Growing Family Benefits
- Don't get pregnant without us!
- Enjoy security for your family
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Maine Family Leave
Maine Family Medical Leave Act
The Maine Family Medical Leave Act (MFMLA) is a state regulation that provides unpaid job protected leave to specific groups of workers. The statue is similar in many respects to its federal counterpart, the Family Medical Leave Act (FMLA), but with key differences. The Maine regulation is broader than the federal rule in four ways:
- Applies to more workers
- Smaller employers are subject to requirements
- Fewer hours of employment are required
- Expands family definitions
- Paid leave option
- How to use sick leave and unemployment benefits
- How short term disability covers the pay gap
Short Term Disability and Maternity Leave Maine regulations provide for extended unpaid job protected leave during your time away from work for any bed rest prior to childbirth, recovery from delivery, and to bond with baby. But can you afford all this lost income? Most couples can't. Purchase short term disability before getting pregnant and worry less about how to pay your bills should you need an extended leave.
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Paid Family Leave in Maine
Maine law does not provide for paid leave for all workers. Nor does the state have any mandated short term disability coverage.
The Maine Family Care Act extends paid leave benefits for the care of family members for those workers who have a negotiated time for their own leave. Workers have the right to use up to 40 hours per year of paid sick time to care for a sick child, spouse, or parent. Only workers in employer groups of 25 or more employees have this right. However, 40 hours of paid leave covers only one of the ten weeks of time away from the job. This stills means that 90% of the time away from work will be unpaid.
Unemployment insurance in Maine may be used if leave is taken to care for the illness or disability of an immediate family member. In this case benefits may last the entire span of job protected leave. This is a new law based upon incentives paid by the federal government. This still leaves a big hole for women on a disability leave. The best option is to purchase short term disability several months prior to conception.
The Maine Family Care Act extends paid leave benefits for the care of family members for those workers who have a negotiated time for their own leave. Workers have the right to use up to 40 hours per year of paid sick time to care for a sick child, spouse, or parent. Only workers in employer groups of 25 or more employees have this right. However, 40 hours of paid leave covers only one of the ten weeks of time away from the job. This stills means that 90% of the time away from work will be unpaid.
Unemployment insurance in Maine may be used if leave is taken to care for the illness or disability of an immediate family member. In this case benefits may last the entire span of job protected leave. This is a new law based upon incentives paid by the federal government. This still leaves a big hole for women on a disability leave. The best option is to purchase short term disability several months prior to conception.
Maine FMLA: Eligibility Guidelines
The Maine Family Medical Leave Act has eligibility guidelines that apply differently based upon the size and type of employer:
- Private employers - 15 or more employees at one location
- State Agency - all locations
- County, City, Municipal - 25 or more employees
Your employee benefits such as health coverage, group life, group disability, etc. must be continued by your employer, but the premium costs will be at your expense. Many couples are shocked to find out how much employers contribute towards these premiums. Its a nasty surprise to get a big bill when you need the coverage most, while little or no money is coming in.
Maine Family Medical Leave & Federal FMLA
The Family Medical Leave Act (FMLA) is a federal law, whereas the Maine Family Leave Act applies to Maine workers only. In general terms the federal regulation provides better job protection benefits, but to a more narrow population segment. If you qualify for both types of leave you must take them concurrently. Some key differences include:
Sources: Maine Statutes 26: 843:849, Maine Equal Justice Partners- Maine law covers more people -
- Employer size and type varies with the Maine law (see above) versus 50 employees working within 75 miles of the worksite for the Federal
- Employees need to be employer at same employer for 12 consecutive months with no hours worked requirements
- Federal law requires 1,250 hours worked
- Expanded definition of family members
- Includes domestic partners and children of domestic partners
- Federal FMLA provides better protections -
- Length of time is 2 weeks longer (12 weeks vs 10 weeks)
- Available every year
- Health benefits continue on same basis as working employees
