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Maine

Verified March 2026

Maine Paid Family and Medical Leave

26 M.R.S. §§ 850-A to 850-J

Paid LeaveMental Health Parity12 weeks
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Overview

Maine's Paid Family and Medical Leave program (LD 1964, codified at Title 26, §§ 850-A through 850-R) provides eligible workers with up to 12 weeks of paid leave for their own serious health condition, to care for a family member, to bond with a new child, for organ donation, for safe leave related to domestic violence or sexual assault, or for qualifying military needs. Applications are now open at maine.gov/paidleave. Benefits begin May 1, 2026 (payroll contributions began January 1, 2025).

The program covers virtually all Maine workers, regardless of employer size. Eligibility is based on having earned sufficient wages during the base period. Benefits are calculated at 90% of wages up to 50% of the state average weekly wage, plus 66% of earnings above that threshold. The maximum weekly benefit as of May 1, 2026 is $1,198.84. There is a 7-day waiting period for medical leave only (not for family or safe leave). The program is funded through employee payroll contributions, with employers of 15 or more employees also contributing.

Job protection requires that the employee has worked for their employer for at least 120 consecutive days before leave begins. Eligible workers are entitled to reinstatement to the same or equivalent position upon return. All workers are protected from retaliation for exercising PFML rights regardless of tenure. Your employer must maintain your health insurance during paid leave on the same terms as if you were still working. The program is administered by Aflac as the state's third-party administrator, with oversight by the Maine Department of Labor.

Covered family members include your child, parent, grandparent, grandchild, sibling, spouse or domestic partner, and any individual with whom you have a significant personal bond that is or is like a family relationship (affinity relationship). The program is funded at 1% of wages for employers with 15+ employees (split 50/50 between employer and employee) and 0.5% for employers with fewer than 15 (fully employee-paid; employer exempt from their share).

Maine provides exceptionally strong anti-discrimination protections through the Maine Human Rights Act (MHRA), which prohibits disability discrimination, including mental health conditions, for employers with 1 or more employees. This is one of the broadest coverage thresholds in the nation. The Maine Human Rights Commission investigates complaints. Maine also requires mental health parity in insurance coverage.

Eligibility

Employer Size

1+ employees

Leave Duration

12 weeks

Paid Leave

Yes

Compared to Federal FMLA
Paid leave covering nearly all workers. MHRA covers all employers. Broad mental health condition protections.

Additional Protections

Maine Human Rights Act (MHRA)

Prohibits employment discrimination based on disability, including mental health conditions. Covers all employers with 1 or more employees, one of the broadest thresholds in the nation. Requires reasonable accommodations.

5 M.R.S. § 4572

Maine Family Medical Leave Act

Provides up to 10 weeks of unpaid, job-protected leave in a 2-year period for employees of employers with 15 or more employees at one site. Covers serious health conditions, caregiving, and bonding.

26 M.R.S. § 843 et seq.

Earned Paid Leave

Requires employers with 11 or more employees to provide 1 hour of paid leave for every 40 hours worked, up to 40 hours per year. Can be used for any reason including mental health needs.

26 M.R.S. § 637

Mental Health Parity

Maine requires insurance plans to cover mental health and substance use disorder services at parity with medical and surgical benefits.

24-A M.R.S. § 2843

How to Exercise Your Rights

1. Notify Your Employer

  • Provide your employer with 30 days' advance notice if the leave is foreseeable.
  • For unexpected events, provide notice as soon as practicable.
  • Your employer may request documentation supporting the need for leave.

2. File a Paid Leave Claim

  • Applications are now open. Visit maine.gov/paidleave to file your claim. Benefits begin May 1, 2026.
  • Select the type of leave (medical, family, bonding, safe leave, organ donation, or military).
  • Your healthcare provider must complete a certification form for medical leave.
  • The program is administered by Aflac on behalf of the state. The Department of Labor provides oversight.

3. File a Discrimination Complaint

  • Visit the Maine Human Rights Commission website.
  • File within 300 days of the discriminatory act.
  • Complete the complaint form detailing the discrimination or retaliation related to your leave or disability.

Important Deadlines

  • 30 days - Advance notice required for foreseeable paid leave
  • As soon as possible - File your paid leave claim promptly when leave begins to avoid gaps in benefit payments
  • 300 days - Deadline to file a discrimination complaint with the Maine Human Rights Commission
  • 300 days - Deadline to file a charge with the federal EEOC

Official Resources

Full Statute Text

Read the complete text of the law

Maine Department of Labor - Paid Leave

Administers Maine's paid family and medical leave program. Access information about filing claims, eligibility, and benefits.

207-623-7900

Maine Human Rights Commission

Enforces the Maine Human Rights Act. Handles employment discrimination complaints including disability and mental health discrimination.

207-624-6290

Maine Department of Health and Human Services - Behavioral Health

Provides mental health and substance use disorder resources and services for Maine residents.

207-624-7900

Frequently Asked Questions

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