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Maine PFML Insurance

Benefits are scheduled to begin May 1, 2026

What is Maine Paid Family and Medical Leave?

Maine Paid Family and Medical Leave, Maine’s version of a state-mandated Paid Family & Medical Leave (PFML) program, provides partial income replacement during job-protected leave for covered employees to care for a qualified family member or their own qualifying medical condition. Please note, job protection upon return from leave becomes effective once an employee has worked for their employer for at least 120 consecutive calendar days.

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What Can Maine Paid Family and Medical Leave Be Used For?

Maine Paid Family and Medical Leave allows employees to take paid time off for critical life events that impact their own health or the health of a family member, as well as leave for bonding and military deployments. These leave types, also called qualifying events, are:

CARE FOR SOMEONE ELSE SELF-CARE

Bonding Leave icon

Bonding

Caregiver Leave icon

Family Caregiving

Military Exigency Leave icon

Military Deployment

Safe Leave icon

Safe Leave

Self-Care icon

Medical Leave

Self-Care icon

Safe Leave

Bonding with a new child (birth, adoption, or foster care placement)


Caring for a family member with a serious health condition


For emergencies related to military deployment (qualifying exigency)

To help a family member stay safe after abuse or violence

To care for one’s own medical needs To stay safe after abuse or violence

ME Paid Family & Medical Leave Maximum
Benefit Duration

Family Leave icon

Family Leave

For:
Bonding
Family Caregiving
Military Deployment
Safe Leave*

Up to12  WEEKS

*Whether taken for the employee's benefit or for a family member.

Family Leave icon

Medical Leave

Up to12  WEEKS**

**Includes 1-week unpaid waiting period


 

Maine Paid Family and Medical Leave provides up to 12 weeks of combined leave in a 12-month period. For example, if an employee takes 2 weeks of medical leave in the first month of their benefit year, they have 10 weeks left for the remainder of the year across any of the leave types.

Benefit increments are in full days whether an employee takes leave continuously or on an intermittent basis. However, as long as the employee and employer agree to it in writing, intermittent leave can be taken in increments as short as an hour.



What Is the Weekly Benefit Amount?

The weekly benefit amount is determined by a tiered system based on an employee’s average weekly wage (AWW) and is calculated as follows:

  • If the employee’s average weekly wage (“AWW”) is 50% or less of the State Average Weekly Wage (“SAWW”), benefits pay 90% of their AWW.
  • If the employee’s average weekly wage is greater than 50% of the SAWW, benefits pay:
    • 90% of the portion of their AWW that is 50% of the SAWW,
    • + 66% of the portion of their AWW that exceeds 50% of the SAWW,
    • The benefit is capped at the maximum weekly benefit amount, which equals the State Average Weekly Wage (SAWW)*.

For the current maximum weekly benefit amounts, please check here.

* Please note: Maine’s SAWW gets adjusted annually on July 1st and remains in effect for benefit calculation purposes through June 30 of the following calendar year.

 

Which Types of Employers Have to Provide Maine Paid Family and Medical Leave?

Maine Paid Family and Medical Leave is a required benefit that all private or public employers with at least 1 employee working in Maine must provide their Maine employees, regardless of the employer’s industry or payroll size.

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Limited exceptions include:
  • tribal governments (unless they opt in for coverage),
  • self-employed individuals (unless they opt-in for coverage), and
  • the federal government and federal entities, like the United States Postal Service.
Other exceptions include:
  • Any employee subject to the Railroad Unemployment Insurance Act.
  • Incarcerated persons earning wages in a correctional facility or detention center in Maine.
  • Students that are earning wages as part of the federal work-study program and are enrolled in a university, community college, or any other public or private higher educational institution in the State of Maine.
  • Certain individuals who volunteer for an employer or governmental agency.

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Who Is Covered?

To be eligible for Maine PFML coverage, employees (including part-time employees) must have earned wages in Maine at least 6 times the state average weekly wage (6x SAWW) during their base period, which is defined as the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an employee’s benefit year. All employees located in Maine who meet the earnings requirement are covered by Maine PFML, unless they work for an employer who falls into one of the very limited exceptions described above.

Where do employees need to be located to be covered by Maine Paid Family and Medical Leave?

Maine uses the following 4-factor localization test, taken in sequence, to determine whether an employee is considered to be a Maine employee for the purposes of the Maine Paid Family and Medical Leave law:

Place Where Work Is Performed:
Does the employee perform all work in Maine? This includes work performed outside of Maine if it is considered “incidental” (i.e., temporary or minor in nature) to their Maine employment.
If Yes Maine law applies to the employee
If No continue to next factor
Base of Operations:
If the employee performs work in Maine and in other states, is the base of operations in Maine? The base of operations is the primary location from which the employee starts work and returns regularly.
If Yes Maine law applies to the employee
If No continue to next factor
Place from Which Service Is Directed or Controlled:
If the employee performs some work in Maine but the base of operations is not located in Maine, is the employee’s service directed or controlled from Maine? This refers to the place of general authority rather than direct supervision.
If Yes Maine law applies to the employee
If No continue to next factor

Place of Residence:
If none of the above criteria apply and the employee performs some work in Maine and other states, does the employee reside in Maine?
If Yes Maine law applies to the employee
If No The individual is not a Maine employee and the ME PFML law does not apply to the employee.

    

How Much Does the Maine Paid Family and Medical Leave State Plan Cost?

The premium rate is generally structured as a percentage of an employee’s covered wages (i.e., remuneration for services performed in the State or wages which are otherwise subject to Maine unemployment tax) up to the Social Security cap. Premiums vary based on employer size. While Maine’s Department of Labor sets the premium rate for the State Plan, Private Plans set their own premium rate. Please click here for the current cost of coverage through the State Plan.


How are contributions split for the Maine PFML State Plan?

Employers with 15+ Maine employees:
 

Employers with 15 or more Maine employees are responsible for ensuring that 100% of premium owed for an employee is remitted to the state each quarter.

Employers may withhold up to 50% of the premium required for an employee from the employee’s wages.

By default, the State Plan defaults to an even 50-50 contribution split between the employee and the employer.

The employer may choose to pay for some or all of the employee’s contribution share of the premiums by deducting less than 50% of the premium from the employee’s wages; however, an employer’s determination as to whether or not to deduct premiums from employees’ wages must apply to all employees.

Small employers with fewer than 15
Maine employees:

Employers with fewer than 15 Maine employees are only responsible for ensuring that 50% of premium owed for an employee is remitted to the state each quarter.

Employers may still withhold some or all of that 50% of the premium required for an employee from the employee’s wages.

The net effect is that these smaller employers are not required to contribute towards the premium. Of course, the employer may still choose to pay for some or all of the employee’s contribution share of the premiums by deducting less than 50% of the premium from the employee’s wages; however, an employer’s determination as to whether or not to deduct premiums from employees’ wages must still apply to all employees.

Self-employed individuals who opt in to coverage are only responsible for the 50% premium rate.

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A note on Private Plans:

A Private Plan cannot cost employees more than the State Plan, which means that an employer with a Private Plan cannot withhold more than the maximum employee contribution set by the State.

Are contributions required for employees who live in Maine but work entirely in an out-of-state location?

No, contributions are not required for employees who don’t perform any work in Maine since they are not eligible for coverage.

Are contributions required for employees who live out-of-state and work entirely in Maine?

Yes, contributions are required for these employees since they are covered according to the localization test described above.



Do Employers Have to Provide Coverage Through the Maine Paid Family and Medical Leave State Plan?

Maine employers have the option to provide the required PFML coverage through the State Plan or an approved Private Plan. An approved Private Plan can be either self-insured by an employer or fully insured through an approved insurance carrier in which coverage is provided in the form of a Paid Family & Medical Leave (PFML) insurance policy. A fully insured, approved Private Plan is an alternative to the State Plan that at least meets or exceeds the rights, protections, and benefits of the State Plan.

What are the advantages of a Private Plan?

Private carriers have built the experience, scalability, and agility to manage Paid Family & Medical Leave coverage and have the resources to expand and enhance capabilities continuously to provide smooth customer services from onboarding to claims.

 

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What Obligations Do Employers Have under Maine PFML?

Some of the most important employer obligations with respect to the Maine PFML law include:
  • Display and maintain a poster in a highly visible place that’s accessible to employees at each of the employer’s places of business. The employer must post the notice in English and in each other language that is the primary language of at least 3 employees of that workplace, as long as such a workplace notice is available in that particular language from the Maine Department of Labor.
  • Issue written information in the employee's primary language (as provided or approved by the Maine Department of Labor) within 30 days of employment.
  • Submit wage reports every quarter through the Maine Paid Leave Portal, regardless of whether they have a Private Plan or provide coverage through the State Plan.
  • Restore job-protected employees (i.e., those who have worked for the employer for at least 120 days) returning from Maine PFML to the same position (i.e., the position they held when starting their leave) or to a position with equivalent benefits, pay, and other terms and conditions of employment.
  • Continue providing all employment-related health insurance benefits to an employee and their dependents while the employee is out on leave under the same conditions that applied before the leave.

This is not meant to be a comprehensive list and is only intended to illustrate that there are many obligations that employers have related to the Maine PFML law and its implementing regulations. Employers should always consult with an appropriate professional to ensure their full and proper compliance with all Maine PFML obligations.

Maine Paid Family and Medical Leave Frequently Asked Questions

Is Maine Paid Family and Medical Leave mandatory?

Yes, Maine Paid Family and Medical Leave is a required benefit that all private or public employers with at least 1 employee working in Maine must provide their Maine employees. Please see limited exceptions here.

What is the difference between Maine Paid Family and Medical Leave and short-term disability?

Short-term disability (“STD”) typically refers to a voluntary insurance product that provides certain income-replacement benefits for an employee’s own health condition. STD is separate and distinct from Maine PFML, which is a state-mandated benefit for employers to provide their Maine employees with up to 12 weeks of paid leave for a broader set of qualifying reasons, including parental leave, family caregiving leave, leave for a qualified exigency related to a military deployment, safe leave, and other qualifying reasons, in addition to for the employee’s own serious health condition. While STD and Maine PFML are similar in some respects, their specific coverage details may differ. Maine PFML is not intended to fully replace STD coverage, which an employer may still wish to provide separately.

Does Maine Paid Family and Medical Leave provide job protection?

Yes, Maine PFML provides job protection for employees who have worked for the employer for at least 120 days. See employer obligations above for more details.

Who is considered a “family member” under Maine Paid Family and Medical Leave?

For the purposes of Maine PFML, “family member” means, with respect to both the employee and the employee’s spouse or domestic partner, a:

  • Spouse or domestic partner
  • Child, including
    • a child whose parentage has been determined under the Maine Parentage Act or any other biological, adoptive, or foster child, or stepchild;
    • a child to whom the employee or their spouse/domestic partner stands in loco parentis or has under legal guardianship; or
    • any individual to whom the employee (or their spouse or domestic partner) has stood in any of these relationships when the individual was a minor child
  • Parent (including a legal, biological, adoptive, or foster parent; stepparent, de facto parent or legal guardian or a person who stood in loco parentis to the employee when they were a minor)
  • Grandparent (including legal, biological, adoptive, or foster grandparent, step-grandparent, or a de facto grandparent)
  • Grandchild (including legal, biological, adoptive, or foster child, step-grandchild, or a de facto grandchild)
  • Sibling (including legal, biological, adoptive, or foster sibling, stepsibling, or a de facto sibling)

Additionally, an employee may designate as a family member an individual with whom the employee has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship.

What is considered a serious health condition under Maine Paid Family and Medical Leave?

To qualify as a serious health condition, the illness, injury, impairment, pregnancy, recovery from childbirth, or physical, mental, or psychological condition that involves:
  • Inpatient care in a hospital, hospice, or residential medical care center, or
  • Continuing treatment by a health care provider
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This material is for informational purposes only and is not intended to provide legal counsel. Please consult with an appropriate professional for legal and compliance advice. Any program information is based on our knowledge and understanding of Maine’s applicable laws and regulations as of the publication date and may change as regulations evolve or the Maine Department of Labor issues updated guidance. Further, this material is for illustrative purposes only, providing a general overview of the services described. It is not a contract nor intended as an offer of coverage.

Policies are subject to Underwriting approval. Policies are reviewed annually and may be cancelled for nonpayment. All coverage extends to limits reflected in the policy. Please refer to the policy for coverage details pursuant to its governing law, including a complete listing of covered services, provisions, conditions, exclusions, limitations, and terms under which the policy may be continued or cancelled. In the event of conflicting information with the policy and its governing Law, the policy and governing Law will take precedence over what is shown in this material. Claim payment is not guaranteed; benefit amount depends on wages. All images licensed through iStockphoto and Adobe Stock images.

The provisions of the Maine Paid Family and Medical Leave law, 26 M.R.S. §§ 850-A – 850-R, and its implementing regulations, 12 CMR §702 ch.1, govern this Private Plan and its interpretation and administration. Available in ME only.

Underwritten by:ShelterPoint Life Insurance Company (principal office in Garden City, NY) in: ME (form# SPL PFMLP 1224 ME).

 

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