Maine Labor Laws: Wages, Breaks and Overtime (2026)

State Family and Medical Leave Act

Maine’s state FMLA (26 M.R.S. § 843) covers employers with 15 or more employees. Eligible employees — those with 12+ months of service — can take up to 10 weeks of unpaid leave within any two-year period for qualifying family or medical reasons.

This is separate from the new Paid Family and Medical Leave program described below.

Maine Paid Family and Medical Leave 

Maine paid family leave 2026 is fully operational. Benefits opened May 1, 2026. Employer contributions have been required since January 1, 2025.

How the program works

Contributions: The total premium is 1% of wages. Employers with 15 or more employees split the cost: 0.5% employer, 0.5% employee. Employers with fewer than 15 employees are exempt from paying the employer portion but must still withhold and remit the employee’s 0.5%. (maine.gov/paidleave)

Eligibility: Employees must have worked at least 120 consecutive days with the employer. They must also have earned at least six times the State Average Weekly Wage (SAWW) in the base period. The 2026 SAWW is $1,198.84, putting the earnings threshold at roughly $7,188. (Maine.gov – SAWW)

Benefits: Up to 12 weeks of paid leave per benefit year. The maximum weekly benefit equals the SAWW ($1,198.84). Aflac administers claims on behalf of the state. Applications opened March 30, 2026. (maine.gov/paidleave)

Job protection: An employee’s position is protected if they worked at least 120 consecutive days before taking leave. Small employers can permanently fill the role if holding the vacancy creates demonstrable financial hardship.

Maine’s Earned Paid Leave law (26 M.R.S. § 637) applies to employers with 10 or more employees. Employees earn one hour of paid leave for every 40 hours worked, up to 40 hours per defined year. Seasonal workers are excluded.

What changed in 2025: PL 2025, c. 438 (LD 55), effective September 24, 2025, eliminated the prior rule that carrying over unused EPL reduced new accruals. Total leave balances can now reach 80 hours. Employers can still cap usage at 40 hours per year.

Maine does not mandate employers to provide paid vacation days. Any vacation benefits are offered at the discretion of the employer.

There is no specific statewide requirement in Maine for bereavement leave. However, many employers provide it voluntarily.

Maine does not mandate paid or unpaid holiday leave. Employers can decide on holiday benefits.

Employees are entitled to take leave for jury duty and cannot be penalized for attending.

Employees may take time off to vote if they do not have sufficient time outside working hours to do so.

Employees who are victims of domestic violence are entitled to take time off work, with or without pay, to attend court proceedings, receive medical treatment, or obtain necessary services related to the violence. This also applies if the employee’s child, parent, or spouse is a victim.

Employees who are members of the military are entitled to leave for military service and must be reinstated upon return.

Portland was $15.50 in 2025; Rockland was $15.50 in 2025. Both increased for 2026.

Portland: $16.75/hour as of January 1, 2026. Portland voters approved a ballot measure in November 2025, phasing in increases: $17.75 in 2027, $19.00 in 2028. After 2028, rates adjust annually with the CPI. Portland’s tipped minimum wage is $8.38/hour (50% of $16.75). Construction employers in Portland with multi-year projects should budget for this trajectory now. Source: Maine Morning Star.

Rockland: $16.00/hour as of January 1, 2026. The tipped minimum wage in Rockland is $8.00/hour. Rockland’s rate adjusts annually with the CPI for All Urban Consumers.

Agricultural workers: covered by the $15.10/hour state minimum wage as of January 1, 2026 (PL 2025, c. 232). Farm employers remain exempt from state overtime requirements.

Students: Students employed by the college or university where they are enrolled may be paid $7.61/hour.

Seasonal employees: Workers at seasonal employers for fewer than 60 days per year are exempt from minimum wage requirements.

Outside salespeople: Those meeting commission-based criteria may be exempt from minimum wage requirements.

Employees exempt from Maine’s minimum wage law include executive, administrative, or professional employees who are paid on a salary basis. As of January 1, 2025, the minimum salary for exempt employees must be at least $1,128 per week.

Maine is an at-will employment state, meaning employers can terminate employees for any reason (except for illegal discrimination) and without notice. Employees can also resign at any time. However, employees cannot be fired for discriminatory reasons, reporting unsafe work conditions, or filing workers’ compensation claims.

Maine does not have a Right-to-Work law. This means that union membership can be a requirement for employment in certain industries, and employees may be required to pay union dues even if they are not union members.

Employers in Maine can conduct background checks and drug testing, but they must comply with federal and state laws regarding privacy and discrimination. Employers must also provide notice to employees about the testing and obtain consent.

Effective September 24, 2025, employers with 10 or more employees must pay workers who show up for a cancelled shift. If the employer fails to give advance notice, they owe the lesser of two hours of pay or the pay for the remainder of the shift. (PL 2025, c. 418)

Maine law prohibits discrimination in employment based on various factors, including race, color, sex, sexual orientation, age, disability, religion, national origin, and familial status. This aligns with federal EEO laws.

Maine has laws that protect employees’ privacy rights. Employers cannot conduct surveillance or monitor employees without their consent in most situations. Employees have a reasonable expectation of privacy in their personal belongings and communications.

Maine’s Equal Pay Law mandates that employers pay men and women equally for comparable work. The law prohibits wage discrimination based on gender or race and requires employers to provide equal pay for equal work.

Employees in Maine have the right to form or join unions. Under 26 M.R.S.A. § 851-856, employers are barred from hiring strikebreakers during employee protests.

According to 26 M.R.S.A. §§ 839, it is illegal for employers to fire or threaten employees after employees report them for gross misconduct or violation of labor laws.