Fifteen Days of Family Military Leave — for the Spouse, Domestic Partner or Parent of Somebody Deployed
An employer with 15 or more employees must give an eligible employee up to 15 days of family military leave per deployment, taken in the 15 days before deployment, during it if the member gets leave, or in the 15 days after. It is available to the spouse, domestic partner or parent of a Maine resident deployed for longer than 180 days. The leave may be unpaid, but the job — or an equivalent one — must be there afterwards.
Verified August 23, 2026
What this benefit is
An employer with 15 or more employees must give an eligible employee up to 15 days of family military leave per deployment, taken in the 15 days before deployment, during it if the member gets leave, or in the 15 days after. It is available to the spouse, domestic partner or parent of a Maine resident deployed for longer than 180 days. The leave may be unpaid, but the job — or an equivalent one — must be there afterwards.
What it's worth: Up to 15 days of protected leave per deployment, with restoration to the same or an equivalent position
- The 15 is days of leave per deployment, not a payment. The section says the leave may consist of unpaid leave, so the money value is the job and the benefits kept rather than wages received.
- The employer-size floor is 15 or more employees. Below that the section imposes nothing.
- Benefit continuation is at the employee’s expense unless the employer agrees otherwise, so budget for the premium.
Who is entitled to it
- The leave is written for the spouse, domestic partner or parent of the deployed person.
- You are in this state.
Not sure whether that describes you?
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How to claim it
Deadline: 14 days’ notice for leave of 5 or more consecutive work days- 1Check the deployment first, because the definition is strict twice over. "Deployed for military service" means active duty with the state military forces or the United States Armed Forces including the Guard and Reserves, whether under orders of the Governor or the President, WHEN THE DUTY ASSIGNMENT IS IN A COMBAT THEATRE OR IN AN AREA WHERE ARMED CONFLICT IS TAKING PLACE.
- 2Then check the length: family military leave is defined as leave requested by the spouse, domestic partner or parent of a person who is a resident of the State and is deployed for a period lasting LONGER THAN 180 DAYS.
- 3Check your own service record with the employer. "Employee" here means somebody employed by the same employer for at least 12 months and for at least 1,250 hours of service in the 12 months immediately preceding the leave.
- 4Pick the window. The leave may be taken only in the 15 days immediately before deployment, during deployment if the military member is granted leave, or the 15 days immediately following the deployment.
- 5Give 14 days’ notice if the leave will be 5 or more consecutive work days. For fewer than 5 days, give advance notice as is practicable, and consult with the employer to schedule it so as not to unduly disrupt operations.
- 6Expect a certification request. The employer may require certification from the proper military authority to verify eligibility.
- 7Arrange the benefits before you go. The employer must make it possible for you to continue employee benefits at your own expense during the leave, and you and the employer may negotiate for the employer to carry them instead. Nothing accrued before the leave is lost.
- 8On return you are entitled to be restored to the position held when the leave commenced, or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions — unless the employer proves the failure to restore was for conditions unrelated to your exercise of these rights.
- 9If the employer interferes, or disciplines or discriminates against you for using the leave or for opposing a practice the section makes unlawful, subsection 8 lets you bring a civil action in Superior Court, and the court may enjoin the practice and order other equitable relief.
- Form
- Request to the employer, with military certification if the employer asks for it
- File with
- Your employer
- No renewal
- Once granted it does not need renewing.
Sources
- authority · statute26 M.R.S. §814 — Family military leave: up to 15 days per deployment from an employer of 15 or more; spouse, domestic partner or parent of a resident deployed longer than 180 days
- operating · statute26 M.R.S. §814(1)(A)–(B), (3), (5)–(8) — combat-theatre definition of deployment; 12 months and 1,250 hours; notice; restoration; benefits protection; prohibited acts; civil action in Superior Court
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