Odette CaplanWhen Maine enacted the Earned Paid Leave (EPL) Act in 2019 — effective January 1, 2021 — it became the first state in the country to require paid leave for any reason, not just illness. Most of the questions HR managers and employees ask about this law come down to the same core issues: who qualifies, how fast leave builds up, what counts as a valid reason to use it, and what happens when it's denied. This Q&A answers the ten questions that arise most often.
What exactly is Maine's Earned Paid Leave Act?
Maine's Earned Paid Leave Act (26 M.R.S. § 637) requires covered employers to allow employees to accrue one hour of paid leave for every 40 hours worked, up to a maximum of 40 hours (five days) per year. The leave may be used for any reason — illness, a personal errand, a family emergency, a vacation day. No justification is required. This is structurally different from traditional sick leave statutes, which restrict use to health-related absences.
Which employers must comply?
Employers with 10 or more employees in Maine are required to comply. The employee count is based on the number of individuals working for the employer within Maine, not the company's total global headcount. An employer headquartered in Massachusetts with 15 Maine-based employees is a covered employer for those 15 workers.
Seasonal employers, as defined by the MDOL, have modified obligations. Federal government employers and self-employed individuals are not covered. Agricultural employers may also have modified applicability depending on the nature of their operation.
How quickly does leave accrue?
Leave accrues at a rate of 1 hour per 40 hours worked. For a full-time employee working 40 hours per week, that is approximately one hour of EPL per week, or roughly five days of paid leave earned over the full calendar year. Part-time employees accrue at the same rate proportionally: a 20-hour-per-week employee earns one hour every two weeks.
How long must an employee wait before using EPL?
Employees must have worked for the employer for at least 120 days before they are eligible to use accrued EPL. This waiting period begins from the employee's start date with that employer. Employees accrue leave during this period; they simply cannot use it until the 120-day mark passes.
Can EPL be used for any reason, or are there restrictions?
The EPL Act permits use for any reason — there is no required justification. Employees may use EPL for personal illness, a child's school event, a home repair appointment, a vacation day, or a mental health day. An employer cannot ask the employee to explain why they are taking paid leave under the EPL Act, provided the request follows the employer's reasonable notice procedures.
What happens to unused EPL at the end of the year?
Unused EPL carries over to the following year. However, employers may cap usage at 40 hours per year regardless of how much leave has accumulated through carryover. In practice, this means an employee who carried over 40 hours and accrued another 40 during the new year may have 80 hours in their bank — but can only use 40 hours in that calendar year unless the employer chooses a higher cap.
Is EPL paid out when an employee leaves the job?
No. The EPL Act does not require employers to pay out accrued, unused EPL when employment ends. Whether leave is paid out upon separation depends entirely on the employer's written policy. If the policy is silent on this point, no payout is required under the EPL statute. Contrast this with states like California, where accrued vacation is treated as earned wages and must be paid out.
What can an employer NOT do under the EPL Act?
Employers are prohibited from:
- Retaliating against an employee for using or requesting EPL
- Requiring documentation for absences of fewer than three consecutive days
- Requiring the employee to find a replacement before they can take leave
- Denying accrued EPL to a qualifying employee who has met the 120-day waiting period
- Counting EPL use as an absence under an attendance policy in a way that results in discipline
À retenir: The prohibition on requiring replacement workers is particularly important in healthcare, retail, and food service, where managers commonly make informal demands that employees "cover their shift" before approving leave.
How does the EPL Act interact with an employer's existing PTO policy?
Employers who already maintain a Paid Time Off (PTO) or paid sick leave policy that meets or exceeds the EPL's accrual rate are deemed compliant — they do not need to create a separate EPL bucket. The existing PTO policy must satisfy the minimum accrual rate (1 hour per 40 hours) and the "any reason" use requirement. A sick-leave-only policy that restricts use to health-related absences does not satisfy the EPL Act's broader purpose.
How does an employee file a complaint if EPL is denied?
Employees who believe their EPL rights have been violated may file a complaint with the Maine Department of Labor's Bureau of Labor Standards. The complaint may be submitted online at maine.gov/labor or by mail. The MDOL investigates at no cost to the employee. Remedies include back pay for leave that should have been granted and reinstatement rights in retaliation cases.
For a full overview of Maine's labor protections — including minimum wage, overtime, and non-compete rules — see the Maine Labor Law dossier.
Disclaimer: This article provides general information about the Maine Earned Paid Leave Act and does not constitute legal advice. Consult a licensed Maine employment attorney or the Maine Department of Labor for guidance specific to your situation.
