An Act To Amend the Laws Regarding Certain Employment-related Matters
Maine Legislature, Session 122, LD 1419
Committee: Labor
Sponsors: SMITH, STRIMLING, FISHER, GERZOFSKY, PINEAU, THOMPSON
Amends: 26 MRSA §824, 26 MRSA §1043

Legislative Document 
No. 1419 
H.P.983 
House of Representatives, March 22, 2005 
An Act To Amend the Laws Regarding Certain Employment-related 
Matters 
Submitted by the Department of Labor pursuant to Joint Rule 204. 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative SMITH of Van Buren. 
Cosponsored by Senator STRIMLING of Cumberland and 
--m~1??7l!~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: FISHER of Brewer, GERZOFSKY of Brunswick, PINEAU of Jay, 
THOMPSON of China. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §824, sub-§ 1, as enac ted by PL 1983, c . 128, 
§1, is amended to read: 
1. 
Request. 
An employer who feels that granting the leave 
of absence required by this subchapter will cause unreasonable 
hardship for his the employer's business may appeal for relief by 
filing a written notice of appeal te with the ehaiFmaR chair of 
the State Board of Arbitration and Conciliation. 
If the notice 
of 
appeal 
is 
not 
filed within 
days 
of 
receipt of 
the 
employee's notice requesting a 
leave of absence, the employer 
waives his tb& right to appeal. 
The notice of appeal 
sha~~ must 
state the name of the employee and the reasons for the alleged 
unreasonable hardship. 
Payment for the services of a member of 
the State Board of Arbitration and Conciliation must be shared by 
the 
parties 
in 
accordance 
with 
section 
931. 
This 
section 
provides 
the 
exclusive 
remedy 
for 
an 
employer 
claiming 
unreasonable hardship as 
a result of a 
request for leave of 
absence. 
Sec. 2. 26 MRSA §1043, sub-§II, V, as amended by PL 2003, c. 
414, Pt. B, §38 and affected by c. 614, §9, is further amended by 
amending subparagraph (21), division (i) to read: 
(i) 
Prior to January 1,1978, service performed 
in 
the 
employ 
of 
a 
school 
that 
is 
not 
an 
institution of higher education; 
after December 
31, 
1977, service performed in the employ of a 
governmental entity referred to in paragraph A-I, 
subparagraph (1) if that service is performed by 
an individual in the exercise of duties: 
(i) 
As an elected official; 
(ii) 
As a member of a legislative body, or a 
member 
of 
the 
judiciary, 
of 
a 
state 
or 
political subdivision of a state; 
(iii) 
As 
a 
member of the State National 
Guard or Air National Guard; 
(iv) 
As an employee serving on a temporary 
basis 
in 
case 
of 
fire, 
storm, 
snow, 
earthquake, flood or similar emergency; eF 
(v) 
In a position that, under or pursuant to 
the laws of this State, is designated as a 
major 
nontenured 
policymaking 
or 
advisory 
position, 
or 
a 
policymaking 
or 
advisory 
position the 
performance of the duties of 
which ordinarily does not require more than 8 
hours per week; or 
(vi) 
As 
an election official or election 
worker if the amount of remuneration received 
by the individual during the calendar year 
for 
services 
as 
an 
election 
official 
or 
election worker is less than $1,000: 
Sec. 3. 26 MRSA §1043, sub-§17, 1JA, as amended by PL 1991, c. 
193, §2, is further amended to read: 
A. 
An 
individual, 
including 
corporate 
officers, 
is 
considered "totally unemployed" in any week with respect to 
which wages are not payable to the individual and during 
which the individual does not perform services, except that 
remuneration payable or 
received 
as 
holiday pay is not 
considered wages 
for the purpose of this subsection and 
except that any amounts received from the Federal Government 
by members 
of the National Guard and organized reserve, 
including base pay and allowances, or any amounts received 
as a volunteer firefighter e~-~-~I~~-~~aGy-meQieal 
se~viees-~e~seBT are not considered wages for the purpose of 
this subsection. 
SUMMARY 
This bill inserts a 
reference to the existing statutory 
prov~s~on that governs payment for services of a member of the 
State Board of Arbitration and Conciliation in the laws governing 
leaves of absence. 
That provision requires the costs to be 
shared by the parties. 
This bill provides that wages paid to election officials and 
election workers do not have to be reported for purposes of the 
laws governing unemployment compensation until they exceed $1,000. 
This bill also removes the exemption for wages earned as a 
volunteer emergency medical services worker in the definition of 
total and partial unemployment in the laws governing unemployment 
compensation.