Leave - Maine

Jury duty

Maine law doesn’t require employers to pay employees on jury duty.

Voting

Maine doesn’t have a time-off-for-voting provision.

Reserve training

Federal law under the Uniformed Services Employment and Reemployment Rights Act (USERRA) provides reemployment rights for veterans, and members of the National Guard and National Reserve, following qualifying military service. Maine law provides for a military leave of absence that is similar to the federal reemployment provisions.

For example, prior to leave, the employee must give reasonable notice and be reinstated at the same pay, seniority, benefits, and status as if the person had remained continuously employed. Another commonality between the federal and the state provisions is that the military member may or may not be compensated for the time off, at the employer’s discretion.

Under Maine law, the employer must continue the existing health, dental, and life insurance benefits, at no additional cost to the member, for at least the first 30 days of leave.

Violation of the provisions of the Maine law may result in a civil action.

Leave for victims of violence

All Maine employers are to grant reasonable and necessary unpaid leave from work to an employee who is a victim of violence, assault, domestic violence, sexual assault, or stalking, or whose family member is such a victim.

Employers may, however, ask that leave be modified or deny a requested leave if:

• The employee’s leave would pose an undue hardship on the employer;
• The request for leave is not provided within a reasonable period of time; or
• The requested leave is not practical, reasonable, or necessary based on the facts made known to the employer.

An employee may take leave to prepare for and attend court proceedings; receive medical treatment for himself or herself or for a victim who is the employee’s daughter, son, parent, or spouse; or obtain other necessary services to remedy a clear and immediate threat to the victim caused by violence.

Employees are to provide the employer with a request for leave as soon as possible after learning of the need, including the information necessary for the employer to make an informed decision on the request.

Public Health Emergency

There is no federal law that requires employers give employees time off in situations of extreme public health emergencies. Maine law provides that all employers must grant leave to employees who are unable to work for the following reasons related to an extreme public health emergency:

• The employee is unable to work because he or she is under individual public health investigation, supervision, or treatment,
• The employee is acting in accordance with an extreme public health emergency order,
• The employee is in quarantine or isolation or is subject to a control measure,
• The employer is concerned that the employee may expose other individuals in the workplace to a threat, or
• The employee is needed to provide care or assistance to his or her spouse or domestic partner, parent, or children.

The employer may deny leave under the following limited situations:

• The leave would cause undue hardship, including the need to downsize for legitimate reasons related to the impact of the emergency, or
• The request for leave is not communicated to the employer within a reasonable time.

The employer may require the employee to provide written documentation supporting the leave upon the employee’s return to work.

During leave, the employee’s benefits must be retained on the same terms and conditions as applicable to similarly situated employees. Benefits must be maintained for the duration of the emergency and a reasonable and necessary time period following the termination of the emergency. Beyond this time, the employee may continue his or her benefits at his or her own expense.

Violation of the provisions of the law may result in civil penalties from the Maine Department of Labor.

Family military leave

Employers with 15 or more employees must allow eligible employees unpaid, job-protected family military leave.