Maine Paid Family and Medical Leave (ME PFML)
On July 11, 2023, Governor Mills signed a budget bill that included the creation of a mandated paid family and medical leave (PFML) program in Maine. Contributions to the program will begin on January 1, 2025 and benefit payments will begin May 1, 2026.
Important upcoming dates:
January 1, 2025: Contributions to the ME PFML begin
May 1, 2026: ME PFML benefits begin
The Maine Paid Family and Medical Leave law allows employers to meet their compliance obligations by either choosing to provide coverage through the Maine Paid Family and Medical Leave state program or a private plan. The private plan may either be self-funded or fully insured through a state-approved insurance carrier. State approval is required.
Considering a private plan?
Starting on May 1, 2026, ME PFML will allow job protected paid time off, up to 12 weeks, for:
Medical Leave: An employee’s own serious health condition
Organ donation
Bonding with a new child
Care of family member with a serious health condition
Qualifying exigency
Military caregiver leave
Safe Leave
Bereavement Leave for the death of certain family members in the armed forces
Job Protection: The ME PFML coverage is job protected once the employee has worked 120 days for their employer. When applicable, a worker should request leave under the federal Family and Medical Leave Act (FMLA) concurrently.
Covered individuals may take family leave to care for a:
Spouse or Domestic partner
Child
Parent
Sibling
Grandchild
Grandparent
An individual with whom the covered individual has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship
Employers with employees working in Maine regardless of employer size must provide coverage, including:
Companies with an individual working in Maine
State employees, including employees of state agencies and municipal and local government entities
Self-employed individuals, including independent contractors, sole proprietors and Tribal government, may elect coverage.
Federal government employees are excluded.
Employees are eligible for ME PFML if they’ve earned at least six times the state average weekly wage (SAWW) subject to premiums during their base period. The base period refers to the first four calendar quarters immediately preceding the first day of an individual’s benefit year.
Medical Leave: An employee’s own serious health condition
Organ donationBonding with a new child
Care of family member with a serious health condition
Qualifying exigency
Military Caregiver Leave
Safe Leave
Bereavement Leave for the death of certain family members in the armed forces
No benefits are payable during the first 7 calendar days of Medical Leave. Employees may take up to 12 weeks for any one leave or any combination of leaves. Covered individuals will receive a weekly benefit that varies depending on income:
90% of the employee’s average weekly wage that is less than or equal to 50% of the state average weekly wage (SAWW), plus
66% of the employee’s average weekly wage that is greater than 50% of the SAWW
The maximum benefit will be 100% of the SAWW.
Maine PFML requires written notice of PFML rights to each employee within 30 days of date of hire.
Also, employers must conspicuously display a poster at their place of business 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 Maine Department of Labor.
The notice should include general information about the employees’ PFML benefits, the procedure for filing a claim, their right to continuationof health insurance, and other relevant details.
Starting on May 1, 2026, ME PFML will allow job protected paid time off, up to 12 weeks, for:
Medical Leave: An employee’s own serious health condition
Organ donation
Bonding with a new child
Care of family member with a serious health condition
Qualifying exigency
Military caregiver leave
Safe Leave
Bereavement Leave for the death of certain family members in the armed forces
Job Protection: The ME PFML coverage is job protected once the employee has worked 120 days for their employer. When applicable, a worker should request leave under the federal Family and Medical Leave Act (FMLA) concurrently.
Covered individuals may take family leave to care for a:
Spouse or Domestic partner
Child
Parent
Sibling
Grandchild
Grandparent
An individual with whom the covered individual has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship
Employers with employees working in Maine regardless of employer size must provide coverage, including:
Companies with an individual working in Maine
State employees, including employees of state agencies and municipal and local government entities
Self-employed individuals, including independent contractors, sole proprietors and Tribal government, may elect coverage.
Federal government employees are excluded.
Employees are eligible for ME PFML if they’ve earned at least six times the state average weekly wage (SAWW) subject to premiums during their base period. The base period refers to the first four calendar quarters immediately preceding the first day of an individual’s benefit year.
Medical Leave: An employee’s own serious health condition
Organ donationBonding with a new child
Care of family member with a serious health condition
Qualifying exigency
Military Caregiver Leave
Safe Leave
Bereavement Leave for the death of certain family members in the armed forces
No benefits are payable during the first 7 calendar days of Medical Leave. Employees may take up to 12 weeks for any one leave or any combination of leaves. Covered individuals will receive a weekly benefit that varies depending on income:
90% of the employee’s average weekly wage that is less than or equal to 50% of the state average weekly wage (SAWW), plus
66% of the employee’s average weekly wage that is greater than 50% of the SAWW
The maximum benefit will be 100% of the SAWW.
Maine PFML requires written notice of PFML rights to each employee within 30 days of date of hire.
Also, employers must conspicuously display a poster at their place of business 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 Maine Department of Labor.
The notice should include general information about the employees’ PFML benefits, the procedure for filing a claim, their right to continuationof health insurance, and other relevant details.
Will Guardian be offering a private plan solution?
Guardian will be offering a private plan solution to assist covered employers in meeting their obligation to provide Maine PFML coverage.
Our product offering will be fully-insured and state-approved. Plus, our digital capabilities can make administration easier – with online claims submission and access to bills, policies, and reports.
You can count on:
Dedicated support to file a private plan exemption with the state
Assistance with adjusting Short Term Disability (STD) and Long Term Disability (LTD) plan designs to integrate with a PFML plan
A single point-of-contact for disability and/or paid leave claims inquiries
Experienced claims management by tenured professionals, including safe and effective return to work support
Updates on new regulations and ongoing guidance to keep you compliant
Guardian can help you manage it all
Effective employee leave management is key to ensuring your business remains compliant with state laws, helping you avoid costly fines.
Guardian has provided employers with statutory disability plans for more than a decade, taking a consultative approach to bring resources together for successful PFML plan implementation and management, no matter the level of complexity. Our management of PFML plans help ensure that any Human Resources team can meet the challenge of efficiently managing employee leaves while helping to ease administrative burden and enhancing compliance. Our plans are fully insured, state-approved, and backed by digital capabilities designed to help make administration easier.
Further, our Guardian absence management solutions can help reduce the administrative burden and enhance compliance with the integrated management of STD and LTD benefits, state and federal family medical leaves, and company leaves. Available to companies with 50 or more employees, employers can choose from a variety of plans and service options, including ADA support.
Information provided on this blog is intended for general educational use. It is not intended to provide legal advice. Guardian does not provide legal services. Consult an attorney for legal advice on this or any other topic.
Links to external sites are provided for your convenience in locating related information and services. Guardian, its subsidiaries, agents, and employees expressly disclaim any responsibility for and do not maintain, control, recommend, or endorse third-party sites, organizations, products, or services and make no representation as to the completeness, suitability, or quality thereof.
Group insurance products are underwritten and issued by The Guardian Life Insurance Company of America, New York, NY. Products are not available in all states.
Guardian Absence SolutionsSM is a service mark of The Guardian Life Insurance Company of America.
2024-179286 (Exp. 8/26)
Information provided on this blog is intended for general educational use. It is not intended to provide legal advice. Guardian does not provide legal services. Consult an attorney for legal advice on this or any other topic.
Links to external sites are provided for your convenience in locating related information and services. Guardian, its subsidiaries, agents, and employees expressly disclaim any responsibility for and do not maintain, control, recommend, or endorse third-party sites, organizations, products, or services and make no representation as to the completeness, suitability, or quality thereof.
Group insurance products are underwritten and issued by The Guardian Life Insurance Company of America, New York, NY. Products are not available in all states.
Guardian Absence SolutionsSM is a service mark of The Guardian Life Insurance Company of America.
2024-179286 (Exp. 8/26)