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: Yes. Accrued and unused hours of Earned Paid Leave carried forward from the previous year of employment may not reduce the total amount of hours of paid leave an employee is entitled to earn in the present year, up to 40 hours or the accrual limit specified in the employer’s policy governing paid leave, whichever is higher.

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 40 additional hours of Earned Paid Leave or the accrual limit specified in the employer’s policy governing paid leave, whichever is higher, regardless of how much leave the employee uses in the current year.

Answer: Yes. Accrued and unused hours of Earned Paid Leave from the previous year must be available for use by an employee in the year of employment immediately following the previous 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.