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Maine's Earned Paid Leave law is in effect as of January 1st, 2021 (Public Law 2019 Ch. 156, An Act Authorizing Earned Employee Leave). This law establishes a minimum standard for paid time off in the State of Maine.
Maine's governor just signed a new law, which takes effect January 1, 2023, that amends the state's wage statute to require employers to pay out employees for accrued, unused vacation upon termination.
Employers may not discriminate against an employee for inquiring about, disclosing, comparing or otherwise discussing the employee's wages with others.
Employees accrue 1 hour of Earned Paid Leave for every 40 hours worked, up to 40 hours in a defined year. Employees can use their accrued Earned Paid Leave for any reason such as an emergency, illness, sudden necessity, planned vacation, etc. Employees can use up to 40 hours of leave in any defined year.
Employers must offer employees a consecutive 30-minute unpaid or paid rest break after 6 hours worked. An employee may waive his or her right to a rest break (preferably in writing).
Maine Law: Meal Breaks Required In Maine, employers must allow employees to take a 30-minute meal break after working for six consecutive hours, except in cases of emergency. This time is unpaid, unless the employer chooses to pay employees for breaks.
The second type is for employees (commonly referred to as exempt) whose primary job duties meet the Executive, Administrative or Professional exemptions established in 26 MRS §663 (K). These employees are paid a predetermined fixed amount regardless of the hours worked.
Maine requires that employees receive a ½ hour meal break, after 6 consecutive hours of work, except in cases of emergency and except where the nature of their work allows employees frequent breaks during workday.
In Maine, an employee may not be required to work more than six consecutive hours without a rest break of at least 30 minutes. 26 M.R.S.A. §601. The break time does not have to be paid time; an employee may be required to punch out for his break.
Shorter breaks are common but not required by law. Shorter breaks or pauses away from performing duties must be paid and cannot be deducted from the employee's time worked.