By: HUB's Absence Management Team

Starting May 1, 2026, Maine’s Paid Family and Medical Leave (PFML) program will begin paying benefits to eligible workers. Maine becomes the latest state to launch a comprehensive paid leave program, joining states like Massachusetts, Connecticut, Colorado, Oregon and others. With benefits going live in just weeks, employers with employees in Maine need to understand how this program works, how it interacts with federal Family and Medical Leave Act (FMLA) and Maine’s existing unpaid Maine Family Medical Leave (ME FML) law and what steps they should be taking now.

All public and private employers with at least one employee in Maine are subject to Maine PFML.

Employee eligibility

Unlike federal FMLA, there is no tenure requirement for Maine PFML benefits. Employees become eligible for paid leave when they have earned at least six times the State Average Weekly Wage (SAWW) during their base period. The base period is the first four of the last five completed calendar quarters before the employee’s leave begins. For job reinstatement protections specifically, employees must have been employed for at least 120 days prior to the start of leave.

Qualifying reasons for leave

Eligible employees may take up to 12 weeks of paid leave in a benefit year for the following reasons:

  • Medical leave — managing one’s own serious health condition (seven-day waiting period applies)
  • Bonding — caring for a child within 13 months of birth, adoption or foster placement
  • Family caregiver — caring for a family member with a serious health condition
  • Military exigency — addressing exigencies related to a family member’s active duty
  • Safe leave — for an employee or family member who is a victim of violence, assault or abuse

Important: Maine’s definition of “family member” is significantly broader than federal FMLA.

Benefit amount

Maine PFML provides a tiered wage replacement structure:

  • 90% of the employee’s average weekly wage (AWW) up to 50% of the SAWW
  • 66% of AWW for the portion exceeding 50% of the SAWW
  • Maximum weekly benefit for leaves beginning May 1, 2026: $1,198.84

Private plan option

Employers may opt out of the state plan by offering a private plan (through an approved carrier) that provides at least equivalent benefits. Private plans must be approved by the Maine PFML Benefits Authority and are valid for three years. Self-insured plans must also be approved by the Benefits Authority by submitting a bond. Employers with approved private plans are exempt from remitting contributions to the state, effective the first day of the quarter in which the plan is approved.

Coordination with federal FMLA and Maine FML

This is where it gets complex. Maine PFML does not exist in a vacuum — it must be coordinated with federal FMLA (unpaid, 12 weeks) and Maine’s existing unpaid Family Medical Leave law (10 weeks in a two-year period). Here are the key coordination points:

  • Prior usage of FMLA or Maine FML in the preceding 12 months reduces the time available under Maine PFML.
  • FMLA will not run concurrently with Maine PFML when the leave reason does not qualify under FMLA (e.g., caring for a domestic partner or affinity relationship).
  • The benefit year under Maine PFML is a rolling 12-month period, which may differ from the employer’s FMLA measurement method.

Employer notice requirements

Employers must provide written notice about the PFML program to all employees within 30 days of hire. The notice must include:

  • Benefits available under the program
  • The employee’s right to job protection and health insurance continuation
  • The process for filing a claim

Employers must also display a workplace poster about PFML in a conspicuous location at each premises.

What employers should do now

  • Confirm whether you are participating in the state plan, self-insured plan or a private plan and ensure all enrollment and contribution processes are in place.
  • Review and update leave policies to reflect Maine PFML coordination with FMLA and Maine FML.
  • Distribute the required employee notice and post the workplace poster.
  • Train HR staff and managers on the broader family member definition and intermittent leave rules.
  • Work with your absence management and benefits consultants to ensure leave tracking systems are configured for proper concurrent leave administration.

If you have any questions, please contact your HUB advisor. We will continue to monitor and provide updates as more information becomes available.

View more Absence Management updates on the Absence Management Bulletins page.

NOTICE OF DISCLAIMER

Neither Hub International Limited nor any of its affiliated companies is a law or accounting firm, and therefore, they cannot provide legal or tax advice. The information herein is provided for general information only and is not intended to constitute legal or tax advice as to an organization’s specific circumstances. You should consult an attorney, accountant or other legal or tax professional regarding the application of the general information provided here to your organization’s specific situation in light of your organization’s particular needs.