General Earned Paid Leave FAQ's

The Bureau has compiled lists of frequently asked questions and answers from the Earned Paid Leave listening sessions held in the Fall of 2019, public comments received on the proposed Rules, public webinar sessions in 2020, stakeholder meetings, and conversations among the Maine Department of Labor staff.

The following information is general guidance based on hypothetical scenarios. It is not legal advice on any specific situation.

Individual cases must be analyzed and decided by the Bureau of Labor Standards (BLS).

Click on any of the drop downs listed below to view the general FAQs listed.

Seasonal Exemption

Answer: The Earned Paid Leave Law expressly exempts seasonal employees as defined by the Employment Security Act. 

The Unemployment Insurance Commission determines that certain industries are seasonal. A business that operates for fewer than 365 days a year does not necessarily make it seasonal for purposes of this law. Employers that have been determined seasonal by the Department will have two account numbers within the ReEmployME unemployment insurance system. One account number is for seasonal wages, and the other for non-seasonal. 

If the employer is within any such industry or the employer has submitted the required Determination of Seasonal Status report to the Bureau of Unemployment Compensation, setting forth the seasonal period for the applicable year, then the employees working only within that seasonal period will be exempt from coverage for Earned Paid Leave.

A list of seasonal industries and their seasonal periods.

Answer: The 120-day period starts from day one of employment, whether it is seasonal or non-seasonal. However, the employee would not accrue Earned Paid Leave during the established seasonal period.