Maine’s Paid Family and Medical Leave (PFML) program is entering its final implementation phase, triggering immediate compliance and readiness considerations for employers.
- Benefits begin: Employees become eligible for PFML benefits effective May 1, 2026.
- Applications open: Employees may submit PFML applications as of March 30, 2026, for leave beginning on or after May 1.
With the benefit start date approaching and applications now being accepted, Maine employers should promptly review their leave policies, administrative procedures, and benefit‑coordination practices to ensure compliance with the PFML program.
Coverage
Most Maine employees will qualify for PFML as long as they meet the state’s earnings threshold, which currently is at least $7,188 during the applicable base period (the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual’s benefit year).
PFML can be taken for the following qualifying reasons:
- bonding with a new child
- caring for a family member with a serious health condition
- managing the employee’s own serious health condition
- addressing certain military‑related family needs
- or seeking safety related to abuse or violence
The program provides employees up to 12 weeks of leave in a 12‑month “benefit year,” and leave may be taken on a continuous or intermittent basis.
PFML is also intended to run concurrently with federal FMLA and Maine’s own FMLA. As a result, in most cases, unpaid FMLA leave taken in the 12-month period prior to an employee’s taking PFML will reduce the amount of PFML available to the employee.
Aflac to Administer Maine PFML Claims
As with many state paid family and medical leave programs, Maine allows employers either to participate in the state‑run program or to maintain a private plan offering equivalent benefits. For employers participating in the public program, the State has contracted with Aflac to administer all PFML claims. Employees will submit PFML applications through the Maine Paid Leave Portal, and Aflac will be responsible for reviewing claims, determining eligibility, and calculating benefit amounts. Employers will be notified of employee applications through the Aflac Employer Portal and may be asked to provide additional information related to the employee’s claim. Employers can access the Aflac PFML portal through the Maine PFML Portal.
While Aflac makes all benefit determinations, employees are still required to provide timely notice of their anticipated leave to their employer—ideally at least 30 days in advance for foreseeable leave and as soon as practicable for unforeseeable or emergency leave.
Maine Paid Leave Portal Access
Employers should take the following steps to ensure timely access to Maine’s PFML systems:
- Confirm your business is registered through the Maine Paid Leave Portal and you are making required PFML contributions.
- Access the connected Aflac Employer Portal to track PFML applications and respond to requests for information.
- Designate one Claim Contact for the entire Company. Aflac will send all claim-related notifications to the email address associated with that individual.
- Grant portal access to additional employees as needed.
- Complete registration and access the PFML portals before May 1 to avoid delays once benefits begin.
Coordinating PFML and Company Benefits
Maine’s PFML program provides partial wage replacement subject to a maximum weekly benefit amount set annually by the state each July 1. The current maximum weekly benefit, effective through June 30, 2026, is $1,198.
Employers may allow employees to use PTO, salary continuation, or short‑term disability benefits to supplement (“top up”) their PFML benefit, but total compensation may not exceed 100% of the employee’s regular pay. Note: Responsibility for ensuring compliance – and avoiding overpayments – rests with the employer, not the state.
Employers should assess how paid time off, salary continuation, and disability benefits interact with PFML requirements to ensure compliance and avoid overpayments. Coordinating these programs can be challenging, particularly where programs have different eligibility rules, benefit structures, and administrative processes.
Benefit Accrual During PFML
During PFML leave, employees must be treated as though they remain actively employed for purposes of benefit accrual, eligibility, and participation. Employers may not pause or reduce benefit accruals or eligibility during the leave period. As a result, employees must:
- continue to accrue PTO, vacation, sick time and other time off benefits;
- continue to earn bonuses, advancement opportunities, seniority, and service credit; and
- maintain participation in all employer benefit plans or programs.
Requiring accrual of paid time off benefits while taking PFML is a critical compliance consideration and distinguishes Maine’s PFML law from other state paid family and medical leave programs. Because many employers do not currently provide for accrual of PTO, vacation, or sick leave during periods of leave, compliance with Maine PFML may require changes to existing leave policies, payroll practices, and benefit administration procedures.
Undue Hardship – Timing of Leave
Maine’s PFML program is also unique in allowing employers to raise “undue hardship” concerns based solely on the timing of a requested leave – not the employee’s underlying eligibility. Undue hardship exists only when the timing of PFML creates a significant expense or substantially disrupts business operations, and accordingly is expected to apply in limited circumstances. Employers must raise undue hardship concerns with the employee and Aflac in writing within 10 business days of an employee’s PFML application. If an employer has no objection to the timing of an employee’s PFML, they may waive the right to raise undue hardship and the corresponding 10-business day period afforded to employers.
Employers must also consider whether employees are eligible for other forms of job-protected leave that do not permit employers to assert undue hardship (e.g., federal FMLA, Maine FMLA). In those instances, the undue hardship option will not be available.
Key Takeaways for Employers
With Maine PFML benefits set to begin on May 1, 2026, employers should take the following steps now to ensure compliance and operational readiness:
- Confirm employee coverage and understand qualifying leave reasons and benefit limits.
- Register for the Maine Paid Leave Portal and the connected Aflac Employer Portal, and designate an appropriate Claim Contact.
- Review leave policies, payroll practices, and benefit programs to ensure proper coordination with PFML.
- Review and, if necessary, revise paid time off policies (including PTO, vacation, and sick leave policies) and adjust payroll procedures to ensure that accrual continues properly during PFML.
- Train human resources personnel and managers on notice requirements, claim workflows, and the interaction between PFML, federal FMLA, Maine FMLA, and company paid time off.
Early preparation will help employers manage employee leave requests effectively, reduce compliance risk, and minimize disruption as Maine’s PFML program becomes fully operational. We recommend companies reach out to their Seyfarth contact with any questions or for assistance with developing or revising policies or practices.
To stay up-to-date on paid leave developments, click here to sign up for Seyfarth’s Paid Leave mailing list. Companies interested in Seyfarth’s paid family leave laws survey should reach out to paidleave@seyfarth.com.
“With approximately 900 lawyers across 17 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide.”
Please visit the firm link to site
