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EMPLOYEE RIGHTS AND RESPONSIBILITIES

UNDER THE FAMILY AND MEDICAL LEAVE POLICY

FOR EMPLOYEES OF MAINE STATE GOVERNMENT

 

The Maine State Government Family & Medical Leave Policy provides additional rights to those provided under the federal Family and Medical Leave Act.  This notice should be read in conjunction with the Employee Rights and Responsibilities under the Family and Medical Leave Act in order to understand the rights and responsibilities of employees of the Executive Branch of Maine State government.

 

Basic Leave Entitlement

·        Leave is also provided for the birth, adoption or foster care placement of an employee’s domestic partner’s child;

·        Leave is also provided for an employee to care for a domestic partner,  sibling (as defined in the MSGFML), or domestic partner’s son or daughter who has a serious health condition;

·        Leave is also provided when an employee donates an organ for a human organ transplant.

 

Military Family Leave Entitlements

Employees may also take either type of military family leave for a domestic partner or sibling (as defined in the MSGFML).

 

Employees may also take 15 days leave if the employee is the spouse, domestic partner or parent of a servicemember who is deployed for military service for a period lasting longer than 180 days when the duty assignment is in a combat theater or in an area where armed conflict is taking place.

 

Eligibility Requirements

A full-time Maine State government employee is eligible for leave under the MSGFML after being employed by the state for one year.  Methods for computing time for employees who are not full-time are contained in the Family and Medical Leave Policy for Employees in Maine State Government.  There is no hourly requirement.

 

Substitution of Paid Leave for Unpaid Leave

Maine State government employees may choose to use accumulated vacation, compensatory time or personal leave as FML.  If an employee has accumulated sick leave, it must be used as FML before the employee will be placed on unpaid FML.

 

Enforcement

For any of the provisions covered by MSGFML that are not covered under the federal Family Medical Leave Act, an employee may file a complaint with the Bureau of Human Resources.  In some instances, private lawsuits can be brought under State law.