Bereavement Leave in Maine
No state law requires bereavement leave in Maine
Maine has no state law requiring employers to provide bereavement leave. However, Maine does have a paid leave law (effective 2021) requiring employers with 10 or more employees to provide up to 40 hours of paid leave per year that can be used for any reason, including bereavement.
What are your options?
Maine's earned paid leave law requires employers with 10 or more employees to provide up to 40 hours of paid leave per year for any reason, which includes bereavement. Check with your employer about your accrued paid leave balance. You may also use PTO or vacation time, or request additional unpaid time off.
Bereavement leave in Maine: what you need to know
Maine has no standalone bereavement leave law, but the state's paid sick leave law (earned paid leave) provides a meaningful safety net. Maine requires employers with 10 or more employees to provide up to 40 hours of earned paid leave per year that can be used for any reason, including bereavement. This makes Maine one of the more worker-friendly states for bereavement despite not having a dedicated law.
Maine's earned paid leave law is unusually flexible because it does not restrict the reasons for which leave can be used. Unlike sick leave laws in other states that define specific qualifying circumstances, Maine's law simply provides earned paid time off. This means bereavement use is unambiguously covered, with no need to argue that grief qualifies as a health condition.
Maine's economy is anchored by healthcare (MaineHealth, Northern Light Health), tourism, fishing and aquaculture (particularly lobster), forestry and paper, and a growing technology sector in the Portland area. Workers in Portland and southern Maine generally have access to competitive benefits including employer-provided bereavement leave beyond the state-mandated earned paid leave.
Maine state employees have bereavement leave provisions under collective bargaining agreements. MSEA-SEIU-represented state employees typically receive bereavement leave for the death of immediate family members. The University of Maine system has its own leave policies.
Maine's rural northern and western communities rely heavily on small employers in forestry, agriculture, and tourism where formal bereavement policies may not exist. Workers in these areas should be aware of the earned paid leave law, which applies to all employers with 10 or more employees and provides a legal right to paid time off for any reason, including bereavement.
Maine's aging population means that bereavement is statistically more common for Maine workers than for workers in younger states. The state has the highest median age in the nation, and many workers are caring for elderly parents or have already experienced the loss of parents and older family members. Maine's earned paid leave law provides a practical safety net, and the absence of restrictions on the reason for use means the leave is available without justification. This simplicity is one of the law's greatest strengths.
More Maine workplace laws
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Frequently asked questions about bereavement leave in Maine
Yes. Maine's earned paid leave law allows the time to be used for any reason. You do not need to specify bereavement as the purpose, and your employer cannot deny the request based on the reason. The law applies to employers with 10 or more employees.
Maine employees earn one hour of paid leave for every 40 hours worked, up to 40 hours per year. Employers can provide more. If you have recently started a job, your available balance depends on how many hours you have worked.
Maine state employees typically have bereavement leave provisions in their MSEA-SEIU contracts. The specific terms vary by bargaining unit. Contact your union representative or agency HR for details.
Maine's lobster industry includes many self-employed fishermen and small operations. The earned paid leave law applies to employers with 10 or more employees, which may exclude many fishing operations. Self-employed fishermen have no employer-provided leave protections.
Yes. Seasonal workers earn paid leave based on hours worked, the same as year-round employees, as long as the employer has 10 or more employees. However, accrual resets may apply depending on the gap between seasons.