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.

Rollover of Unused Earned Paid Leave

Answer: No. If the employee rolls over 40 hours of unused accrued Earned Paid Leave from one year to the next, the employee will not accrue any additional hours until the following year, but only if the employee rolls over less than 40 hours. If an employer provides additional leave, that is at their discretion.

Example: An employee rolls over 8 hours of unused accrued Earned Paid leave from the previous year. In the present year, the employee is only entitled to accrue up to 32 additional hours of Earned Paid Leave, regardless of how much leave the employee uses in the current year.

Answer: An employer is not obligated to roll-over unused leave from one year to the next if they front-load 40 hours of Earned Paid Leave each year.

Answer: Yes, this is one of the few circumstances in which a deduction may be made from a paycheck.  The terms of employment or the employer’s established practice must include provisions for front-loaded leave if taken before it is earned. This leave may be pro-rated and deducted from a final paycheck.