Maine Military Family Leave Me. Rev. Stat. tit. 26, § 814

Covered Employers: Employers with at least 15 or more employees

Employee Eligibility: Employees must have worked 12 months and 1250 hours for the same employer immediately preceding the commencement of the leave

Entitlement: Up to 15 days of family military leave per deployment, if the employee's covered family member is ordered to active duty for at least 180 days, on an assignment where combat or armed conflict is taking place.

Military Family Leave may be taken:

• During the 15 days immediately prior to deployment

• During the 15 days immediately following the period of deployment

• During periods when the employee's family member is on leave from active duty

Covered family members for the purposes of this leave are Maine residents who are:

• The employee's spouse

• The employee's domestic partner

• The employee's child

Employee Notice: The employee must give at least 14 days' notice of the intended date upon which the family military leave will commence if leave will consist of 5 or more consecutive work days. An employee taking family military leave for fewer than 5 consecutive work days must give the employer advance notice as is practicable. The employee shall consult with the employer to attempt to schedule the leave so as to not unduly disrupt the operations of the employer.

Obligation to Provide Certifications or Documents Supporting Need for Leave: An employer may require proof from a proper military authority (i.e. a copy of the military orders) to verify eligibility for leave.

Paid?: The law does not mandate that the time be paid; it provides for unpaid leave of absence.

Benefits: The employee has to be allowed to continue their benefits at their own expense. The employee and the employer can negotiate for the employer to maintain the employee's benefits at the employer's expense.

Reinstatement: An employee taking leave under this section is entitled to reinstatement of his or her position or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. This requirement does not apply if the employer proves that the employee was not restored as provided in this subsection because of conditions unrelated to the employee's exercise of rights under this section.

Other Important Definitions/Requirements: An employer is prohibited from interfering with an employee's rights under this law, or from discharge, fining, suspending, expelling, disciplining or in any other manner discriminating against any employee.