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Maine Vacations: What you need to know

In most states, private sector employers are not required to provide vacation, whether paid or unpaid, to employees. Therefore, employers have significant discretion in developing vacation and personal leave policies that best fit the needs of their workplace and employees.
If promised, vacation must be granted. Nonetheless, it is important for employers to understand that, if their practices, policies, or statements rise to the level of creating a “promise” of vacation, then the employer may create a binding legal obligation to provide vacation—even when state law would not otherwise require it to do so.
Payout of vacation at termination. This caution also applies to obligations to pay out accrued, but unused, vacation time at termination of employment.
In Maine, whenever the terms of employment include provisions for paid vacations, vacation pay on termination of employment is considered wages earned. Thus, an employee who leaves the payroll must be paid for any accrued, unused time.
An employer with a paid vacation policy that sells a business must pay its employees for accrued, unused vacation time, or obtain a specific agreement from the buyer to honor the seller's vacation policy (ME Rev. Stat. Tit. 26 Sec. 626).
For additional information on final wage payments, please see the Paychecks topical analysis.
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Public employees are awarded vacation according to the number of years of service.
If vacation time is taken in advance, and the employee terminates before accrual, the employee must reimburse the employer for the time taken but not earned (CMR 18-389-011).
For additional information about vacation policies and pay in Maine, contact the state Department of Labor’s ...

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Maine Vacations Resources

TypeTitle
Forms Request for Days Off
Policies Vacation
White Papers Time off May Be the Biggest Benefit

Vacations Products

Solving PTO Problems Webinar Recording
Solving PTO Problems: How to Reduce Unscheduled Absences Without Alienating Employees or Violating the Law"
Perfecting Your PTO Policy Recording
BLR Webinar: "Perfecting Your PTO Policy: How to Curb Abuse, Cut Absenteeism, and Comply with the Law""
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We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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