Legislative lowdown: Maine opens applications for paid leave program

Workers in Maine can now apply to take time off through the state’s Paid Family and Medical Leave Program.

The Maine Department of Labor (MDOL) opened applications for the PFML program on Mar. 30, and will begin paying out benefits on May 1. Maine’s PFML program, which took effect on Jan. 1, grants most workers in the state up to 12 weeks of paid leave for events including the birth of a child, recovering from a serious medical condition, or taking care of a loved one with a serious health condition.

“This program represents a major step forward for Maine’s workers, families, and businesses,” Laura Fortman, the MDOL’s commissioner, said in a statement.

Who’s eligible for Maine PFML? Almost all employees who earn wages in Maine are covered by the PFML law save for a few exceptions, such as those who are employed by the federal government. Self-employed individuals may take leave through the program if they opt into it.

The MDOL directs workers to give employers at least 30 days’ notice if they intend to take leave, or notify them as soon as possible in case of an emergency. Eligible workers can submit applications up to 60 days in advance through a portal managed by Aflac, which is administering the state program.

Payments to eligible workers will be made on a sliding scale basis, based on how their earnings compare to the state’s average weekly wage.

Maine employer obligations. Workers and employers have been paying into the Maine PFML program since January of last year through a 1% payroll deduction, split evenly between the two parties. Employers with 15 or fewer workers are only subject to a 0.5% contribution, which can be withheld entirely from workers’ paychecks.

Employers that already offer PFML benefits that are “substantially equivalent” to the state requirement may be exempt from contributing to the state fund, though they still have certain reporting obligations under the law.

Maine’s PFML program, which was first passed in 2023, has experienced some challenges along the way. A Bath-based iron works business sued the MDOL last year, alleging they shouldn’t be subject to contribute to the state program while they waited on a possible exemption due to a private plan. The Maine Supreme Court sided with the MDOL, allowing the program to stand.

Maine is one of 14 states that has enacted a paid family and medical leave law. The federal Family and Medical Leave Act allows workers to take leave for similar reasons, but it is unpaid.