Me. Rev. Stat. » Title 26
Maine Revised Statutes

Me. Rev. Stat. tit. 26, § 844 (2026)

Family medical leave requirement

✓ current as of May 2026
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1.  Family medical leave entitlement.  Except as provided in subsection 4, every employee who has been employed by the same employer for 12 consecutive months is entitled to up to 10 work weeks of family medical leave in any 2 years unless employed at a permanent work site with fewer than 15 employees. The following conditions apply to family medical leave granted under this subchapter:  
A. The employee must give at least 30 days' notice of the intended date upon which family medical leave will commence and terminate, unless prevented by medical emergency from giving that notice;   [PL 1987, c. 861, §§19, 20 (AMD).]
B. The employer may require certification from a physician to verify the amount of leave requested by the employee, except that an employee who in good faith relies on treatment by prayer or spiritual means, in accordance with the tenets and practice of a recognized church or religious denomination, may submit certification from an accredited practitioner of those healing methods; and   [PL 1991, c. 277, §1 (AMD).]
C. The employer and employee may negotiate for more or less leave, but both parties must agree.   [PL 1987, c. 661 (NEW).]
[PL 2021, c. 690, §1 (AMD).]
2.  Unpaid leave.  Family medical leave granted under this subchapter may consist of unpaid leave. If an employer provides paid family medical leave for fewer than 10 weeks, the additional weeks of leave added to attain the total of 10 weeks required may be unpaid.  
[PL 1991, c. 277, §1 (AMD).]
3.  Leave taken intermittently or on reduced leave schedule.  Intermittent or reduced leave schedule family medical leave may be taken subject to the following limitations:  
A. Leave for a reason described in section 843, subsection 4, paragraph B or C may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employer agree otherwise. Subject to subsection 1, paragraphs A and B, leave for a reason described in section 843, subsection 4, paragraph A, D or E may be taken intermittently or on a reduced leave schedule when medically necessary. The taking of leave intermittently or on a reduced leave schedule pursuant to this paragraph may not result in a reduction in the total amount of leave to which the employee is entitled under subsection 1 beyond the amount of leave actually taken.   [PL 2007, c. 233, §3 (NEW).]
B. If an employee requests intermittent leave, or leave on a reduced leave schedule, for a reason described in section 843, subsection 4, paragraph A, D or E that is foreseeable based on planned medical treatment, the employer may require such employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that:  
(1) Has equivalent pay and benefits; and  
(2) Better accommodates recurring periods of leave than the regular employment position of the employee.   [PL 2007, c. 233, §3 (NEW).]
[PL 2007, c. 233, §3 (NEW).]
4.  School employees.  Notwithstanding any provision of law to the contrary, an employee of a school administrative unit who has worked at least 900 hours in the previous 12-month period is eligible for family medical leave under the same terms and conditions as leave provided to eligible employees under the federal Family and Medical Leave Act of 1993.  
[PL 2021, c. 690, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 661 (NEW). PL 1987, c. 861, §§19,20 (AMD). PL 1991, c. 277, §1 (AMD). PL 1997, c. 515, §1 (AMD). PL 2007, c. 233, §§2, 3 (AMD). PL 2021, c. 690, §§1, 2 (AMD).
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Notes of Decisions
Cited in 10 cases, 2003–2019 · leading case: Carlson v. Rent-A-Ctr., Inc., 237 F. Supp. 2d 114 (D. Me. 2003).
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Carlson v. Rent-A-Ctr., Inc., 237 F. Supp. 2d 114 (D. Me. 2003). “] 26 M.R.S.A. § 844(1). Carlson testified at his deposition that in August 2000 Rent-A-Center decreased the number of employees at the Sanford store where he worked from nine to seven.”
Colburn v. Parker Hannifin/Nichols Portland Div., 355 F. Supp. 2d 566 (D. Me. 2005). “26 M.R.S.A. § 844(1). 6 . For purposes of the state statute, this period also exceeds the 10 consecutive weeks provided.”
Carnicella v. Mercy Hosp., 168 A.3d 768 (Me. 2017). “See 26 M.R.S. § 844 (2016). The letter also stated: “Once you are ready to return to work, have your Physician fax .”
Beth Carnicella v. Mercy Hosp., 2017 ME 161 (Me. 2017). “See 26 M.R.S. § 844 (2016). The letter also stated: “Once you are ready to return to work, have your Physician fax .”
Bailey v. Dal Global Servs. LLC (D. Me. 2019). · cites it 2× “” 26 M.R.S. § 844(1). To ensure this guarantee, the MFMLR prohibits an employer from “interfer[ing] with, restrain[ing] or deny[ing]” an employee’s appropriate attempt to exercise the rights provided by the MFMLR.”
Smart v. Cent. Maine Long Term Care Inc. (Me. Super. Ct 2010). · cites it 2× “" 26 M.R.S.A. § 844 (l)(A). As there is little Maine law on point, the court can "look to analogous federal statutes, regulations, and case law for guidance" in interpreting the MFMLA.”
Carnicella v. Mercy Hosp., 168 A.3d 768 (Me. 2017). “See 26 M.R.S. § 844 (2016). The letter also stated: “Once you are ready to return to work, have your Physician fax .”
Carnicella v. Mercy Hosp., 168 A.3d 768 (Me. 2017). “See 26 M.R.S. § 844 (2016). The letter also stated: “Once you are ready to return to work, have your Physician fax .”
Paraskevopoulos v. Cent. Maine Med. Ctr. (D. Me. 2019). “, and the Maine Family Medical Leave Requirements law (“MFMLR”) 26 M.R.S.A. § 844. See Defendant’s Partial Motion for Summary Judgment (“Motion”) (ECF No.”
Makowski v. Maine Standards Co., LLC (Me. Super. Ct 2017). “See 26 M.R.S. § 844(2); 29 U.S.C. § 2612 (c), (d)(l), (d)(2)(A).”
Me. Rev. Stat. tit. 26, § 844(1): 3 cases
Carlson v. Rent-A-Ctr., Inc., 237 F. Supp. 2d 114 (D. Me. 2003). “] 26 M.R.S.A. § 844(1). Carlson testified at his deposition that in August 2000 Rent-A-Center decreased the number of employees at the Sanford store where he worked from nine to seven.”
Colburn v. Parker Hannifin/Nichols Portland Div., 355 F. Supp. 2d 566 (D. Me. 2005). “26 M.R.S.A. § 844(1). 6 . For purposes of the state statute, this period also exceeds the 10 consecutive weeks provided.”
Bailey v. Dal Global Servs. LLC (D. Me. 2019). “” 26 M.R.S. § 844(1). To ensure this guarantee, the MFMLR prohibits an employer from “interfer[ing] with, restrain[ing] or deny[ing]” an employee’s appropriate attempt to exercise the rights provided by the MFMLR.”
Me. Rev. Stat. tit. 26, § 844(1)(A): 1 case
Bailey v. Dal Global Servs. LLC (D. Me. 2019). “” 26 M.R.S. § 844(1). To ensure this guarantee, the MFMLR prohibits an employer from “interfer[ing] with, restrain[ing] or deny[ing]” an employee’s appropriate attempt to exercise the rights provided by the MFMLR.”
Me. Rev. Stat. tit. 26, § 844(2): 1 case
Makowski v. Maine Standards Co., LLC (Me. Super. Ct 2017). “See 26 M.R.S. § 844(2); 29 U.S.C. § 2612 (c), (d)(l), (d)(2)(A).”
Me. Rev. Stat. tit. 26, § 844(l)(A): 1 case
Smart v. Cent. Maine Long Term Care Inc. (Me. Super. Ct 2010). “" 26 M.R.S.A. § 844 (l)(A). As there is little Maine law on point, the court can "look to analogous federal statutes, regulations, and case law for guidance" in interpreting the MFMLA.”
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