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Earned Paid Leave

26 M.R.S. § 637 — one hour for every 40 worked, up to 40 hours a year, at more than 10 employees

An employer with more than 10 employees for more than 120 days in a calendar year lets each employee earn one hour of paid leave for every 40 hours worked, up to 40 hours in a year. It starts accruing on the first day, but the employer need not allow its use until the employee has worked there 120 days.

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Who handles this in Maine: legal aid programs and the state offices, listed in the Maine directory.

  • Unused leave carries into the next year.
  • Leave is paid at no less than the base rate before it, with the same benefits as other paid leave.
  • Absent an emergency, illness or other sudden need, the employee gives reasonable notice, and use is scheduled to avoid undue hardship to the employer.

Paid leave for a sick family member. An employer with 25 or more employees that offers paid leave lets an employee use it to care for an ill child, spouse or parent, and any limit it sets may not be fewer than 40 hours in a 12-month period.

Sources for this section (2)
  1. 26 M.R.S. § 637 — Earned paid leave
  2. 26 M.R.S. § 636 — Family sick leave

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maine attorney.

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