Recently enacted Maine LD 369 (Chapter 156) requires that employers with 10 or more employees in any 120 days in a calendar year provide paid leave to their employees. According to the governor's news release, the law allows for the use of paid leave for circumstances other than sick pay as long as the employee provides reasonable notice the employer.

Effective January 1, 2021, Maine employers will be required to allow employees to accrue one hour of paid leave per 40 hours worked, up to a maximum of 40 hours per year. Accrual begins at the start of employment, but the employer is not required to permit use of the accrued leave until the employee has been employed for 120 days during a one-year period.

Employees on leave must be paid at the same base rate of pay they received immediately prior to taking the paid leave. The taking of paid leave must not result in the loss of any employee benefits, including health benefits, accrued before the date on which the paid leave commences.

Maine law already requires that employers allow employees to use the paid sick leave for personal illness and for the illness of immediate family illnesses. (Maine Department of Labor website.)

The new law prohibits Maine localities from passing their own paid leave ordinances.

Ernst & Young LLP insights

Legislation that would establish a Maine paid family and medical leave insurance program is pending. (LD 1410.)

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