An Act To Provide Leave to a Spouse in the Case of Death of or Injury to a Member of the Armed Forces
Maine Legislature, Session 123, LD 0256
Committee Amendment CA_A_H502 (House)
Amends: 26 MRSA §814, 26 MRSA §843

COMMITTEE AMENDMENT "A" to H.P. 212, L.D. 256, Bill, "An Act To 
Provide Leave to a Spouse in the Case of Death of or Injury to a Member of the Armed 
Forces" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Assist Maine Military Families' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 26 MRSA §814, sub-§l, ~, as enacted by PL 2005, c. 523, §2, is 
amended to read: 
B. "Employee" means any person who may be permitted, required or directed by an 
employer in consideration of direct or indirect gain or profit to engage in any 
employment and who has been employed by the same employer for at least 12 
months and has been employed for at least 1,250 hours of service during the 12-
month period immediately preceding the commencement of the employee's family 
military leave. "EH~ployee" inolooes an independent contractor. 
Sec. 2. 26 MRSA §814, sub-§2, as enacted by PL 2005, c. 523, §2, is repealed 
and the following enacted in its place: 
2. Family military leave requirement. Subject to the requirements of subsection 3, 
an employer that employs 15 or more employees shall provide each eligible employee up 
to 15 days of family military leave per deployment, if requested by the employee. Family 
military leave under this subsection may be taken only during one or more of the 
following time frames: 
A. The 15 days immediately prior to deployment; 
B. Deployment, if the military member is granted leave; or 
C. The 15 days immediately following the period of deployment. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A" to H.P. 212, L.D. 256 
Family military leave granted under this section may consist of unpaid leave. 
Sec. 3. 26 MRSA §843, sub-§4, ~D, as amended by PL 2001, c. 684, §2, is 
further amended to read: 
D. 
A child, parent or spouse with a serious health condition; 6f' 
Sec. 4. 26 MRSA §843, sub-§4, ~IE, as enacted by PL 2001, c. 684, §3, is 
amended to read: 
E. 
The donation of an organ of that employee for a human organ transplal1t7~ 
Sec. 5. 26 MRSA §843, sub-§4, V is enacted to read: 
F. The death or serious health condition of the employee's spouse, domestic partner, 
parent or child if the spouse, domestic partner, parent or child as a member of the 
II 
state military forces, as defined in Title 37-8, section 102, or the United States 
Armed Forces, including the National Guard and Reserves .. dies or incurs a serious 
health condition while on active duty.' 
SUMMARY 
This amendment expands the applicability of family military leave by reducing from 
to 15 the number of employees that an employer must have to trigger the requirement 
that such leave be provided. The amendment also allows family members the option of 
using unpaid leave while the service member has returned on leave granted during 
deployment. Finally, the amendment expands the coverage of the bill's provision adding 
a new family medical leave authorization by providing leave if the employee is a 
domestic partner, parent or child of the member of the armed forces and when the 
member dies or incurs a serious health condition while on active duty. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/20107 Mac 
LD256 
LR 117(02) 
An Act To Provide Leave to a Spouse in the Case of neath of or Injury to a Member of the Armed 
Forces 
Fiscal Note for Bill as Amended by Committee Amendment" A " 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Labor can be absorbed within existing budgeted resources. 
LRO 117(02) - Fiscal Note - Page 1 of 1