Leave of Absence Tool – Employers Covered by Maine FMLRA
Assess whether your employee is entitled to a family or medical leave of absence, paid family sick leave, or leave in connection with domestic violence under Maine law.
I. Eligibility for Family / Medical Leave
- Are you a private employer with fifteen (15) or more employees at one location in the State of Maine?
- Has the employee seeking leave worked for you for twelve (12) consecutive months?
- Is the employee employed at a permanent work site with fifteen (15) or more employees?
- Is the employee requesting leave for one of the following reasons, as defined in the statute?
- Employee’s serious health condition;
- Birth of the employee’s child or the employee’s domestic partner’s child;
- Placement of a child over 16 years of age or less with the employee in connection with adoption by the employee or the employee’s domestic partner;
- Serious health condition of the employee’s parent, child, sibling , spouse / domestic partner, or domestic partner’s child;
- Organ donation by the employee;
- For the employee’s spouse, domestic partner, sibling, parent or child if the individual dies or incurs a serious health condition while on active duty with the National Guard or United States Armed Forces.
- Has the employee provided 30 days’ notice of need for leave, unless prevented by medical emergency?
If you answered “yes” to each of the foregoing questions, the employee is likely eligible for leave under the Maine Family and Medical Leave Requirements Act, which provides that employees are entitled to take up to 10 weeks of unpaid family or medical leave in any two-year period.
II. Eligibility for Paid Family Sick Leave
- Are you an employer (public or private) with twenty-five (25) or more employees?
- Do you provide paid leave (vacation, PTO, compensatory time, earned time, or sick time) to employees?
- Does the employee seek time off to care for the employee’s child, spouse, or parent who is ill?
If you answered “yes” to the foregoing questions, you must allow the employee to use paid leave to care for the ill immediate family member. By adopting an express policy, employers may limit the amount of accrued paid leave that may be taken for this purpose to no fewer than 40 hours in a 12 month period.
III. Domestic Violence Leave
- Does the employee need leave because the employee or the employee’s child, parent, or spouse is a victim of domestic violence, assault, sexual assault, stalking, or some similar violent act?
- Does the employee seek leave for any of the following reasons:
- To prepare for and attend court proceedings;
- To receive medical treatment or attend to medical treatment for a victim who is the employee’s child, parent, or spouse; or
- To obtain necessary services to remedy a crisis caused by domestic violence, sexual assault, or stalking.
- Would providing the leave be an undue hardship?
- Was the request for leave made within a reasonable time under the circumstances?
If you answered “yes” to the foregoing questions, the employee is likely entitled to leave under Maine law.