Two medical leave laws apply to Maine
workers: a federal law and a state law. We will explain the basics of each
one here. If you have specific questions, call your union or the Wage and Hour Division
of the:
Maine Department of Labor: 207-623-7900 TTY 1-800-794-1110,
or
U.S. Department of Labor: 1-886-487-9243 TTY 1-877-889-5627
NOTE: Maine also has a
Maine Family Care Act
which allows eligible Maine workers to use up to 40 hours of earned paid leave to care for sick family
members. This Act is not covered here. Maine Equal Justice posts a nice
summary of the Maine Family Care Act.
Maine Family Medical Leave
Requirements
| Who does the Maine law cover? |
The Maine law covers people who work for:
- An employer with 15 or more workers at one location,
- Any state agency, or
- Any city, town or municipal agency that has 25 or more workers
You must have worked for the same employer for 12 months in a row before
taking this leave.
You can take the leave if:
- You or your spouse, domestic partner, child, domestic partner's child,
parent, or sibling who lives with you, has a serious health condition
- You, your spouse or your domestic partner are giving birth to a child
(covers both fathers and mothers)
- You, your spouse or your domestic partner is adopting a child who is
16 or younger
- You are donating an organ for transplant
- You have a family member who dies or is seriously injured due to military
service
The Maine law defines "serious health condition"
as one that requires a hospital stay or continuing treatment.
A “domestic partner” has lived with you for at
least 12 months, is your sole partner, and shares financial, living, and
other arrangements.
You can take up to 10 work weeks of leave in any two year period.
| Can I take leave on a part-time basis? |
If you need leave due to:
- your own serious health condition,
- a family member's serious health condition, or
- because you are donating an organ
you can take leave intermittently or on a reduced schedule, up to the
equivalent of 10 regular work weeks. Your employer may transfer you to
a job that better accommodates your leave schedule.
Leave for the birth or adoption of a child may be intermittent or on
a reduced schedule, but only if you and your employer both agree.
| Do I get paid during the leave? |
The law does not require paid leave. If your employer gives
paid sick leave or vacation, you may use any paid time off during your family
medical leave, but you cannot add it to your 10 weeks of family medical leave
unless your employer agrees. Your employer can make you use your paid time off
during your family medical leave, instead of saving it for a vacation or sickness
later in the year.
| What about other benefits, like health insurance? |
Your employer must continue your benefits while you are on
leave. You must pay for those benefits unless your employer offers to pay.
| Do I have to give notice
that I am planning to take the leave? |
Yes. You must give at least 30 days notice before taking the
leave. You must tell your employer the date you plan to start and end the
leave. If you can't give this notice because of a medical emergency, you
must tell your employer as soon as possible.
| Can I get my job back
when I return to work? |
Your employer must give you the same job, or an "equivalent"
job. This means a job with the same pay and benefits, seniority status,
and working conditions. However, decisions and conditions that would
have affected your job if you had not been on leave may still apply. For
example if everyone in your job class is laid off during your leave, you
could be laid off as well.
| What if my employer doesn't
agree that I need the leave, or thinks I should come back to work
sooner? |
Your employer can require a doctor's statement to verify the
reason for your leave or the amount of time you need. If you don't use traditional
care because of your religious beliefs, you can get a statement from an
"accredited practitioner" of the healing methods you use.
| What if my employee handbook or collective bargaining agreement has
better leave? |
The purpose of the law is to give some rights to workers who
do not have adequate leave time already. Your workplace may give you leave
time beyond the minimum set by law.
| What if my employer violates this law? |
If you qualify for leave under this law, it is illegal for
your employer to deny leave or penalize you in any way for taking leave.
You may be able to get your job back or reach a favorable settlement without
going to court. You can file a complaint with the Maine Department of Labor:
207-623-7900 TTY 1-800-794-1110. They may be willing to contact your employer
and advocate for a favorable outcome. However, if this doesn't bring the
results you are looking for, your next step would be going to court.
The court can order any employer who violates this law to:
- stop violating the law
- give you back pay or
- pay you $100 "for each day the violation continues"
- pay twice the amount of lost pay as a penalty
- repay you for reasonable attorney’s fees
The absolute deadline for filing a claim under this law is 6 years from
the date of the violation.
Federal Family and Medical
Leave Act
This law applies to workers at larger companies. Your workplace
must have at least 50 workers within 75 miles of your workplace. The law
also applies to all federal, state and local government agencies, including
schools.
You must have worked for at least 1,250 hours during the past
12 months. Also, you must have worked for your employer for at least 12
months. These months do not have to be consecutive, or all at one time.
| When can I take the leave? |
You can take leave:
- Because of a "serious health condition" that makes you unable to do your job
- For the birth of a child and to care for the newborn
- For adopting a child or getting a foster care child
- To care for your spouse, child, or parent who has a "serious health condition"
- To make arrangements and attend activities when a spouse, child or parent
in the National Guard or Reserves is on active duty or has been called
to active duty
- To care for a seriously injured or ill parent, child or spouse who is
a member of the Armed Forces
| What is a "serious health condition"? |
- An illness or injury that requires an overnight stay in a hospital, plus follow-up care.
- Inability to work due to pregnancy or prenatal care.
- An illness that prevents you from working and doing regular activities for more than 3 whole days in a row, plus a doctor’s visit within 7 days and a follow-up visit within 30 days.
- An illness that prevents you from working and doing regular activities for more than 3 whole days in a row, plus ongoing medical treatment starting within 7 days.
- A chronic condition that causes you to see a doctor two or more times per year.
- Permanent or long-term incapacity that cannot be treated, like Alzheimer’s.
You can take up to 12 weeks during a 12 month period. You
do not have to use the 12 weeks all at one time. Your employer may
count the 12 months in one of several ways.
If you and your spouse work for the same employer, you are
limited to a combined 12 weeks of leave for the birth or adoption of a child,
or placement of a foster child.
If you need leave due to your own or a family member’s
serious health condition, you can take leave intermittently or on a reduced
schedule, up to the equivalent of 12 regular work weeks. Leave for the birth
or adoption of a child may be intermittent or on a reduced schedule, but
only if the employer and employee both agree.
Leave to care for a seriously injured or ill parent, child
or spouse who is a member of the Armed Forces may last 26 weeks. This leave
may be intermittent.
When you take intermittent leave for scheduled medical treatments,
for yourself or a family member, you must make a reasonable effort to schedule
the treatments so they do not disrupt the workplace.
Note: Some special rules apply to "instructional
employees" of elementary and secondary school employees who want to
take intermittent leave, end-of-the-year leave, or a reduced schedule.
| Do I get paid during the leave? |
As with the state leave, employers are not required to give
paid leave. If you have paid sick leave or vacation time, you can use this
paid leave during the 12 week Family Medical Leave.
| What about other benefits, like health insurance? |
Your employer must continue health benefits on the same terms
as if you were working. If you do not return to work at the end of
the 12 week leave, your employer can require you to repay any health insurance
premiums paid on your behalf during the leave.
| Do I have to give notice that I am planning to take the leave? |
Yes. As with the state law, you must give at least 30 days
notice before taking the leave. If you can't give 30 days notice because
of a medical emergency, you must follow your employer's normal policies for reporting an absence.
| Can I get my job back when I return to work? |
Your employer must give you the same job, or an "equivalent"
job. This means a job with the same pay and benefits, seniority status,
and working conditions. However, decisions and conditions that would
have affected your job if you had not been on leave may still apply. For
example if everyone in your job class is laid off during your leave, you
could be laid off as well.
| What if my employer doesn't agree that I need the leave, or
thinks I should come back to work sooner? |
You must give your employer enough information to determine
that you qualify for Family Medical Leave. Your employer can require "certification"
from a health care provider that you or your family member has a qualifying
“serious health condition.” Your employer can require second
or third opinions, at its expense. Your employer can contact your health
care provider to clarify your leave request, but your direct supervisor
cannot be involved. At the end of your leave, your employer can require
you to provide a “fit for duty” certification that states you can do your usual job duties. If you are taking intermittent leave, your employer can require a "fit for duty" certification that states you can perform those duties intermittently.
| If I qualify under both the state and federal laws, can I add
the leaves together to take the maximum amount of time under both laws? |
No. Any leave time you take under the state law is offset
against your federal leave time.
Where there is conflict between state law and federal law, or
between the law and your employer's policy, you can use the most generous
rule.
| What if my employer violates this law? |
You have the right to enforce this law in court. The court
can order your employer to pay:
- Lost wages and other benefits
- Reimbursement for other expenses
- $100 per day for each day the violation continues
- Interest
- Attorney's fees and court costs.
You can also file a complaint with the U.S. Department of
Labor, Wage and Hour Division: 1-886-487-9243 or TTY 1-877-889-5627. This
agency also has the power to enforce the law and to fine an employer who
violates it.
The absolute deadline for filing a federal Family Medical Leave
Act claim is 2 years from the date of the violation, or 3 years from the
date of a willful violation.
