Maine Family Medical Leave - Legislative Guidance
Table of Contents
Overview
Maine Family Medical Leave offers eligible employees up to 10 weeks of unpaid, job-protected leave in a 2 year period. Employees may use leave to care for a family member, or their own serious health condition, birth or placement of a child, organ donation, care of an injured servicemember, or death of a servicemember.
AbsenceSoft Policies
Maine Family Medical Leave is configured in AbsenceSoft with the policy code and naming below:
Maine Family Medical Leave ME-FML
Legislation codes and statues
The information presented in the guidance relates to the following legislative codes, links to the specific legislation can be found within the ‘Resources’ section of this document:
Maine Revised Statues, Title 26, Chapter 7, Subchapter 6-A, sections 843-849A (Me. Rev. Stat. tit. 26, §843 to 849A.)
Employer Coverage
A private employer with 15 or more employees at one jobsite within the state.
Employee Eligibility
Employees with employment at the same employer for at least 12 consecutive months.
Note: For school employees, the employee need only work 900 hours in the previous 12-months.
Qualifying Absence Reasons and Leave Duration
An employee may take leave for a maximum of 10 weeks in any 2 year period.
Family Leave
Adoption/Foster: placement of a child under 16
Bonding: birth of a child or domestic partner’s child
Family Health Condition: Care for a family member with a serious health condition
Medical Care
Employee Health Condition: Care of employee’s serious health condition
Pregnancy/Maternity: Birth of a child (the law does not elaborate on conditions)
Organ Donation: Employee donating organ for a human organ transplant
Military
Bereavement of a Servicemember: a servicemember dies during active duty in the U.S. Armed Forces or state military
Care of a Servicemember: Care for a servicemember with a serious health condition received while on active duty
Qualifying Family Member
Child* (biological, adoptive, domestic partner’s child, grandchild)
Parent
Spouse
Domestic Partner
Sibling**
*Child must be under 16 for adoption placement
**Sibling must live with employee and share financial responsibilities1
Military leave reasons are limited to spouse, domestic partner, parent, sibling or child - does not include grandchild.
How Leave Can be Taken
Employees may take leave consecutively, intermittently, or reduced schedule for any qualifying reason.
Consecutive leave: A continuous, uninterrupted period of leave taken for a single qualifying reason.
Intermittent leave: Leave taken in separate, sometimes unpredictable, blocks of time (either hours, days or weeks) between the start and end dates of leave. Bonding or placement of a child may be taken intermittently if the employer agrees.
Reduced schedule: A reduction to the employees’ work schedule that results in either fewer hours per day or fewer days per week. A reduced schedule is consistent from one week to the next. Bonding or placement of a child may be taken on a reduced schedule if the employer agrees.
Note: For reasons other than bonding or military leave reasons, an employer may choose to temporarily transfer an employee who requests intermittent or reduced schedule leave to an alternative position with same benefits and pay that better accommodates the leave schedule. 2
Certification Requirements
Employers may request certification from a healthcare provider to verify the amount of leave. If the employee uses more holistic approaches to healthcare such as spiritual or religious means, the employee may submit the healing methods proposed by an accredited practitioner.
The regulations do not have a timeframe as to when the documentation must be returned. Employers will want to consult internally on their organization’s approach.
Pay and Benefits
Where state pay benefits are involved with other law interactions, such as state mandated paid sick leave, employers will want to consider where PTO/employer pay benefit application should occur.
Use of Paid Time Off (PTO)
The regulations indicate employees should retain their accrued benefits that were available before the leave starts3. Employers will want to consult internally on the best approach for their organization.
Job Protection
Employees who exercises their rights under the law are entitled to return to the position they left prior to leave or an equivalent position with the same seniority, benefits, pay, and conditions or terms of employment.
Employers do not have to return an employee back to the position if there are reasons outside or unrelated to the leave the employee’s leave rights.
Other Protections
An employee shall not be disciplined, expelled, discharged, suspended, restrained, interfered with, denied their rights, or any other way discriminate against for exercising their rights under the law.
Employees are also protected should the employee oppose an unlawful employer practice relating to the law.
Benefits
Employers should allow employee’s benefits to continue at the employee’s expense. The regulations do allow an employer and employee to agree to an arrangement of the employer bearing the all the expense of employee benefits.
Interaction with Other Laws
Where an employee meets the definition of family member, qualifying absence reason, or serious health condition, the state and federal laws may interact. Accommodations that are not leave related, would not run concurrently with other state or federal leave laws.
Family and Medical Leave Act (FMLA)
FMLA may run concurrently with MEFML.
Maine Paid Leave (MEPL)
MEPL may run concurrently with MEFML.
Employee and Employer Responsibilities
Employee Responsibilities
Notify employer with the anticipated start and end date of leave at least 30 days' in advance of leave start date unless emergency situation prevents early notification;
Determine if use of PTO accruals will be used if applicable under employer policies;
Provide documentation when requested;
Follow employer policies and procedures for time off reporting.
Employer Responsibilities
There are no posting or required notices for this law;
Determine certification templates and timeframes;
Review employer practices regarding use of PTO/accrued benefits, and transfer to alternative position protocols for intermittent/reduced schedule leaves; and
Create verification documents or procedures relating to care of sibling, if applicable to organization;
Resources
Maine Legislation: https://www.mainelegislature.org/legis/statutes/26/title26sec843.html
1 Me. Rev. Stat. tit. 26, §843 (8)
2 Me. Rev. Stat. tit. 26, §844 (3)(B)
3 Me. Rev. Stat. tit. 26, §845 (1)