.

• Employers can opt-out of the program if they offer comparable private paid leave to their employees.

Employers cannot impose a cost to employees that is greater than the payroll tax under the state plan for these private programs.

• Employers must remit contributions.

The employer is responsible for remitting contributions to the PFML Fund.

• Employers must be aware that they must restore the employee to the same or equivalent position once the employee returns from leave.

This same or equivalent position must have equal pay, benefits, and other conditions of employment. The rules apply to eligible employees that have worked at least 120 days prior to taking leave. If the employee has not worked for at least 120 days, they may not be subject to these protections.

• Employers must provide notice to employees.

Employers will also be required to post a labor law poster in the workplace. We will have this poster available for FREE on our website once it is available. Employers must also issue written notice to each employee within 30 days of hire that includes details of this program.

How will Maine PFML impact employees?

• Employees will automatically have a payroll tax deducted.

Employees will automatically have 0.5% of wages deducted through a payroll tax to help fund the PFML program.

• Employees are eligible for leave each benefit year.

Covered employees are eligible to up to 12 weeks of paid leave per year for certain qualifying events.

• Employees can receive up to a certain amount,

During the approved leave period, employees will receive 90% of their wages for income earned that is equal to or less than 50% of Maine’s average weekly wage. Currently, this average weekly wage is $1,103.

Any portion of an individual’s weekly wage that is more than 50% of the state’s average weekly wage is replaced at 66% up to the maximum weekly benefit.

• Eligible employees can use this paid leave for a number of reasons.

At this time, some of these reasons include:

1. Bonding with the covered individual’s child during the first 12 months after childbirth or in the first 12 months after the placement or adoption of a child.
2. Caring for a family member with a serious health condition.
3. Attending a qualifying exigency. This is defined as “a need rising out of a covered individual’s family member’s active duty service or impending notice of a call or order to active duty.”
4. Caring for a family member of the covered individual who is a covered service member.
5. Safe leave, otherwise known as sexual assault victim leave.
6. Any other reason set forth in Maine FMLA requirements.
7. Leave is not limited to employees’ own conditions or conditions of a direct family member. This means that the plan permits employees to take leave to care for an individual with whom they have “a significant personal bond that is or is like a family relationship regardless of biological or legal relationship.”

• Employees must give notice to employers.

Employees can take the paid leave immediately after starting employment. Employees looking to take paid leave must provide employers with only reasonable notice of their intent to take leave.