An Act To Strengthen the Family Medical Leave Laws
Maine Legislature, Session 121, LD 1193
Committee: Labor
Sponsors: EDMONDS, SMITH, LaFOUNTAIN, HATCH, HUTTON
Amends: 26 MRSA §844, 26 MRSA §848

Legislative Document 
No. 1193 
S.P.399 
In Senate, March 6, 2003 
An Act To Strengthen the Family Medical Leave Laws 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator EDMONDS of Cumberland. 
Cosponsored by Representative SMITH of Van Buren and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: LaFOUNTAIN of York, Representatives: HATCH of Skowhegan, HUTTON of 
Bowdoinham. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §844, as amended by PL 1997, c. 515, §l, is 
further amended to read: 
Ii 
§844. Family medical leave requirement 
f1 
1. 
Family medical leave entitlement. 
Every employee who 
has been employed by the same employer for 12 consecutive months 
LO 
1S entitled to up to 
1G li consecutive work weeks of family 
medical leave in any 2 years unless employed at a permanent work 
site with fewer 
than 15 employees. 
The 
following conditions 
apply to family medical leave granted under this subchapter: 
, n 
,~ t'l 
A. 
The 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; 
B. 
The 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 wi th 
the tenets and practice of a recognized church or religious 
denomination, 
may submit certification from 
an accredited 
practitioner of those healing methods; and 
c. 
The employer and employee may negotiate for more or less 
leave, but both parties must agree. 
2. 
Unpaid leave. 
Family medical leave granted under this 
subchapter may consist of unpaid leave. 
If an employer provides 
paid 
family medical 
leave for 
fewer 
than 
1G li weeks, 
the 
~4 
addi tional weeks of leave added to attain the total of lG li 
weeks required may be unpaid. 
Sec. 2. 26 MRSA §848, as enacted by PL 
1987, 
c. 
661, 
is 
repealed and the following enacted in its place: 
§848. Judicial enforcement 
A civil action may be brought in the appropriate court by an 
employee against any employer to enforce this subchapter. 
The 
court may do any of the following. 
1. 
Enjoin act. 
The court may enjoin any act or practice 
that violates or may violate this subchapter. 
2. 
Equitable 
relief. 
The 
court 
may 
order 
any 
other 
equitable relief that is necessary and appropriate to redress the 
Page l-LR1386(1) 
• 
violation or to enforce this subchapter, including requiring the 
, 
employer to pay to the employee as liquidated damages, including 
interest, the greatest of: 
f" 
LO 
L': 
l '_: 
A. 
One hundred dollars for each day the violation continues; 
B. 
Actual wages, salary, benefits, employment benefits or 
other compensation denied or lost to 
the employee 
as 
a 
result of the violation; and 
C. 
If there was 
no 
loss under paragraph B, 
the actual 
monetary losses sustained by the employee as a direct result 
of the violation, such as the cost of providing care, up to 
a sum egual to 12 weeks of wages or salary for the employee. 
3. 
Fees and costs. 
The court may order the employer to pay 
reasonable attorney's fees, 
reasonable expert witness fees and 
I" 
other costs of the action. 
SUMMARY 
This bill amends the family medical leave requirements to 
~4 
reflect the requirements of the federal Family and Medical Leave 
Act of 1993 by: 
) R 
~, ! I 
1. 
Extending the family medical leave entitlement to 
weeks from 10 weeks; and 
2. 
Allowing the court to award liquidated damages equal to 
actual wages lost by the employee or costs paid by the employee 
due 
to 
the violation. 
The 
court 
also 
may 
award 
reasonable 
attorney's and expert witness fees as well as court costs .