An Act To Care for Families
Maine Legislature, Session 122, LD 1044
Committee Amendment CA_A_S280 (Senate)

COMMITTEE AMENDMENT ,A" to S.P. 361, L.D. 1044, Bill, 
Act To Care for Families" 
"An 
Amend the bill in section 1 in that part designated "§636." 
in subsection 1 by striking out all of paragraphs A and B (page 
1, lines 11 to 18 in L. D.) 
and inserting in their place the 
following: 
'A. 
"Employer" means a public or private employer with 15 
or more employees. 
B. 
"Immediate family member" 
means an employee's child, 
spouse or parent. 
C. 
"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 leaye" does not include paid short term or long term 
disability, catastrophic leave or similar types of benefits.' 
Further amend the bill in section 1 in that part designated 
"~" in subsection 2 in the last line (page 1, line 23 in 
L.D.) 
by inserting after the following: 
"ill" the following: 
'as provided in this section' 
Further amend the bill in section 1 in that part designated 
"§636." by striking out all of subsections 3 to 6 (page 1, lines 
to 49 in L.D.) and inserting in their place the following: 
Page I-LR1441(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~" to S.P. 361, L.D. 1044 
• 3. 
Election of time; amount; process. 
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 
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 reguire notice or 
verification of illness for leave taken pursuant to this section 
if such notice or verification is reguired when an employee takes 
leave because of the employee' s 
own illness. 
An employer may 
reguire an employee to specit;y that leave is taken pursuant to 
this section. 
4. 
Relationship to collective bargaining. 
This 
section 
applies to employees covered by a Collective bargaining agreement 
unless the agreement provides paid leave benefits that are egual 
to or greater than those provided in this section. 
5. 
Prohibited actions by emplQYer. 
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. 
6. 
Application of family medical leave requirements. 
For 
purposes 
of 
applying 
family 
medical 
leave 
reguirements, 
the 
employer shall treat leave under this section in the Same manner 
as the employer treats leave for a sick employee. 
7. 
Penalty. 
An 
employer 
who 
violates this section is 
subject to a civil penalty of $50 for the first violation, $100 
for the 2nd violation and $250 for each subseguent violation, 
collectible in a civil action by the Department of Labor. 
For 
purposes of imposing a penalty for a violation of subsection 2, 
each day that a reguest for leave under this section is denied 
constitutes a separate violation.' 
Further amend the bill in section 1 in that part designated 
"§636." by renumbering the subsections to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 
to S.P. 361, L.D. 1044 
SUMMARY 
This amendment.: 
1. Limits application of the bill to employers with 15 or 
more employees: 
2. 
Narrows 
and 
clarifies the definitions 
of 
"immediate 
family member" and I. "paid leave": 
3. Allows employers to limit an employee's use of paid leave 
for care of a family member to 40 hours per year: 
I 
4. 
Allows 
employers 
to eliminate 
or 
modify paid 
leave 
benefits: 
5. Establishes penalties of $50 for a first violation, $100 
for a 2nd violation and $250 for each subsequent violation: and 
6. Clarifies certain other provisions of the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Revised: 05126/05 ~ae 
LD 1044 
LR 1441(02) 
An Act To Care for Families 
Fiscal Note for Bill as Amended by Committee Amendment ,A, 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Undetermined future biennium cost increase - General Fund 
Minor revenue increase - General Fund 
This bill will increase costs to local school administrative units and other public and private employers who do not 
currently provide paid leave for illness of an immediate family member. The amount of these additional costs can r 
be determined at this time. Increased costs to local school administrative units will increase the total future cost of 
funding K -12 education as well as the level of General Fund appropriations required to fund the State's share 
beginning in fiscal year 2007-08. 
Establishing civil penalties for employers who violate the provisions of this legislation may increase revenues to the 
General Fund beginning in fiscal year 2005-06. The amount can not be determined at this time and will depend on the 
number of penalties assessed. 
Additional costs to the Department of Labor associated with rulemaking can be absorbed utilizing existing budgeted 
resources. 
LR1441(2) - Fiscal Note - Page 1 of 1