Employees in Maine have a new leave law on its way: Maine’s Paid Family and Medical Leave program, which they can access beginning May 1, 2026. For Maine employers, this introduces some new considerations, such as having to make payroll contributions to the state’s Paid Family and Medical Leave (PFML) Fund as of January 1, 2025.
But how does Maine’s new law intersect with the federal Family and Medical Leave Act (FMLA) — and does anything change when the new state law comes into effect? Can an employee qualify for federal FMLA leave and Maine’s leave law at the same time?
Here’s what you need to know about PFML vs. FMLA in Maine and how to use a leave management platform to keep up with leave laws and ensure HR compliance.
Employees in Maine are covered by the Family and Medical Leave Act (FMLA), as they are in any other state. But not all employees are eligible for FMLA leave. To qualify, they must work for a “covered employer” as defined by the U.S. Department of Labor (DOL):
If they work for a covered employer and meet the other eligibility criteria, they can take up to 12 weeks of unpaid leave in a 12-month period for any of the following reasons:
FMLA leave is job-protected, which means the employee must be allowed to return to work in the same role or an equivalent position. They also have the right to keep their health insurance as long as they continue to pay their share of the premiums.
Maine’s new family and medical leave law was established in 2023, with implementation in 2025 and 2026. According to the Maine Department of Labor, employees can take up to 12 workweeks of leave in a 12-month period for many of the same qualifying reasons as FMLA leave. The key difference? Maine’s new law provides for paid leave.
As of January 1, 2025, employees were required to start making payroll contributions to fund the paid leave program. Employers with 15 or more employees must contribute 1% of an employee’s wages, no more than half of which can be deducted from the employee’s paycheck. Employers with fewer than 15 employees must contribute .05% and can deduct the entire amount from the employee’s paycheck.
Both full-time and part-time employees are eligible for paid leave in Maine, as long as they’ve earned six times the State Average Weekly Wage (SAWW) in Maine during their Base Period. As of 2025, the minimum base period earnings is $7,194.. Employees on leave will receive a weekly benefit amount based on their wages, up to a cap determined by the SAWW ($1,199 as of 2025.)
Maine’s new leave law doesn’t replace or supersede FMLA’s family and medical leave requirements — in fact, the two laws complement each other. If an employee is eligible for leave under both laws, they apply concurrently; if they only qualify for one type of leave, they can use any remaining leave under the other law at a later date.
Here are three differences between PFML and FMLA that Maine employers need to be aware of.
The main difference between PFML and FMLA is that Maine’s law provides paid leave and federal law does not. Eligible employees can take up to 12 weeks of paid time off under PFML, compared to 12 weeks of unpaid leave under FMLA.
Both laws require the employer to review the employee’s leave request in good faith, but only PFML allows the employer to deny it on the basis of “undue hardship.”
The federal Family and Medical Leave Act doesn’t pertain to employers with fewer than 50 employees; PFML applies to nearly all employees in Maine. The main exception is for federal employees, who aren’t covered by it. Self-employed workers and tribal governments aren’t covered by default but can opt in to the program.
Maine employers with a remote work policy may want to seek legal advice, since an employee’s eligibility may be determined by their base of operations or residence.
Employers may choose to provide a private plan in lieu of the paid leave program, as long as it’s “substantially equivalent.”
Maine’s new law includes a provision for Safe Leave, which employees can use to keep themselves or a family member safe from domestic violence.
PFML also has a broader definition of family member: Employees can take time off to care for a sibling, grandparent, domestic partner, or anyone with whom they have a “significant personal bond,” even if they aren’t legally related.
Under FMLA, this is typically restricted to the employee’s child, spouse, or parents.
Employees in Maine may be eligible for leave under state law, federal law, or both. As an employer in Maine, it’s your responsibility to know which leave laws apply in each case. Using a leave management platform like Pulpstream can take the stress out of leave management and help you comply with your legal obligations in Maine.
Here are three things you’ll need to keep track of to meet your obligations.
As of January 1, 2025, Maine employers need to calculate PFML premiums and submit them to the PFML Fund. You’ll also need to include information about the deduction on your employees’ pay statement and give them seven days’ notice of any changes.
Use the Maine Department of Labor’s contributions portal to register and manage your account. Self-employed workers can also opt in to the program here.
Some types of leave, such as medical leave or family leave, may require documentation as evidence of an employee’s medical condition or need for continuing treatment. The employee may need to obtain a medical certification from their healthcare provider to demonstrate their eligibility for leave.
Pulpstream’s cloud-based platform helps you comply with FMLA confidentiality rules by providing a self-service portal employees can use to upload documents. You can also use it to track an employee’s fitness for duty when they’re ready to return to work.
Leave of absence tracking is a key element of leave management — and is especially important in cases of intermittent leave. An employee doesn’t have to use 12 weeks of leave over consecutive months. It can be spread out over a 12-month period.
For example, if the employee’s spouse has a chronic condition, the employee may only need to care for them on certain days of the week.
Use Pulpstream to track intermittent FMLA leave and ensure that employees have fair access to their leave balance without exceeding their legal entitlement.
Maine’s family and medical leave requirements give employees broad protections under state law, including access to paid leave benefits as of May 1, 2026. The federal Family and Medical Leave Act (FMLA) will still apply, coexisting alongside Maine’s leave law, and providing unpaid leave and job protection to eligible employees.
Navigating your obligations under state and federal law can be a challenge in any state with a paid leave program. Pulpstream makes it easy with a cloud-based platform that can automatically assess eligibility under multiple leave laws. Use it to field incoming requests, store documentation securely, and track remaining leave balances.
Get a demo today and see how it can help!