Maine FMLA And Leave Law Guidelines And Requirements

The Family & Medical Leave Act (FMLA) is a federal law that applies to employer organizations with 50 or more employees for 20 or more workweeks in the current or previous calendar year.

The Family & Medical Leave Act does not take the place of other sources of leave, including Maine's FMLA and other state leave laws. To the extent an organization subject to the FMLA is also subject to a state leave law, it must comply with both the FMLA and the state leave law.

The challenge in coordinating compliance with federal and state law is that the state leave laws may differ from FMLA law in employee eligibility criteria, as well as the length and type of protection.

Maine's FMLA And Other Leave Laws

In addition to the federally-mandated FMLA rules, Maine employers must comply with additional state leave laws. According to, and excerpted from, https://www.mainelegislature.org/legis/statutes/26/title26sec844.html, these are:

"§844. Family medical leave requirement
1. Family medical leave entitlement. Every employee who has been employed by the same employer for 12 consecutive months is entitled to up to 10 work weeks of family medical leave in any 2 years unless employed at a permanent work site with fewer than 15 employees. The following conditions apply to family medical leave granted under this subchapter:
A. The employee must give at least 30 days' notice of the intended date upon which family medical leave will commence and terminate, unless prevented by medical emergency from giving that notice; [PL 1987, c. 861, §§19, 20 (AMD).]
B. The employer may require certification from a physician to verify the amount of leave requested by the employee, except that an employee who in good faith relies on treatment by prayer or spiritual means, in accordance with the tenets and practice of a recognized church or religious denomination, may submit certification from an accredited practitioner of those healing methods; and [PL 1991, c. 277, §1 (AMD).]
C. The employer and employee may negotiate for more or less leave, but both parties must agree. [PL 1987, c. 661 (NEW).]
[PL 2007, c. 233, §2 (AMD).]
2. Unpaid leave. Family medical leave granted under this subchapter may consist of unpaid leave. If an employer provides paid family medical leave for fewer than 10 weeks, the additional weeks of leave added to attain the total of 10 weeks required may be unpaid.
[PL 1991, c. 277, §1 (AMD).]
3. Leave taken intermittently or on reduced leave schedule. Intermittent or reduced leave schedule family medical leave may be taken subject to the following limitations:
A. Leave for a reason described in section 843, subsection 4, paragraph B or C may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employer agree otherwise. Subject to subsection 1, paragraphs A and B, leave for a reason described in section 843, subsection 4, paragraph A, D or E may be taken intermittently or on a reduced leave schedule when medically necessary. The taking of leave intermittently or on a reduced leave schedule pursuant to this paragraph may not result in a reduction in the total amount of leave to which the employee is entitled under subsection 1 beyond the amount of leave actually taken. [PL 2007, c. 233, §3 (NEW).]
B. If an employee requests intermittent leave, or leave on a reduced leave schedule, for a reason described in section 843, subsection 4, paragraph A, D or E that is foreseeable based on planned medical treatment, the employer may require such employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that:
(1) Has equivalent pay and benefits; and
(2) Better accommodates recurring periods of leave than the regular employment position of the employee.
[PL 2007, c. 233, §3 (NEW).]"

How To Determine Whether FMLA Guidelines Or State Guidelines Apply In Maine

Here are some guidelines if your organization is subject to both FMLA and Maine leave law:

• If an eligible employee wishes to take a leave that is covered under both the state leave law and the FMLA, then generally the leave can be run concurrently. In other words, it can be counted towards satisfying the requirements under both state and federal law simultaneously
• If an eligible employee wishes to take a leave covered under the FMLA, but not also covered under the state leave law, that leave can only count towards satisfaction of the FMLA requirements. The total amount of leave available under the state law would still be available to that employee
• If an eligible employee wishes to take a leave covered under the state leave law, but not also covered under the FMLA, that leave can only count towards satisfaction of the state leave law. The total amount of leave available under the FMLA (e.g., 12 weeks or 26 weeks) would still be available to the employee

Note: The above is excerpted from our FMLA Training & Certification Program.

Recommended Training For Maine's FMLA Requirements

From seminars to webinars to online courses, HRTrainingCenter offers a variety of FMLA compliance training courses. Simply select one of our 'Recommended Courses' or use the search box to find your desired FMLA training course.

• Certificate Program In FMLA, ADA, Compliance
• FMLA Training & Certification Program
• How To Identify And Investigate FMLA Abuse
• Integrating FMLA, ADA, COBRA, And Workers' Compensation Training & Certification Program

To find other FMLA training courses, use the search box below.

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