An Act Relating to the Treatment of Employers and Military Personnel in Connection with "Call to Duty" Activity
Maine Legislature, Session 122, LD 0190
Committee: Labor
Sponsors: FISHER, BARTLETT, BLANCHETTE, BOWLES, CANAVAN, CRESSEY, HOTHAM, JACKSON, PATRICK, COURTNEY
Amends: 26 MRSA §812, 26 MRSA §1221

Legislative Document 
No. 190 
H.P.141 
House of Representatives, January 13,2005 
An Act Relating to the Treatment of Employers and Military 
Personnel in Connection with "Call to Duty" Activity 
Submitted by the Department of Labor pursuant to Joint Rule 204. 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Representative FISHER of Brewer. 
Cosponsored by Senator BARTLETT of Cumberland and 
7Y/~ 
1I7.1lld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BLANCHETTE of Bangor, BOWLES of Sanford, CANAVAN of Waterville, 
CRESSEY of Cornish, HOTHAM of Dixfield, JACKSON of Fort Kent, PATRICK of 
Rumford, Senator: COURTNEY of York. 
Printed Oil recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA c. 7. sub-c. 5. as amended, is further amended 
by repealing the subchapter headnote and enacting the following 
in its place: 
SUBCHAPTER 5 
MILITARY LEAVE OF ABSENCE 
Sec. 2. 26 MRSA §812. sub-§l. as enacted by PL 200L c. 662, 
§12, is amended to read: 
1. 
Benefits 
accrual. 
ABSefl.ee---f<H .. --m-i.,l..i-t.~-Y---\;Fa3:RiR~ 
Military leave of absence as described in section 811 does not 
affect the employee's right to 
receive normal vacation, 
sick 
leave, 
bonus, 
advancement 
and other 
advantages 
of 
employment 
normally to be anticipated in the employee's particular position. 
Sec. 3. 26 MRSA §812. sub-§2. 'B. as enacted by PL 2001, c. 
662, §12, is amended to read: 
B. 
After the expiration of the first 30 days of military 
leave of absence, the member of the National Guard or the 
Reserves of the United States Armed Forces has the option of 
continuing the health, dental and life insurance benefits in 
effect at the member's own expense by paying the insurance 
premium at the same rates as paid by the employer. 
Sec. 4. 26 MRSA §1221. sub-§3. llA. as amended by PL 1983, c. 
650, §2, is further amended to read: 
A. 
At 
the 
time 
the 
status 
of 
an 
employing 
unit 
is 
ascertained to 
be 
that of 
an employer, 
the 
commissioner 
shall establish and 
the~eaEte!' maintainL 
unti 1 
s>aeH 
tJw 
employer status is terminated, for eaea-s>aea the employer an 
'!experience rating record, '! to which shall--Be are credited 
all the contributions whieH that the employer 
theFea€te~ 
pays on ais the employer's own behalf. 
NetHi-R~-iR-£his Th.L~ 
chapter 
sha~~ may not be construed to grant any employer or 
individuals in His the employer's service prior claims or 
rights to the amounts paid by him the employer into the 
fund. 
Benefits paid to 
an eligible 
individual under 
the 
Maine Employment Security Law shall must be charged against 
the ~experience rating record~ of the claimant's most recent 
subject employer or to the General Fund if the otherwise 
chargeable ~experience rating record~ is that of an employer 
whose status as such has been terminated; except that no 
charge shall !I@Y be made to an individual employer but saall 
Page l-LR0333(l) 
.. 
2fi 
JU 
• 
of 
must be made to the General Fund if the commission finds 
that: 
(1) 
b,laimaat:~s The claimant's separation from His the 
claimant's 
last 
employer 
was 
for 
misconduct 
in 
connection with His the claimant's employmentT or was 
voluntary without good cause attributable to S\ieH the 
employer; 
The 
claimant 
has 
refused 
to 
accept 
suitable 
work 
when 
offered 
by 
a 
without good cause attributable to 
( 2 ) 
naimaat: 
reemployment 
in 
previous employer, 
S\ieH the employer; 
(3) 
Benefits 
paid 
are 
not 
chargeable against 
employer's experience rating record in accordance 
section 1194, subsection 11, paragraphs Band C; 
any 
with 
(5) 
Reimbursements are made to 
a state, the Virgin 
Islands or Canada for benefits paid to a claimant under 
a 
reciprocal 
benefits 
arrangement 
as 
authorized 
in 
section 1082, subsection 121- ,_lH9vieee-t:Hat: as long as 
the wages of the claimant transferred to S\iSH the other 
state, 
the Virgin Islands 
or 
Canada 
under 
such 
an 
arrangement 
are 
less 
than 
the 
amount 
of 
wages 
for 
insured work required for benefit purposes by section 
1192, subsection 5; 9F 
(6) 
G,laimaat: 
The 
claimant 
was 
hired 
by 
His 
the 
claimant's last employer to fill a position left open 
by a Legislator given a leave of absence under chapter 
7, 
subchapter V-A 
5-A, 
and the claimant's separation 
from this employer was because the employer restored 
the 
Legislator 
to 
the 
position 
after 
His 
th~ 
Legislator's leave of absence as required by chapter 7, 
subchapter V-AT 5-A; or 
(7) 
The 
claimant was 
hired by 
the claimant's last 
employer to fill a position left open by an individual 
who left to enter active duty in the United States 
military, 
and 
the 
claimant's 
separation 
from 
this 
employer was because the employer restored the military 
serviceperson to the person's former 
employment upon 
separation from military service. 
SUMMARY 
This bill addresses 2 situations related to military leaves 
absence. 
The first provision of the bill relieves employers 
of unemployment benefit charges resulting from layoffs that occur 
as 
a 
result of 
personnel 
returning 
from 
military 
leaves 
of 
absence. 
Employers 
must 
hold positions 
for 
workers 
who 
are 
called to active duty so that they are guaranteed work when their 
mili tary 
duty 
assignments 
are 
completed. 
In 
some 
cases, 
employers find they need to hire replacement workers to keep the 
business going until the former employees return. 
Under current 
law, if the return of the active military personnel causes the 
replacement workers to be laid off, the laid-off workers receive 
unemployment 
benefits, 
and 
the 
employer's 
unemployment 
tax 
experience rating is charged, 
potentially resulting in 
a 
tax 
increase to the employer. 
This bill relieves the employer of 
bene fit charges under these circumstances. 
The second provision 
clarifies the 
law concerning the right of National Guard and 
reserve members on military leave of absence to retain normal 
vacation, sick leave, bonus, advancement and any other benefits 
related 
to 
normal 
employment 
in 
those 
employees' 
particular 
positions. 
..