Maine Family Medical Leave Act (MFMLA)
The Maine Family Medical Leave Act (MFMLA) and the Federal Family and Medical Leave Act (FMLA) both provide unpaid, job-protected leave for employees who need time off for medical or family-related reasons. However, they differ in key ways that impact employers.
Employer Coverage & Employee Eligibility
| Provision | Maine Family Medical Leave Act (MFMLA) | Federal Family and Medical Leave Act (FMLA) |
| Covered Employers | Private employers with 15 or more employees; all state/local government employers. | Private employers with 50 or more employees; all public agencies and schools. |
| Employee Eligibility | Must have worked for 12 consecutive months (full-time or part-time). | Must have worked 12 months and at least 1,250 hours in the past year. |
| Leave Duration | Up to 10 weeks in a 2-year period. | Up to 12 weeks in a 12-month period. |
Qualifying Reasons for Leave
| Reason for Leave | Maine MFMLA | Federal FMLA |
| Birth, adoption, or foster care placement of a child | ✅ Yes | ✅ Yes |
| Serious health condition of employee | ✅ Yes | ✅ Yes |
| Serious health condition of a spouse, child, parent, or domestic partner | ✅ Yes | ✅ Yes (except domestic partners) |
| Organ donation | ✅ Yes | ❌ No |
| Military family leave (injury or deployment-related leave) | ✅ Yes | ✅ Yes (expanded provisions) |
Employer Responsibilities
| Requirement | Maine MFMLA | Federal FMLA |
| Job protection upon return | ✅ Yes | ✅ Yes |
| Continuation of health benefits | ✅ Only if already provided by employer; employee must pay their share. | ✅ Required if employer offers health insurance. |
| Advance notice required | ✅ Yes, reasonable notice. | ✅ Yes, 30 days if foreseeable. |
| Medical certification required for serious health conditions | ✅ Yes | ✅ Yes |
Employer Considerations
- If both laws apply, employers must follow the most employee-friendly provisions.
- Unlike federal FMLA, Maine’s law applies to smaller businesses (15+ employees) and includes domestic partners and organ donation as qualifying leave reasons.
- Employers must return employees to their previous or an equivalent position after leave and cannot retaliate against them for taking leave.