Military Duty Leave for Employees in Maine

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.

Discrimination. It is unlawful for any public or private employer to penalize any member of the state military 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 state military forces.