Maine’s Paid Family and Medical Leave program is now in effect. Signed into law in July 2023, the program began collecting employer and employee contributions on January 1, 2025. Benefits became available May 1, 2026, and employees have been submitting applications since March 30, 2026. If your organization has employees working in Maine, your compliance obligations are active right now.
Who is eligible for Maine Paid Family and Medical Leave (ME PFML)?
All public employees (except those employed by the federal government), private full-time and part-time employees, and self-employed individuals are eligible for ME PFML.
Employees must meet an earnings threshold to qualify. The employee must have earned at least $7,188 during the base period, which is the first four of the last five completed calendar quarters immediately preceding the first day of their benefit year. The employee does not need to have been working for their current employer when they earned this income, and employees can take paid leave immediately after starting new employment.
What new protections does ME PFML grant employees?
Maine Paid Family and Medical Leave offers participating employees up to 12 weeks of medical and or family leave in a benefit year. However, the law does not set a minimum wage replacement. The maximum weekly benefit equals the state average weekly rage, currently set at $1103.00.
What wage replacement does ME PFML offer?
Maine Paid Family and Medical Leave does not set a minimum benefit. The maximum weekly benefit is currently $1,198, effective through June 30, 2026, after which it increases to $1,249.12 on July 1, 2026. The maximum is updated every July 1 by the state workers’ compensation board.
Employers may allow employees to use PTO, salary continuation, or short-term disability benefits to supplement their PFML benefit, but total compensation may not exceed 100% of the employee’s regular pay.
Do employers have to pay for ME PFML, and if so, how does that work?
Starting on January 1, 2025 (one year before ME PFML benefits become available to employees) employers and employees will begin paying a 1% payroll tax to fund the program. This 1% payroll tax will be split equally between the employee and the employer (which the employer must collect and remit to the state).
Employers with fewer than 15 employees are exempt from contributing to the program, but they must still remit the employee’s portion of the payroll tax to the state.
Employers with 15 or more employees are required to participate in and contribute to the ME PFML program unless they offer equivalent or greater paid medical and family leave benefits. In this case, the employer can apply for a waiver to opt out of participation in the state program. Employers cannot require their employees to contribute more than the payroll tax employees must pay under the state plan.
Does Maine Paid Family and Medical Leave interact with other types of leave?
Employers may require ME PFML to run concurrently with leave taken for qualifying reasons under the federal FMLA and Maine’s own Family Medical Leave law, where applicable. However, employers may not require employees to use or exhaust other available paid time off, such as vacation or sick days, during a PFML absence before benefits begin.
Note that leave taken under the federal FMLA or Maine FMLA before an employee’s Maine PFML benefits begin will count against the employee’s available 12 weeks of Maine PFML, if taken for qualifying reasons under all three laws. Employers should review their handbook language around concurrent leave to limit the potential for stacking.
Does ME PFML offer job protection?
The new law provides job protection for employees who take ME PFML if they have been employed with their current employer for at least 120 days before taking leave. Employers must restore the employee to the same or equivalent position with the same benefits, pay, and other employment conditions upon their return from leave.
What leave options does ME PFML provide employees?
Medical life events that qualify for the use of ME PFML include:
- Illness
- Injury
- Impairment
- Pregnancy
- Recovery from childbirth
- Physical, mental or psychological condition involving impairment care or continuing treatment by a healthcare provider
Family-related life events that qualify for the use of ME PFML include:
- Bonding
- Family care
- Qualifying exigency
- Care for covered service member
- Safety
- Organ donation
- Military bereavement
What documents can employers ask employees to provide?
Employees submit PFML applications through the Maine Paid Leave Portal. Aflac, the state-contracted claims administrator, is responsible for reviewing claims, determining eligibility, and calculating benefit amounts. Employers are notified through the Aflac Employer Portal and may be asked to provide additional information related to an employee’s claim.
When does an employee need to give notice of their ME PFML?
Employees must give at least 30 days’ notice before taking leave, or as soon as practicable. Employees must be employed as of the date of application if applying in advance of leave, or as of the date leave begins if applying retroactively.
How can your HR team ensure they are compliant with ME PFML?
Employers should work with their benefits and employment counsel to determine how PFML benefits will be provided to employees and make sure their policies and procedures are current. Employers may participate in the state-run program or apply for a private plan offering equivalent or greater benefits through the Maine Paid Leave Contributions Portal.
For HR teams managing leave across multiple states, layering Maine PFML on top of FMLA, ADA, and other state programs adds real administrative complexity. To learn how AbsenceSoft helps teams stay compliant with 200+ federal and state leave laws, schedule a demo today.