Family, Medical and Parental Leaves Law Summaries 20-7000 Maine, Family, Medical and Parental Leaves Law Summaries Maine's family medical leave law is codified in the Maine Revised Statutes at Title 26, Chapter 7, Subchapter VI-A, Sections 843 --848. The full text of this law is available beginning at Employment Practices Guide 20-22,450.01 . The state also has a "family sick leave" law that allows certain employees to use paid leave for the care of an immediate family member (Ch. 455 (S. 361), L. 2005, enacted June 24, 2005).
Maine's Human Rights Act contains some provisions on pregnancy leave. This law is located in the Maine Revised Statutes at Title 5, Part 12, Chapter 337, Subchapter III, Section 4572-A.
The state also has leave provisions for victims of violence (Maine Revised Statutes, Title 26, Sec. 850 --full text of the law is available at Employment Practices Guide 20-21,050.01 ). Related rules are located in the Code of Maine Rules at 12-170, Ch. 10, Secs. 1 --6 (full text of the rules is available beginning at Employment Practices Guide 20-21,100 ).
The state has also enacted a law to deal with employee leave during extreme public health emergencies (Ch. 383 (S. 494), L. 2005).
For provisions relating to nursing mothers, see 20-1400 .
DEFINITIONS
"Employee" means any person who may be permitted, required or directed by an employer for gain or profit to engage in any employment, but does not include an independent contractor (Sec. 843, as amended by P.L. 684 (H. 1448), L. 2001).
"Employer" means (Sec. 843, as amended by P.L. 684 (H. 1448), L. 2001):
(1) any person, sole proprietorship, partnership, corporation, association or other business entity that employs 25 or more employees at one location in this state;
(2) the state, including the executive, legislative and judicial branches, and any state department or agency that employs any employees;
(3) any city, town or municipal agency that employs 25 or more employees; and
(4) any agent of an employer, the state or a political subdivision of the state.
For purposes of the victims' leave law, "employer" means the corporation or entity that controls the employee's work assignments, including managers and supervisors with direct control of the affected employee (Code of Maine Rules 12-170, Ch. 10, Sec. 2, effective May 14, 2001).
For purposes of the victims' leave law, "daughter," "son," "parent," and "spouse" have the same meanings as those terms have under federal regulations adopted pursuant to 29 USC 2654, as in effect on January 1, 2002. An employer may require an employee to provide reasonable documentation of the family relationship, which may include a statement from the employee, a birth certificate, a court document or similar documents (Sec. 850(1-A), as added by P.L. 685 (H. 1463), L. 2001).
"Family medical leave" means leave requested by an employee for (Sec. 843, as amended by P.L. 684 (H. 1448), L. 2001):
(1) serious health condition of the employee;
(2) the birth of the employee's child;
(3) the placement of a child 16 years of age or less with the employee in connection with the adoption of the child by the employee;
(4) a child, parent or spouse with a serious health condition; or
(5) the donation of an organ of that employee for a human organ transplant.
"Health care provider means" (Sec. 843(4-A), as amended by P.L. 546 (S. 123), L. 1997):
(1) a doctor of medicine or osteopathy who is licensed to practice medicine or surgery in Maine; or
(2) any other person determined by the Secretary of Labor to be capable of providing health care services.
"Serious health condition" means an illness, injury, impairment or physical or mental condition that involves (Sec. 843(6), as amended by P.L. 546 (S. 123), L. 1997):
(1) inpatient care in a hospital, hospice or residential medical care facility; or
(2) continuing treatment by a health care provider.
"Stalking" means repeatedly following the victim or being at or in the vicinity of the victim's home, school, business or place of employment without reasonable cause (Code of Maine Rules 12-170, Ch. 10, Sec. 2, effective May 14, 2001).
"Undue hardship" means significant difficulty or expense considering the following factors (Code of Maine Rules 12-170, Ch. 10, Sec. 2, effective May 14, 2001):
(1) The nature and cost of the action(s) requested or required to accommodate the victim;
(2) The overall financial resources of the employer and the effect of the action(s) requested or required on expenses and resources;
(3) The number of persons employed at the establishment and the effect of the requested or required action(s) on the staffing of the establishment;
(4) The safety and health of the employees, customers, and the public and the effect of the requested or required action(s) on meeting those safety and health requirements; and
(5) The assessment of undue hardship includes the fiscal, operational, and geographic relationship of other establishments owned or operated by the employer or by any parent corporation or entity of the employer.
COVERAGE
Private employers as well as the state are covered by Maine's family medical leave law (Sec. 843(3), as amended by P.L. 546 (S. 123), L. 1997).
Maine's Human Rights Act, which contains some pregnancy leave provisions, covers all employers.
The state's Employment Leave for Victims of Violence law applies to all public and private employers, including the state and its political subdivisions (Sec. 850, as amended by P.L. 685 (H. 1463), L. 2001).
EXCEPTIONS
Small employers. --Employees who are employed at a permanent worksite with fewer than 15 employees are not entitled to family medical leave under Maine's law (Sec. 844, as amended by P.L. 515 (S. 196), L. 1997, effective June 26, 1997).
PROCEDURES
Certification. --An employer may require certification from a physician to verify the amount of leave requested by the employee, except that an employee who in good faith relies on treatment by prayer or spiritual means, in accordance with the tenets and practice of a recognized church or religious denomination, may submit certification from an accredited practitioner of those healing methods (Sec. 844, as amended by P.L. 515 (S. 196), L. 1997, effective June 26, 1997).
Collective bargaining agreements. --Maine's family medical leave law does not affect an employer's obligation to comply with any collective bargaining agreement or employee benefit plan that provides greater family medical leave rights. The family medical leave rights mandated by Maine law may not be diminished by any collective bargaining agreement or by any employee benefit plan (Sec. 846).
Length of leave. --The employer and employee may negotiate for more or less leave, but both parties must agree (Sec. 844, as amended by P.L. 515 (S. 196), L. 1997, effective June 26, 1997). Likewise, the employer and employee may negotiate for the employer to maintain benefits at the employer's expense for the duration of the leave (Sec. 845).
WHAT THE EMPLOYER MUST DO
Family medical leave. --Family medical leave may consist of unpaid leave. If an employer provides paid family medical leave for fewer than 10 weeks, the additional weeks of leave added to attain the total of 10 weeks required may be unpaid (Sec. 844, as amended by P.L. 515 (S. 196), L. 1997, effective June 26, 1997).
Every employee who has been employed by the same employer for 12 consecutive months is entitled to up to 10 consecutive workweeks of family medical leave in any two years, unless employed at a permanent worksite with fewer than 15 employees (Sec. 844, as amended by P.L. 515 (S. 196), L. 1997, effective June 26, 1997).
During any family medical leave taken, the employer must allow employees to continue their employee benefits at the employee's expense. The employer and employee may negotiate for the employer to maintain benefits at the employer's expense for the duration of the leave (Sec. 845).
Taking family medical leave under Maine law will not result in the loss of any employee benefit accrued before the date on which the leave began (Sec. 846).
Any employee who takes family medical leave, upon expiration of the leave, is entitled to be restored to the position held by the employee when the leave began or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. If the employer proves that an employee was not so restored because of conditions unrelated to the employee's taking of leave, failure to restore is permissible (Sec. 845).
Employers may not interfere with, restrain or deny the exercise of or the attempt to exercise any right provided by Maine's family medical leave law (Sec. 847).
The employer may not discharge, fine, suspend, expel, discipline or in any other manner discriminate against an employee for exercising any right provided by or for opposing any practice made unlawful by Maine's family medical leave law (Sec. 847).
Family sick leave. --If a public or private employer with 25 or more employees, under the terms of a collective bargaining agreement or employment policy, provides paid leave, then the employer shall allow an employee to use the paid leave for the care of an immediate family member who is ill as provided in this section. For purposes of this section, "immediate family member" means an employee's child, spouse or parent, and "paid leave" means time away from work by an employee for which the employee receives compensation, and is limited to sick time, vacation time, compensatory time and leave that is provided as an aggregate amount for use at the discretion of the employee for any of these same purposes. "Paid leave" does not include paid short-term or long-term disability, catastrophic leave or similar types of benefits (Sec. 636, as added by Ch. 455 (S. 361), L. 2005, enacted June 24, 2005).
An employer may adopt a policy limiting the number of hours of paid leave taken under this section, but in no case may the number of hours allowed be fewer than 40 hours for a 12-month period. An employee is not entitled under this section to use paid leave until that leave has been earned. An employee who receives more than one type of paid leave may elect which type and the amount of each of those types of paid leave to use, except that the employee's election may be limited by a bona fide employment policy as long as the policy is uniformly applied to all employees at that workplace. An employer may require notice or verification of illness for leave taken pursuant to this section if such notice or verification is required when an employee takes leave because of the employee's own illness. An employer may require an employee to specify that leave is taken pursuant to this section (Sec. 636, as added by Ch. 455 (S. 361), L. 2005, enacted June 24, 2005).
This section applies to employees covered by a collective bargaining agreement unless the agreement provides paid leave benefits that are equal to or greater than those provided in this section (Sec. 636, as added by Ch. 455 (S. 361), L. 2005, enacted June 24, 2005).
An employer may not discharge, demote, suspend, discipline or otherwise discriminate against an employee or threaten to take any of these actions against an employee who exercises rights granted under this section or who files a complaint or testifies or assists in an action brought against the employer for a violation of this section. Nothing in this section prohibits an employer from taking employment action against an employee for taking leave that is not protected by this section or other applicable law (Sec. 636, as added by Ch. 455 (S. 361), L. 2005, enacted June 24, 2005).
For purposes of applying family medical leave requirements, the employer shall treat leave under this section in the same manner as the employer treats leave for a sick employee (Sec. 636, as added by Ch. 455 (S. 361), L. 2005, enacted June 24, 2005).
Pregnancy leave. --It is unlawful for an employer, employment agency or labor organization to treat a pregnant woman who is not able to work because of a disability or illness resulting from pregnancy or from medical conditions that result from pregnancy in a different manner from employees who are not able to work because of other disabilities or illnesses (Sec. 4572-A, as amended by Ch. 393, L. 1995).
However, this section must not be construed to mean that an employer, employment agency or labor organization is required to provide sick leave, a leave of absence, medical benefits or other benefits to a woman because of pregnancy or other medical conditions that result from pregnancy, if this employer, employment agency or labor organization does not also provide sick leaves, leaves of absence, medical benefits or other benefits for its other employees (Sec. 4572-A, as amended by Ch. 393, L. 1995).
Employment leave for victims of violence. --An employer must grant reasonable and necessary leave from work for an employee to (Sec. 850, as amended by P.L. 685 (H. 1463), L. 2001; Code of Maine Rules 12-170, Ch. 10, Sec. 3, effective May 14, 2001):
(1) prepare for and attend court proceedings;
(2) receive medical treatment or attend to medical treatment for a victim who is the employee's daughter, son, parent or spouse; or
(3) obtain necessary services to remedy a crisis caused by domestic violence, sexual assault or stalking.
The leave may be without pay, except that an employee who has earned leave time that would otherwise be applicable to the leave requested may use this earned leave at his or her option (Sec. 850, as amended by P.L. 685 (H. 1463), L. 2001; Code of Maine Rules 12-170, Ch. 10, Sec. 3, effective May 14, 2001).
The leave provision for victims of violence described above is not violated, and an employer may seek a modification to or deny a request if (Sec. 850, as amended by P.L. 685 (H. 1463), L. 2001; Code of Maine Rules 12-170, Ch. 10, Sec. 3, effective May 14, 2001):
(1) the employer would sustain undue hardship from the employee's absence;
(2) the request for leave is not communicated to the employer within a reasonable time under the circumstances; or
(3) the requested leave is impractical, unreasonable or unnecessary based on the facts then made known to the employer.
An employee who is a victim of violence, assault, domestic violence, sexual assault, or stalking who needs leave related to these reasons must (Code of Maine Rules, 12-170, Ch. 10, Sec. 4):
(1) communicate the request for leave as soon as possible after learning of the need; and
(2) provide the employer in a timely manner with the information necessary for the employer to make an informed decision on the request.
The leave must be needed because the employee or the employee's daughter, son, parent or spouse is a victim of violence, assault, sexual assault, stalking or any act that would support a protective order from domestic abuse. An employer may not sanction an employee or deprive an employee of pay or benefits for exercising a right granted by this section (Sec. 850, as amended by P.L. 685 (H. 1463), L. 2001; Code of Maine Rules 12-170, Ch. 10, Sec. 3, effective May 14, 2001).
Extreme public health emergencies. --A public or private employer, including the state and its political subdivisions, shall grant reasonable and necessary leave from work, with or without pay, for an employee for the following reasons related to an extreme public health emergency (Title 26, Ch. 7, Subch. 10, Sec. 875(1) and (7), as added by Ch. 383 (S. 494), L. 2005):
(1) The employee is unable to work because the employee is under individual public health investigation, supervision or treatment related to an extreme public health emergency;
(2) The employee is unable to work because the employee is acting in accordance with an extreme public health emergency order;
(3) The employee is unable to work because the employee is in quarantine or isolation or is subject to a control measure in accordance with extreme public health emergency information or directions issued to the public, a part of the public or one or more individuals;
(4) The employee is unable to work because of a direction given by the employee's employer in response to a concern of the employer that the employee may expose other individuals in the workplace to the extreme public health emergency threat; or
(5) The employee is unable to work because the employee is needed to provide care or assistance to one or more of the following individuals: the employee's spouse or domestic partner; the employee's parent; or the employee's child or child for whom the employee is the legal guardian.
For purposes of this subsection, "extreme public health emergency" means the occurrence or imminent threat of widespread exposure to a highly infectious or toxic agent that poses an imminent threat of substantial harm to the population of the state (Title 22, Subtitle 2, Pt. 3, Ch. 250, Subch. I, Sec. 801 (4-A)).
Exceptions. --An employer who fails to grant a leave of absence as described just above is not in violation of the law if (Title 26, Ch. 7, Subch. 10, Sec. 875, as added by Ch. 383 (S. 494), L. 2005):
(1) The employer would sustain undue hardship from the employee's absence, including the need to downsize for legitimate reasons related to the impact of the extreme public health emergency on the operation of the business;
(2) The request for leave is not communicated to the employer within a reasonable time under the circumstances; or
(3) The employee to be granted leave under item (5) just above is a state, county or municipal employee whose responsibilities are related to services necessary for protecting the public's health and safety in an extreme public health emergency if the employer requires the employee to work, unless there are no other options or persons able to provide care or assist one or more of the individuals listed under item (5) just above.
Duration of leave. --Leave granted under Sec. 875(1) just above must be for the duration of an extreme public health emergency and for a reasonable and necessary time period following the termination of the extreme public health emergency for diseases or conditions that are contracted or exposures that occurred during the extreme public health emergency (Title 26, Ch. 7, Subch. 10, Sec. 875(3), as added by Ch. 383 (S. 494), L. 2005).
Documentation. --Upon the employee's return to work, the employer has the right to request and receive written documentation from a physician or public health official supporting the employee's leave (Title 26, Ch. 7, Subch. 10, Sec. 875, as added by Ch. 383 (S. 494), L. 2005).
Benefits retained. --The taking of leave under this subchapter may not result in the loss of any employee benefits accrued before the date on which the leave commenced and does not affect the employee's right to health insurance benefits on the same terms and conditions as applicable to similarly situated employees. For any leave that extends beyond the time described in Sec. 875(3) just above, the employer shall allow an employee to continue the employee's benefits at the employee's expense. The employer and employee may negotiate for the employer to maintain benefits at the employer's expense for the duration or any portion of this extended leave (Title 26, Ch. 7, Subch. 10, Sec. 875, as added by Ch. 383 (S. 494), L. 2005).
Civil penalties. --The Department of Labor may assess civil penalties of up to $200 for each violation of this section if notice of the violation is given to the employer and the department within six months of the occurrence (Title 26, Ch. 7, Subch. 10, Sec. 875, as added by Ch. 383 (S. 494), L. 2005).
NOTICE
Leave requests. --An employee must give at least 30 days' notice of the intended date upon which family medical leave will commence and terminate, unless prevented by medical emergency from giving that notice (Sec. 844, as amended by P.L. 515 (S. 196), L. 1997, effective June 26, 1997).
ENFORCEMENT
A civil action may be brought in the appropriate court by an employee against any employer to enforce Maine's family medical leave requirements. The court may enjoin any act or practice that violates or may violate such requirements and may order any other equitable relief that is necessary and appropriate to redress the violation or to enforce the state's family medical leave requirements. The court may also (Sec. 848(1), as amended by P.L. 228 (H. 977), L. 2005):
(1) award damages equal to the wages, salary, employment benefits or other compensation denied or lost to the employee by reason of the violation; or
(2) order the employer to pay liquidated damages of $100 to the employee for each day that the violation continued.
The court also may order the employer to pay an additional amount as liquidated damages equal to the amount awarded under Sec. 848(1) just above if the employee proves to the satisfaction of the court that the employer's violation was willful (Sec. 848(2), as amended by P.L. 228 (H. 977), L. 2005).
In any action brought pursuant to this section, in addition to any judgment awarded to the employee, the court shall award reasonable attorney's fees and other costs of the action to be paid by the employer (Sec. 848(3), as amended by P.L. 228 (H. 977), L. 2005).
Victims' leave law. --Any aggrieved party who believes that they have been unreasonably denied leave under the victims' leave law who contacts the Bureau of Labor Standards will be provided a copy of these rules, a copy of the law and a complaint form (Code of Maine Rules 12-170, Ch. 10, Sec. 5, effective May 14, 2001).
Based on a written complaint by the aggrieved party, the Bureau will investigate in accordance with the procedures used in investigation of wage complaints, including, but not limited to, accessing employer records. The investigation of any complaint may be conducted with the cooperation of any other agencies the Bureau deems appropriate (Code of Maine Rules 12-170, Ch. 10, Sec. 5, effective May 14, 2001).
Any communication with or information provided to the Department of Labor under this section will be considered confidential and may not be divulged to any other person or agency except in so far as may be necessary for the enforcement of this chapter. Provided, however that the Department may disclose such information (Code of Maine Rules 12-170, Ch. 10, Sec. 5, effective May 14, 2001):
(1) When the aggrieved party and the employer consent to its release;
(2) To any party involved in litigation under this chapter when the information is relevant to the claim;
(3) To other government agencies when the Director of the Bureau of Labor Standards believes that the information will further the protection of the public or assist in the enforcement of local, state, and federal laws.
POSTING
Every employer must post and keep posted in a place accessible for the employer's employees a printed notice stating the labor laws regulating family medical leave. The Bureau of Labor Standards must furnish the printed form of this notice (Title 26, Ch. 7, Subch. IV, Art. 1, Sec. 701, as repealed by P.L. 242, L. 2001).
See 20-9900 .
PENALTIES
The court may order the employer to pay as liquidated damages $100 to the employee for each day a violation of Maine's family medical leave law continues (Sec. 848).
Victims' leave law. --Civil penalties of up to $200 may be assessed for each violation of the victims' leave law, if notice of the violation was given to the employer and the department within six months of the occurrence (Sec. 850, as amended by P.L. 685 (H. 1463), L. 2001; Code of Maine Rules 12-170, Ch. 10, Sec. 6, effective May 14, 2001).
Posting. --See 20-9900 .