As of May 1, employee benefits will take full effect under Maine’s expansive new Paid Family and Medical Leave (PFML) program.

NFIB opposed the law that was enacted by a close vote in 2023, and State Director David Clough will continue to press for changes that make the law more workable for small employers. Additionally, NFIB has partnered with state PFML officials on educational webinars and will continue to pursue future opportunities to inform small employers about the law and leave-taking process.

Under the new regime, employers will need to accommodate employee absences as short as 1 workday or as long as 12 weeks during a benefit year, regardless of how long the worker has been with the employer and regardless of whether the worker is full time, part time, or some other employee status.

Intermittent leave:  Leave may be taken for less than 12 consecutive weeks, including just 1 workday at a time. Employers may agree to allow an employee to take leave for a partial workday, but it must be more than a one-hour increment. Intermittent leave can be taken multiple times and for different qualifying reasons.

Job and status protection:  Employers are required to protect the job of leave-taking employees who have been with the employer for at least 120 days.  As stated in frequently asked questions (FAQs) issued by the state PFML bureau: “your employer has to restore you to the position you had when you went out of work. They could restore you to a different position, but only if it has equivalent pay, benefits, and conditions.”

Retaliation prohibited: The FAQs also advise: “No matter what, your employer is not allowed to retaliate against you for taking approved leave.”

In a nutshell, the PFML law is sweeping in scope and fundamentally alters staffing dynamics in workplaces of all sizes. State officials urge employers to contact the PFML helpline or go to the paid leave website for information and answers to your questions.

Employers may also call 8 a.m. to 5 p.m. Monday-Friday for answers to their questions: (207) 621-5024

More information on the PFML law and guidance is available here: www.maine.gov/paidleave/index.shtml