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A leave of absence occurs when a supervisor grants an employee an extended period off from their work responsibilities to handle a significant and sometimes unexpected personal event. When an employee takes this time off from work, it's either paid or unpaid, depending on the circumstance and employers' preferences.
The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period.
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.
A leave of absence is authorized time away from work, often for special circumstances in an employee's life. A leave of absence may be paid or unpaid. Some laws cover certain instances of leave, such as jury duty and military service.
Under Maine law, only the unused accrued vacation time is required to be paid upon termination in cases where the employer's policy specifically states that the unused balance will be paid upon termination.
There is no paid family leave in Maine. While some businesses have disability insurance policies that allow for paid leave, there is no state mandated guarantee of paid leave. However, beginning in 2021, public and private employers with 25 or more employees will be required to provide paid leave.
Maine's governor recently signed H.P. 160 - L.D. 225, amending the state's final wages statute to require that all unused paid vacation accrued pursuant to the employer's vacation policy on and after January 1, 2023 must be paid to the employee on cessation of employment.
In California, employers are not required to provide any paid vacation or paid time off (PTO) to their employees. However, studies have shown that giving employees time off to relax benefits not only employees, but also employers.
1. Family medical leave entitlement. Every employee who has been employed by the same employer for 12 consecutive months is entitled to up to 10 work weeks of family medical leave in any 2 years unless employed at a permanent work site with fewer than 15 employees.
The law (ME Rev. Stat. tit. 26, § 637), enacted in 2019, allows Maine workers to accrue one hour of paid leave for every 40 worked, up to 40 total hours per year, to use for any reason after 120 days of employment.