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Military Duty Leave for Employees in Maine

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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Maine employers must provide employees with leave for military duty in accordance with these state rules.

Any member of the military forces, including the Maine Army, the Maine Air National Guard and the Reserves of the U.S. Armed Forces, who, in response to federal or state orders, takes a military leave of absence from a position other than a temporary position in the employ of any civilian employer, must give notice to his or her civilian employer of an intended absence for military duty.

The employer may request a confirmation of satisfactory completion of military duties upon the employee's return to civilian employment or immediately thereafter.

Military leave is an absence with leave, without loss of vacation, sick leave, bonus, advancement or other advantages of employment. Within the discretion of the employer, the leave may be with or without pay.

Reinstatement

Any employee who gives notice of the need to be absent for military leave and, upon completion of military leave gives confirmation of a satisfactory completion of the military service for which leave was sought, and is still qualified to perform the duties of his position must be reinstated without loss of pay, seniority, benefits, status, and any other advantages of employment as if the employee had remained continuously employed.

Maine law provides mandatory waiting periods from the time an employee leaves the service to the time the employee is required to report back to work. For employees serving three days or less, there is a 24-hour waiting period. For those serving more than three days up to 15 days, there is a 48-hour waiting period. For those serving more than 15 days but no more than 30 days, a 72-hour period is in effect. For more than 30 days but no more than 180 days of service, a 14-day waiting period is required. Military service of more than 180 days requires a waiting period of 90 days before the employee can be required to return to work.

Prohibited Discrimination

It is unlawful for any public or private employer to penalize any member of the National Guard or the Reserves of the United States Armed Forces with regard to compensation, hiring, tenure, terms, conditions, or privileges of employment or to deny any other advantage of employment due to the employee's membership or participation in the National Guard or the Reserves of the U.S. Armed Forces.

Family Military Leave

An employer of 15 or more employees must provide eligible employees family military leave if requested by the employee. Spouses, domestic partners, and parents of state residents who are members of the United States Armed Forces, including the National Guard and Reserves, deployed for military service for more than 180 days are eligible. Other requirements and conditions may apply.

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