When Laura's mother came home after hip surgery, Laura used two weeks of vacation helping with therapy, meal prep, and travel to appointments. When the time ran out, she faced a dilemma: return to work and leave her mother alone, or take unpaid leave and fall behind on bills.
Maine's new paid family medical leave program (PFML), which opened for applications recently, aims to eliminate such decisions. The law goes into effect on May 1st. Under the program, eligible employees and the self-employed may take up to 12 weeks of paid leave to care for a loved one.
Who Qualifies for Paid Family Medical Leave?
The program covers many workers who have worked 120 days or more. Non-federal government employees and self-employed Maine residents who opt in and meet the earnings requirements can qualify. Exceptions include:
- People employed by a tribal government that isn't part of the program.
- Those who have been in jail.
- People whose only work in Maine is through a work-study program.
Earnings requirements: you must have earned at least $7,193.04 in Maine wages during the first four of the last five calendar quarters before your leave begins (your base period). This amount is based on six times the state average weekly wage (SAWW), which changes yearly.
For the self-employed, wages are based on net earnings from all self-employment, as reported to the state on the prior year's personal income tax return. Quarterly self-employed wages are determined by dividing the net income from the previous year's tax return by four. Self-employed workers must submit copies of tax returns by June 1st each year.
How Much Does Maine Family Medical Leave Pay?
You'll receive part of your usual income. The weekly benefits are calculated in two tiers based on the SAWW:
- If you earn $599.42 per week or less (below or equal to 50 percent of the SAWW), you'll receive 90 percent of your usual pay.
- If you earn more than $599.42 weekly, you'll receive 90 percent on the first $599.42, then 66 percent on the rest, up to a maximum weekly benefit of $1,198.84 (the current SAWW).
Under this formula, lower-wage earners receive nearly their full income, while higher-wage earners' benefits are limited. The state offers a benefit estimator tool.
Maine PFML benefits are reportable income and may be subject to federal tax. The IRS has issued guidance on taxability. For more information about taxes and potential pay reductions (if PFML is taken at the same time as other programs), visit the Maine PFML portal.
Is Paid Family Leave Different From Paid Family Medical Leave?
Maine PFML, the federal Family and Medical Leave Act (FMLA), and Maine FMLA run at the same time when they all apply.
They're not stackable: if you're covered by all three, you can't take 12 weeks of federal FMLA and then 12 more weeks of Maine PFML. Any leave you take under the federal or Maine FMLA in the 12 months before your Maine PFML benefits start will reduce the amount of Maine PFML you have left.
Example: If you took four weeks of federal FMLA in December 2025, you would have only eight weeks of Maine PFML available in 2026 when your benefits start in May 2026.
Other ways to become a paid family caregiver in Maine.
How Does FMLA Work in Maine?
Maine PFML is funded by a one-percent payroll contribution (split between employers/employees) based on total wages before taxes starting Jan. 1, 2025. A third party, Aflac, administers the program.
The program covers five types of leave, including family care leave, which it defines as "Time to care for a loved one with a serious health condition." A "serious health condition" is an illness, injury, impairment, pregnancy, recovery from childbirth, or a physical, mental, or psychological condition that involves inpatient care or continuing treatment.
Examples include:
- Supporting a spouse through cancer treatment
- Managing a sibling's recovery from a stroke
- Helping a parent transition to memory care
The Maine PFML rules don't state that the care recipient must live in Maine. You may take leave to care for a spouse, domestic partner, child, parent, sibling, grandparent, or grandchild. Maine law includes a unique affinity relationship provision. This lets you care for someone you aren't legally or biologically related to if you have a "significant personal bond that is like a family relationship."
Eligible workers must apply with the State; employees (or others acting for them) must also give the employer "reasonable notice." Leave must be scheduled to prevent undue hardship on the employer as reasonably determined by the employer.
Workers may take up to 12 weeks of paid leave in a benefit year, and will be paid only for time off on or after May 1, 2026. (A benefit year is the 12-month period when you can use your 12 weeks of leave, and it starts when you first take leave.)
Job protection: If you've worked for your employer for at least 120 consecutive days when you take leave, you may qualify. If you take paid leave from a job where you've worked for fewer than 120 days, your employer can, but doesn't have to, restore you to your position. Regardless, they can't retaliate against you for taking approved leave.
For details on intermittent leave, application timing, denials, and paperwork requirements, see the Maine PFML FAQs.
The application process for the self-employed is similar.
How Paid Family Medical Leave Fits into Estate and Long-Term Care Planning
Though PFML helps during an immediate caregiving need, longer-term planning helps prevent future crises. Powers of attorney, advance directives, and long-term care plans work alongside PFML to help caregivers protect the assets of those who receive care.
An agent under power of attorney can act on an incapacitated person's behalf in financial matters. An advance directive for health-care names who will make decisions over life-sustaining treatment and end-of-life care. Long-term care planning addresses where a person receives care and how to pay for it.
Summary
What to do before you take paid family medical leave:
- Check if you meet the earnings requirements
- Gather documents about your loved one's condition
- Talk to your employer about timing
- Review your loved one's estate and long-term care plans
For help determining the best approach to paid family caregiving and estate and long-term care planning based on your needs, contact us online or call (207) 377-6966.
