Intro to Maine Labor Laws

As previously reported here, eligible employees in Maine will be able to begin using benefits under the state's Paid Family and Medical Leave (PFML) program. Employees who have worked for an employer for at least 120 consecutive calendar days - before taking leave - will be entitled to job protection while they are out on leave.

Employers in Maine also have PFML notice and posting requirements. Businesses must provide all new hires with a written PFML notice within 30 days of hire, in the employee's primary language. Employers must also display an official PFML poster in a visible workplace location in English and in any other language that is the primary language of at least three employees, if that version is available from the Maine Department of Labor.

Employers will want to review their onboarding process to ensure PFML notices are provided at hire and within the required timeframe. Employers will also want to confirm that the official workplace poster is displayed in all required languages. Employers will want to ensure that they also update the company's handbook and leave policies to include information on Maine's PFML program.

Maine has enacted LD 61(opens in a new tab), establishing new restrictions on employer surveillance and mandatory notice requirements. The law applies to all Maine employers, regardless of size, and broadly regulates electronic monitoring of employees and certain contract workers. The law establishes a three-tiered notice system: at the interview stage, pre-implementation, and via annual certification. Importantly, Maine now grants employees the right to refuse the installation of tracking or data-collection software on personal devices, effectively requiring employers to provide company hardware if monitoring is required.

Employers that use permissible surveillance must notify applicants during the interview process and provide written notice to employees at least annually. Violations may result in civil penalties.

Employers should review current monitoring practices, update policies and onboarding materials, and implement required notice procedures ahead of the effective date.

Maine’s Earned Paid Leave (EPL) rules were recently updated to clarify accrual and carryover limits. Under the revised law, employees must be allowed to carry over up to 40 unused hours from the prior year without affecting their current year’s accrual—allowing a potential maximum balance of 80 hours. While the law requires carryover, employers may implement a usage cap of 40 hours per year. Maine employers are advised to review and update their EPL policies, systems, and employee communications to ensure compliance with the new rules.

Maine has passed a new wage transparency law, adding the state to the growing list of jurisdictions requiring salary ranges and wage information in job postings. The law will apply to employers with 10 or more employees, and will require employers to include a good faith wage or salary range in all job postings. Employers must also maintain records of each employee’s positions held and pay history during employment and for three years after termination.

Maine employers will want to ensure that they review their current job posting templates, review their recruitment processes, update job templates to include salary ranges, and recordkeeping systems to ensure they meet the requirements under this new law.

A new Maine law, effective September 24, 2025, requires most employers with 10 or more employees to provide "show-up pay" to employees whose scheduled shifts are canceled or reduced. The law mandates that if an employee reports for a shift that is then canceled or shortened, they must be paid for at least two hours at their regular rate. This applies unless there is an exception, such as a natural disaster or an employee's illness. Employers should update their policies to comply with the new law and review their procedures for notifying employees of schedule changes.

As reported previously, beginning January 1, 2025, employer and employee payroll tax contributions to the Maine Paid Family and Medical Leave program will commence. Payroll contribution rates may vary based on employer size. Benefits will be available to eligible employees on May 1, 2026. Justworks PEO customers who are liable will see these contributions automatically deducted from their invoices and employee paystubs starting in the new year.