Paid Sick Leave in Maine: Who Qualifies and How Much You Earn

Maine does not have a traditional "paid sick leave" law. Instead, it has something broader: the Earned Paid Leave (EPL) law, found at 26 M.R.S. § 637. Under this statute, most Maine employees earn one hour of paid leave for every 40 hours worked, up to a maximum of 40 hours of paid leave per year. The defining feature that sets Maine apart from nearly every other state is that this leave can be used for any reason at all—not just illness. Whether you are sick, caring for a family member, handling an emergency, or simply taking a planned day off, the same earned hours apply. Maine was the first state in the country to mandate paid leave usable for any purpose, rather than restricting it to medical or "sick" uses.

Maine's Specific Rule: How Much You Earn

The accrual formula is fixed by statute. For every 40 hours you work, you earn one hour of paid leave. Over a full year of typical full-time work, that adds up to the 40-hour annual cap. The law does not require employers to let you accrue more than 40 hours in a single defined year, though an employer may voluntarily offer more.

Paid leave must be compensated at at least your base hourly wage at the time you take the leave—and never less than Maine's minimum wage. As of 2026, Maine's minimum wage is among the highest in the nation and is adjusted annually for inflation, so confirm the current figure directly with the Maine Department of Labor before relying on a specific number. By contrast, there is no federal paid sick leave requirement at all: the federal Family and Medical Leave Act (FMLA) provides only unpaid, job-protected leave, and the federal Fair Labor Standards Act (FLSA) sets a $7.25 minimum wage with no paid-leave mandate. Maine's law goes far beyond that federal floor.

Which Employers Are Covered

The EPL law applies to employers with more than 10 employees in Maine for more than 120 days in any calendar year. If your employer has 10 or fewer employees, it is not required to provide earned paid leave under this statute, although many do so voluntarily.

The count of "more than 10 employees" generally includes part-time, full-time, and seasonal workers on the payroll during the relevant period. Because the threshold turns on headcount and days worked, employees at small businesses near the cutoff should confirm their employer's status with the Maine Department of Labor if there is any doubt.

Key Exemptions

• Small employers: Businesses with 10 or fewer employees are exempt from the mandate.
• Seasonal industries: Employees in a "seasonal industry" as defined under Maine law (26 M.R.S. § 1043) may be excluded.
• Collective bargaining: Employees covered by a union collective bargaining agreement may have different terms during the period the agreement is in effect.
• Railroad employees and certain other narrowly defined categories may also fall outside the law.

How and When You Can Use the Leave

You begin accruing earned paid leave at the start of employment, but an employer may require you to be employed for up to 120 days before you are eligible to use accrued leave. Once that waiting period passes, you can use your earned hours.

For foreseeable, non-emergency leave, the law allows employers to require reasonable advance notice—commonly up to four weeks—and to set reasonable scheduling limits so the absence does not unduly disrupt operations. For emergencies, illness, or sudden necessity, that advance-notice requirement does not apply; you simply notify your employer as soon as practicable under the employer's stated policy.

Because the leave is usable for any reason, your employer generally cannot require you to disclose why you are taking it for emergency or illness-related uses. This is a meaningful privacy protection compared with narrower sick-leave statutes in other states.

Carryover, Payout, and PTO Interaction

Employers have some flexibility in how they administer the benefit. An employer may either let unused earned paid leave carry over (subject to the 40-hour annual usage cap) or front-load the full amount at the start of the year. Maine's rules do not generally require employers to pay out unused earned paid leave when you leave the job, unless the employer's own policy or an established practice provides for it—so check your employee handbook.

If your employer already offers a paid time off (PTO) or vacation policy that provides at least as much paid leave as the EPL law requires, and lets you use it on the same favorable terms (any reason, paid at your base rate, with the same accrual and usage protections), the employer can satisfy the law through that existing PTO plan. You do not get a separate bucket of leave stacked on top—the existing PTO can count, as long as it meets or exceeds the statutory minimum.

How EPL Interacts With FMLA

Maine's earned paid leave and the federal FMLA serve different functions and can run together. FMLA provides up to 12 weeks of unpaid, job-protected leave for serious health conditions, childbirth, and similar qualifying events, but only at employers with 50 or more employees and for workers who meet its tenure and hours tests. Earned paid leave, by contrast, gives you paid hours at a much lower coverage threshold. In practice, you may be able to use your accrued paid leave to receive pay during part of an otherwise unpaid FMLA absence. Maine also has its own Family and Medical Leave provisions and a separate Paid Family and Medical Leave (PFML) program being implemented in the state, which is distinct from the EPL accrual discussed here.

Local Ordinances

Maine's Earned Paid Leave law is statewide, and there is no patchwork of separate municipal sick-leave ordinances layered on top of it the way some other states have. Some Maine cities, such as Portland, have their own minimum wage rules that exceed the state rate, which can affect the pay rate for your leave hours, but the core earned-paid-leave entitlement comes from state law and applies across Maine.

How to Enforce Your Rights

If your employer refuses to provide earned paid leave, miscalculates your accrual, retaliates against you for using leave, or otherwise violates the law, you can file a complaint with the Maine Department of Labor, Bureau of Labor Standards, which administers and enforces the Earned Paid Leave law. Keep records of your hours worked, your accrued and used leave, and any written communications with your employer. The agency can investigate, order compliance, and assess penalties for violations.

Before acting, verify the current rules, accrual mechanics, and any wage figures directly with the Maine Department of Labor, which publishes official rules and frequently asked questions on Earned Paid Leave. Statutory thresholds and the minimum wage can change, so the official state source is always the most reliable place to confirm the figure that applies to your situation.

Official Maine Sources

This page is based on Maine employment law. Rules and figures change — verify the current details directly with the official Maine sources below. This is general legal information, not legal advice.

• Maine Department of Labor, Bureau of Labor Standards — official Maine agency.
• Maine DOL Wage and Hour Complaint Portal
• Maine Revised Statutes, Title 26: Labor and Industry

Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Maine state law.