Part-Time Staff Only in Maine: Do I Need Comp?

If your only workers in Maine are part-time or seasonal, yes, you still need workers compensation insurance. Maine requires coverage from your first employee under 39-A M.R.S. section 401, and it does not carve out part-time, seasonal, or temporary staff. A person who works for you is an employee whether they work forty hours or four, so the hours on their schedule do not change the answer.

Who this is for: Maine owners whose staff is entirely or mostly part-time, seasonal, on-call, or temporary, such as shops, cafes, tourism businesses, and seasonal trades.

The short version

  • Part-time and seasonal workers count from the first one; there is no hours or headcount exception.
  • Maine treats anyone who works for you as an employee, regardless of hours.
  • Temporary and on-call workers count too, so a short season does not remove the requirement.
  • The requirement is the same for a single weekend hire as for a full-time crew.
  • Skipping coverage exposes you to the state penalty and a lawsuit if someone is hurt.

Which of your workers count

The simplest way to think about it is that hours do not create an exemption in Maine. If you pay someone to work under your direction, they are an employee for workers comp, and the first one triggers the mandate. The few genuine carve-outs are about the type of work or arrangement, not the schedule. Seasonal farm and aquaculture labor can be exempt, but only if the employer carries specific liability and medical limits, so even those exceptions come with conditions rather than a free pass for short-term help.

Worker typeCounts toward the mandate?Notes
Part-time W-2 workerYesHours do not create an exemption
Seasonal or holiday hireYesA short season still requires coverage
On-call or temporary workerYesStill an employee who triggers the rule
Domestic servant in a private homeNoPrivate-home domestic work is outside the Act
Seasonal or casual farm and aquaculture laborSometimes noExempt only if the employer carries set liability and medical limits

Why a small or seasonal payroll still needs a policy

Owners with only a couple of part-timers often assume the requirement waits for a bigger team, but Maine attaches it to the first employee. If a part-time or seasonal worker is hurt and you carried no coverage, the state can charge a penalty of up to 10,000 dollars, or 108 percent of the premium you should have paid, whichever is larger, and the worker can sue you once you lose the exclusive-remedy protection. A part-time worker's injury costs just as much to treat as a full-timer's, so the gap you are exposed to is not smaller because the schedule is. A policy also lets you produce proof of coverage when a landlord or client asks.

A Bar Harbor example

Illustrative, not a quote. A Bar Harbor ice cream shop staffs up for the summer with five part-time students and closes for the winter. The owner figured seasonal part-timers would not need workers comp, but in Maine they count from the first hire, so he puts a policy in place before the season opens. When a student slips on a wet floor and sprains a wrist, comp covers the medical bills and part of the lost wages, and the shop keeps its protection from being sued over the injury (the exclusive remedy). We rate the seasonal payroll correctly so he is not paying for a full year of exposure he does not have. See our workers comp for retail stores page.

Real questions Maine owners ask

Do I need workers comp if all my staff are part-time in Maine?

Yes. Maine requires coverage from the first employee and does not exempt part-time staff. Anyone who works for you is an employee no matter how few hours they work.

Does a seasonal-only business need workers comp?

Yes. A short season does not remove the requirement. Seasonal and holiday hires are employees for workers comp, so you need a policy in place before they start work.

How many part-time hours before coverage is required?

There is no hours threshold. Maine attaches the requirement to the first employee regardless of schedule, so even a few hours a week for one worker makes coverage mandatory.

Do on-call or temporary workers count?

Yes. On-call and temporary workers are still employees, so they count toward the mandate. A gap between shifts does not change that coverage is required.

Can I keep people part-time to avoid workers comp?

No. Hours do not create an exemption in Maine. The requirement starts at the first employee, so limiting hours does not keep you under the rule.

Are there any seasonal exceptions in Maine?

Only narrow ones. Seasonal or casual farm and aquaculture labor can be exempt, but only if the employer carries specific liability and medical limits. Most seasonal retail and trade staff are not exempt.

What happens if a part-time worker gets hurt and I have no policy?

You can face a penalty of up to 10,000 dollars or 108 percent of the premium owed and a lawsuit once you lose exclusive-remedy protection. A part-time injury costs the same to treat as a full-time one.

Why Maine owners choose Morrow

  1. We shop the right market for you. In Maine you buy workers' comp on the open market from any carrier licensed in the state, with the state-created MEMIC competing alongside private insurers and also standing as the guaranteed insurer of last resort, so we can shop your price freely and still have a fallback if you are hard to place.
  2. We catch pricing mistakes. Your price depends heavily on the category your work falls into for pricing (the class code). Put people in the wrong category and you overpay for years. We review your payroll and classifications before you buy.
  3. Proof of coverage, fast. Need a certificate (proof of coverage) for a general contractor or a landlord before Monday? We turn those around the same business day for most carriers.
  4. We help lower the score that drives your price. Insurers give you a score based on your past claims that raises or lowers your cost (the experience modification rate). We review it each year, flag errors, and connect you with return-to-work and safety resources that bring it down.
  5. Real people when a claim happens. When someone gets hurt, we stay involved through the life of the claim, not just at renewal.

Related Maine guides

Every Maine business is set up a little differently. These companion guides answer the same question for other situations, plus the national explainers behind the terms used here.

This guide is general information, not legal advice. Maine rules and penalty amounts can change, so verify current requirements with Maine Workers' Compensation Board (WCB) or a licensed advisor before you rely on them. Last updated: July 2026.