Mike Donohue Senior Media Manager – Northeast | Official Website
Mike Donohue Senior Media Manager – Northeast | Official Website
Draft revised rules for implementing the Maine Paid Family & Medical Leave (PFML) law have been released for public comment. The new draft shows improvements over the initial version but still presents challenges for small employers, according to Maine labor officials who reviewed over 1,000 comments from nearly 300 people.
Key provisions include determining whether an employer falls below the 15-employee reduced tax threshold based on their "established payroll in 20 or more calendar weeks" during the 12 months ending September 30th. This method aligns with how employment thresholds are determined under the unpaid Family & Medical Leave (FMLA) law.
Employers may need to justify using "undue hardship" when requesting that employees avoid scheduling leave at certain times. This requirement could deter small employers from exercising this provision.
Another change allows employers planning to substitute a private plan to apply starting April 1, 2025, rather than January 1, 2026. This adjustment reduces the period during which employers and employees contribute to the fund without refund before approval of an application.
Employers with private plans must provide "at least 10 weeks of aggregate leave" annually, compared to the mandatory 12 weeks for other employers. Previously, this aspect was unclear.
Additionally, employers will be informed both when an employee applies for paid leave and when it is approved or denied. The earlier draft only required notification upon initial application.
The National Federation of Independent Business (NFIB) plans to send further information and comments to its members. Public comments on these revised rules will be accepted until September 30th at 5 p.m., and can be submitted through the MDOL website.
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