Maine

Staying healthy at work while you are pregnant is sometimes challenging: you may be dealing with morning sickness, back pain, or doctor’s appointments every few weeks. For women who have experienced a miscarriage, you may need time off for recovery. U.S., Maine, and local laws can help you stay healthy at work, give you time off when you need it, and protect you from pregnancy discrimination.

Pregnancy Discrimination 

• The Pregnancy Discrimination Act makes it illegal for any employer in the U.S. with 15 or more workers to treat employees unfairly because they are pregnant, trying to get pregnant, or have experienced pregnancy loss. That means:
  • Your boss can’t fire you or cut your hours when they find out that you’re pregnant or trying to get pregnant—you have the right to keep working as long as you can still do your job. You also have the right to be free from harassment at work because you are pregnant.
  • If your employer asks you about your pregnancy or plans to have children in a job interview, that may be evidence of pregnancy discrimination.
  • Your employer can’t treat you differently from other workers just because you are pregnant or have had a miscarriage. In 2015, the Supreme Court decided a case where it clarified what this means. The Court said that employers may not put a “significant burden” on pregnant employees. How do you know what’s a significant burden? Start looking around at how your employer treats other non-pregnant employees who have needed an accommodation at work. For example, does your employer have a policy of giving light duty only to those with on-the-job injuries? Or did they have no problem helping out folks with non-pregnancy related disabilities, but sent all the pregnant women out onto unpaid leave? If so, this could be evidence of pregnancy discrimination. It’s best to collect all the evidence you can (policies, employee handbooks or manuals, digging around to find out how others have been treated) and to discuss your particular situation with an attorney.
• The Maine Human Rights Act also bans discrimination based on pregnancy and medical conditions which can result from pregnancy. It covers all employers, regardless of size.

Workplace Accommodations

If you need changes at work to stay healthy on the job, the laws below can help. In addition, click the green button to learn how to talk with your boss about your pregnancy and request an accommodation if you need one.

• Under the Maine Act to Protect Pregnant Workers, if you need a “reasonable accommodation” because of your pregnancy or childbirth, your employer has to give it to you unless it would be really difficult or expensive (an “undue hardship”). This means:
  • Your boss can’t fire you because you asked for a chair to sit on or light duty while you are pregnant—they have to give you what you need to stay healthy at work, unless your employer can show that it would seriously harm the business.
  • Examples of accommodations explicitly covered by the law include providing more frequent or longer breaks; temporary modification in work schedules, seating, or equipment; temporary relief from lifting requirements; temporary transfer to less strenuous or hazardous work; and provisions for lactation.
  • For more information about your rights under this law, see here.
• As of January 1, 2021, if you are covered under Maine’s Earned Paid Leave law, you may be able to use your accrued paid time off for medical needs while pregnant, e.g., for a prenatal appointment. For more information on this law, see the “Caring for Your Own Medical Needs” tab.
• Maine law also states that employers cannot treat pregnant workers “in a different manner from other employees who are not able to work because of other disabilities or illnesses.” According to the Maine Human Rights Commission, this means that if your employer generally permits accommodations for other impaired workers, they have to accommodate pregnant workers equally.
• If you are not covered by Maine law (for example, if you live in Maine but work in a different state), there is another federal law that may help you. The Americans with Disabilities Act makes it illegal for employers in the U.S. with 15 or more employees to discriminate against workers with disabilities. Some pregnancy-related conditions, such as preeclampsia or gestational diabetes, are considered disabilities under the law. This means:
  • Your boss cannot fire you, refuse to give you a promotion, or harass you because you have a pregnancy-related disability.
  • If you have a pregnancy-related disability, your boss cannot refuse to give you small changes at work that you need to stay healthy, like breaks to take medication, temporary relief from heavy lifting, or a stool to sit on during your shift. These changes are called “reasonable accommodations” and are available as long as you can still complete the basic duties of your job with those changes. Your boss does not have to give you an accommodation that would be very difficult or expensive, like building a whole new office.
  • Although pregnancy, by itself, is not considered a “disability,” some conditions of pregnancy may be disabilities so check with a lawyer to see whether you have a right to an accommodation at work.
• The Maine Human Rights Act also bans disability discrimination and covers almost all employers, regardless of size.
• If you are covered by the Family and Medical Leave Act (FMLA), you have the right to take time off during pregnancy or after experiencing a miscarriage without losing your job. You may have similar rights under the Maine Family and Medical Leave Act (MFMLA). See the “Time Off for Childbirth and Bonding” section under the next tab for more information on these laws and see this guide to your workplace rights around miscarriage.
• The Maine Act to Protect Pregnant Workers (see above) may also give you the right to unpaid, job-protected time off work as a “reasonable accommodation.”

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

The U.S. is one of the only countries in the world with no national law guaranteeing women the right to paid leave for childbirth. However, you may have the right to unpaid leave during pregnancy, childbirth, and to bond with a new child. You may have additional rights under state and/or local laws. See the “Caring for Your Own Medical Needs” or “Caring for a Loved One” tabs for more information.

Unpaid, Job-Protected Leave 

The law may protect your job while you are taking leave due to pregnancy, childbirth, or to bond with a new child (including adopted and foster children).

• If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it).
  • Only about half of all private sector workers in the U.S. are covered by the law. You must: 1) work for the government or a company with 50 or more employees within 75 miles of your worksite; and 2) have worked with your employer for at least 1 year; and 3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for your own health (including pregnancy), to care for a new child after birth, adoption, or foster placement, or to care for a seriously ill family member. Remember that you only get 12 weeks a year in total—if you take time off before you give birth for your own health needs, you’ll have less time afterward to spend with your baby.
  • Before giving birth, you may use your leave an hour or day at a time—such as by taking a day off per week to go to the doctor—rather than all at once. Your employer must approve, however, if you want to use leave time in smaller chunks to bond with your baby.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you are in the top 10% of highest-paid workers in your company, different rules apply.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
• Maine has a law that is very similar to the FMLA but covers a few more workers—the Maine Family and Medical Leave Act (MFMLA).
  • You are covered if: 1) your workplace has 15 or more employees (fewer than the FMLA’s requirement of 50 employees) and 2) you have been employed there at least 1 year (unlike the FMLA, it does not matter how many hours you have worked in the past year).
  • If you are covered, you can take up to 10 weeks of unpaid leave every two years.
  • You can use this leave for the birth or adoption of a child, your own serious illness, or the serious illness of a close family member. Unlike the FMLA, you can take the leave to care for a sibling or domestic partner (in addition to a spouse, parent, or child).
  • You can also take this leave if you have a family member who dies or incurs a serious health condition while on active military duty.
• The Maine Act to Protect Pregnant Workers may also give you the right to unpaid, job-protected time off work as a “reasonable accommodation” to physically recover from childbirth. See the “Pregnancy/ Pregnancy Loss” tab for more information.
• If your boss treats workers who take time off for childbirth differently from workers who take time off for other medical treatments (for example, they provide paid leave for workers recovering from surgery, but only unpaid leave for postpartum mothers), this could be illegal under the national Pregnancy Discrimination Act and/or Maine Human Rights Act. Call A Better Balance if you think you are being treated unfairly.

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

When you return to work as a new parent, you may still need a few extra breaks to pump breastmilk or time off to care for your baby when they’re sick. There are a few laws that can help you get back to work safely and still care for your family.

Returning from Childbirth

• If you are disabled for a period of time after childbirth, the Americans with Disabilities Act and/or Maine Human Rights Act, discussed in the “Pregnancy/Pregnancy Loss” tab, may apply.
  • If so, you may be able to get an accommodation at work, such as light duty, while you recover.
• Even if you are not disabled, the Maine Act to Protect Pregnant Workers, discussed in the “Pregnancy/Pregnancy Loss” tab, may give you a right to accommodations while you recover from childbirth.

Nursing Rights 

• Under Maine law, you have the right to express or pump milk at work. Your employer must provide you with unpaid break time to express breast milk for up to 3 years following childbirth. They have to make reasonable efforts to find you a private place other than the bathroom for pumping and cannot discriminate against you for expressing breast milk in the workplace.
• The Maine Act to Protect Pregnant Workers may also help if you need a reasonable accommodation to express breast milk at work. See the “Pregnancy/Pregnancy Loss” tab for more information.
• Rights for breastfeeding workers are strong in Maine, but national laws may also protect you (for example, if you work outside Maine):
  • The Affordable Care Act (“Obamacare”) gives some U.S. workers the right to take unpaid breaks at work to pump milk, and requires some employers to find a clean, private place that’s not a bathroom for employees to pump milk. This law only applies to workers and employers who are covered by the Fair Labor Standards Act (FLSA)— the law that sets minimum wage and overtime requirements.
• It may be illegal under the Pregnancy Discrimination Act and/or the Maine Human Rights Act for your boss to punish or discriminate against you because you are lactating.
• Under Maine law, you have the right to breastfeed your child in any public or private location.
• For more information about your nursing rights, click here.

Caring for Your Family: Family Illness and Caregiver Discrimination 

As a new parent, you may face discrimination at work or have problems taking time off when you or your baby is sick. These laws can help you balance your job and caring for your family.

• As of January 1, 2021, if you work for an employer in Maine with 11 or more employees, Maine’s Earned Paid Leave law may give you the right to earn and use paid time off.
  • Under this law, you can earn one hour of paid time off for every 40 hours you work.
  • Your employer can limit you to using a maximum of 40 hours of earned paid leave per year.
  • Your employer can require you to be employed for 120 days before allowing use of earned paid leave.
  • You can use earned paid time off without providing a reason to your employer for such use. This can include time off due to an illness, injury, sickness, etc.
  • Absent an emergency, illness or other sudden necessity for taking earned paid time off, an employee must give “reasonable notice” to their supervisor. Use of leave must be scheduled to prevent undue hardship on the employer as reasonably determined by the employer.
  • To learn more about the law, see here or here.
• Under Maine law, if your workplace has 25 or more employees, you have the right to use any sick time, vacation time, and comp time that your employer gives you to care for an immediate family member who is sick.
• If you are covered by the federal Family and Medical Leave Act (FMLA) or the Maine Family and Medical Leave Act (MFMLA), you have the right to take time off to care for a seriously ill family member. See the “Time Off for Childbirth and Bonding” tab for more information on these laws.
• Some workers in Maine are protected from caregiver discrimination.
  
  • The cities of Bangor and Orono have outlawed employment discrimination based on family status. Please note, it’s possible that additional cities may have passed caregiver discrimination laws.
• The Americans with Disabilities Act (ADA) bans unfair treatment of workers based on their relationship with a person with a disability. For example, your boss can’t cut your hours because they think you can’t work as hard because you have a child with asthma. Or your boss cannot assume that you will cost more on the company’s health insurance plan because your family member is seriously ill.  However, this law does not give relatives of a person with a disability the right to accommodations, such as a schedule change, to help them provide care.
• If you lose your job because you have family caregiving responsibilities, you may still be able to apply for Unemployment Insurance. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility.

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

When you are sick—be it with a bad cold or more serious illness or injury—you may need time off from work to rest and heal. Federal, state, and local laws may give you time off when you need it and protect you from employment discrimination.

Taking Time Off from Work

• As of January 1, 2021, if you work for an employer in Maine with 11 or more employees, Maine’s Earned Paid Leave law may give you the right to earn and use paid time off.
  • Under this law, you can earn one hour of paid time off for every 40 hours you work.
  • Your employer can limit you to using a maximum of 40 hours of earned paid leave per year.
  • Your employer can require you to be employed for 120 days before allowing use of earned paid leave.
  • You can use earned paid time off without providing a reason to your employer for such use. This can include time off due to an illness, injury, sickness, etc.
  • Absent an emergency, illness or other sudden necessity for taking earned paid time off, an employee must give “reasonable notice” to their supervisor. Use of leave must be scheduled to prevent undue hardship on the employer as reasonably determined by the employer.
  • To learn more about the law, see here or here.
• If you are covered, the Family and Medical Leave Act(FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it).
  • Only about half of all private sector workers in the U.S. are covered by the law. You must: 1) work for the government or a company with 50 or more employees within 75 miles of your worksite; and 2) have worked with your employer for at least 1 year; and 3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for your own serious medical needs, including those related to pregnancy and recovery from childbirth. You may also take the leave on an intermittent basis or may work on a reduced schedule.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
  • For more information about the Family and Medical Leave Act, see here.
• Maine has a law that is very similar to the FMLA but covers a few more workers—the Maine Family and Medical Leave Act (MFMLA).
  • You are covered if: 1) your workplace has 15 or more employees (fewer than the FMLA’s requirement of 50 employees) and 2) you have been employed there at least 1 year (unlike the FMLA, it does not matter how many hours you have worked in the past year).
  • If you are covered, you can take up to 10 weeks of unpaid leave every two years.
  • You can use this leave for the birth or adoption of a child, your own serious illness, or the serious illness of a close family member.
• If you were hurt while working or became sick as a result of your job, you may also be entitled to paid benefits and other protections through Workers’ Compensation.
• If you lose your job due to your own medical needs, and are able to continue working, you may still be able to get Unemployment Insurance. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility.

Reasonable Accommodations and Anti-Discrimination Laws

• The Maine Human Rights Act bans disability discrimination at all workplaces regardless of size. Should your disability require some changes to your position, your boss must provide you with a reasonable accommodation so that you can perform your job, unless it would be very difficult or expensive for them to do so. A reasonable accommodation can include anything from changes to your workspace to modifying your work schedule to restructuring your job. 
• The Americans with Disabilities Act (ADA) requires employers in the U.S. with 15 or more employees to provide reasonable accommodations to workers with disabilities and makes it illegal for employers to discriminate against workers with disabilities. Disability is defined as a physical or mental impairment that substantially limits one or more major life activities, which can include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. This means:
  • Your boss cannot fire you, refuse to give you a promotion, or harass you because you have a disability.
  • If you have a disability, your boss cannot refuse to give you small changes at work that you need to stay healthy, like breaks to take medication, temporary relief from heavy lifting, or a stool to sit on during your shift. These changes are called “reasonable accommodations” and are available as long as you can still complete the basic duties of your job with those changes. Your boss does not have to give you an accommodation that would be very difficult or expensive, like building a whole new office.

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

When a child or family member gets sick or injured—be it with a bad cold or a more serious illness or injury—you may need to take some time off from work to care for them. Federal, state, and local laws may give you time off when you need it and protect you from employment discrimination.

Taking Time Off from Work

• As of January 1, 2021, if you work for an employer in Maine with 11 or more employees, Maine’s Earned Paid Leave law may give you the right to earn and use paid time off.
  • Under this law, you can earn one hour of paid time off for every 40 hours you work.
  • Your employer can limit you to using a maximum of 40 hours of earned paid leave per year.
  • Your employer can require you to be employed for 120 days before allowing use of earned paid leave.
  • You can use earned paid time off without providing a reason to your employer for such use. This can include time off due to an illness, injury, sickness, etc.
  • Absent an emergency, illness or other sudden necessity for taking earned paid time off, an employee must give “reasonable notice” to their supervisor. Use of leave must be scheduled to prevent undue hardship on the employer as reasonably determined by the employer.
  • To learn more about the law, see here or here.
• Under Maine law, if your workplace has 25 or more employees, you have the right to use any sick time, vacation time, and comp time that your employer gives you to care for an immediate family member who is sick.
• If you are covered, the FMLA allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it).
  • Only about half of all private sector workers in the U.S. are covered by the law. To qualify, you must: 1) work for the government or a company with 50 or more employees within 75 miles of your worksite; and 2) have worked with your employer for at least 1 year ;and 3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for a seriously ill family member. Under the FMLA, covered family members include a worker’s son or daughter under the age of 18 (or an adult child unable to care for him or herself due to a physical or mental disability), a spouse, and a parent.
  • The FMLA defines “son or daughter” to include a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. For more information about protections the FMLA provides for LGBT families, see here.
  • You may also take the leave on an intermittent basis or you may work on a reduced schedule to care for a seriously ill family member.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
• Maine has a law that is very similar to the FMLA but covers a few more workers—the Maine Family and Medical Leave Act (MFMLA).
  • You are covered if: 1) your workplace has 15 or more employees (fewer than the FMLA’s requirement of 50 employees) and 2) you have been employed there at least 1 year (unlike the FMLA, it does not matter how many hours you have worked in the past year).
  • If you are covered, you can take up to 10 weeks of unpaid leave every two years.
  • You can use this leave for the birth or adoption of a child, your own serious illness, or the serious illness of a close family member. Unlike the FMLA, you can take the leave to care for a sibling or domestic partner (in addition to a spouse, parent, or child).
  • You can also take this leave if you have a family member who dies or incurs a serious health condition while on active military duty.
• If you lose your job because you have family caregiving responsibilities, you may still be able to apply for Unemployment Insurance. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility.

Special Protections for Veterans’ and Military Families

• If you are covered by the Family and Medical Leave Act (FMLA), and a close family member is, or was, in the Armed Services, you may be entitled to additional protections under the FMLA.
  • The FMLA provides special protections for service-connected injuries or illnesses. If you are the spouse, parent, son, daughter, or next-of-kin of a veteran or a member of the Armed Services, including the National Guard and Reserves, you may be able to take military caregiver leave. You can take up to a total of 26 weeks of unpaid leave a year to take care of your military relative if he or she has a serious injury or illness stemming from his or her military service.
  • In addition to the ordinary protections under the Family and Medical Leave Act, if you have a parent, child, or spouse on or called to active duty service in a foreign country, you may be eligible for what is called “qualifying exigency” leave under the Family and Medical Leave Act to address certain needs arising out of that active duty service. This leave allows you to take up to a total of 12 weeks of unpaid leave a year.
    • This leave is available to address many different types of needs, including:
      • tending to the needs of the children of a service member, such as arranging childcare, attending meetings, or enrolling the child in a new school
      • making legal or financial arrangements for a military member
      • spending time with a servicemember on a short-term rest and recuperation leave
      • arranging care for the parent of a servicemember when the parent is unable to care for himself or herself.
  • If you are covered by the Maine Family and Medical Leave Act (MFMLA), you have the right to take up to 10 weeks of unpaid leave every two years if you have a family member who dies or incurs a serious health condition while on active military duty. You are covered if: 1) your workplace has 15 or more employees, and 2) you have been employed there for at least 1 year.
  • If you are the spouse, domestic partner, or parent of a person who is a resident of Maine and is deployed for military services for more than 180 days, you may have additional rights to unpaid leave under Maine’s Family Military Leave

Anti-Discrimination Laws

• Some workers in Maine are protected from caregiver discrimination.
  
  • The cities of Bangor and Orono have outlawed employment discrimination based on family status. Please note, it’s possible that additional cities may have passed caregiver discrimination laws.
• The Americans with Disabilities Act (ADA) bans unfair treatment of workers based on their relationship with a person with a disability. For example, your boss can’t cut your hours because they think you can’t work as hard because you have a child with asthma. Or your boss cannot assume that you will cost more on the company’s health insurance plan because your family member is seriously ill.  However, this law does not give relatives of a person with a disability the right to accommodations, such as a schedule change, to help them provide care.

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.