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How does Maine Family and Medical Leave (ME FMLA) work?

Your guide to unpaid, job-protected leave under ME FMLA

 

Quick answer
 ME FMLA applies to private employers with 15+ employees at one location in Maine, the state of Maine (any number of employees), or a city, town, or municipal agency with 25+ employees. Eligible employees can receive up to 10 workweeks of unpaid, job- and benefit-protected leave in a 2-year period for reasons including their own serious health condition, caring for a family member, bonding with a new child, organ donation, or the death/serious health condition of a military family member.

Who this applies to / Prerequisites

  • Employees must have worked for the same employer for at least 12 consecutive months prior to leave and be employed at a site in Maine with 15+ employees.
  • Employees of a school administrative unit need only have worked 900 hours in the previous 12 months to be eligible.
  • Independent contractors are not eligible.

Key facts

  1. ME FMLA provides up to 10 workweeks of unpaid, job- and benefit-protected leave in a 2-year period (measured forward from the first date of leave) for: the employee's own serious health condition (including pregnancy); caring for a family member with a serious health condition (including pregnancy); the birth of the employee's or their domestic partner's child, and bonding with that child; the placement of a child age 16 or younger for adoption (with the employee or their domestic partner); organ donation; or the death or serious health condition of a family member serving in the state military forces or US armed forces that occurred while on active duty.
  2. ME FMLA defines "family member" as a child, domestic partner's child, grandchild, domestic partner's grandchild, parent, domestic partner, sibling (jointly responsible for mutual welfare through joint living and financial arrangements), or spouse. For the military-related qualifying event specifically, "family member" is defined more narrowly as a spouse, domestic partner, parent, sibling (same joint-responsibility standard), or child.
  3. Bonding leave can only be used intermittently if both the employer and employee agree.
  4. Employees should provide 30 days' notice before using leave, unless prevented by a medical emergency.
  5. ME FMLA runs concurrently with federal FMLA and ME PFML when applicable.

What if it doesn't work

  • I work for a school administrative unit and I'm not sure if I qualify: You need only 900 hours worked in the previous 12 months, rather than 12 months of tenure — contact your Leave Success Manager to confirm.
  • I need intermittent bonding leave but my employer hasn't agreed: Bonding leave can only be intermittent by mutual agreement — contact your Leave Success Manager for guidance.
  • If none of these apply, contact your Leave Success Manager (employees) or Customer Success Manager (HR teams).

Limits and exceptions

  • ME FMLA leave is unpaid.
  • Independent contractors are not eligible for ME FMLA.
  • Bonding leave requires mutual agreement to be taken intermittently.
  • The 30-day notice requirement can be waived only if a medical emergency prevents the employee from giving notice.

Related questions

  • How does Maine Paid Family and Medical Leave (ME PFML) work?
  • What other Maine leave laws does Tilt support?