Key to remember:
Maine DOL publishes final rules
12/23/2024
Some noteworthy changes
Earlier this month, the Maine Department of Labor (DOL) published a final rule implementing the state's new paid family and medical leave (PFML) law that takes effect on January 1, 2025. Here is a rundown of parts of the final rule compared to the proposed one.
| Proposed rule | Final rule |
Employees covered | Employees must earn at least six times the state average weekly wage for prior quarters. | Employees are covered if they earn wages as calculated for unemployment purposes. The law still includes the provision for six times the state average weekly wage. Volunteers are not covered. |
Intermittent/reduced schedule leave | Intermittent and reduced schedule leave may be taken by the covered individual in increments of not less than a scheduled workday. | No changes. |
Pregnancy eligibility | If the employee is eligible at the start of leave for pregnancy and recovery from childbirth, the employee remains eligible to bond with the child immediately following the medical leave. | No changes. |
Affinity relationship individual once per year | Employees taking leave to care for an individual with whom they have an "affinity relationship" are limited to one such designated individual per benefit year. | Changed to "significant personal bond." No limitation of one designation per year. |
Child | Not defined, no age limit. | No changes. |
Job protections after 120 days | Employees have job protections only if they have worked for their employers for at least 120 consecutive calendar days before leave began. | No changes. |
Concurrency with federal FMLA | Employers may run PFML concurrently with federal FMLA leave. | PFML may run concurrently with FMLA. |
Written notice of the need for leave | Employers may not require written notice of the need for leave. | Employers may require written notice. |
Private or self-insured plans | Employers must meet certain criteria that the state DOL would use to determine whether a private fully insured or self-insured plan is substantially equivalent. | Employers must apply for private plans by April 1, 2025, instead of January 1, 2026, as proposed. |
The final rule also included some added information:
- Employees with "good cause" get additional time to apply for benefits.
- Businesses may claim an "undue hardship" and deny claims if employees do not provide advance notice.
- Employees do not receive benefits for the first seven calendar days of leave.
The Maine PFML rule has several changes employers should become aware of.
This article was written by Darlene M. Clabault, SHRM-CP, PHR, CLMS, of J. J. Keller & Associates, Inc. The content of these news items, in whole or in part, MAY NOT be copied into any other uses without consulting the originator of the content.
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