Maine Will Launch PFML Benefits in May 2026

Quick Hits

• The Maine Department of Labor recently confirmed that benefit distributions will begin on May 1, 2026, for the PFML program.
• Both employers and employees contribute to the paid family and medical leave fund.

Covered workers will be entitled to take twelve weeks of paid time off for family leave, medical leave, leave to deal with the transition of a family member’s military deployment, or leave to stay safe after abuse or violence. Although the time off must occur on or after May 1, 2026, to be eligible for Maine PFML benefits, the state and its insurance provider will start accepting applications for benefits in April 2026.

Covered employers with at least one employee in Maine are required to register (a registration tutorial for employers can be found here, and frequently asked questions for employers can be found here) in the Maine Paid Leave Contributions Portal. Employers with fifteen or more employees must contribute 1 percent of wages and may deduct up to half of this contribution from employees’ wages. Employers with fewer than fifteen employees must contribute 0.5 percent of wages and may deduct the entire amount from employees’ wages.

After a covered employee takes PFML leave, the employee must be restored to the same position, or one with equivalent conditions, pay, and benefits, upon returning, if the employee has been employed for at least 120 days. Job restoration for employees who have not completed 120 days with their employers is not required under Maine’s PFML law; nevertheless, employers should carefully consider their obligations under other applicable laws prior to making decisions impacting the employment relationship. Moreover, retaliation against employees utilizing approved PFML is prohibited.

An employer may not require an employee to use other available paid time off, such as vacation days or sick days, during a PFML absence, or require an employee to exhaust all other paid time off before taking PFML. However, Maine PFML benefits may run concurrently with unpaid leave under the federal Family and Medical Leave Act (FMLA) and the Maine Family Medical Leave law when they apply. Leave taken under the federal FMLA or Maine FMLA before an employee’s Maine PFML benefits begin will count against the employee’s available twelve weeks of Maine PFML, if taken for reasons qualified under the three laws.

Notably, Maine PFML includes qualifying reasons for leave that would not be covered under the federal FMLA. Employers may wish to review their handbook language related to the use of various leave benefits to ensure compliance and limit the potential for “stacking” leave periods.

While on PFML leave, workers will continue to accrue vacation time, sick time, seniority, and service credits in the same manner as before. Additionally, employers must continue covered employees’ health insurance coverage while the employees are on PMFL leave.

Next Steps

Employers in Maine may wish to train managers to understand the law and to recognize and respond to PFML leave requests in a legally compliant manner. Employers also may wish to coordinate with their third-party payroll provider to ensure payroll withholdings are executed correctly for the PFML program. The Maine Department of Labor is responsible for handling benefit distributions.

Ogletree Deakins’ Portland, Maine, office and Leaves of Absence/Reasonable Accommodation Practice Group will continue to monitor developments and will provide updates on the Leaves of Absence and Maine blogs as new information becomes available.

In addition, the Ogletree Deakins Client Portal tracks developments and provides real-time updates on Leaves and Maine’s employment laws, including the rules governing the PFML program. Full law summaries are available for Premium-level subscribers. Snapshots and Updates are available for all registered client users. For more information on the Client Portal or to inquire about a Client Portal subscription, please reach out to clientportal@ogletree.com.

Aimee B. Parsons is a shareholder in Ogletree Deakins’ Portland, Maine, office.

This article was co-authored by Leah J. Shepherd, who is a writer in Ogletree Deakins’ Washington, D.C., office.

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