BE IT ENACTED by the People of the State of Maine as follows:
Sec. 1. 26 MRSA, sub-chapter 7 is enacted to read:
SUBCHAPTER 7: PAID FAMILY AND MEDICAL LEAVE
Section 850-A. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
1. "Employee" means an individual who performs services for wages or salary for an employer.
2. "Employer" means any person, firm, corporation, association or other entity that employs 15 or more individuals for at least 20 weeks in the current or preceding calendar year.
3. "Family leave" means leave taken by an employee for any of the following reasons: A. The birth of a child and care of the newborn child during the first year after birth; B. The placement of a child for adoption or foster care and care of the newly placed child; C. Care for a family member with a serious health condition; D. A qualifying exigency arising out of the fact that a family member is on active duty.
4. "Medical leave" means leave taken because of a serious health condition that makes the employee unable to perform the functions of their position.
5. "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider.
Sec. 2. Benefits. 1. An employee who has been employed for at least 12 months and has worked at least 1,250 hours during the previous 12-month period is entitled to up to 12 weeks of paid family and medical leave per year.
2. Benefits shall be paid at 90% of the employee's average weekly wage, up to a maximum of 100% of the state average weekly wage.
3. Benefits shall be funded through equal contributions from employers and employees, not to exceed 1% of wages each.
Sec. 3. Job Protection. Upon return from leave, an employee is entitled to be restored to the same or equivalent position held before leave with equivalent pay, benefits, and other terms and conditions of employment.
Sec. 4. Effective Date. This Act takes effect January 1, 2027.
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Will this apply to part-time workers, or only full-time employees?
Apr 1
The bill as written applies to employees who have worked at least 1,250 hours in the previous 12-month period, which generally covers most full-time workers. Part-time workers below that threshold would not be eligible. This is something the committee is actively discussing — there may be an amendment to address part-time coverage.
How does this interact with federal FMLA? Can they be taken simultaneously?
Apr 1
Not yet answered
What happens if a small business can't afford to hold the position open for 12 weeks?
Apr 2
Not yet answered
The 90% wage replacement is a meaningful step but the 15-employee threshold will leave a lot of small business workers out. Most Maine small businesses have fewer than 15 employees.
Agreed. The threshold should be 5 or fewer to cover the majority of Maine's workforce given our economy.
As a member of the Labor and Housing committee I want to note that the threshold was set to balance coverage with compliance burden on small employers. This is an open issue we are actively debating.
The job protection provision needs to address situations where the business has changed significantly during leave -- what counts as an 'equivalent' position?
This is long overdue. Maine is one of the few states without any paid leave. I have had to choose between my job and caring for a sick parent. No one should face that choice.
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