Minimum Wage

Maine’s current minimum wage is $7.50. Maine Rev. Stat. 26.7.664. Some exceptions apply to Maine’s minimum wage requirements.

An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25. See FLSA: Minimum Wage.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage. In most instance in Maine, the state minimum wage law will apply as it generally guarantees a higher wage rate for employees than federal law.

Overtime

Maine requires employers to pay employees overtime at a rate of 1½ time their regular rate when they work more than 40 hours in a workweek, unless otherwise exempt. Maine Rev. Stat. 26.664. See FLSA: Overtime for more information regarding overtime requirements.

Meals and Breaks

Maine employers must give employees the opportunity to take an unpaid rest break of thirty (30) consecutive minutes after six (6) hours worked if three (3) or more people are on duty. An employee and employer may negotiate for more or less breaks, but both must agree (this should be put in writing). According to federal law, if an employer grants a non-meal rest break (usually twenty (20) minutes or fewer), the break must be paid. Maine Rev. Stat. 26.7.601.

Vacation Leave

In Maine, employers are not required to provide employees with vacation benefits, either paid or unpaid. Maine Dept. of Labor FAQs. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. See Rowell v. Jones & Vining, Inc., 524 A.2d 1208 (1987).

An employer may lawfully establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment. Maine Dept. of Labor FAQs; See Rowell v. Jones & Vining, Inc., 524 A.2d 1208 (1987).

An employer may also lawfully establish a policy or enter into a contract disqualifying employees from payment of accrued vacation upon separation from employment if they fail to comply with specific requirements, such as giving two weeks notice or being employed as of a specific date of the year. Maine Dept. of Labor FAQs; See Rowell v. Jones & Vining, Inc., 524 A.2d 1208 (1987).

An employer is required to pay accrued vacation to an employee upon separation from employment if its policy or contract requires it. Maine Dept. of Labor FAQs; See Rowell v. Jones & Vining, Inc., 524 A.2d 1208 (1987).

An employer is not required to pay accrued vacation leave upon separation from employment if the employer’s established policy or employment contract is silent on the matter. Maine Dept. of Labor FAQs; See Rowell v. Jones & Vining, Inc., 524 A.2d 1208 (1987).

An employer may cap the amount of vacation leave an employee may accrue over time. Maine Dept. of Labor FAQs; See Rowell v. Jones & Vining, Inc., 524 A.2d 1208 (1987).

An employer may implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it. Maine Dept. of Labor FAQs; See Rowell v. Jones & Vining, Inc., 524 A.2d 1208 (1987).

Sick Leave

Maine law does not require employers to provide employees with sick leave benefits, either paid or unpaid. Maine Dept. of Labor FAQs. An employer in Maine may be required to provide an employee unpaid sick leave in accordance with Maine’s Family and Medical Leave Requirements and the federal Family and Medical Leave Act or other federal laws.

Holiday Leave

Maine law does not require employers to provide employees with either paid or unpaid holiday leave. Maine Dept. of Labor FAQs. In Maine, an employer can require an employee to work holidays. An employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.

Jury Duty Leave

An employer is not required to pay an employee for responding to a jury summons or serving on a jury.

An employer may not discharge, penalize, threaten, deny health insurance coverage to, or otherwise coerce an employee who receives and/or responds to a jury summons or who serves on a jury.
Maine Stat. 14:1218

Voting Leave

Maine does not have a law which requires an employer to grant its employees leave, either paid or unpaid, to vote.

Severance Pay

Maine law does not generally require employers to provide employees with severance pay. Typically, if an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract.

However, if an employer closes or relocates an industrial or commercial facility that has employed 100 or more employees in the preceding 12 months, it must pay severance to each affect employee. The severance for each employee must be paid at a rate of one week’s pay for each year the employee was employed at the facility. Maine Rev. Stat. 26.625-B.