An Act To Care for Families
Maine Legislature, Session 122, LD 1044
Committee: Labor
Sponsors: EDMONDS, RICHARDSON, BARTLETT, MITCHELL, STRIMLING, CLARK, CUMMINGS, HUTTON, TUTTLE
Amends: 26 MRSA §636

Legislative Document 
No. 1044 
S.P.361 
In Senate, March 1, 2005 
An Act To Care for Families 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by President EDMONDS of Cumberland. 
Cosponsored by Speaker RICHARDSON of Brunswick and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BARTLETT of Cumberland, MITCHELL of Kennebec, STRIMLING of 
Cumberland, Representatives: CLARK of Millinocket, CUMMINGS of Portland, HUTTON of 
Bowdoinham, TUTTLE of Sanford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §636 is enacted to read: 
§636. 
Family sick leave 
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A s 
us ed 
in 
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c o_nte x t 
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following meanings. 
A. 
"Immediate family member" includes, but is not limited 
to, an employee's child, spouse, parent and parent of the 
spouse. 
B. 
"Paid leave" 
mei;Hl,~_time~way- from work by an employee 
for which the employee receives compensation, including, but 
not limited to, sick time, vacation time and compensatory 
time. 
2. 
Use of paid leay~~ an employer, 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. 
3. 
Ele~tiQ~ of 
tim~~Qy.nt. 
An 
employee 
may 
use 
any 
amount of paid leave 
~J2--to but not more than the amount of paid 
leave that employee has 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. 
4. 
Compliance 
w:itb~QJ}_ts~G.~~--policy. 
An 
employee who 
takes paid leave pursuant to this section shall comply with 
th~ 
terms of a collective bargaining agreement or employment policy, 
if 
applicable, 
except 
that 
this 
section 
prevails 
over 
any 
contrary 
provision 
in 
a 
collective 
bargaining 
agreement 
or 
employment policy. 
5. 
Prohibited actions by employer. 
An 
employer may not 
eliminate 
or 
threaten 
to 
eliminate 
an 
existing 
paid 
leave 
benefit. 
An 
em~er may 
not 
discharge, 
demote, 
suspend, 
discipline 
or 
otherwise 
discriminate 
against 
an 
employee 
or 
threaten to do 
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. 
6. 
Application of f~i~~~ical leave requirements. 
This 
§ection does not affect in any way leave granted pursuant to the 
family medical leave requirements of subchapter 6-A. 
Page l-LR1441(1) 
l.~.f~rceme_~t:....J~l~s. 
The Department of Labor shall adopt 
.IJ.l,les to implement ~nQ~»J~rce~11~Lf'rovisions of tn-is sectionL 
including 
rules 
regarding 
the 
receipt, 
investigation 
and 
~secution of 
complaints 
Q£~~~ht under this section. 
Rules 
adopted f'ursuant to this subsection are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
to 
This bill requires 
an employer to allow an employee who 
receives paid leave, such as sick or vacation time, to use that 
time to care for an ill immediate family member.