Maine Earned Paid Leave law (26 M.R.S. § 637-2)
Under 26 M.R.S. § 637-2, covered employees accrue one hour of paid leave for every 40 hours worked. Accrual begins on the first day of employment and continues throughout the accrual year.
Basic formula
Annual accrual cap
The annual cap on accrual is 40 hours per year for all covered employers. A more generous employer policy, contract, or local ordinance may allow a higher balance.
When can leave be used?
Accrued leave may first be used on the 120th calendar day of employment (new employees may not use leave until 120 days after hire). Hours continue accruing during the waiting period; the balance shown here may not yet be legally available to take.
Carryover and year-end balance
Up to 40 hours of unused earned paid leave carries forward to the next year. The carry-forward cap is 40 hours under the statewide minimum. Employers may provide a more generous carry-forward.
Leave payout at separation
Maine Earned Paid Leave law does not require payout of unused leave at separation under the statewide minimum. A specific employer policy or contract may create an obligation to pay out unused leave.
What this calculator does not determine
- Whether an employer with 10 or more employees is covered — the law applies to employers in Maine with 10+ employees regardless of where the employee works.
- Whether an employer uses a compliant frontloading arrangement instead of per-hour accrual.
- Whether a specific reason for leave is permissible — Maine allows leave for any reason.
- Whether a local ordinance (Portland, etc.) provides greater benefits.
- How fractional accrual hours are tracked or rounded on payroll records.
Worked examples
Example 1: standard two-week pay period
Example 2: full year of full-time work, cap applies
Sources and verification
The accrual ratio, 40-hour annual cap, 120-day waiting period, and employer-size threshold are sourced from 26 M.R.S. § 637-2 and the Maine Department of Labor Wage and Hour Division, verified August 2026. See the site's methodology for how rules become tested calculator logic.