State FMLA – 26 Me. Rev. Stat. Ann. §§ 843-848

Covered Employers: 15 or more employees at one location in the State

Employee Eligibility: Every employee who has been employed by the same covered employer for 12 consecutive months at a permanent worksite with at least 15 employees.

Entitlement: Up to 10 work weeks of family medical leave in any 2 years. The employer and employee may negotiate for more or less leave, but both parties must agree. Leave may be for the following reasons:

• Birth of a child;

• Placement of a child 16 years or younger for adoption with the employee or with the employee's domestic partner;

• Employee's own serious health condition;

• Serious health condition of the employee's child, domestic partner's child, parent, domestic partner, sibling or spouse;

• To donate an organ for human transplant;

• The death of or serious health condition of the employee's spouse, domestic partner, parent, sibling or child if the family member is a member of the state military forces, or the United States Armed Forces including the National Guard and Reserves and the family member is injured or dies while on active duty.

"Serious health condition" means an illness, injury, impairment or physical or mental condition that involves: inpatient care in a hospital, hospice or residential medical care facility; or continuing treatment by a health care provider.
The employer and employee may negotiate for more or less leave, but both parties must agree.

Leave may be taken intermittently or on a reduced schedule. Leave for birth or placement of a child cannot be taken intermittently or on a reduced schedule unless the employee and the employer agree otherwise. Leave for the employee's own serious health condition, a family member's serious health condition, or organ donation may be taken intermittently or on a reduced leave schedule when medically necessary.

Employee Notice: Yes, 30 days advance notice of the intended date upon which leave will commence and terminate, unless prevented by medical emergency from giving such notice.

Obligation to Provide Certifications or Documents Supporting Need for Leave: Yes. 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 tenants and practice of a recognized church or religious denomination, may submit certification from an accredited practitioner of those healing methods.

Paid?: No. However, 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.

Benefits: Employee benefits are to continue during the leave at the employee's expense, although the employer and employee may negotiate for the employer to maintain benefits at the employer's expense for the duration of the leave. The taking of family medical leave may not result in the loss of any employee benefit accrued before the date on which the leave commenced.

Reinstatement: Yes, the employee is to be restored by the employer to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. Employees can have a reduced leave schedule that reduces the usual number of hours per workweek, or hours per workday. If the employee takes a reduced leave schedule, the employer may require the employee to transfer temporarily to an available alternative position for which the employee is qualified and has equivalent pay, equivalent benefits, and better accommodates recurring periods of leave than the regular position of the employee.

Other Important Definitions/Requirements: Domestic partner is included in the definition "spouse"

Absence Specifications