EARNED PAID LEAVE ADMINISTRATIVE PROCEDURE

EPL is not in addition to any other PTO earned. It is encompassed in the sick pay (Sick/EPL) to ensure the minimum standards of this law.

This procedure implements Maine’s Earned Paid Leave (EPL) Law, 26 MRSA §637. The law takes effect January 1, 2021.

This law requires most Maine employers– including school units– with more than 10 employees to provide earned paid leave that is accrued based on hours worked. EPL may be used for any purpose.

The law applies as of January 1, 2021 to non-unionized school unit employees.

For unionized employees covered by a collective bargaining agreement that addresses paid time off, the law does not apply until the expiration of the current collective bargaining agreement. Accordingly, unionized employees should refer to the provisions for paid leave in the collective bargaining agreement and follow the school unit’s procedures for requesting and/or accounting for paid leave.

A.  ACCRUAL OF EARNED PAID LEAVE

1.  Effective (beginning) January 1, 2021, employees shall accrue one hour of EPL for every 40 hours worked, beginning with the first day of employment, up to a maximum of 40 hours per year.

Exempt employees, e.g., teachers and administrators, will be presumed to work 40 hours per week.

2. The designated year for purposes of accrual and use of earned paid time off shall be the contract year (ie: July to June for Year round staff and September to August for school year staff)

3.  For business office accounting purposes, depending on an employee’s regularly scheduled hours, up to40 hours of EPL time may be “front-loaded” into the school unit’s payroll/personnel benefits accounting system for some employees for ease of administration.

B.  ALLOWABLE USES AND NOTICE REQUIREMENTS

1.  EPL leave may be used for any purpose. Notice requirements will differ between leave for planned purposes and leave for unplanned/emergency purposes.

a. Planned Purpose:  Employees shall provide at least 7 days advance written notice to their supervisor to use EPL for a purpose that can be planned. (ie: planned medical procedure)

In general, planned EPL should not be used for more than two (2) consecutive work days. Planned EPL cannot be used on the days immediately before and/or after a holiday or vacation period, or on any other days determined by the employee’s supervisor to conflict with the school unit’s operational needs.

b. Unplanned/ Emergency Purpose:  EPL may be used for an emergency, illness or injury, or other sudden necessity for which the employee does not have advance notice; is beyond the employee’s control to schedule; and is otherwise unforeseeable. Examples include, but are not limited to, sudden illness or injury; family emergency, unanticipated child care. In such cases, the employee is required to notify his/her supervisor as soon as practicable in the circumstances.

Any use of such EPL shall run concurrently with any other type of paid leave for which the employee is eligible (such as sick, personal or vacation leave).

C. CARRYOVER

Employees can carry over up to 40 hours from one defined year to the next.

D. SEPARATION FROM EMPLOYMENT

Earned paid leave will not be paid out upon separation of employment, and it may not be used to extend an employee’s employment beyond the last day actually worked.

Reference: https://www.maine.gov/labor/labor_laws/earnedpaidleave/

Adopted: 4-8-2025