Sick Leave for Maine Employees: What You Need to Know in 2025

Post by TCWGlobal
March 31, 2025

8:18

Let me paint a picture of Maine's sick leave landscape that's as distinct as our rugged coastline:

Ever woken up in Portland with a cold that makes the lighthouse fog seem even thicker, or caught the flu while working in Bangor that not even a steaming bowl of chowdah could fix? Well, here's something as welcome as a warm summer day on the beach: Maine has one of the more comprehensive paid leave laws in New England.

Here's what makes Maine's approach special: Like our reputation for independence, we've charted our own course. Since 2021, Maine has required most employers to provide paid leave that employees can use for any reason - something as rare as a moose sighting in downtown Augusta. Whether you're serving tourists in Bar Harbor, working in the paper mills of Rumford, or tech companies in the Old Port, you're likely covered.

Think of Maine's leave policy like our famous tide pools - there's more to it than meets the eye. Employers with more than 10 employees must provide one hour of paid leave for every 40 hours worked, up to 40 hours annually. And like our sturdy lighthouses, these protections stand firm regardless of the weather.

Maine is one of the few states that mandates paid leave for employees through the Earned Paid Leave (EPL) Law, which came into effect on January 1, 2021. This law allows employees to accrue paid leave that can be used for any purpose, including sick leave.

Here's a comprehensive guide to sick leave for Maine employees in 2025.

Does Maine Require Paid Sick Leave?

Yes, Maine’s Earned Paid Leave (EPL) Law ensures that employees working for businesses with 10 or more employees accrue paid leave that can be used for any purpose, including personal or family illness. This law provides broad flexibility and supports employees’ ability to manage health and other personal needs.

How Earned Paid Leave Works in Maine

Who Is Covered?

Applies to private-sector employers with 10 or more employees in the usual course of business.
Employers with fewer than 10 employees are not required to provide paid leave under this law.
Seasonal and agricultural workers are excluded from coverage.

Accrual and Usage

Employees accrue 1 hour of paid leave for every 40 hours worked, up to a maximum of 40 hours per year.
Accrual begins on the first day of employment, but employers can require employees to wait 120 days before using their earned leave.
Employers may choose to frontload the full 40 hours at the start of the year.

Permitted Uses

Earned paid leave in Maine can be used for any purpose, including:

Personal illness, injury, or medical appointments.
Caring for a sick family member.
Personal errands, emergencies, or vacations.

Maine Family and Medical Leave Act (FMLA)

In addition to the EPL law, employees in Maine may qualify for unpaid, job-protected leave under the Maine Family and Medical Leave Act (FMLA) or the federal Family and Medical Leave Act (FMLA).

Key Features of the Maine FMLA

Coverage: Applies to employers with 15 or more employees.
Eligibility: Employees must have worked for at least 12 consecutive months.
Leave Benefits: Provides up to 10 weeks of unpaid, job-protected leave in a two-year period.

Qualifying reasons for Maine FMLA include:

Serious health conditions affecting the employee or a family member.
Birth, adoption, or foster placement of a child.
Certain military caregiving needs.

Employer Responsibilities Under EPL

Employers in Maine must:

Provide Notice: Inform employees of their rights under the EPL law through written policies or workplace postings.
Track Leave Accrual: Maintain accurate records of employees’ earned and used leave.
Prohibit Retaliation: Employers cannot retaliate against employees for using earned leave.

Failure to comply with EPL requirements may result in penalties and fines.

Carryover and Payout of Earned Paid Leave

Carryover Rules: Unused paid leave can roll over to the following year, but employers may limit annual usage to 40 hours.
Payout at Termination: Employers are not required to pay out unused earned paid leave unless their policy explicitly states otherwise.

Public-Sector Employees in Maine

Public-sector employees, including state and municipal workers, are typically covered under separate policies that may offer additional sick leave benefits. Public employees should consult their agency’s policies or collective bargaining agreements for details.

FAQs About Sick Leave in Maine

Q: Can an employer require a doctor’s note?

A: Employers may request reasonable documentation for absences exceeding three consecutive days, but they cannot require employees to disclose the specific reason for using leave under the EPL law.

Q: Are part-time employees eligible for earned paid leave?

A: Yes. All employees, regardless of part-time or full-time status, are eligible for earned paid leave as long as they work for a covered employer.

Q: What happens if an employer doesn’t comply with the law?

A: Employees can file complaints with the Maine Department of Labor, which enforces compliance with the Earned Paid Leave law.

Common Misconceptions About Sick Leave in Maine

“Earned paid leave is only for sick leave.”

False. The EPL law allows employees to use their paid leave for any purpose, including personal, medical, or recreational needs.

“Employers must pay out unused earned leave when an employee leaves.”

False. Employers are not required to pay out unused leave unless their policy specifies this.

“Employers can deny requests for earned paid leave.”

False. Employers must allow employees to use accrued leave as long as they provide reasonable notice, except in emergencies.

Why Sick Leave Matters

Maine’s Earned Paid Leave law provides employees with financial security and the flexibility to manage their health and personal needs without fear of losing income. For employers, offering earned paid leave fosters a healthier, more productive workforce and improves employee satisfaction.

Final Thoughts

In Maine, the Earned Paid Leave Law ensures that most employees have access to paid leave for health or other personal needs. Public-sector workers and those eligible for Maine or federal FMLA may have additional protections. Both employers and employees should understand their rights and responsibilities under these laws to ensure compliance and maximize benefits.

For more information, visit the Maine Department of Labor or consult your employer’s handbook. Public employees should contact their HR department for details about available leave benefits.

Next Steps

Understanding your leave rights in Maine can feel like navigating the fog off the coast - it helps to have a good compass. Whether you're an employee trying to understand your benefits or an employer looking to create supportive policies, staying informed is crucial.

If you're a business looking to navigate Maine's employment landscape while expanding your workforce, consider partnering with an Employer of Record (EOR) service. They can help manage your HR compliance, payroll, and benefits administration while you focus on growing your business. Learn more about EOR services and how they can simplify your employment needs at TCW Global's EOR solutions.

Remember, Maine's paid leave law reflects our state's commitment to both workers and businesses - as practical as L.L.Bean boots in a nor'easter. Like our state motto "Dirigo" (I Lead), we're showing how taking care of workers leads to stronger businesses.

Need specific guidance? Consider consulting with your HR department, reviewing your employee handbook, or speaking with an employment law professional who understands Maine's unique business environment.

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